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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(3) and (4) thereof,Having regard to the recommendation from the European Commission,Whereas:
(1)The Convention for the Protection of the Marine Environment of the North-East Atlantic (the ‘Convention’) was concluded by the Union by Council Decision 98/249/ECnote, and entered into force on 25 March 1998.
(2)Spain and Portugal have submitted a proposal pursuant to Article 15(2) of the Convention to amend Article 1, point (a), of the Convention in order to include the waters surrounding Macaronesia (Madeira and the Canary Islands) in the maritime area governed by the Convention.
(3)The proposed amendment aims to ensure a greater coherence between the Convention and the provisions of Directive 2008/56/EC of the European Parliament and of the Councilnote which are already applicable in Macaronesia, thereby improving the coordination of the protection and conservation of the rich biodiversity and vulnerable ecosystems of Macaronesia.
(4)That proposal for an amendment to Article 1, point (a), of the Convention is to be discussed during the 28th meeting of the Commission established by Article 10(1) of the Convention (the ‘OSPAR Commission’). Pursuant to Article 15(3) of the Convention, the OSPAR Commission is to adopt the amendment by unanimous vote of the Contracting Parties.
(5)Pursuant to Article 15(4) of the Convention, the adopted amendment is to be submitted by the Depositary Government to the Contracting Parties for ratification, acceptance or approval. Pursuant to Article 15(5) of the Convention, the amendment is to enter into force only after receipt by the Depositary Government of notification of its ratification, acceptance or approval by at least seven Contracting Parties.
(6)The Union should participate in the negotiations on the proposed amendment to Article 1, point (a), of the Convention during the 28th meeting of the OSPAR Commission.
(7)This Decision, which authorises the Commission to participate in the negotiations on behalf of the Union, concerns matters falling within the competence of the Union in so far as they may affect common rules of Union law or alter their scope. In the area of shared competences, Member States retain their competence in so far as the Convention does not affect common rules of Union law or alter their scope,
HAS ADOPTED THIS DECISION:
Article 1#
The Commission is hereby authorised to participate, on behalf of the Union, in the negotiations within the Commission of the Convention for the Protection of the Marine Environment of the North-East Atlantic (the ‘Convention’) on an amendment to Article 1, point (a), of the Convention aimed at including the waters surrounding Macaronesia (Madeira and the Canary Islands) in the maritime area governed by the Convention.
Article 2#
The negotiations shall be conducted on the basis of the negotiating directives set out in the addendum to this Decision.
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