L 78/22 Official Journal of the European Union 16.3.2004 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 2 March 2004 authorising the Member States to sign, ratify or accede to, in the interest of the European Com- munity, the Protocol of 2003 to the International Convention on the Establishment of an Interna- tional Fund for Compensation for Oil Pollution Damage, 1992, and authorising Austria and Luxem- bourg, in the interest of the European Community, to accede to the underlying instruments (2004/246[EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 61(c), in conjunction with Article 300(2), first subparagraph, and Article 300(3), second subparagraph, thereof, Having regard to the proposal from the Commission, Having regard to the assent of the European Parliament ('), Whereas: 1 The Protocol to the International Convention on the Establishment of an International Fund for Compensa- tion for Oil Pollution Damage, 1992, (hereinafter the Supplementary Fund Protocol), is aimed at ensuring adequate, prompt, and effective compensation of persons who suffer damage caused by oil spills caused by tankers. By significantly raising the limits of compen- sation available in the present international system, the Supplementary Fund Protocol addresses one of the most significant shortcomings in the international regulation of oil pollution liability. Articles 7 and 8 of the Supplementary Fund Protocol affect Community legislation on jurisdiction and the recognition and enforcement of judgments, as laid down in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforce- ment of judgments in civil and commercial matters (3). The Community has exclusive competence in relation to Articles 7 and 8 of the Protocol, insofar as those Articles affect the rules laid down in Regulation (EC) No 44/ (") Assent of 12 February 2004 (not yet published in the Official Journal). () OJL 12, 16.1.2001, p. 1. 2001. The Member States retain their competence for matters covered by the Protocol which do not affect Community law. Pursuant to the Supplementary Fund Protocol, only sovereign States may be party to it; it is not therefore possible for the Community to ratify or accede to the Protocol, nor is there a prospect that it will be able to do so in the near future. The Council should therefore, exceptionally, authorise the Member States to sign and conclude the Supplemen- tary Fund Protocol in the interest of the Community, under the conditions set out in this Decision. The United Kingdom and Ireland are bound by Regu- lation (EC) No 44/2001 and are therefore taking part in the adoption and application of this Decision. In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on Euro- pean Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision, and is not bound by it or subject to its application. Only Contracting Parties to the underlying instruments may become Contracting Parties to the Supplementary Fund Protocol. Austria and Luxembourg are not currently parties to the underlying instruments. Since the underlying instruments contain provisions affecting Regulation (EC) No 44/2001, Austria and Luxembourg should also be authorised to accede to these instruments.