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9.1.2013 Official
Journal
of
the
European
Union L
4/13
COUNCIL DECISION
of 17 December 2012
on the accession of the European Union to the Protocol for the Protection of the Mediterranean Sea
against pollution resulting from exploration and exploitation of the continental shelf and the seabed
and its subsoil
(2013/5/EU)
THE COUNCIL OF THE EUROPEAN UNION,
consequences on the Mediterranean economy and fragile
marine and coastal ecosystems. It is likely that in the
Having regard to the Treaty on the Functioning of the European
medium term other mineral resources contained in the
Union, and in particular Article 192(1), in conjunction with
deep sea, seabed and subsoil will be the subject of explo
Article 218(6)(a) thereof,
ration and exploitation activities.
Having regard to the proposal from the European Commission,
(5) Failure
to
address
effectively
the
risks
emanating
from
such activities could gravely compromise the efforts of
all the Member States having the obligation to take the
Having regard to the consent of the European Parliament ( 1 ),
necessary measures to achieve and maintain good envi
ronmental status in their marine waters in the Mediter
Whereas:
ranean, as required by Directive 2008/56/EC of the
European Parliament and of the Council of 17 June
(1)
The Convention for the Protection of the Mediterranean
2008 establishing a framework for community action
Sea against Pollution, which was subsequently renamed
in the field of marine environmental policy (Marine
as the Convention for the Protection of the Marine
Strategy Framework Directive) ( 4 ). In addition, taking
Environment and the Coastal Region of the Mediter
the necessary action would contribute to meeting the
ranean (the ‘Barcelona Convention’), was concluded on
commitments and respecting the obligations into which
behalf of the European Community by means of Council
Greece, Spain, France, Italy, Cyprus, Malta, Slovenia and
Decision 77/585/EEC
( 2 ) and amendments to the
the Union itself have entered as Contracting Parties of the
Barcelona Convention were accepted by means of
Barcelona Convention.
Council Decision 1999/802/EC ( 3 ).
(6) The
Offshore
Protocol
covers
a
broad
range
of
provisions
(2) In
accordance
with
Article
7
of
the
Barcelona
which will need to be implemented by different levels of
Convention, the Contracting Parties are to take all appro
administration. While it is appropriate for the Union to
priate measures to prevent, abate, combat and to the
act in support of safety of offshore exploration and
fullest possible extent eliminate pollution of the Medi
exploitation activities, bearing in mind, inter alia, the
terranean Sea Area resulting from exploration and exploi
high probability of cross-border effects of environmental
tation of the continental shelf and the seabed and its
problems related to such activities, the Member States
subsoil.
and their relevant competent authorities should be
responsible for certain detailed measures laid down in
the Offshore Protocol.
(3)
One of the Protocols to the Barcelona Convention deals
with protection of the Mediterranean Sea against
pollution resulting from exploration and exploitation of
(7) The
Commission
Communication
entitled
‘Facing
the
the continental shelf and the seabed and its subsoil (the
challenge of the safety of offshore oil and gas activities’,
‘Offshore Protocol’). It entered into force on 24 March
adopted on 12 October 2010, identifies the need for
2011. To date, Albania, Cyprus, Libya, Morocco, Syria
international cooperation to promote offshore safety
and Tunisia have ratified it. In addition to Cyprus,
and response capabilities worldwide and one of the
some other Member States that are Contracting Parties
related actions is the exploration of the potential of
to the Barcelona Convention have announced recently
regional conventions. It recommends re-launching in
their intention to also ratify the Protocol.
close collaboration with the Member States concerned,
the process towards bringing into force the Offshore
(4) It
is
estimated
that
there
are
more
than
200
active
Protocol.
offshore platforms in the Mediterranean and more instal
lations are under consideration. Hydrocarbon exploration
and exploitation activities are expected to increase after
(8) The
Council
in
its
Conclusions
on
safety
of
offshore
oil
the discovery of large fossil fuels reserves in the Medi
and gas activities, adopted on 3 December 2010, stated
terranean. Due to the semi-enclosed nature and special
that the Union and its Member States should continue to
hydrodynamics of the Mediterranean Sea, an accident of
play a prominent role in striving for the highest safety
the kind that occurred in the Gulf of Mexico in 2010
standards in the framework of international initiatives
could have immediate adverse transboundary
and fora and regional cooperation such as in the Medi
terranean. The Council also called on the Commission
and Member States to make best use of existing inter
( 1 ) Consent of 20 November 2012 (not yet published in the Official
national conventions.
Journal).
( 2 ) OJ L 240, 19.9.1977, p. 1.
( 3 ) OJ L 322, 14.12.1999, p. 32.
( 4 ) OJ L 164, 25.6.2008, p. 19.

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L 4/14
EN
Official Journal of the European Union
9.1.2013
(9) The
European Parliament, in its resolution of
yet done so should take the necessary steps to finalise the
13 September 2011, stressed the importance of
procedures to ratify or accede to the Offshore Protocol.
bringing fully into force the unratified Offshore
Protocol, targeting protection against pollution resulting
from exploration and exploitation.
(14) The
Union should therefore accede to the Offshore

Protocol,
(10) One of the objectives of the environment policy of the
Union is promoting measures at international level to
HAS ADOPTED THIS DECISION:
deal with regional environmental problems. In relation
to the Offshore Protocol, it is particularly important to
Article 1
bear in mind the high probability of transboundary envi
ronmental effects in case of accidents in a semi-enclosed
The accession of the European Union to the Protocol for the
sea such as the Mediterranean Sea. It is therefore appro
Protection of the Mediterranean Sea against pollution resulting
priate for the Union to take all necessary actions in
from exploration and exploitation of the continental shelf and
support of safety of offshore exploration and exploitation
the seabed and its subsoil is hereby approved on behalf of the
activities and for the protection of the marine
Union.
environment in the Mediterranean Sea.
The text of the Offshore Protocol is attached to this Decision.
(11) The
Commission
is
also
proposing
a
Regulation
on
safety
of offshore oil and gas prospection, exploration and
Article 2
production activities (the ‘proposed Regulation’).
The President of the Council is hereby authorised to designate
(12) The
Offshore
Protocol
concerns
a
field
which
is
in
large
the person(s) empowered to proceed, on behalf of the Union, to
measure covered by Union law. This includes, for
the deposit of the instrument of approval with the Government
instance, elements such as the protection of the marine
of Spain which assumes the functions of Depositary, as
environment, environmental impact assessment and envi
provided for in Article 32(2) of the Offshore Protocol, in
ronmental liability. Subject to the final decision of legis
order to express the consent of the Union to be bound by
lators on the proposed Regulation, the Offshore Protocol
the Offshore Protocol ( 1 ).
is furthermore consistent with the objectives thereof,
including those concerning authorisation, environmental
Article 3
impact assessment and technical and financial capacity of
operators.
This Decision shall enter into force on the day of its adoption.
(13) It
is
essential
to
ensure
close
cooperation
between
the
Member States and the institutions of the Union, both in
Done at Brussels, 17 December 2012.
the process of negotiation and conclusion and in the
fulfilment of the commitments entered into. That
obligation to cooperate flows from the requirement of
For the Council
unity in the international representation of the Union.
Therefore, those Member States that are Contracting
The President
Parties to the Barcelona Convention and that have not
S. ALETRARIS
( 1 ) The date of entry into force of the Offshore Protocol for the Union
will be published in the Official Journal of the European Union by the
General Secretariat of the Council.

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Document Outline

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