14 Barcelona Convention
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15477/13
COM(13) 743
| Draft Council Decision establishing the position to be taken at the Eighteenth Ordinary Meeting of the Contracting Parties of the Barcelona Convention for the Protection of the Environment and the Coastal Region of the Mediterranean, with regard to the proposal for amending Annexes II and III to the Protocol concerning Special Protected Areas and Biological Biodiversity in the Mediterranean and with regard to the proposal for adoption of a Regional Action Plan on Marine Litter
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| Legal base | Articles 192(1) and 218(9) TFEU; QMV
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| Document originated | 29 October 2013
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| Deposited in Parliament | 31 October 2013
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 14 November 2013
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| Previous Committee Report | None
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| Discussion in Council | See para 14.1
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| Committee's assessment | Legally important
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| Committee's decision | Cleared; further information requested
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Background
14.1 The Barcelona Convention, together with a number
of its Protocols, seeks to protect the marine environment and
coastal region of the Mediterranean against pollution, and both
the EU and a number of Member States with coast lines in the area[35]
are parties to it. The Contracting Parties usually meet every
two years, and this draft Council Decision addresses the position
to be taken by the EU on two proposals due to be considered at
the next such meeting from 3-6 December.
The current document
14.2 The first proposal relates to the Protocol concerning
Specially Protected Areas and Biological Diversity, Annex II of
which lists endangered and threatened species, whilst Annex III
simply lists those which are regulated. The proposal would upgrade
five coral species from Annex III to Annex II, and include six
other species directly into Annex II. The second proposal relates
to the Protocol for the Protection of the Mediterranean Sea against
Pollution for Land Based Sources, and would provide for the adoption
of a Regional Action Plan on Marine Litter.
The Government's view
14.3 The UK is not a Contracting Party, and has no
direct geographical interest, but, in his Explanatory Memorandum
of 14 November 2013, the Parliamentary Under Secretary of State
for Farming, Food and Marine Environment (George Eustice), accepts
that the protection of the coral reefs can be better achieved
by the EU than by Member States acting individually, and considers
that the proposed action would be in accordance with the principle
of subsidiarity.
14.4 However, he says that the Government has concerns
about the proposed Marine Litter Regional Action Plan, noting
in particular that the recitals to the draft Decision could be
read as suggesting that there are wide-ranging internal EU rules
on litter, and that international action is necessary to implement
these, whereas the Plan would cover matters (such as fishing for
litter or beach litter clean-up) which are not subject to any
existing EU rules, and would require Member States to take action
to combat littering on the beach, which is best determined at
the national and local level. He also points out that, even where
some EU measures relating to marine pollution, such as the Marine
Strategy Framework Directive, arguably relate specifically to
litter, it is clearly stated that it is for individual Member
States to determine what measures are needed to deal with the
problem.
14.5 The Government therefore intends to clarify
the EU mandate, so that it does not affect the existing division
of competences between the EU and its Member States, and to make
the UK's position clear ahead of the meeting of the Convention
(and in the event that the EU proposes similarly to take action
instead of Member States under other Regional Seas Conventions,
such as that protecting the marine environment in the North-East
Atlantic, (OSPAR)).
Conclusion
14.6 As we have noted, the UK is not a party to
the Barcelona Convention, has no direct geographical interest
in its activities (except insofar as these might affect Gibraltar),
and is in any case content with the measures proposed to protect
coral species. The main point at issue therefore arises on the
proposed provisions on marine litter, both in relation to the
Mediterranean and their possible application in other areas. Consequently,
whilst we are willing to leave the Government a free hand to address
this issue, and are hence content to clear the document, we think
it right to draw it to the attention of the House. We would also
be interested to hear of any clarification which the Government
manages to make to the EU mandate to reflect the existing division
of competences between the EU and Member States.
35 Cyprus, Croatia, France, Greece, Italy, Malta, Slovenia
and Spain. Back
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