Council Decision

of 2 December 2005

on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers

(2006/61/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3), as well as Article 300(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament [1],

Whereas:

(1) The UN-ECE Protocol on Pollutant Release and Transfer Registers (hereinafter the Protocol) aims at enhancing public access to information, in line with the UN-ECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter the Aarhus Convention).

(2) The Community signed the Aarhus Convention on 25 June 1998 and approved it by Decision 2005/370/EC [2].

(3) The Community signed the Protocol on 21 May 2003.

(4) The Protocol is open to ratification, acceptance or approval by signatory States and by regional economic integration organisations.

(5) Under the terms of the Protocol, a regional economic integration organisation is to declare in its instrument of ratification, acceptance, approval or accession, the extent of its competence with respect to the matters governed by the Protocol.

(6) Regulation (EC) No 166/2006 of the European Parliament and the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register [3] has incorporated the provisions of the Protocol into Community legislation.

(7) Article 20 of the Protocol stipulates a simplified and accelerated procedure for amending its annexes.

(8) It is therefore appropriate to approve the Protocol on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The UN-ECE Protocol on Pollutant Release and Transfer Registers is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision as Annex A.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of approval with the Secretary-General of the United Nations, in accordance with Article 25 of the Protocol.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the Declaration of Competence set out in Annex B to this Decision, in accordance with Article 26(4) of the Protocol.

Article 4

1. As regards matters falling within Community competence, the Commission is authorised to approve on behalf of the Community, amendments to the Annexes to the Protocol, pursuant to Article 20 thereof.

2. The Commission shall be assisted in carrying out this task by a special committee appointed by the Council.

3. The authorisation referred to in paragraph 1 shall be limited to those amendments that are consistent with, and do not entail any modification of, relevant Community legislation on the establishment of a European Pollutant Release and Transfer Register.

4. Whenever an amendment to the Annexes to the Protocol is not implemented in the relevant Community legislation within 12 months of the date of its circulation by the Depositary, the Commission shall, in writing, provide the Depositary with a notification of non-acceptance with respect to that amendment in accordance with Article 20(8) of the Protocol before the expiry of that 12-month period. Where the amendment is subsequently implemented, the Commission shall withdraw the notification without delay.

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 2 December 2005.

For the Council

The President

M. Beckett

[1] Opinion of 30 May 2005 (not yet published in the Official Journal).

[2] OJ L 124, 17.5.2005, p. 1.

[3] OJ L 33, 4.2.2006, p. 1.

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