Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and Its Protocols © 2019 United Nations Environment Programme

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United Nations Environment Programme Mediterranean Action Plan - Barcelona Convention Secretariat Vassileos Konstantinou 48, Athens 116 35, Greece www.unepmap.org

Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocols This document is published for information purposes only and does not replace the original authentic texts of the Barcelona Convention and its Protocols that are held by the Government Spain in its capacity as Depositary. Updated information on the Barcelona Convention and its Protocols and related activities can be found on the United Nations Environment Programme/Mediterranean Action Plan (UNEP/MAP) website (www.unepmap.org)

TABLE OF CONTENTS

Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean 5

Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea 24

Protocol Concerning Cooperation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea 32

Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities 44

Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean 62

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 86

Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal 113

Protocol on Integrated Coastal Zone Management in the Mediterranean 135

FOREWORD

The Convention for the Protection of the Mediterranean Sea against Pollution was adopted in 1976 by the Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region for the Protection of the Mediterranean Sea in Barcelona, Spain. It was amended on 10 June 1995 and renamed Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention).

The amended Convention encompassed the key concepts adopted at the landmark 1992 Rio Conference, including the definition of sustainable development; the precautionary principle; integrated coastal zone management; the use of best available techniques and best environmental practices and the promotion of environmentally sound technology.

Over the years, the Contracting Parties adopted seven implementing Protocols to the Barcelona Convention addressing specific measures, technical requirements, standards and specifications to abate, phase out and eliminate marine pollution from different land and sea-based sources, protect marine and coastal biodiversity and ecosystems and apply integrated coastal zone management principles and related tools. Taken together, this legal framework provides effective instruments to preserve the extraordinary wealth of resources that the Mediterranean offers to the millions of people inhabiting its shores and to the world.

The Mediterranean Action Plan of the United Nations Environment Programme (UNEP/MAP) and the Contracting Parties to the Barcelona Convention have progressively erected a uniquely comprehensive institutional, legal, and implementing framework integrating essential building blocks for sustainability in the Mediterranean. During this time, the commitment of the Contracting Parties has continued unabated and delivered crucial results. The functional governance mechanisms, the establishment of the Mediterranean Trust Fund and the enduring cooperation, despite the strong geopolitical currents traversing the region, provide ample evidence of the strength of what we started building together almost half a century ago.

The implementation of the Barcelona Convention and its Protocols is the subject of national reports submitted by the Contracting Parties through 2

a formal reporting system. By doing so, Contracting Parties meet their reporting obligations and, at the same time, feed into a key source of information on the state of implementation of the Convention, which in turn provides them with an evidence-based platform for informed policymaking at the national and regional level. In 2008, the Compliance Committee was established as a subsidiary body to facilitate and promote the implementation of the Convention and its Protocols.

The value of the Barcelona Convention goes beyond its legal significance to embrace a broader, powerful notion: basin-wide awareness and solidarity. The genesis of the Convention on 16 February 1976 marked a watershed moment in the history of the Mediterranean, when riparian states situated at various stages of economic development and with different scientific and technical capacities embarked on a ground- breaking endeavour to protect the marine environment and the coastal region of the Mediterranean.

As in all intergovernmental settings, the sea of cooperation was at times choppy. Some protocols are not yet universally ratified and sometimes constraints in data sharing hinder essential monitoring and assessment efforts. Too often, development is at odds with the health of marine and coastal ecosystems, particularly when economic activities and rapid growth to create jobs are devoid of sustainability considerations. Although it was not always plain sailing, our journey took us through significant developments and accomplishments. The entry into force of the legally binding Integrated Coastal Zone Management (ICZM) Protocol in 2011 was the latest in a series of achievements that we celebrated perhaps too quietly.

Programmes and projects implemented by the UNEP/MAP and the Regional Activity Centres (RACs) translate the vision of a healthy and prosperous Mediterranean into a gradually expanding constellation of up-scalable sustainability bright spots. In this endeavour, the unique set-up of the UNEP/MAP has been a source of strength as it allowed the system to acquire and develop essential expertise, notably through the specific mandates of the RACs, while keeping a shared sense of direction and common purpose.

By building on what we have collectively achieved, it is possible – today more than ever before – to decouple development from environmental degradation in the Mediterranean. The vision, the technology, the 3

resources, the public awareness and the political commitment are in place and can turn the crucial shift to sustainability into reality. On 25 September 2015, all the Mediterranean States adopted the 2030 Agenda for Sustainable Development and its 17 Sustainable Development Goals (SDGs) at a historic gathering in the UN Headquarters in New York. The 2030 Agenda provides the Contracting Parties to the Barcelona Convention with a universal and integrated blueprint, complete with robust indicators encompassing the economic, social and environmental pillars of sustainable development.

The Mediterranean Commission on Sustainable Development (MCSD), the advisory body established in 1996 by the Contracting Parties to underpin the implementation of the Barcelona Convention, was instrumental in integrating the SDGs into the Mediterranean Strategy on Sustainable Development (2016-2025) that is guiding our collective work towards sustainable and inclusive economic growth in the basin.

As we embark on a new chapter of our common journey, the UNEP/MAP counts on the support of our partners in the United Nations System, in other intergovernmental organizations and in the vibrant Mediterranean Civil Society. By drawing on their acumen and on the wide array of expertise that they generously offer, UNEP/MAP can continue to support the Contracting Parties to the Barcelona Convention. We will need all hands on deck to meet the challenges and seize the opportunities lying on the Mediterranean horizon.

Gaetano Leone Coordinator, UN Environment Programme/Mediterranean Action Plan (UNEP/MAP) – Barcelona Convention Secretariat

Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocols

The Convention for the Protection of the Mediterranean Sea Against Pollution (the Barcelona Convention) was adopted on 16 February 1976 and entered into force on 12 February 1978.

The Convention was amended by the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean on 10 June 1995. The amended Convention entered into force on 9 July 2004. 6 7

The Contracting Parties, Conscious of the economic, social, health and cultural value of the marine environment of the Mediterranean Sea Area, Fully aware of their responsibility to preserve and sustainably develop this common heritage for the benefit and enjoyment of present and future generations, Recognizing the threat posed by pollution to the marine environment, its ecological equilibrium, resources and legitimate uses, Mindful of the special hydrographic and ecological characteristics of the Mediterranean Sea Area and its particular vulnerability to pollution, Noting that existing international conventions on the subject do not cover, in spite of the progress achieved, all aspects and sources of marine pollution and do not entirely meet the special requirements of the Mediterranean Sea Area, Realizing fully the need for close cooperation among the States and international organizations concerned in a coordinated and comprehensive regional approach for the protection and enhance- ment of the marine environment in the Mediterranean Sea Area, Fully aware that the Mediterranean Action Plan, since its adoption in 1975 and through its evolution, has contributed to the process of sustainable development in the Mediterranean region and has represented a substantive and dynamic tool for the implementation of the activities related to the Convention and its Protocols by the Contracting Parties, Taking into account the results of the United Nations Confer- ence on Environment and Development, held in Rio de Janeiro from 4 to 14 June 1992, Also taking into account the Declaration of Genoa of 1985, the Charter of Nicosia of 1990, the Declaration of Cairo of 1992 on Euro-Mediterranean Cooperation on the Environment within the Mediterranean Basin, the recommendations of the Conference of Casablanca of 1993, and the Declaration of Tunis of 1994 on the Sustainable Development of the Mediterranean, Bearing in mind the relevant provisions of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 De- cember 1982 and signed by many Contracting Parties, 8

Have agreed as follows: activities, including fishing and other legitimate uses of the sea, Article 1 impairment of quality for use GEOGRAPHICAL COVERAGE of seawater and reduction of amenities. 1. For the purposes of this (b) “Organization” means the body Convention, the Mediterranean designated as responsible for Sea Area shall mean the maritime carrying out secretariat functions waters of the Mediterranean Sea pursuant to article 17 of this proper, including its gulfs and Convention. seas, bounded to the West by the meridian passing through Cape Article 3 Spartel lighthouse, at the entrance GENERAL PROVISIONS of the Straits of Gibraltar, and to the East by the southern limits 1. The Contracting Parties, when of the Straits of the Dardanelles applying this Convention and its between Mehmetcik and Kumkale related Protocols, shall act in lighthouses. conformity with international law. 2. The application of the Convention 2. The Contracting Parties may may be extended to coastal areas enter into bilateral or multilateral as defined by each Contracting agreements, including regional Party within its own territory. or sub-regional agreements for 3. Any Protocol to this Convention the promotion of sustainable may extend the geographical development, the protection of the coverage to which that particular environment, the conservation and Protocol applies. preservation of natural resources in the Mediterranean Sea Area, Article 2 provided that such agreements are DEFINITIONS consistent with this Convention and the Protocols and conform to For the purposes of this international law. Copies of such Convention: agreements shall be communicated (a) “Pollution” means the introduction to the Organization. As appropriate, by man, directly or indirectly, of Contracting Parties should make substances or energy into the use of existing organizations, marine environment, including agreements or arrangements in the estuaries, which results, or is Mediterranean Sea Area. likely to result, in such deleterious 3. Nothing in this Convention and its effects as harm to living resources Protocols shall prejudice the and marine life, hazards to human rights and positions of any State health, hindrance to marine concerning the United Nations 9

Convention on the Law of the Sea measures to implement the of 1982. Mediterranean Action Plan and, 4. The Contracting Parties shall further, to pursue the protection take individual or joint initiatives of the marine environment and compatible with international law the natural resources of the through the relevant international Mediterranean Sea Area as an organizations to encourage the integral part of the development implementation of the provisions of process, meeting the needs of this Convention and its Protocols present and future generations by all the non-party States. in an equitable manner. For 5. Nothing in this Convention the purpose of implementing and its Protocols shall affect the the objectives of sustainable sovereign immunity of warships or development the Contracting other ships owned or operated by a Parties shall take fully into State while engaged in government account the recommendations of non-commercial service. However, the Mediterranean Commission each Contracting Party shall ensure on Sustainable Development that its vessels and aircraft, entitled established within the framework of to sovereign immunity under the Mediterranean Action Plan. international law, act in a manner 3. In order to protect the environment consistent with this Protocol. and contribute to the sustainable development of the Mediterranean Article 4 Sea Area, the Contracting Parties GENERAL OBLIGATIONS shall: (a) apply, in accordance with their 1. The Contracting Parties shall capabilities, the precautionary individually or jointly take principle, by virtue of which where all appropriate measures in there are threats of serious or accordance with the provisions irreversible damage, lack of full of this Convention and those scientific certainty shall not be Protocols in force to which used as a reason for postponing they are party to prevent, abate, cost-effective measures to prevent combat and to the fullest possible environmental degradation; extent eliminate pollution of the (b) apply the polluter pays principle, Mediterranean Sea Area and to by virtue of which the costs of protect and enhance the marine pollution prevention, control and environment in that Area so as to reduction measures are to be borne contribute towards its sustainable by the polluter, with due regard to development. the public interest; 2. The Contracting Parties pledge (c) undertake environmental impact themselves to take appropriate assessment for proposed activities 10

that are likely to cause a significant agreed measures, procedures and adverse impact on the marine standards for the implementation environment and are subject to of this Convention. an authorization by competent 6. The Contracting Parties further national authorities; pledge themselves to promote, (d) promote cooperation between within the international bodies and among States in environmental considered to be competent by impact assessment procedures the Contracting Parties, measures related to activities under their concerning the implementation jurisdiction or control which are of programmes of sustainable likely to have a significant adverse development, the protection, effect on the marine environment conservation and rehabilitation of of other States or areas beyond the the environment and of the natural limits of national jurisdiction, on the resources in the Mediterranean Sea basis of notification, exchange of Area. information and consultation; (e) commit themselves to promote Article 5 the integrated management of POLLUTION CAUSED BY DUMPING the coastal zones, taking into FROM SHIPS AND AIRCRAFT account the protection of areas of OR INCINERATION AT SEA ecological and landscape interest and the rational use of natural The Contracting Parties shall resources. take all appropriate measures to 4. In implementing the Convention prevent, abate and to the fullest and the related Protocols, the possible extent eliminate pollution Contracting Parties shall: of the Mediterranean Sea Area (a) adopt programmes and measures caused by dumping from ships and which contain, where appropriate, aircraft or incineration at sea. time limits for their completion; (b) utilize the best available Article 6 techniques and the best POLLUTION FROM SHIPS environmental practices and promote the application of, access The Contracting Parties shall to and transfer of environmentally take all measures in conformity sound technology, including clean with international law to prevent, production technologies, taking into abate, combat and to the fullest account the social, economic and possible extent eliminate pollution technological conditions. of the Mediterranean Sea Area 5. The Contracting Parties shall caused by discharges from cooperate in the formulation and ships and to ensure the effective adoption of Protocols, prescribing implementation in that Area of 11

the rules which are generally into the sea or through coastal recognized at the international level disposal; relating to the control of this type of – indirectly through rivers, canals pollution. or other watercourses, including underground watercourses, or Article 7 through run-off; POLLUTION RESULTING FROM (b) to pollution from land-based EXPLORATION AND EXPLOITATION sources transported by the OF THE CONTINENTAL SHELF AND THE atmosphere. SEABED AND ITS SUBSOIL Article 9 The Contracting Parties shall COOPERATION IN DEALING take all appropriate measures to WITH POLLUTION EMERGENCIES prevent, abate, combat and to the fullest possible extent eliminate 1. The Contracting Parties shall pollution of the Mediterranean Sea cooperate in taking the necessary Area resulting from exploration and measures for dealing with pollution exploitation of the continental shelf emergencies in the Mediterranean and the seabed and its subsoil. Sea Area, whatever the causes of such emergencies, and reducing Article 8 or eliminating damage resulting POLLUTION FROM therefrom. LAND-BASED SOURCES 2. Any Contracting Party which becomes aware of any pollution The Contracting Parties shall emergency in the Mediterranean take all appropriate measures to Sea Area shall without delay prevent, abate, combat and to the notify the Organization and, either fullest possible extent eliminate through the Organization or directly, pollution of the Mediterranean any Contracting Party likely to be Sea Area and to draw up and affected by such emergency. implement plans for the reduction and phasing out of substances that Article 10 are toxic, persistent and liable to CONSERVATION OF bioaccumulate arising from land- BIOLOGICAL DIVERSITY based sources. These measures shall apply: The Contracting Parties shall, (a) to pollution from land-based individually or jointly, take all sources originating within the appropriate measures to protect territories of the Parties, and and preserve biological diversity, reaching the sea: rare or fragile ecosystems, as well – directly from outfalls discharging as species of wild fauna and flora 12

which are rare, depleted, threatened areas under their national or endangered and their habitats, in jurisdiction and shall participate as the area to which this Convention far as practicable in international applies. arrangements for pollution monitoring in areas beyond national Article 11 jurisdiction. POLLUTION RESULTING 3. The Contracting Parties FROM THE TRANSBOUNDARY undertake to cooperate in the MOVEMENTS OF HAZARDOUS WASTES formulation, adoption and AND THEIR DISPOSAL implementation of such annexes to this Convention as may be required The Contracting Parties shall take to prescribe common procedures all appropriate measures to prevent, and standards for pollution abate and to the fullest possible monitoring. extent eliminate pollution of the environment which can be caused Article 13 by transboundary movements and SCIENTIFIC AND disposal of hazardous wastes, TECHNOLOGICAL COOPERATION and to reduce to a minimum, and if possible eliminate, such trans- 1. The Contracting Parties undertake boundary movements. as far as possible to cooperate directly, or when appropriate Article 12 through competent regional or other MONITORING international organizations, in the fields of science and technology 1. The Contracting Parties shall and to exchange data as well as endeavour to establish, in close other scientific information for the cooperation with the international purpose of this Convention. bodies which they consider 2. The Contracting Parties undertake competent, complementary or to promote the research on, access joint programmes, including, as to and transfer of environmentally appropriate, programmes at the sound technology, including clean bilateral or multilateral levels, production technologies, and for pollution monitoring in the to cooperate in the formulation, Mediterranean Sea Area and shall establishment and implementation endeavour to establish a pollution of clean production processes. monitoring system for that Area. 3. The Contracting Parties undertake 2. For this purpose, the Contracting to cooperate in the provision Parties shall designate the of technical and other possible competent authorities responsible assistance in fields relating to for pollution monitoring within marine pollution, with priority to 13

be given to the special needs 3. The provision of paragraph 1. of developing countries in the of this Article shall not prejudice Mediterranean region. the right of Contracting Parties to refuse, in accordance with their Article 14 legal systems and applicable ENVIRONMENTAL LEGISLATION international regulations, to provide access to such information on 1. The Contracting Parties shall the ground of confidentiality, adopt legislation implementing public security or investigation the Convention and the Protocols. proceedings, stating the reasons 2. The Secretariat may, upon request for such a refusal. from a Contracting Party, assist that Party in the drafting of Article 16 environmental legislation in LIABILITY AND COMPENSATION compliance with the Convention and the Protocols. The Contracting Parties undertake to cooperate in the formulation and Article 15 adoption of appropriate rules and PUBLIC INFORMATION procedures for the determination AND PARTICIPATION of liability and compensation for damage resulting from pollution 1. The Contracting Parties shall of the marine environment in the ensure that their competent Mediterranean Sea Area. authorities shall give to the public appropriate access to information Article 17 on the environmental state in INSTITUTIONAL ARRANGEMENTS the field of application of the Convention and the Protocols, on The Contracting Parties designate activities or measures adversely the United Nations Environment affecting or likely to affect it Programme as responsible and on activities carried out or for carrying out the following measures taken in accordance secretariat functions: with the Convention and the [i] To convene and prepare the Protocols. meetings of Contracting Parties 2. The Contracting Parties shall and conferences provided for in ensure that the opportunity is articles 18, 21 and 22; given to the public to participate [ii] To transmit to the Contracting in decision-making processes Parties notifications, reports and relevant to the field of application other information received in of the Convention and the accordance with articles 3, 9 and Protocols, as appropriate. 26; 14

[iii] To receive, consider and reply to any Contracting Party, provided that enquiries and information from the such requests are supported by at Contracting Parties; least two Contracting Parties. [iv] To receive, consider and reply to 2. It shall be the function of enquiries and information from non- the meetings of the Contracting governmental organizations and the Parties to keep under review the public when they relate to subjects implementation of this Convention of common interest or to activities and the protocols and, in particular: carried out at the regional level; in [i] To review generally the inventories this case, the Contracting Parties carried out by Contracting Parties concerned shall be informed; and competent international [v] To perform the functions organizations on the state of assigned to it by the protocols to marine pollution and its effects in this Convention; the Mediterranean Sea Area; [vi] To regularly report to the [ii] To consider reports submitted by Contracting Parties on the the Contracting Parties under implementation of the Convention article 26; and of the Protocols; [iii] To adopt, review and amend [vii] To perform such other functions as required the annexes to this as may be assigned to it by the Convention and to the protocols, Contracting Parties; in accordance with the procedure [viii] To ensure the necessary established in article 23; coordination with other [iv] To make recommendations international bodies which the regarding the adoption of any Contracting Parties consider additional protocols or any competent, and in particular, to amendments to this Convention or enter into such administrative the protocols in accordance with arrangements as may be required the provisions of articles 21 and 22; for the effective discharge of the [v] To establish working groups as secretariat functions. required to consider any matters related to this Convention and the Article 18 protocols and annexes; MEETINGS OF THE [vi] To consider and undertake any CONTRACTING PARTIES additional action that may be required for the achievement 1. The Contracting Parties shall hold of the purposes of this Convention ordinary meetings once every and the protocols. two years and extraordinary [vii] To approve the Programme meetings at any other time deemed Budget. necessary, upon the request of the Organization or at the request of 15

Article 19 Article 21 BUREAU ADOPTION OF ADDITIONAL PROTOCOLS

1. The Bureau of the Contracting 1. The Contracting Parties, at a Parties shall be composed of diplomatic conference, may adopt representatives of the Contracting additional protocols to this Parties elected by the Meetings of Convention pursuant to paragraph 5 the Contracting Parties. In electing of article 4. the members of the Bureau, the 2. A diplomatic conference for Meetings of the Contracting Parties the purpose of adopting additional shall observe the principle of protocols shall be convened by the equitable geographical distribution. Organization at the request of two 2. The functions of the Bureau and thirds of the Contracting Parties. the terms and conditions upon which it shall operate shall be set in the Article 22 Rules of Procedure adopted by the AMENDMENT OF THE CONVENTION Meetings of the Contracting Parties. OR PROTOCOLS

Article 20 1. Any Contracting Party to this OBSERVERS Convention may propose amendments to the Convention. 1. The Contracting Parties may Amendments shall be adopted by a decide to admit as observers at diplomatic conference which shall their meetings and conferences: be convened by the Organization (a) any State which is not a Contracting at the request of two thirds of the Party to the Convention; Contracting Parties. (b) any international governmental 2. Any Contracting Party to this organization or any non- Convention may propose governmental organization the amendments to any protocol. Such activities of which are related to the amendments shall be adopted by a Convention. diplomatic conference which shall 2. Such observers may participate be convened by the Organization in meetings without the right at the request of two thirds of the to vote and may present any Contracting Parties to the protocol information or report relevant to the concerned. objectives of the Convention. 3. Amendments to this Convention 3. The conditions for the admission shall be adopted by a three-fourths and participation of observers majority vote of the Contracting shall be established in the Rules Parties to the Convention which of Procedure adopted by the are represented at the diplomatic Contracting Parties. conference and shall be submitted 16

by the Depositary for acceptance 2. Except as may be otherwise by all Contracting Parties to the provided in any protocol, the Convention. Amendments to any following procedure shall apply to protocol shall be adopted by a the adoption and entry into force of three-fourths majority vote of any amendments to annexes to this the Contracting Parties to such Convention or to any protocol, with protocol which are represented at the exception of amendments to the diplomatic conference and shall the annex on Arbitration: be submitted by the Depositary [i] Any Contracting Party may propose for acceptance by all Contracting amendments to the annexes to this Parties to such protocol. Convention or to any protocol at the 4. Acceptance of amendments meetings referred to in article 18; shall be notified to the Depositary [ii] Such amendments shall be in writing. Amendments adopted adopted by a three-fourths majority in accordance with paragraph 3 of vote of the Contracting Parties to this article shall enter into force the instrument in question; between Contracting Parties having [iii] The Depositary shall without delay accepted such amendments on the communicate the amendments so thirtieth day following the receipt adopted to all Contracting Parties; by the Depositary of notification [iv] Any Contracting Party that is of their acceptance by at least unable to approve an amendment three fourths of the Contracting to the annexes to this Convention Parties to this Convention or to the or to any protocol shall so notify protocol concerned, as the case in writing the Depositary within may be. a period determined by the 5. After the entry into force of an Contracting Parties concerned amendment to this Convention or when adopting the amendment; to a protocol, any new Contracting [v] The Depositary shall without delay Party to this Convention or notify all Contracting Parties of any such protocol shall become a notification received pursuant to Contracting Party to the instrument the preceding sub-paragraph; as amended. [vi] On expiry of the period referred to in sub-paragraph (iv) above, the Article 23 amendment to the annex ANNEXES AND AMENDMENTS shall become effective for all TO ANNEXES Contracting Parties to this Convention or to the protocol 1. Annexes to this Convention or to concerned which have not any protocol shall form an integral submitted a notification in part of the Convention or such accordance with the provisions of protocol, as the case may be. that sub-paragraph. 17

3. The adoption and entry into force Economic Community and any of a new annex to this Convention regional economic grouping or to any protocol shall be subject referred to in article 30 of this to the same procedure as for the Convention shall exercise their adoption and entry into force of right to vote with a number of an amendment to an annex in votes equal to the number of accordance with the provisions their member States which of paragraph 2 of this article, are Contracting Parties to this provided that, if any amendment Convention and to one or more to the Convention or the protocol protocols; the European Economic concerned is involved, the new Community and any grouping as annex shall not enter into force referred to above shall not exercise until such time as the amendment their right to vote in cases where to the Convention or the protocol the member States concerned concerned enters into force. exercise theirs, and conversely. 4. Amendments to the Annex on Arbitration shall be considered to Article 26 be amendments to this Convention REPORTS and shall be proposed and adopted in accordance with the procedures 1. The Contracting Parties shall set out in article 22 above. transmit to the Organization reports on: Article 24 (a) the legal, administrative or other RULES OF PROCEDURE measures taken by them for the AND FINANCIAL RULES implementation of this Convention, the Protocols and of the 1. The Contracting Parties shall adopt recommendations adopted by their rules of procedure for their meetings meetings; and conferences envisaged in (b) the effectiveness of the measures articles 18, 21 and 22 above. referred to in subparagraph (a) 2. The Contracting Parties shall adopt and problems encountered in the financial rules, prepared in implementation of the instruments consultation with the Organization, to as mentioned above. determine, in particular, their financial 2. The reports shall be submitted in participation in the Trust Fund. such form and at such intervals as the Meetings of Contracting Parties Article 25 may determine. SPECIAL EXERCISE OF VOTING RIGHT

Within the areas of their competence, the European 18

Article 27 ipso facto and without special COMPLIANCE CONTROL agreement, in relation to any other Party accepting the same The meetings of the Contracting obligation, the application of the Parties shall, on the basis of arbitration procedure in conformity periodical reports referred to in with the provisions of annex A. Article 26 and any other report Such declaration shall be notified in submitted by the Contracting writing to the Depositary, who shall Parties, assess the compliance communicate it to the other Parties. with the Convention and the Protocols as well as the measures Article 29 and recommendations. They shall RELATIONSHIP BETWEEN recommend, when appropriate, the THE CONVENTION AND PROTOCOLS necessary steps to bring about full compliance with the Convention 1. No one may become a Contracting and the Protocols and promote the Party to this Convention unless implementation of the decisions it becomes at the same time a and recommendations. Contracting Party to at least one of the protocols. No one may become Article 28 a Contracting Party to a protocol SETTLEMENTS OF DISPUTES unless it is, or becomes at the same time, a Contracting Party to 1. In case of a dispute between this Convention. Contracting Parties as to the 2. Any protocol to this Convention interpretation or application of this shall be binding only on the Convention or the protocols, they Contracting Parties to the protocol shall seek a settlement of the in question. dispute through negotiation or any 3. Decisions concerning any protocol other peaceful means of their own pursuant to articles 18, 22 and 23 choice. of this Convention shall be taken 2. If the Parties concerned cannot only by the Parties to the protocol settle their dispute through the concerned. means mentioned in the preceding paragraph, the dispute shall upon Article 30 common agreement be submitted SIGNATURE to arbitration under the conditions laid down in annex A to this This Convention, the Protocol for Convention. the Prevention of Pollution of the 3. Nevertheless, the Contracting Mediterranean Sea by Dumping Parties may at any time declare from Ships and Aircraft and the that they recognize as compulsory Protocol concerning cooperation 19

in Combating Pollution of the Article 32 Mediterranean Sea by Oil and ACCESSION Other Harmful Substances in Cases of Emergency shall be open 1. As from 17 February 1977, the for signature in Barcelona on 16 present Convention, the Protocol February 1976 and in Madrid from for the Prevention of Pollution of 17 February 1976 to 16 February the Mediterranean Sea by Dumping 1977 by any State invited as a from Ships and Aircraft, and the participant in the Conference of Protocol concerning Cooperation Plenipotentiaries of the Coastal in Combating Pollution of the States of the Mediterranean Mediterranean Sea by Oil and other Region on the Protection of Harmful Substances in Cases the Mediterranean Sea, held in of Emergency shall be open for Barcelona from 2 to 16 February accession by the States, by the 1976, and by any State entitled to European Economic Community sign any protocol in accordance and by any grouping as referred to with the provisions of such protocol. in article 30. They shall also be open until the 2. After the entry into force of the same date for signature by the Convention and of any protocol, European Economic Community and any State not referred to in article by any similar regional economic 30 may accede to this Convention grouping at least one member and to any protocol, subject to prior of which is a coastal State of the approval by three fourths of the Mediterranean Sea Area and which Contracting Parties to the protocol exercise competence in fields concerned. covered by this Convention, as well 3. Instruments of accession shall be as by any protocol affecting them. deposited with the Depositary.

Article 31 Article 33 RATIFICATION, ACCEPTANCE ENTRY INTO FORCE OR APPROVAL 1. This Convention shall enter into This Convention and any force on the same date as the protocol thereto shall be subject protocol first entering into force. to ratification, acceptance, 2. The Convention shall also enter or approval. Instruments of into force with regard to the States, ratification, acceptance or the European Economic Community approval shall be deposited with and any regional economic the Government of Spain, which grouping referred to in article 30 will assume the functions of if they have complied with the Depositary. formal requirements for becoming 20

Contracting Parties to any other notification of withdrawal is protocol not yet entered into force. received by the Depositary. 3. Any protocol to this Convention, 4. Any Contracting Party which except as otherwise provided in withdraws from this Convention such protocol, shall enter into shall be considered as also having force on the thirtieth day following withdrawn from any protocol to the date of deposit of at least which it was a Party. six instruments of ratification, 5. Any Contracting Party which, acceptance, or approval of, or upon its withdrawal from a accession to such protocol by the protocol, is no longer a Party to Parties referred to in article 30. any protocol to this Convention, 4. Thereafter, this Convention shall be considered as also having and any protocol shall enter into withdrawn from this Convention. force with respect to any State, the European Economic Community Article 35 and any regional economic grouping RESPONSIBILITIES OF THE DEPOSITARY referred to in article 30 on the thirtieth day following the date of deposit 1. The Depositary shall inform the of the instruments of ratification, Contracting Parties, any other Party acceptance, approval or accession. referred to in article 30, and the Organization: Article 34 [i] Of the signature of this Convention WITHDRAWAL and of any protocol thereto, and of the deposit of instruments of 1. At any time after three years from ratification, acceptance, approval the date of entry into force of this or accession in accordance with Convention, any Contracting Party articles 30, 31 and 32; may withdraw from this Convention [ii] Of the date on which the by giving written notification of Convention and any protocol will withdrawal. come into force in accordance with 2. Except as may be otherwise the provisions of article 33; provided in any protocol to this [iii] Of notifications of withdrawal Convention, any Contracting Party made in accordance with article 34; may, at any time after three years [iv] Of the amendments adopted with from the date of entry into force respect to the Convention and to of such protocol, withdraw from any protocol, their acceptance by such protocol by giving written the Contracting Parties and the notification of withdrawal. date of entry into force of those 3. Withdrawal shall take effect amendments in accordance with 90 days after the date on which the provisions of article 22; 21

[v] Of the adoption of new annexes and of the amendment of any annex in accordance with article 23; [vi] Of declarations recognizing as compulsory the application of the arbitration procedure mentioned in paragraph 3 of article 28. 2. The original of this Convention and of any protocol thereto shall be deposited with the Depositary, the Government of Spain, which shall send certified copies thereof to the Contracting Parties, to the Organization, and to the Secretary- General of the United Nations for registration and publication in accordance with Article 102 of the United Nations Charter. 22

ANNEX A Article 3

The arbitral tribunal shall consist ARBITRATION of three members: each of the Parties to the dispute shall appoint an arbitrator; the two arbitrators Article 1 so appointed shall designate by common agreement the third Unless the Parties to the dispute arbitrator who shall be the chairman otherwise agree, the arbitration of the tribunal. The latter shall not procedure shall be conducted in be a national of one of the Parties accordance with the provisions of to the dispute, nor have his usual this Annex. place of residence in the territory of one of these Parties, nor be Article 2 employed by any of them, nor have dealt with the case in any other 1. At the request addressed by capacity. one Contracting Party to another Contracting Party in accordance Article 4 with the provisions of paragraph 2 or paragraph 3 of article 28 of 1. If the chairman of the arbitral the Convention, an arbitral tribunal tribunal has not been designated shall be constituted. The request within two months of the for arbitration shall state the appointment of the second subject matter of the application arbitrator, the Secretary-General including, in particular, the articles of the United Nations shall, at the of the Convention or the protocol, request of the most diligent Party, the interpretation or application of designate him within a further two which is in dispute. months’ period. 2. The claimant party shall inform 2. If one of the Parties to the dispute the Organization that it has does not appoint an arbitrator requested the setting up of an within two months of receipt of the arbitral tribunal, stating the name request, the other Party may inform of the other Party to the dispute the Secretary-General of the United and articles of the Convention or Nations who shall designate the the protocols the interpretation or chairman of the arbitral tribunal application of which is in its opinion within a further two months’ period. in dispute. The Organization shall Upon designation, the chairman of forward the information thus the arbitral tribunal shall request received to all Contracting Parties the Party which has not appointed to the Convention. an arbitrator to do so within two 23

months. After such period, he shall 5. The absence or default of a Party inform the Secretary-General of the to the dispute shall not constitute United Nations, who shall make this an impediment to the proceedings. appointment within a further two months’ period. Article 7

Article 5 1. The award of the arbitral tribunal shall be accompanied by a 1. The arbitral tribunal shall decide statement of reasons. It shall be according to the rules of final and binding upon the Parties international law and, in particular, to the dispute. those of this Convention and the 2. Any dispute which may arise protocols concerned. between the Parties concerning 2. Any arbitral tribunal constituted the interpretation or execution of under the provisions of this Annex the award may be submitted by the shall draw up its own rules of most diligent Party to the arbitral procedure. tribunal which made the award or, if the latter cannot be seized Article 6 thereof, to another arbitral tribunal constituted for this purpose in the 1. The decisions of the arbitral same manner as the first. tribunal, both on procedure and on substance, shall be taken by Article 8 majority vote of its members. 2. The tribunal may take all The European Economic appropriate measures in order Community and any regional to establish the facts. It may, at economic grouping referred to the request of one of the Parties, in article 30 of the Convention, recommend essential interim like any Contracting Party to the measures of protection. Convention, are empowered to 3. If two or more arbitral tribunals appear as complainants or as constituted under the provisions of respondents before the arbitral this Annex are seized of requests tribunal. with identical or similar subjects, they may inform themselves of the procedures for establishing the facts and take them into account as far as possible. 4. The Parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings. 24

Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea

The Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft (the Dumping Protocol) was adopted on 16 February 1976 and entered into force on 12 February 1978.

The Protocol was amended by the Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft or Incineration at Sea, on 10 June 1995. The amended Protocol has not yet entered into force. 25

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Medi- terranean Sea against Pollution, Recognizing the danger posed to the marine environment by the dumping or incineration of wastes or other matter, Considering that the coastal States of the Mediterranean Sea have a common interest in protecting the marine environment from this danger, Bearing in mind that Chapter 17 of Agenda 21 of UNCED calls on the Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London, 1972) to take the necessary measures to end dumping in the ocean and the incineration of hazardous substances, Taking into account Resolutions LC 49(16) and LC 50(16), approved by the 16th Consultative Meeting of the 1972 London Convention, which prohibit the dumping and incineration of industrial wastes at sea, 26

Have agreed as follows: wastes or other matter from ships or aircraft; Article 1 (b) Any deliberate disposal at sea of ships or aircraft. The Contracting Parties to this (c) Any deliberate disposal or storage Protocol (hereinafter referred to and burial of wastes or other matter as “the Parties”) shall take all on the seabed or in the marine appropriate measures to prevent, subsoil from ships or aircraft. abate and eliminate to the fullest 4. “Dumping” does not include: extent possible pollution of the (a) The disposal at sea of wastes or Mediterranean Sea caused by other matter incidental to, or dumping from ships and aircraft or derived from, the normal operations incineration at sea. of vessels or aircraft and their equipment, other than wastes or Article 2 other matter transported by or to vessels or aircraft, operating for the The area to which this Protocol purpose of disposal of such matter, applies shall be the Mediterranean or derived from the treatment of Sea Area as defined in Article 1 of such wastes or other matter on the Convention for the Protection such vessels or aircraft; of the Marine Environment (b) Placement of matter for a purpose and the Coastal Region of the other than the mere disposal Mediterranean (hereinafter referred thereof, provided that such to as “the Convention”). placement is not contrary to the aims of this Protocol. Article 3 5. “Incineration at sea” means the For the purposes of this Protocol: deliberate combustion of wastes or other matter in the maritime 1. “Ships and aircraft” means waters of the Mediterranean Sea, waterborne or airborne craft of any with the aim of thermal destruction type whatsoever. This expression and does not include activities includes air-cushioned craft incidental to the normal operations and floating craft, whether self- of ships or aircraft. propelled or not, and platforms and 6. “Organization” means the body other man-made structures at sea referred to in article 17 of the and their equipment. Convention. 2. “Wastes or other matter” means material and substances of any Article 4 kind, form or description. 3. “Dumping” means: 1. The dumping of wastes or other (a) Any deliberate disposal at sea of matter, with the exception of those 27

listed in paragraph 2 of this Article, relevant procedures adopted by the is prohibited. meeting of the Contracting Parties 2. The following is the list referred to pursuant to paragraph 2 below: in the preceding paragraph: 2. The Contracting Parties shall draw (a) dredged material; up and adopt criteria, guidelines (b) fish waste or organic materials and procedures for the dumping resulting from the processing of of wastes or other matter listed in fish and other marine organisms; Article 4. 2 so as to prevent, abate (c) vessels, until 31 December 2000; and eliminate pollution. (d) platforms and other man-made structures at sea, provided that Article 7 material capable of creating floating debris or otherwise Incineration at sea is prohibited. contributing to pollution of the marine environment has Article 8 been removed to the maximum extent, without prejudice to The provisions of articles 4, 5 and the provisions of the Protocol 6 shall not apply in case of force concerning Pollution Resulting from majeure due to stress of weather or Exploration and Exploitation of the any other cause when human life Continental Shelf, the Seabed and or the safety of a ship or aircraft is its Subsoil; threatened. Such dumpings shall (e) inert uncontaminated geological immediately be reported to the materials the chemical constituents Organization and, either through of which are unlikely to be released the Organization or directly, to into the marine environment. any Party or Parties likely to be affected, together with full details Article 5 of the circumstances and of the nature and quantities of the wastes The dumping of the wastes or other or other matter dumped. matter listed in Article 4. 2 requires a prior special permit from the Article 9 competent national authorities. If a Party in a critical situation of an Article 6 exceptional nature considers that wastes or other matter not listed in 1. The permit referred to in Article Article 4. 2 of this Protocol cannot 5 shall be issued only after careful be disposed of on land without consideration of the factors set unacceptable danger or damage, forth in the Annex to this Protocol above all for the safety of human or the criteria, guidelines and life, the Party concerned shall 28

forthwith consult the Organization. (a) Ships and aircraft registered in its The Organization, after consulting territory or flying its flag; the Parties to this Protocol, shall (b) Ships and aircraft loading in its recommend methods of storage territory wastes or other matter or the most satisfactory means which are to be dumped; Ships and of destruction or disposal under aircraft believed to be engaged the prevailing circumstances. The in dumping in areas under its Party shall inform the Organization jurisdiction in this matter. of the steps adopted in pursuance of these recommendations. The Article 12 Parties pledge themselves to assist one another in such situations. Each Party undertakes to issue instructions to its maritime Article 10 inspection ships and aircraft and to other appropriate services to report 1. Each Party shall designate one or to its authorities any incidents or more competent authorities to: conditions in the Mediterranean Sea (a) Issue the permits provided for in Area which give rise to suspicions Article 5; that dumping in contravention of (b) Keep records of the nature and the provisions of this Protocol quantities of the wastes or other has occurred or is about to occur. matter permitted to be dumped and That Party shall, if it considers it of the location, date and method of appropriate, report accordingly to dumping. any other Party concerned. 2. The competent authorities of each Party shall issue the permits Article 13 provided for in Article 5 in respect of the wastes or other matter Nothing in this Protocol shall affect intended for dumping: the right of each Party to adopt (a) Loaded in its territory; other measures, in accordance (b) Loaded by a ship or aircraft with international law, to prevent registered in its territory or flying its pollution due to dumping. flag, when the loading occurs in the territory of a State not Party to this Article 14 Protocol. 1. Ordinary meetings of the Parties Article 11 to this Protocol shall be held in conjunction with ordinary meetings Each Party shall apply the of the Contracting Parties to measures required to implement the Convention held pursuant to this Protocol to all: article 18 of the Convention. The 29

Parties to this Protocol may also hold extraordinary meetings in conformity with article 18 of the Convention. 2. It shall be the function of the meetings of the Parties to this Protocol: (a) To keep under review the implementation of this Protocol, and to consider the efficacy of the measures adopted and the need for any other measures, in particular in the form of annexes; (b) To study and consider the records of the permits issued in accordance with articles 5, 6 and 7 and of the dumping which has taken place; (c) To review and amend as required any annex to this Protocol; (d) To discharge such other functions as may be appropriate for the implementation of this Protocol. 3. The adoption of amendments to the Annex to this Protocol pursuant to Article 23 of the Convention shall require a three-fourths majority vote of the Parties.

Article 15

1. The provisions of the Convention relating to any protocol shall apply with respect to the present Protocol. 2. The rules or procedure and the financial rules adopted pursuant to article 24 of the Convention shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise. 30

ANNEX B. CHARACTERISTICS OF DUMPING SITE AND METHOD OF DEPOSIT

The factors to be considered in 1. Location (e.g. coordinates of the establishing criteria governing the dumping area, depth and distance issue of permits for the dumping of from the coast), location in relation matter at sea taking into account to other areas (e.g. amenity areas, Article 6 include: spawning, nursery and fishing areas and exploitable resources). A. CHARACTERISTICS AND 2. Rate of disposal per specific period COMPOSITION OF THE MATTER (e.g. quantity per day, per week, per month). 1. Total amount and average 3. Methods of packaging and compositions of matter dumped containment, if any. (e.g. per year). 4. Initial dilution achieved by proposed 2. Form (e.g. solid, sludge, liquid method of release, particularly the or gaseous). speed of the ship. 3. Properties: physical (e.g. solubility 5. Dispersal characteristics (e.g. and density), chemical and effects of currents, tides and wind biochemical (e.g. oxygen demand, on horizontal transport and vertical nutrients) and biological mixing). (e.g. presence of viruses, bacteria, 6. Water characteristics yeasts, parasites). (e.g. temperature, pH, salinity, 4. Toxicity. stratification, oxygen indices of 5. Persistence: physical, chemical pollution-dissolved oxygen (DO), and biological. chemical oxygen demand (COD), 6. Accumulation and biochemical oxygen demand (BOD), biotransformation in biological nitrogen present in organic and materials or sediments. mineral form, including ammonia, 7. Susceptibility to physical, suspended matter, other nutrients chemical and biochemical changes and productivity). and interaction in the aquatic 7. Bottom characteristics (e.g. environment with other dissolved topography, geochemical and organic and inorganic materials. geological characteristics and 8. Probability of production of biological productivity). taints or other changes reducing 8. Existence and effects of other marketability of resources dumpings which have been made in (fish, shellfish, etc.). the dumping area (e.g. heavy metal background reading and organic carbon content). 31

9. When issuing a permit for dumping, the Contracting Parties shall endeavour to determine whether an adequate scientific basis exists for assessing the consequences of such dumping in the area concerned, in accordance with the foregoing provisions and taking into account seasonal variations.

C. GENERAL CONSIDERATIONS AND CONDITIONS

1. Possible effects on amenities (e.g. presence of floating or stranded material, turbidity, objectionable odour, discolouration and foaming). 2. Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, sea-weed harvesting and culture. 3. Possible effects on other uses of the sea (e.g. impairment of water quality for industrial use, underwater corrosion of structures, interference with ship operations from floating materials, interference with fishing or navigation through deposit of waste or solid objects on the sea floor and protection of areas of special importance for scientific or conservation purposes). 4. The practical availability of alternative land-based methods of treatment, disposal or elimination or of treatment to render the matter less harmful for sea dumping.

Protocol Concerning Cooperation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea

The Protocol Concerning Cooperation in Preventing Pollution from Ships and, in Cases of Emergency, combating Pollution of the Mediterranean Sea (Prevention and Emergency Protocol) was adopted on 25 January 2002. The Protocol entered into force on 17 March 2004, replacing the Protocol Concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and other Harmful Substances in Cases of Emergency, adopted on 16 February 1976 in the relations among the Parties to both instruments. 33

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Mediterrane- an Sea against Pollution, adopted at Barcelona on 16 February 1976 and amended on 10 June 1995, Desirous of implementing Articles 6 and 9 of the said Convention, Recognizing that grave pollution of the sea by oil and hazardous and noxious substances or a threat thereof in the Mediterranean Sea Area involves a danger for the coastal States and the marine environment, Considering that the cooperation of all the coastal States of the Medi- terranean Sea is called for to prevent pollution from ships and to respond to pollution incidents, irrespective of their origin, Acknowledging the role of the International Maritime Organization and the importance of cooperating within the framework of this Organ- ization, in particular in promoting the adoption and the development of international rules and standards to prevent, reduce and control pollution of the marine environment from ships, Emphasizing the efforts made by the Mediterranean coastal States for the implementation of these international rules and standards, Acknowledging also the contribution of the European Community to the implementation of international standards as regards maritime safety and the prevention of pollution from ships, Recognizing also the importance of cooperation in the Mediterranean Sea Area in promoting the effective implementation of international regulations to prevent, reduce and control pollution of the marine environment from ships, Recognizing further the importance of prompt and effective action at the national, subregional and regional levels in taking emergency measures to deal with pollution of the marine environment or a threat thereof, Applying the precautionary principle, the polluter pays principle and the method of environmental impact assessment, and utilizing the best available techniques and the best environmental practices, as provided for in Article 4 of the Convention, Bearing in mind the relevant provisions of the United Nations Conven- tion on the Law of the Sea, done at Montego Bay on 10 December 1982, which is in force and to which many Mediterranean coastal States and the European Community are Parties, Taking into account the international conventions dealing in particular with maritime safety, the prevention of pollution from ships, preparedness for and response to pollution incidents, and liability and compensation for pollution damage, Wishing to further develop mutual assistance and cooperation in preventing and combating pollution 34

Have agreed as follows: the area in question, including water sports and recreation; Article 1 [iii] the health of the coastal population; DEFINITIONS [iv] the cultural, aesthetic, scientific and educational value of the area; For the purpose of this Protocol: [v] the conservation of biological (a) “Convention” means the diversity and the sustainable use Convention for the Protection of of marine and coastal biological the Mediterranean Sea against resources; Pollution, adopted at Barcelona on (e) “International regulations” means 16 February 1976 and amended on regulations aimed at preventing, 10 June 1995; reducing and controlling pollution (b) “Pollution incident” means an of the marine environment from occurrence or series of ships as adopted, at the global level occurrences having the same and in conformity with international origin, which results or may law, under the aegis of United result in a discharge of oil and/or Nations specialized agencies, and hazardous and noxious substances in particular of the International and which poses or may pose a Maritime Organization; threat to the marine environment, or (f) “Regional Centre” means the to the coastline or related interests “Regional Marine Pollution of one or more States, and which Emergency Response Centre for requires emergency action or other the Mediterranean Sea” (REMPEC), immediate response; established by Resolution 7 (c) “Hazardous and noxious adopted by the Conference of substances” means any substance Plenipotentiaries of the Coastal other than oil which, if introduced States of the Mediterranean into the marine environment, is Region on the Protection of the likely to create hazards to human Mediterranean Sea at Barcelona health, to harm living resources and on 9 February 1976, which is marine life, to damage amenities administered by the International or to interfere with other legitimate Maritime Organization and the uses of the sea; United Nations Environment (d) “Related interests” means the Programme, and the objectives interests of a coastal State and functions of which are defined directly affected or threatened and by the Contracting Parties to the concerning, among others: Convention. [i] maritime activities in coastal areas, in ports or estuaries, including Article 2 fishing activities; PROTOCOL AREA [ii] the historical and tourist appeal of 35

The area to which the Protocol particular, equipment, ships, applies shall be the Mediterranean aircraft and personnel prepared Sea Area as defined in Article 1 of for operations in cases of the Convention. emergency, the enactment, as appropriate, of relevant legislation, Article 3 the development or strengthening GENERAL PROVISIONS of the capability to respond to a pollution incident and the 1. The Parties shall cooperate: designation of a national authority (a) to implement international or authorities responsible for the regulations to prevent, reduce and implementation of this Protocol. control pollution of the marine 2. The Parties shall also take environment from ships; and measures in conformity with (b) to take all necessary measures in international law to prevent the cases of pollution incidents. pollution of the Mediterranean Sea 2. In cooperating, the Parties should Area from ships in order to ensure take into account as appropriate the effective implementation in that the participation of local authorities, Area of the relevant international non-governmental organizations conventions in their capacity and socio-economic actors. as flag State, port State and 3. Each Party shall apply this Protocol coastal State, and their applicable without prejudice to the sovereignty legislation. They shall develop or the jurisdiction of other Parties their national capacity as regards or other States. Any measures the implementation of those taken by a Party to apply this international conventions and Protocol shall be in accordance may cooperate for their effective with international law. implementation through bilateral or multilateral agreements. Article 4 3. The Parties shall inform the CONTINGENCY PLANS AND Regional Centre every two years OTHER MEANS OF PREVENTING AND of the measures taken for the COMBATING POLLUTION INCIDENTS implementation of this Article. The Regional Centre shall present a 1. The Parties shall endeavour report to the Parties on the basis of to maintain and promote, either the information received. individually or through bilateral or multilateral cooperation, Article 5 contingency plans and other MONITORING means of preventing and combating pollution incidents. The Parties shall develop and These means shall include, in apply, either individually or through 36

bilateral or multilateral cooperation, and for dealing with matters monitoring activities covering the concerning measures of assistance Mediterranean Sea Area in order between Parties; to prevent, detect and combat (c) the national authorities entitled to pollution, and to ensure compliance act on behalf of the State in regard with the applicable international to measures of mutual assistance regulations. and cooperation between Parties; (d) the national organization or Article 6 authorities responsible for the COOPERATION IN RECOVERY implementation of paragraph 2 OPERATIONS of Article 4, in particular those responsible for the implementation In case of release or loss of the international conventions overboard of hazardous and concerned and other relevant noxious substances in packaged applicable regulations, those form, including those in freight responsible for port reception containers, portable tanks, road facilities and those responsible for and rail vehicles and shipborne the monitoring of discharges which barges, the Parties shall cooperate are illegal under MARPOL 73/78; as far as practicable in the salvage (e) its regulations and other matters of these packages and the recovery which have a direct bearing on of such substances so as to preparedness for and response prevent or reduce the danger to the to pollution of the sea by oil and marine and coastal environment. hazardous and noxious substances; (f) new ways in which pollution of the Article 7 sea by oil and hazardous and DISSEMINATION AND EXCHANGE OF noxious substances may be avoided, INFORMATION new measures for combating pollution, new developments in the 1. Each Party undertakes to technology of conducting monitoring disseminate to the other Parties and the development of research information concerning: programmes. (a) the competent national organization 2. The Parties which have agreed to or authorities responsible for exchange information directly shall combating pollution of the sea communicate such information to by oil and hazardous and noxious the Regional Centre. The latter shall substances; communicate this information to (b) the competent national authorities the other Parties and, on a basis of responsible for receiving reports reciprocity, to coastal States of the of pollution of the sea by oil and Mediterranean Sea Area which are hazardous and noxious substances not Parties to this Protocol. 37

3. Parties concluding bilateral or the applicable provisions of the multilateral agreements within relevant international agreements, the framework of this Protocol to the nearest coastal State and to shall inform the Regional Centre this Party: of such agreements, which shall (a) all incidents which result or communicate them to the other may result in a discharge of Parties. oil or hazardous and noxious substances; Article 8 (b) the presence, characteristics and COMMUNICATION OF INFORMATION extent of spillages of oil or AND REPORTS CONCERNING hazardous and noxious substances, POLLUTION INCIDENTS including hazardous and noxious substances in packaged form, The Parties undertake to observed at sea which pose or are coordinate the utilization of the likely to pose a threat to the marine means of communication at their environment or to the coast or disposal in order to ensure, with related interests of one or more of the necessary speed and reliability, the Parties. the reception, transmission and 2. Without prejudice to the provisions dissemination of all reports and of Article 20 of the Protocol, urgent information concerning each Party shall take appropriate pollution incidents. The Regional measures with a view to ensuring Centre shall have the necessary that the master of every ship sailing means of communication to enable in its territorial waters complies it to participate in this coordinated with the obligations under (a) and effort and, in particular, to fulfil (b) of paragraph 1 and may request the functions assigned to it by assistance from the Regional Centre paragraph 2 of Article 12. in this respect. It shall inform the International Maritime Organization Article 9 of the measures taken. REPORTING PROCEDURE 3. Each Party shall also issue instructions to persons having 1. Each Party shall issue instructions charge of sea ports or handling to masters or other persons having facilities under its jurisdiction to charge of ships flying its flag and report to it, in accordance with to the pilots of aircraft registered applicable laws, all incidents which in its territory to report by the result or may result in a discharge most rapid and adequate channels of oil or hazardous and noxious in the circumstances, following substances. reporting procedures to the extent 4. In accordance with the relevant required by, and in accordance with, provisions of the Protocol for the 38

Protection of the Mediterranean 8. The Parties shall use a mutually Sea against Pollution Resulting agreed standard form proposed from Exploration and Exploitation by the Regional Centre for the of the Continental Shelf and the reporting of pollution incidents as Seabed and its Subsoil, each Party required under paragraphs 6 and 7 shall issue instructions to persons of this Article. having charge of offshore units 9. In consequence of the application under its jurisdiction to report to of the provisions of paragraph 7, it by the most rapid and adequate the Parties are not bound by the channels in the circumstances, obligation laid down in Article 9, following reporting procedures it paragraph 2, of the Convention. has prescribed, all incidents which result or may result in a discharge Article 10 of oil or hazardous and noxious OPERATIONAL MEASURES substances. 5. In paragraphs 1, 3 and 4 of this 1. Any Party faced with a pollution Article, the term “incident” means incident shall: an incident meeting the conditions (a) make the necessary assessments described therein, whether or not it of the nature, extent and possible is a pollution incident. consequences of the pollution 6. The information collected in incident or, as the case may be, accordance with paragraphs 1, 3 the type and approximate quantity and 4 shall be communicated to of oil or hazardous and noxious the Regional Centre in the case of a substances and the direction and pollution incident. speed of drift of the spillage; 7. The information collected in (b) take every practicable measure accordance with paragraphs 1, to prevent, reduce and, to the fullest 3 and 4 shall be immediately possible extent, eliminate the communicated to the other Parties effects of the pollution incident; likely to be affected by a pollution (c) immediately inform all Parties likely incident: to be affected by the pollution (a) by the Party which has received incident of these assessments and the information, preferably directly of any action which it has taken or or through the Regional Centre; or intends to take, and simultaneously (b) by the Regional Centre. provide the same information to In case of direct communication the Regional Centre, which shall between Parties, these shall communicate it to all other Parties; inform the Regional Centre of the (d) continue to observe the situation measures taken, and the Centre for as long as possible and report shall communicate them to the thereon in accordance with Article other Parties. 9. 39

2. Where action is taken to combat in its territorial waters complies pollution originating from a ship, all with the obligation under paragraph possible measures shall be taken 2 and may request assistance from to safeguard: the Regional Centre in this respect. (a) human lives; It shall inform the International (b) the ship itself; in doing so, damage Maritime Organization of the to the environment in general shall measures taken. be prevented or minimized. 4. Each Party shall require that Any Party which takes such action authorities or operators in shall inform the International charge of sea ports and handling Maritime Organization either directly facilities under its jurisdiction or through the Regional Centre. as it deems appropriate have pollution emergency plans or Article 11 similar arrangements that are EMERGENCY MEASURES ON BOARD coordinated with the national SHIPS, ON OFFSHORE INSTALLATIONS system established in accordance AND IN PORTS with Article 4 and approved in accordance with procedures 1. Each Party shall take the necessary established by the competent steps to ensure that ships flying national authority. its flag have on board a pollution 5. Each Party shall require operators in emergency plan as required by, and charge of offshore installations in accordance with, the relevant under its jurisdiction to have international regulations. a contingency plan to combat 2. Each Party shall require masters any pollution incident, which is of ships flying its flag, in case coordinated with the national of a pollution incident, to follow system established in accordance the procedures described in the with Article 4 and in accordance shipboard emergency plan and in with the procedures established by particular to provide the proper the competent national authority. authorities, at their request, with such detailed information about Article 12 the ship and its cargo as is relevant ASSISTANCE to actions taken in pursuance of Article 9, and to cooperate with 1. Any Party requiring assistance these authorities. to deal with a pollution incident 3. Without prejudice to the provisions may call for assistance from other of Article 20 of the Protocol, Parties, either directly or through each Party shall take appropriate the Regional Centre, starting with measures with a view to ensuring the Parties which appear likely that the master of every ship sailing to be affected by the pollution. 40

This assistance may comprise, in the financial arrangements particular, expert advice and the governing actions of Parties to supply to or placing at the disposal deal with pollution incidents has of the Party concerned of the been concluded on a bilateral required specialized personnel, or multilateral basis prior to the products, equipment and nautical pollution incident, Parties shall facilities. Parties so requested shall bear the costs of their respective use their best endeavours to render action in dealing with pollution in this assistance. accordance with paragraph 2. 2. Where the Parties engaged in an 2. (a) If the action was taken by operation to combat pollution one Party at the express request of cannot agree on the organization of another Party, the requesting Party the operation, the Regional Centre shall reimburse to the assisting may, with the approval of all the Party the costs of its action. If the Parties involved, coordinate the request is cancelled, the requesting activity of the facilities put into Party shall bear the costs already operation by these Parties. incurred or committed by the 3. In accordance with applicable assisting Party; international agreements, each (b) if the action was taken by a Party on Party shall take the necessary legal its own initiative, that Party shall and administrative measures to bear the cost of its action; facilitate: (c) the principles laid down in (a) the arrival and utilization in and subparagraphs (a) and (b) above departure from its territory of shall apply unless the Parties ships, aircraft and other modes of concerned otherwise agree in any transport engaged in responding to individual case. a pollution incident or transporting 3. Unless otherwise agreed, the costs personnel, cargoes, materials and of the action taken by a Party at equipment required to deal with the request of another Party shall such an incident; and be fairly calculated according to (b) the expeditious movement into, the law and current practice of through and out of its territory of the assisting Party concerning the the personnel, cargoes, materials reimbursement of such costs. and equipment referred to in 4. The Party requesting assistance subparagraph (a). and the assisting Party shall, where appropriate, cooperate in concluding Article 13 any action in response to a REIMBURSEMENT OF COSTS compensation claim. To that end, OF ASSISTANCE they shall give due consideration to existing legal regimes. Where 1. Unless an agreement concerning the action thus concluded does 41

not permit full compensation for 2. The Parties shall also ensure the expenses incurred in the assistance provision of adequate reception operation, the Party requesting facilities for pleasure craft. assistance may ask the assisting 3. The Parties shall take all the Party to waive reimbursement of necessary steps to ensure that the expenses exceeding the sums reception facilities operate compensated or to reduce the efficiently to limit any impact of costs which have been calculated their discharges to the marine in accordance with paragraph 3. It environment. may also request a postponement 4. The Parties shall take the necessary of the reimbursement of such steps to provide ships using their costs. In considering such a ports with updated information request, assisting Parties shall give relevant to the obligations arising due consideration to the needs of from MARPOL 73/78 and from their developing countries. legislation applicable in this field. 5. The provisions of this Article shall not be interpreted as in Article 15 any way prejudicing the rights of ENVIRONMENTAL RISKS Parties to recover from third parties OF MARITIME TRAFFIC the costs of actions taken to deal with pollution incidents under other In conformity with generally applicable provisions and rules accepted international rules of national and international law and standards and the global applicable to one or to the other mandate of the International Party involved in the assistance. Maritime Organization, the Parties shall individually, bilaterally or Article 14 multilaterally take the necessary PORT RECEPTION FACILITIES steps to assess the environmental risks of the recognized routes used 1. The Parties shall individually, in maritime traffic and shall take bilaterally or multilaterally take all the appropriate measures aimed at necessary steps to ensure that reducing the risks of accidents or reception facilities meeting the the environmental consequences needs of ships are available in their thereof. ports and terminals. They shall ensure that these facilities are used Article 16 efficiently without causing undue RECEPTION OF SHIPS IN DISTRESS delay to ships. The Parties are IN PORTS AND PLACES OF REFUGE invited to explore ways and means to charge reasonable costs for the The Parties shall define national, use of these facilities. subregional or regional strategies 42

concerning reception in places of implementation of this Protocol, refuge, including ports, of ships and particularly of its Articles 4, 7 in distress presenting a threat and 16; to the marine environment. They (b) to formulate and adopt strategies, shall cooperate to this end and action plans and programmes for inform the Regional Centre of the the implementation of this Protocol; measures they have adopted. (c) to keep under review and consider the efficacy of these strategies, Article 17 action plans and programmes, SUBREGIONAL AGREEMENTS and the need to adopt any new strategies, action plans and The Parties may negotiate, programmes and to develop develop and maintain appropriate measures to that effect; bilateral or multilateral subregional (d) to discharge such other functions agreements in order to facilitate the as may be appropriate for the implementation of this Protocol, implementation of this Protocol. or part of it. Upon request of the interested Parties, the Regional Article 19 Centre shall assist them, within RELATIONSHIP WITH THE CONVENTION the framework of its functions, in the process of developing and 1. The provisions of the Convention implementing these subregional relating to any protocol shall agreements. apply with respect to the present Protocol. Article 18 2. The rules of procedure and the MEETINGS financial rules adopted pursuant to Article 24 of the Convention shall 1. Ordinary meetings of the Parties apply with respect to this Protocol, to this Protocol shall be held in unless the Parties agree otherwise. conjunction with ordinary meetings of the Contracting Parties to the Convention, held pursuant to Article 18 of the Convention. The Parties to this Protocol may also hold extraordinary meetings as provided in Article 18 of the Convention. 2. It shall be the function of the meetings of the Parties to this Protocol, in particular: (a) to examine and discuss reports from the Regional Centre on the 43

FINAL PROVISIONS The instruments of ratification, acceptance or approval shall be deposited with the Government Article 20 of Spain, which will assume the EFFECT OF THE PROTOCOL functions of Depositary. ON DOMESTIC LEGISLATION Article 24 In implementing the provisions of ACCESSION this Protocol, the right of Parties to adopt relevant stricter domestic As from 26 January 2003, measures or other measures in this Protocol shall be open for conformity with international law, accession by any Party to the in the matters covered by this Convention. Protocol, shall not be affected. Article 25 Article 21 ENTRY INTO FORCE RELATIONS WITH THIRD PARTIES 1. This Protocol shall enter into The Parties shall, where force on the thirtieth day following appropriate, invite States that are the deposit of the sixth instrument not Parties to the Protocol and of ratification, acceptance, approval international organizations to or accession. cooperate in the implementation of 2. From the date of its entry into the Protocol. force, this Protocol shall replace the Protocol concerning Article 22 Cooperation in Combating Pollution SIGNATURE of the Mediterranean Sea by Oil and other Harmful Substances in This Protocol shall be open for Cases of Emergency of 1976 in the signature at Valletta, Malta, on 25 relations between the Parties to January 2002 and in Madrid from both instruments. 26 January 2002 to 25 January 2003 by any Contracting Party to the Convention.

Article 23 RATIFICATION, ACCEPTANCE OR APPROVAL

This Protocol shall be subject to ratification, acceptance or approval. 44

Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities

The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (LBS Protocol) was adopted on 17 May 1980 and entered into force on 17 June 1983.

The Protocol was amended by the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities on 7 March 1996. The amended Protocol entered into force on 11 May 2006. 45

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Medi- terranean Sea against Pollution, adopted at Barcelona on 16 February 1976 and amended on 10 June 1995, Desirous of implementing article 4, paragraph 5, and articles 8 and 21 of the said Convention, Noting the increasing environmental pressures resulting from human activities in the Mediterranean Sea Area, particularly in the fields of industrialization and urbanization, as well as the seasonal increase in the coastal population due to tourism, Recognizing the danger posed to the marine environment, living resources and human health by pollution from land-based sources and activities and the serious problems resulting therefrom in many coastal waters and river estuaries of the Mediterranean Sea, primarily due to the release of untreated, insufficiently treated or inad- equately disposed of domestic or industrial discharges containing substances that are toxic, persistent and liable to bioaccumulate, Applying the precautionary principle and the polluter pays principle, undertaking environmental impact assessment and utilizing the best available techniques and the best environmental practice, including clean production technologies, as provided for in article 4 of the Convention, Recognizing the difference in levels of development between the coastal States, and taking account of the economic and social imperatives of the developing countries, Determined to take, in close cooperation, the necessary measures to protect the Mediterranean Sea against pollution from land- based sources and activities, Taking into consideration the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activi- ties, adopted in Washington, D. C. , on 3 November 1995, 46

Have agreed as follows: (d) The “Hydrologic Basin” means the entire watershed area within Article 1 the territories of the Contracting GENERAL PROVISION Parties, draining into the Mediterranean Sea Area as defined The Contracting Parties to this in article 1 of the Convention. Protocol (hereinafter referred to as “the Parties”) shall take all Article 3 appropriate measures to prevent, PROTOCOL AREA abate, combat and eliminate to the fullest possible extent The area to which this Protocol pollution of the Mediterranean Sea applies (hereinafter referred to as Area caused by discharges from the “Protocol Area”) shall be: rivers, coastal establishments or (a) The Mediterranean Sea Area as outfalls, or emanating from any defined in article 1 of the other land-based sources and Convention; activities within their territories, (b) The hydrologic basin of the giving priority to the phasing out Mediterranean Sea Area; of inputs of substances that are (c) Waters on the landward side of toxic, persistent and liable to the baselines from which the bioaccumulate. breadth of the territorial sea is measured and extending, in the Article 2 case of watercourses, up to the DEFINITIONS freshwater limit; (d) Brackish waters, coastal salt For the purposes of this Protocol: waters including marshes and (a) “The Convention” means the coastal lagoons, and ground Convention for the Protection of waters communicating with the the Mediterranean Sea against Mediterranean Sea. Pollution, adopted at Barcelona on 16 February 1976 and amended on Article 4 10 June 1995; PROTOCOL APPLICATION (b) “Organization” means the body referred to in article 17 of the 1. This Protocol shall apply: Convention; (a) To discharges originating from (c) “Freshwater limit” means the place land-based point and diffuse in watercourses where, at low tides sources and activities within the and in a period of low freshwater territories of the Contracting Parties flow, there is an appreciable that may affect directly or indirectly increase in salinity due to the the Mediterranean Sea Area. These presence of sea-water; discharges shall include those 47

which reach the Mediterranean 2. To this end, they shall elaborate Area, as defined in article (a)3 , (c) and implement, individually or and (d) of this Protocol, through jointly, as appropriate, national coastal disposals, rivers, outfalls, and regional action plans canals, or other watercourses, and programmes, containing including ground water flow, or measures and timetables for their through run-off and disposal under implementation. the seabed with access from land; 3. The priorities and timetables (b) To inputs of polluting substances for implementing the action plans, transported by the atmosphere to the programmes and measures shall Mediterranean Sea Area from land- be adopted by the Parties taking based sources or activities within the into account the elements set out territories of the Contracting Parties in annex I and shall be periodically under the conditions defined in reviewed. annex III to this Protocol. 4. When adopting action plans, 2. This Protocol shall also apply programmes and measures, the to polluting discharges from fixed Parties shall take into account, man-made offshore structures either individually or jointly, the which are under the jurisdiction of best available techniques and a Party and which serve purposes the best environmental practice other than exploration and including, where appropriate, clean exploitation of mineral resources of production technologies, taking the continental shelf and the sea- into account the criteria set forth in bed and its subsoil. annex IV. 3. The Parties shall invite States 5. The Parties shall take preventive that are not parties to the Protocol measures to reduce to the and have in their territories parts minimum the risk of pollution of the hydrologic basin of the caused by accidents. Mediterranean Area to cooperate in the implementation of the Protocol. Article 6 AUTHORIZATION OR REGULATION Article 5 SYSTEM GENERAL OBLIGATIONS 1. Point source discharges into 1. The Parties undertake to eliminate the Protocol Area, and releases pollution deriving from land- into water or air that reach and based sources and activities, in may affect the Mediterranean particular to phase out inputs Area, as defined in article (a)3 , (c) of the substances that are and (d) of this Protocol, shall be toxic, persistent and liable to strictly subject to authorization bioaccumulate listed in annex I. or regulation by the competent 48

authorities of the Parties, taking necessitating separate treatment; due account of the provisions of (c) The quality of sea-water used for this Protocol and annex II thereto, specific purposes that is necessary as well as the relevant decisions or for the protection of human health, recommendations of the meetings living resources and ecosystems; of the Contracting Parties. (d) The control and progressive 2. To this end, the Parties shall replacement of products, provide for systems of inspection installations and industrial and by their competent authorities other processes causing significant to assess compliance with pollution of the marine environment; authorizations and regulations. (e) Specific requirements concerning 3. The Parties may be assisted by the quantities of the substances the Organization, upon request, in discharged (listed in annex I), their establishing new, or strengthening concentration in effluents and existing, competent structures methods of discharging them. for inspection of compliance with 2. Without prejudice to the provisions authorizations and regulations. of article 5 of this Protocol, such Such assistance shall include common guidelines, standards special training of personnel. or criteria shall take into account 4. The Parties establish appropriate local ecological, geographical sanctions in case of non- and physical characteristics, the compliance with the authorizations economic capacity of the Parties and regulations and ensure their and their need for development, application. the level of existing pollution and the real absorptive capacity of the Article 7 marine environment. COMMON GUIDELINES, 3. The action plans, programmes STANDARDS AND CRITERIA and measures referred to in articles 5 and 15 of this Protocol shall be 1. The Parties shall progressively adopted by taking into account, for formulate and adopt, in cooperation their progressive implementation, with the competent international the capacity to adapt and reconvert organizations, common guidelines existing installations, the economic and, as appropriate, standards or capacity of the Parties and their criteria dealing in particular with: need for development. (a) The length, depth and position of pipelines for coastal outfalls, taking Article 8 into account, in particular, the MONITORING methods used for pretreatment of effluents; Within the framework of the (b) Special requirements for effluents provisions of, and the monitoring 49

programmes provided for in (a) Exchange scientific and technical article 12 of the Convention, information; and if necessary in cooperation (b) Coordinate their research with the competent international programmes; organizations, the Parties shall (c) Promote access to, and transfer carry out at the earliest possible of, environmentally sound date monitoring activities and make technology including clean access to the public of the findings production technology. in order: (a) Systematically to assess, as far as Article 10 possible, the levels of pollution TECHNICAL ASSISTANCE along their coasts, in particular with regard to the sectors of activity and 1. The Parties shall, directly or with categories of substances listed in the assistance of competent annex I, and periodically to provide regional or other international information in this respect; organizations, bilaterally or (b) To evaluate the effectiveness multilaterally, cooperate with of action plans, programmes and a view to formulating and, as measures implemented under this far as possible, implementing Protocol to eliminate to the fullest programmes of assistance to possible extent pollution of the developing countries, particularly marine environment. in the fields of science, education and technology, with a view Article 9 to preventing, reducing or, as SCIENTIFIC AND TECHNICAL appropriate, phasing out inputs of COOPERATION pollutants from land-based sources and activities and their harmful In conformity with article 13 effects in the marine environment. of the Convention, the Parties 2. Technical assistance would shall cooperate in scientific and include, in particular, the training of technological fields related to scientific and technical personnel, pollution from land-based sources as well as the acquisition, and activities, particularly research utilization and production by on inputs, pathways and effects of those countries of appropriate pollutants and on the development equipment and, as appropriate, of new methods for their treatment, clean production technologies, on reduction or elimination, as well advantageous terms to be agreed as the development of clean upon among the Parties concerned. production processes to this effect. To this end, the Parties shall, in Article 11 particular, endeavour to: TRANSBOUNDARY POLLUTION 50

1. If discharges from a watercourse Article 13 which flows through the territories REPORTS of two or more Parties or forms a boundary between them are likely 1. The Parties shall submit reports to cause pollution of the marine every two years, unless decided environment of the Protocol Area, otherwise by the Meeting of the the Parties in question, respecting Contracting Parties, to the meetings the provisions of this Protocol in so of the Contracting Parties, through far as each of them is concerned, the Organization, of measures are called upon to cooperate with a taken, results achieved and, if view to ensuring its full application. the case arises, of difficulties 2. A Party shall not be responsible encountered in the application of for any pollution originating on this Protocol. Procedures for the the territory of a non-contracting submission of such reports shall be State. However, the said Party shall determined at the meetings of the endeavour to cooperate with the Parties. said State so as to make possible 2. Such reports shall include, full application of the Protocol. inter alia: (a) Statistical data on the Article 12 authorizations granted in SETTLEMENT OF DISPUTES accordance with article 6 of this Protocol; 1. Taking into account article 28, (b) Data resulting from monitoring as paragraph 1, of the Convention, provided for in article 8 of this when land-based pollution Protocol; originating from the territory of (c) Quantities of pollutants discharged one Party is likely to prejudice from their territories; directly the interests of one or more (d) Action plans, programmes and of the other Parties, the Parties measures implemented in concerned shall, at the request of accordance with articles 5, 7 and 15 one or more of them, undertake to of this Protocol. enter into consultation with a view to seeking a satisfactory solution. Article 14 2. At the request of any Party MEETINGS concerned, the matter shall be placed on the agenda of the next 1. Ordinary meetings of the Parties meeting of the Parties held in shall take place in conjunction accordance with article 14 of this with ordinary meetings of the Protocol; the meeting may make Contracting Parties to the recommendations with a view to Convention held pursuant to article reaching a satisfactory solution. 18 of the Convention. The Parties 51

may also hold extraordinary measures and timetables for their meetings in accordance with article implementation provided for in 18 of the Convention. article 5 of this Protocol. 2. The functions of the meetings of 2. Regional action plans and the Parties to this Protocol shall be, programmes as referred to in inter alia: paragraph 1 shall be formulated by (a) To keep under review the the Organization and considered implementation of this Protocol and approved by the relevant and to consider the efficacy of the technical body of the Contracting action plans, programmes and Parties within one year at the measures adopted; latest of the entry into force of (b) To revise and amend any annex to the amendments to this Protocol. this Protocol, as appropriate; Such regional action plans and (c) To formulate and adopt action programmes shall be put on the plans, programmes and measures agenda for the subsequent meeting in accordance with articles 5, 7 and of the Parties for adoption. The 15 of this Protocol; same procedure shall be followed (d) To adopt, in accordance with article for any additional action plans and 7 of this Protocol, common programmes. guidelines, standards or criteria, 3. The measures and timetables in any form decided upon by the adopted in accordance with Parties; paragraph 1 of this article shall be (e) To make recommendations in notified by the Secretariat to all accordance with article 12, the Parties. Such measures and paragraph 2, of this Protocol; timetables become binding on (f) To consider the reports submitted the one hundred and eightieth day by the Parties under article 13 of following the day of notification this Protocol; for the Parties which have not (g) To discharge such other functions notified the Secretariat of an as may be appropriate for the objection within one hundred and application of this Protocol. seventy-nine days from the date of notification. Article 15 4. The Parties which have notified ADOPTION OF ACTION PLANS, an objection in accordance with the PROGRAMMES AND MEASURES preceding paragraph shall inform the meeting of the Parties of the 1. The meeting of the Parties shall provisions they intend to take, it adopt, by a two-thirds majority, being understood that these Parties the short-term and medium- may at any time give their consent term regional action plans to these measures or timetables. and programmes containing 52

Article 16 5. As from 17 May 1981, this Protocol FINAL PROVISIONS shall be open for accession by the States referred to in paragraph 3 1. The provisions of the Convention above, by the European Economic relating to any Protocol shall apply Community and by any grouping with respect to this Protocol. referred to in that paragraph. 2. The rules of procedure and the 6. This Protocol shall enter into force financial rules adopted pursuant to on the thirtieth day following the article 24 of the Convention shall deposit of at least six instruments apply with respect to this Protocol, of ratification, acceptance or unless the Parties to this Protocol approval of, or accession to, the agree otherwise. Protocol by the Parties referred to 3. This Protocol shall be open for in paragraph 3 of this article. signature, at Athens from 17 May 1980 to 16 June 1980, and at Madrid from 17 June 1980 to 16 May 1981, by any State invited to the Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region for the Protection of the Mediterranean Sea against Pollution from Land- Based Sources held at Athens from 12 May to 17 May 1980. It shall also be open until the same dates for signature by the European Economic Community and by any similar regional economic grouping of which at least one member is a coastal State of the Mediterranean Sea Area and which exercises competence in fields covered by this Protocol. 4. This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of Spain, which will assume the functions of Depositary. 53

ANNEX I Activities, adopted in Washington, D. C. in 1995, will give priority to substances that are toxic, persistent and liable ELEMENTS TO BE TAKEN INTO ACCOUNT to bioaccumulate, in particular to IN THE PREPARATION OF ACTION persistent organic pollutants (POPs), PLANS, PROGRAMMES AND MEASURES as well as to wastewater treatment FOR THE ELIMINATION OF POLLUTION and management. FROM LAND-BASED SOURCES AND ACTIVITIES A. SECTORS OF ACTIVITY This annex contains elements which will be taken into account The following sectors of activity in the preparation of action plans, (not listed in order of priority) will be programmes and measures for the primarily considered when setting elimination of pollution from land- priorities for the preparation of action based sources and activities referred plans, programmes and measures for to in articles 5, 7 and 15 of this the elimination of the pollution from Protocol. land-based sources and activities:

Such action plans, programmes and 1. Energy production; measures will aim to cover the sectors 2. Fertilizer production; of activity listed in section A and 3. Production and formulation also cover the groups of substances of biocides; enumerated in section C, selected on 4. The pharmaceutical industry; the basis of the characteristics listed 5. Petroleum refining; in section B of the present annex. 6. The paper and paper-pulp industry; Priorities for action should be 7. Cement production; established by the Parties, on the 8. The tanning industry; basis of the relative importance of 9. The metal industry; their impact on public health, the 10. Mining; environment and socio-economic and 11. The shipbuilding and cultural conditions. Such programmes repairing industry; should cover point sources, diffuse 12. Harbour operations; sources and atmospheric deposition. 13. The textile industry; 14. The electronic industry; In preparing action plans, programmes 15. The recycling industry; and measures, the Parties, in 16. Other sectors of the organic conformity with the Global Programme chemical industry; of Action for the Protection of the 17. Other sectors of the inorganic Marine Environment from Land-based chemical industry; 54

18. Tourism; 9. The risk of undesirable changes 19. Agriculture; in the marine ecosystem and 20. Animal husbandry; irreversibility or durability of effects; 21. Food processing; 10. Interference with the sustainable 22. Aquaculture; exploitation of living resources or 23. Treatment and disposal with other legitimate uses of the of hazardous wastes; sea; 24. Treatment and disposal 11. Effects on the taste and/or of domestic waste water; smell of marine products for human 25. Management of municipal consumption; solid waste; 12. Effects on the smell, colour, 26. Disposal of sewage sludge; transparency or other 27. The waste management industry; characteristics of seawater; 28. Incineration of waste and 13. Distribution pattern (i.e. quantities management of its residues; involved, use patterns and 29. Works which cause physical probability of reaching the marine alteration of the natural state environment). of the coastline; 30. Transport. C. CATEGORIES OF SUBSTANCES

B. CHARACTERISTICS OF SUBSTANCES The following categories of substances IN THE ENVIRONMENT and sources of pollution will serve as guidance in the preparation of action For the preparation of action plans, plans, programmes and measures: programmes and measures, the Parties should take into account the 1. Organohalogen compounds characteristics listed below: and substances which may form such compounds in the marine 1. Persistence; environment. Priority will be 2. Toxicity or other noxious properties given to Aldrin, Chlordane, DDT, (e.g. carcinogenicity, mutagenicity, Dieldrin, Dioxins and Furans, Endrin, teratogenicity); Heptachlor, Hexachlorobenzene, 3. Bioaccumulation; Mirex, PCBs and Toxaphene; 4. Radioactivity; 2. Organophosphorus compounds 5. The ratio between observed and substances which may form concentrations and no observed such compounds in the marine effect concentrations (NOEC); environment; 6. The risk of eutrophication of 3. Organotin compounds and anthropogenic origin; substances which may form 7. Health effects and risks; such compounds in the marine 8. Transboundary significance; environment; 55

4. Polycyclic aromatic hydrocarbons; 5. Heavy metals and their compounds; 6. Used lubricating oils; 7. Radioactive substances, including their wastes, when their discharges do not comply with the principles of radiation protection as defined by the competent international organizations, taking into account the protection of the marine environment; 8. Biocides and their derivatives; 9. Pathogenic microorganisms; 10. Crude oils and hydrocarbons of petroleum origin; 11. Cyanides and fluorides; 12. Non-biodegradable detergents and other non-biodegradable surface-active substances; 13. Compounds of nitrogen and phosphorus and other substances which may cause eutrophication; 14. Litter (any persistent manufactured or processed solid material which is discarded, disposed of, or abandoned in the marine and coastal environment); 15. Thermal discharges; 16. Acid or alkaline compounds which may impair the quality of water; 17. Non-toxic substances that have an adverse effect on the oxygen content of the marine environment; 18. Non-toxic substances that may interfere with any legitimate use of the sea; 19. Non-toxic substances that may have adverse effects on the physical or chemical characteristics of seawater. 56

ANNEX II 2. Toxicity and other harmful effects. 3. Accumulation in biological materials or sediments. ELEMENTS TO BE TAKEN INTO ACCOUNT 4. Biochemical transformation IN THE ISSUE OF THE AUTHORIZATIONS producing harmful compounds. FOR DISCHARGES OF WASTES 5. Adverse effects on the oxygen content and balance. With a view to the issue of an 6. Susceptibility to physical, chemical authorization for the discharges and biochemical changes of wastes containing substances and interaction in the aquatic referred to in article 6 to this Protocol, environment with other sea-water particular account will be taken, as the constituents which may produce case may be, of the following factors: harmful biological or other effects on any of the uses listed in section A. CHARACTERISTICS AND E below. COMPOSITION OF THE DISCHARGES 7. All other characteristics as listed in annex I, section B. 1. Type and size of point or diffuse source (e.g. industrial process). C. CHARACTERISTICS OF DISCHARGE 2. Type of discharges (e.g. origin, SITE AND RECEIVING ENVIRONMENT average composition). 3. State of waste (e.g. solid, liquid, 1. Hydrographic, meteorological, sludge, slurry). geological and topographical 4. Total amount (volume discharged, characteristics of the coastal area. e.g. per year). 2. Location and type of the discharge 5. Discharge pattern (continuous, (outfall, canal outlet, etc.) and intermittent, seasonally variable, its relation to other areas (such etc.). as amenity areas, spawning, 6. Concentrations with respect to nursery, and fishing areas, shellfish relevant constituents of substances grounds) and other discharges. listed in annex I and of other 3. Initial dilution achieved at the substances as appropriate. point of discharge into the receiving 7. Physical, chemical and biochemical environment. properties of the waste discharges. 4. Dispersion characteristics such as effects of currents, tides and B. CHARACTERISTICS OF DISCHARGE wind on horizontal transport and CONSTITUENTS WITH RESPECT vertical mixing. TO THEIR HARMFULNESS 5. Receiving water characteristics with respect to physical, chemical, 1. Persistence (physical, chemical, biological and ecological biological) in the marine environment. conditions in the discharge area. 57

6. Capacity of the receiving marine environment to receive waste discharges without undesirable effects.

D. AVAILABILITY OF WASTE TECHNOLOGIES

The methods of waste reduction and discharge for industrial effluents as well as domestic sewage should be selected taking into account the availability and feasibility of: (a) Alternative treatment processes; (b) Re-use or elimination methods; (c) On-land disposal alternatives; (d) Appropriate low-waste technologies.

E. POTENTIAL IMPAIRMENT OF MARINE ECOSYSTEMS AND SEA-WATER USES

1. Effects on human health through pollution impact on: (a) Edible marine organisms; (b) Bathing waters; (c) Aesthetics. 2. Effects on marine ecosystems, in particular living resources, endangered species and critical habitats. 3. Effects on other legitimate uses of the sea.

ANNEX III atmosphere, the provisions of articles 5 and 6 of this Protocol shall apply progressively to appropriate CONDITIONS OF APPLICATION TO substances and sources listed in POLLUTION TRANSPORTED THROUGH annex I to this Protocol as will be THE ATMOSPHERE agreed by the Parties. 4. Subject to the conditions specified This annex defines the conditions of in paragraph 1 of this annex, the application of this Protocol to pollution provisions of Article 7. 1 of this from land-based sources transported Protocol shall also apply to: by the atmosphere in terms of Article (a) discharges - quantity and rate - of 4. 1(b) of this Protocol: substances emitted to the atmosphere, on the basis of 1. This Protocol shall apply to the information available to the polluting discharges into the Contracting Parties concerning atmosphere under the following the location and distribution of air conditions: pollution sources; (a) the discharged substance is (b) the content of hazardous or could be transported to the substances in fuel and raw Mediterranean Sea Area under materials; prevailing meteorological (c) the efficiency of air pollution conditions; control technologies and more (b) the input of the substance into the efficient manufacturing and fuel Mediterranean Sea Area is burning processes; hazardous for the environment (d) the application of hazardous in relation to the quantities of the substances in agriculture and same substance reaching the Area forestry. by other means. 5. The provisions of annex II to 2. This Protocol shall also apply this Protocol shall apply to pollution to polluting discharges into through the atmosphere whenever the atmosphere affecting the appropriate. Air pollution monitoring Mediterranean Sea Area from land- and modelling using acceptable based sources within the territories common emission factors and of the Parties and from fixed man- methodologies shall be carried out made offshore structures, subject in the assessment of atmospheric to the provisions of article 4. 2 of deposition of substances, as well this Protocol. as in the compilation of inventories 3. In the case of pollution of the of quantities and rates of pollutant Mediterranean Sea Area from emissions into the atmosphere land-based sources through the from land-based sources. 59

6. All Articles, including parts thereof to this Protocol not mentioned in paragraphs 1 to 5 above shall apply equally to pollution from land- based sources transported by the atmosphere wherever applicable and subject to the conditions specified in paragraph 1 of this Annex. 60

ANNEX IV 3. It therefore follows that what is “best available techniques” for a particular process will change with CRITERIA FOR THE DEFINITION OF BEST time in the light of technological AVAILABLE TECHNIQUES AND BEST advances, economic and social ENVIRONMENTAL PRACTICE factors, as well as changes in scientific knowledge and A. BEST AVAILABLE TECHNIQUES understanding. 4. If the reduction of discharges and 1. The use of the best available emissions resulting from the use of techniques shall emphasize the best available techniques does not use of non-waste technology, if lead to environmentally acceptable available. results, additional measures have 2. The term“best available techniques” to be applied. means the latest stage of 5. “Techniques” include both the development (state of the art) technology used and the way in of processes, of facilities or of which the installation is designed, methods of operation which built, maintained, operated and indicate the practical suitability of dismantled. a particular measure for limiting discharges, emissions and waste. B. BEST ENVIRONMENTAL PRACTICE In determining whether a set of processes, facilities and methods 6. The term “best environmental of operation constitute the best practice” means the application of available techniques in general the most appropriate combination or individual cases, special of environmental control measures consideration shall be given to: and strategies. In making a (a) comparable processes, facilities selection for individual cases, at or methods of operation which least the following graduated range have recently been successfully of measures should be considered: tried out; (a) the provision of information (b) technological advances and and education to the public and changes in scientific knowledge to users about the environmental and understanding; consequences of choice of (c) the economic feasibility of such particular activities and choice of techniques; products, their use and ultimate (d) time limits for installation in both disposal; new and existing plants; (b) the development and application of (e) the nature and volume of the codes of good environmental discharges and emissions practice which cover all aspects of concerned. the activity in the product’s life; 61

(c) the mandatory application of labels in scientific knowledge and informing users of environmental understanding. risks related to a product, its use 9. If the reduction of inputs and ultimate disposal; resulting from the use of best (d) saving resources, including energy; environmental practice does not (e) making collection and disposal lead to environmentally acceptable systems available to the public; results, additional measures have to (f) avoiding the use of hazardous be applied and best environmental substances or products and the practice redefined. generation of hazardous waste; (g) recycling, recovery and re-use; (h) the application of economic instruments to activities, products or groups of products; (i) establishing a system of licensing, involving a range of restrictions or a ban. 7. In determining what combination of measures constitute best environmental practice, in general or individual cases, particular consideration should be given to: (a) the environmental hazard of the product and its production, use and ultimate disposal; (b) the substitution by less polluting activities or substances; (c) the scale of use; (d) the potential environmental benefit or penalty of substitute materials or activities; (e) advances and changes in scientific knowledge and understanding; (f) time limits for implementation; (g) social and economic implications. 8. It therefore follows that best environmental practice for a particular source will change with time in the light of technological advances, economic and social factors, as well as changes 62

Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean

The Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) was adopted on 10 June 1995. The Protocol entered into force on 12 December 1999, replacing the Protocol Concerning Mediterranean Specially Protected Areas, adopted on 3 April 1982, in the relationship among the Parties to both instruments.

The Annexes to the Protocol were adopted on 24 November 1996 and entered into force on 12 December 1999. Annex II was last amended on 20 December 2017 and amendments entered into force on 14 September 2018. Annex III was last amended on 6 December 2013 and amendments entered into force on 16 April 2015 63

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Medi- terranean Sea against Pollution, adopted at Barcelona on 16 February 1976, Conscious of the profound impact of human activities on the state of the marine environment and the littoral and more generally on the ecosystems of areas having prevailing Mediterranean features, Stressing the importance of protecting and, as appropriate, im- proving the state of the Mediterranean natural and cultural heritage, in particular through the establishment of specially protected areas and also by the protection and conservation of threatened species, Considering the instruments adopted by the United Nations Conference on Environment and Development and particularly the Convention on Biological Diversity (Rio de Janeiro, 1992), Conscious that when there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be invoked as a reason for postponing measures to avoid or minimize such a threat, Considering that all the Contracting Parties should cooperate to conserve, protect and restore the health and integrity of ecosystems and that they have, in this respect, common but differentiated responsibilities, 64

Have agreed as follows: (g) “Parties” means the Contracting Parties to this Protocol; PART I (h) “Organization” means the GENERAL PROVISIONS organization referred to in Article 2 of the Convention; Article 1 (i) “Centre” means the Regional Activity DEFINITIONS Centre for Specially Protected Areas. For the purposes of this Protocol: (a) “Convention” means the Convention Article 2 for the Protection of the Mediterra- GEOGRAPHICAL COVERAGE nean Sea against Pollution, adopted at Barcelona on 16 February 1976 1. The area to which this Protocol and amended at Barcelona in 1995; applies shall be the area of the (b) “Biological diversity” means the Mediterranean Sea as delimited in variability among living organisms Article 1 of the Convention. It also from all sources including, inter alia, includes: terrestrial, marine and other aquat- – the seabed and its subsoil; ic ecosystems and the ecological – the waters, the seabed and its complexes of which they are part; subsoil on the landward side of the this includes diversity within species, baseline from which the breadth between species and of ecosystems; of the territorial sea is measured (c) “Endangered species” means any and extending, in the case of species that is in danger of extinction watercourses, up to the freshwater throughout all or part of its range; limit; (d) “Endemic species” means any – the terrestrial coastal areas species whose range is restricted designated by each of the Parties, to a limited geographical area; including wetlands. (e) “Threatened species” means 2. Nothing in this Protocol nor any act any species that is likely to become adopted on the basis of this extinct within the foreseeable Protocol shall prejudice the rights, future throughout all or part of its the present and future claims or range and whose survival is unlikely legal views of any State relating if the factors causing numerical to the law of the sea, in particular, decline or habitat degradation the nature and the extent of continue to operate; marine areas,the delimitation of (f) “Conservation status of a species” marine areas between States means the sum of the influences with opposite or adjacent coasts, acting on the species that may freedom of navigation on the high affect its long-term distribution and seas, the right and the modalities abundance; of passage through straits used 65

for international navigation and and the sustainable use of marine the right of innocent passage and coastal biological resources in territorial seas, as well as the and shall integrate them into their nature and extent of the jurisdiction relevant sectoral and intersectoral of the coastal State, the flag State policies. and the port State. 5. The Parties shall monitor the 3. No act or activity undertaken on the components of biological diversity basis of this Protocol shall referred to in paragraph 3 of this constitute grounds for claiming, Article and shall identify processes contending or disputing any and categories of activities claim to national sovereignty or which have or are likely to have a jurisdiction. significant adverse impact on the conservation and sustainable use Article 3 of biological diversity, and monitor GENERAL OBLIGATIONS their effects. 6. Each Party shall apply the 1. Each Party shall take the necessary measures provided for in this measures to: Protocol without prejudice to the (a) protect, preserve and manage in sovereignty or the jurisdiction a sustainable and environmentally of other Parties or other States. sound way areas of particular Any measures taken by a Party to natural or cultural value, notably enforce these measures shall be in by the establishment of specially accordance with international law. protected areas; (b) protect, preserve and manage PART II threatened or endangered species PROTECTION OF AREAS of flora and fauna. 2. The Parties shall cooperate, SECTION ONE directly or through the competent SPECIALLY PROTECTED AREAS international organizations, in the conservation and sustainable use Article 4 of biological diversity in the area to OBJECTIVES which this Protocol applies. 3. The Parties shall identify and The objective of specially protected compile inventories of the areas is to safeguard: components of biological diversity (a) representative types of coastal and important for its conservation and marine ecosystems of adequate sustainable use. size to ensure their long-term 4. The Parties shall adopt strategies, viability and to maintain their plans and programmes for the biological diversity; conservation of biological diversity (b) habitats which are in danger of 66

disappearing in their natural area of or national jurisdiction, a specially distribution in the Mediterranean or protected area contiguous to which have a reduced natural area the frontier and to the limits of a of distribution as a consequence zone subject to the sovereignty or of their regression or on account of national jurisdiction of a State that their intrinsically restricted area; is not a Party to this Protocol, the (c) habitats critical to the survival, Party shall endeavour to cooperate reproduction and recovery of with that State as referred to in the endangered, threatened or endemic previous paragraph. species of flora or fauna; 4. If a State which is not party to (d) sites of particular importance this Protocol intends to establish a because of their scientific, specially protected area contiguous aesthetic, cultural or educational to the frontier and to the limits of interest. a zone subject to the sovereignty or national jurisdiction of a Party Article 5 to this Protocol, the latter shall ESTABLISHMENT OF SPECIALLY endeavour to cooperate with that PROTECTED AREAS State as referred to in paragraph 2.

1. Each Party may establish specially Article 6 protected areas in the marine PROTECTION MEASURES and coastal zones subject to its sovereignty or jurisdiction. The Parties, in conformity with 2. If a Party intends to establish, international law and taking into in an area subject to its sovereignty account the characteristics of each or national jurisdiction, a specially specially protected area, shall take protected area contiguous to the protection measures required, the frontier and to the limits of a in particular: zone subject to the sovereignty (a) the strengthening of the application or national jurisdiction of another of the other Protocols to the Party, the competent authorities of Convention and of other relevant the two Parties shall endeavour to treaties to which they are Parties; cooperate, with a view to reaching (b) the prohibition of the dumping agreement on the measures to be or discharge of wastes and other taken and shall, inter alia, examine substances likely directly or the possibility of the other Party indirectly to impair the integrity of establishing a corresponding the specially protected area; specially protected area or adopting (c) the regulation of the passage of any other appropriate measures. ships and any stopping or 3. If a Party intends to establish, anchoring; in an area subject to its sovereignty (d) the regulation of the introduction 67

of any species not indigenous to adopt planning, management, the specially protected area in supervision and monitoring question, or of genetically modified measures for the specially species, as well as the introduction protected areas. or reintroduction of species which 2. Such measures should include for are or have been present in the each specially protected area: specially protected area; (a) the development and adoption (e) the regulation or prohibition of of a management plan that any activity involving the specifies the legal and institutional exploration or modification of framework and the management the soil or the exploitation of the and protection measures subsoil of the land part, the seabed applicable; or its subsoil; (b) the continuous monitoring of (f) the regulation of any scientific ecological processes, habitats, research activity; population dynamics, landscapes, (g) the regulation or prohibition of as well as the impact of human fishing, hunting, taking of animals activities; and harvesting of plants or their (c) the active involvement of local destruction, as well as trade in communities and populations, as animals, parts of animals, plants, appropriate, in the management of parts of plants, which originate in specially protected areas, including specially protected areas; assistance to local inhabitants (h) the regulation and if necessary the who might be affected by the prohibition of any other activity or establishment of such areas; act likely to harm or disturb the (d) the adoption of mechanisms species or that might endanger for financing the promotion and the state of conservation of the management of specially protected ecosystems or species or might areas, as well as the development impair the natural or cultural of activities which ensure that characteristics of the specially management is compatible with the protected area; objectives of such areas; (i) any other measure aimed at (e) the regulation of activities safeguarding ecological and compatible with the objectives for biological processes and the which the specially protected area landscape. was established and the terms of the related permits; Article 7 (f) the training of managers and PLANNING AND MANAGEMENT qualified technical personnel, as well as the development of an 1. The Parties shall, in accordance appropriate infrastructure. with the rules of international law, 3. The Parties shall ensure that 68

national contingency plans habitats of endangered species; incorporate measures for – are of special interest at the responding to incidents that could scientific, aesthetic, cultural or cause damage or constitute a educational levels. threat to the specially protected 3. The Parties agree: areas. (a) to recognize the particular 4. When specially protected areas importance of these areas for the covering both land and marine Mediterranean; areas have been established, (b) to comply with the measures the Parties shall endeavour to applicable to the SPAMIs and not ensure the coordination of the to authorize nor undertake any administration and management activities that might be contrary of the specially protected area as a to the objectives for which the whole. SPAMIs were established.

SECTION TWO Article 9 SPECIALLY PROTECTED AREAS OF PROCEDURE FOR THE ESTABLISHMENT MEDITERRANEAN IMPORTANCE AND LISTING OF SPAMIS

Article 8 1. SPAMIs may be established, ESTABLISHMENT OF THE LIST following the procedure provided OF SPECIALLY PROTECTED AREAS for in paragraph 2 to 4 of this OF MEDITERRANEAN IMPORTANCE Article, in: (a) the marine and coastal zones 1. In order to promote cooperation subject to the sovereignty or in the management and jurisdiction of the Parties; conservation of natural areas, (b) zones partly or wholly on the high as well as in the protection of seas. threatened species and their 2. Proposals for inclusion in the List habitats, the Parties shall draw up may be submitted: a “List of Specially Protected Areas (a) by the Party concerned, if the area of Mediterranean Importance”, is situated in a zone already hereinafter referred to as the delimited, over which it exercises “SPAMI List”. sovereignty or jurisdiction; 2. The SPAMI List may include sites (b) by two or more neighbouring which: Parties concerned if the area is – are of importance for conserving situated, partly or wholly, on the the components of biological high sea; diversity in the Mediterranean; (c) by the neighbouring Parties – contain ecosystems specific concerned in areas where the to the Mediterranean area or the limits of national sovereignty or 69

jurisdiction have not yet been guidelines and common criteria, defined. after assessment, the Organization 3. Parties making proposals shall inform the meeting of the for inclusion in the SPAMI Parties, which shall decide to List shall provide the Centre include the area in the SPAMI List; with an introductory report (c) if a proposal made in accordance containing information on the with subparagraphs 2 (b) and 2 (c) area’s geographical location, of this Article is consistent with the its physical and ecological guidelines and common criteria, characteristics, its legal status, the Centre shall transmit it to the its management plans and the Organization, which shall inform the means for their implementation, as meeting of the Parties. The decision well as a statement justifying its to include the area in the SPAMI Mediterranean importance; list shall be taken by consensus (a) where a proposal is formulated by the Contracting Parties, which under subparagraphs 2 (b) and 2 shall also approve the management (c) of this Article, the neighbouring measures applicable to the area. Parties concerned shall consult 5. The Parties which proposed each other with a view to ensuring the inclusion of the area in the List the consistency of the proposed shall implement the protection and protection and management conservation measures specified measures, as well as the means for in their proposals in accordance their implementation; with paragraph 3 of this Article. (b) proposals made under paragraph The Contracting Parties undertake 2 of this Article shall indicate to observe the rules thus laid the protection and management down. The Centre shall inform measures applicable to the area the competent international as well as the means of their organizations of the List and of the implementation. measures taken in the SPAMIs. 4. The procedure for inclusion of 6. The Parties may revise the SPAMI the proposed area in the List is the List. To this end, the Centre shall following: prepare a report. (a) for each area, the proposal shall be submitted to the National Focal Article 10 Points, which shall examine its CHANGES IN THE STATUS OF SPAMIs conformity with the common guidelines and criteria adopted Changes in the delimitation or pursuant to Article 16; legal status of a SPAMI or the (b) if a proposal made in accordance suppression of all or part of such with subparagraph 2 (a) of this an area shall not be decided Article is consistent with the upon unless there are important 70

reasons for doing so, taking into (including, to the extent possible, account the need to safeguard the incidental taking, possession the environment and comply with or killing), the commercial trade, the obligations laid down in this the transport and the exhibition Protocol and a procedure similar to for commercial purposes of that followed for the creation of the these species, their eggs, parts or SPAMI and its inclusion in the List products; shall be observed. (b) to the extent possible, the disturbance of wild fauna, PART III particularly during the period of PROTECTION ANDCONSERVATION breeding, incubation, hibernation or OF SPECIES migration, as well as other periods of biological stress. Article 11 4. In addition to the measures NATIONAL MEASURES FOR specified in the previous paragraph, THE PROTECTION AND CONSERVATION the Parties shall coordinate OF SPECIES their efforts, through bilateral or multilateral action, including 1. The Parties shall manage species if necessary, agreements for of flora and fauna with the aim of the protection and recovery of maintaining them in a favourable migratory species whose range state of conservation. extends into the area to which this 2. The Parties shall, in the zones Protocol applies. subject to their sovereignty or 5. With respect to protected species national jurisdiction, identify and of flora and their parts and compile lists of the endangered products, the Parties shall regulate, or threatened species of flora and and where appropriate, prohibit fauna and accord protected status all forms of destruction and to such species. The Parties shall disturbance, including the picking, regulate and, where appropriate, collecting, cutting, uprooting, prohibit activities having adverse possession of, commercial trade effects on such species or in, or transport and exhibition for their habitats, and carry out commercial purposes of such management, planning and other species. measures to ensure a favourable 6. The Parties shall formulate and state of conservation of such adopt measures and plans with species. regard to ex situ reproduction, 3. With respect to protected species in particular captive breeding, of of fauna, the Parties shall control protected fauna and propagation of and, where appropriate, prohibit: protected flora. (a) the taking, possession or killing 7. The Parties shall endeavour, 71

directly or through the Centre, to and shall formulate and implement consult with range States that are action plans for their conservation not Parties to this Protocol, with a or recovery. They shall continue view to coordinating their efforts to to cooperate in implementing manage and protect endangered or the relevant action plans already threatened species. adopted. 8. The Parties shall make provision, 4. The Parties, in cooperation with where possible, for the return of competent international protected species exported or organizations, shall take all held illegally. Efforts should be appropriate measures to ensure made by Parties to reintroduce the conservation of the species such specimens to their natural listed in the Annex relating to the habitat. List of Species whose Exploitation is Regulated while at the same Article 12 time authorizing and regulating COOPERATIVE MEASURES FOR THE the exploitation of these species PROTECTION AND CONSERVATION OF so as to ensure and maintain their SPECIES favourable state of conservation. 5. When the range area of a 1. The Parties shall adopt cooperative threatened or endangered species measures to ensure the protection extends to both sides of a national and conservation of the flora and frontier or of the limit that separates fauna listed in the Annexes to this the territories or the areas subject Protocol relating to the List of to the sovereignty or the national Endangered or Threatened Species jurisdiction of two Parties to and the List of Species whose this Protocol, these Parties shall Exploitation is Regulated. cooperate with a view to ensuring 2. The Parties shall ensure the the protection and conservation maximum possible protection and, if necessary, the recovery of and recovery of the species of such species. fauna and flora listed in the Annex 6. Provided that no other satisfactory relating to the List of Endangered solutions are available and that or Threatened Species by adopting the exemption does not harm the at the national level the measures survival of the population or of any provided for in paragraphs 3 and 5 other species, the Parties may grant of Article 11 of this Protocol. exemptions to the prohibitions 3. The Parties shall prohibit the prescribed for the protection of the destruction of and damage to species listed in the Annexes to this the habitat of species listed in Protocol for scientific, educational the Annex relating to the List of or management purposes Endangered or Threatened Species necessary to ensure the survival of 72

the species or to prevent significant 2. All proposed amendments damage. Such exemptions shall be submitted to the meeting of notified to the Contracting Parties. Contracting Parties shall have been the subject of prior evaluation by the Article 13 meeting of National Focal Points. INTRODUCTION OF NON-INDIGENOUS OR GENETICALLY MODIFIED SPECIES Article 15 INVENTORIES 1. The Parties shall take all appropriate measures to regulate Each Party shall compile the intentional or accidental comprehensive inventories of: introduction of non-indigenous or (a) areas over which they exercise genetically modified species to sovereignty or jurisdiction that the wild and prohibit those that contain rare or fragile ecosystems, may have harmful impacts on the that are reservoirs of biological ecosystems, habitats or species diversity, that are important for in the area to which this Protocol threatened or endangered species; applies. (b) species of fauna or flora that are 2. The Parties shall endeavour to endangered or threatened. implement all possible measures to eradicate species that have Article 16 already been introduced when, after GUIDELINES AND COMMON CRITERIA scientific assessment, it appears that such species cause or are likely The Parties shall adopt: to cause damage to ecosystems, (a) common criteria for the choice of habitats or species in the area to protected marine and coastal areas which this Protocol applies. that could be included in the SPAMI List which shall be annexed to the PART IV Protocol; PROVISIONS COMMON TO PROTECTED (b) common criteria for the inclusion of AREAS AND SPECIES additional species in the Annexes; (c) guidelines for the establishment Article 14 and management of specially AMENDMENTS TO ANNEXES protected areas. The criteria and guidelines referred 1. The procedures for amendments to in paragraphs (b) and (c) may be to Annexes to this Protocol shall be amended by the meeting of the those set forth in Article 23 of the Parties on the basis of a proposal Convention. made by one or more Parties. 73

Article 17 Article 19 ENVIRONMENTAL IMPACT ASSESSMENT PUBLICITY, INFORMATION, PUBLIC AWARENESS AND EDUCATION In the planning process leading to decisions on industrial and other 1. The Parties shall give appropriate projects and activities that could publicity to the establishment of significantly affect protected areas specially protected areas, their and species and their habitats, the boundaries, applicable regulations, Parties shall evaluate and take into and to the designation of protected consideration the possible direct species, their habitats and or indirect, immediate or long-term, applicable regulations. impact, including the cumulative 2. The Parties shall endeavour to impact of the projects and activities inform the public of the interest and being contemplated. value of specially protected areas and species, and of the scientific Article 18 knowledge which may be gained INTEGRATION OF TRADITIONAL ACTIVITIES from the point of view of nature conservation and other points of 1. In formulating protective measures, view. Such information should have the Parties shall take into account an appropriate place in education the traditional subsistence and programmes. The Parties shall cultural activities of their local also endeavour to promote the populations. They shall grant participation of their public and exemptions, as necessary, to meet their conservation organizations in such needs. No exemption which is measures that are necessary for the allowed for this reason shall: protection of the areas and species (a) endanger either the maintenance concerned, including environmental of ecosystems protected under impact assessments. this Protocol or the biological processes contributing to the Article 20 maintenance of those ecosystems; SCIENTIFIC, TECHNICAL AND (b) cause either the extinction of, or a MANAGEMENT RESEARCH substantial reduction in, the number of individuals making up the popula- 1. The Parties shall encourage tions or species of flora and fauna, and develop scientific and technical in particular endangered, threatened, research relating to the aims of migratory or endemic species. this Protocol. They shall also 2. Parties which grant exemptions encourage and develop research from the protection measures shall into the sustainable use of inform the Contracting Parties specially protected areas and the accordingly. management of protected species. 74

2. The Parties shall consult, when conservation of protected species. necessary, among themselves There shall be regular exchanges and with competent international of information concerning the organizations with a view characteristics of protected areas to identifying, planning and and species, the experience undertaking scientific and acquired and the problems technical research and monitoring encountered. programmes necessary for the 2. The Parties shall, at the earliest identification and monitoring of opportunity, communicate any protected areas and species and situation that might endanger the assessing the effectiveness of ecosystems of specially protected measures taken to implement areas or the survival of protected management and recovery plans. species of flora and fauna to the 3. The Parties shall exchange, directly other Parties, to the States that or through the Centre, scientific and might be affected and to the technical information concerning Centre. current and planned research and monitoring programmes and the Article 22 results thereof. They shall, to the MUTUAL ASSISTANCE fullest extent possible, coordinate their research and monitoring 1. The Parties shall cooperate, directly programmes, and endeavour jointly or with the assistance of the Centre to define or standardize their or the international organizations procedures. concerned, in formulating, financing 4. In technical and scientific research, and implementing programmes of the Parties shall give priority to mutual assistance and assistance SPAMIs and species appearing in to developing countries that the Annexes to this Protocol. express a need for it with a view to implementing this Protocol. Article 21 2. These programmes shall include MUTUAL COOPERATION public environmental education, the training of scientific, technical 1. The Parties shall, directly or and management personnel, with the assistance of the Centre scientific research, the acquisition, or international organizations utilization, design and development concerned, establish cooperation of appropriate equipment, programmes to coordinate the and transfer of technology on establishment, conservation, advantageous terms to be agreed planning and management of among the Parties concerned. specially protected areas, as well 3. The Parties shall, in matters of as the selection, management and mutual assistance, give priority to 75

the SPAMIs and species appearing support of the Centre, to which it in the Annexes to this Protocol. may entrust the following functions: (a) assisting the Parties, in Article 23 cooperation with the competent REPORTS OF THE PARTIES international, intergovernmental and non-governmental organizations, in: The Parties shall submit to ordinary – establishing and managing meetings of the Parties a report on specially protected areas in the area the implementation of this Protocol, to which this Protocol applies; in particular on: – conducting programmes of (a) the status and the state of the technical and scientific research areas included in the SPAMI List; as provided for in Article 20 of this (b) any changes in the delimitation Protocol; or legal status of the SPAMIs and – conducting the exchange of protected species; scientific and technical information (c) possible exemptions allowed among the Parties as provided for pursuant to Articles 12 and 18 of in Article 20 of this Protocol; this Protocol. – preparing management plans for specially protected areas and PART V species; INSTITUTIONAL PROVISIONS – developing cooperative programmes pursuant to Article 21 Article 24 of this Protocol; NATIONAL FOCAL POINTS – preparing educational materials designed for various groups; Each Party shall designate a (b) convening and organizing the National Focal Point to serve as meetings of the National Focal liaison with the Centre on the Points and providing them with technical and scientific aspects of secretariat services; the implementation of this Protocol. (c) formulating recommendations The National Focal Points shall meet on guidelines and common criteria periodically to carry out the functions pursuant to Article 16 of this deriving from this Protocol. Protocol; (d) creating and updating databases Article 25 of specially protected areas, COORDINATION protected species and other matters relevant to this Protocol; 1. The Organization shall be (e) preparing reports and technical responsible for coordinating the studies that may be required for the implementation of this Protocol. implementation of this Protocol; For this purpose, it shall receive the (f) elaborating and implementing the 76

training programmes mentioned in the need for other measures, in Article 22, paragraph 2; particular in the form of Annexes (g) cooperating with regional and and amendments to this Protocol international governmental and or to its Annexes; non-governmental organizations (d) adopting the guidelines and concerned with the protection common criteria provided for in of areas and species, provided Article 16 of this Protocol; that the specificity of each (e) considering reports transmitted organization and the need to avoid by the Parties under Article 23 of the duplication of activities are this Protocol, as well as any other respected; pertinent information which the (h) carrying out the functions assigned Parties transmit through the Centre; to it in the action plans adopted in (f) making recommendations to the the framework of this Protocol; Parties on the measures to be (i) carrying out any other function adopted for the implementation of assigned to it by the Parties. this Protocol; (g) examining the recommendations Article 26 of the meetings of the National MEETINGS OF THE PARTIES Focal Points pursuant to Article 24 of this Protocol; 1. The ordinary meetings of the Parties (h) deciding on the inclusion of an area to this Protocol shall be held in con- in the SPAMI List in conformity junction with the ordinary meetings with Article 9, paragraph 4, of this of the Contracting Parties to the Protocol; Convention held pursuant to Article (i) examining any other matter relevant 18 of the Convention. The Parties to this Protocol, as appropriate; may also hold extraordinary meet- (j) discussing and evaluating the ings in conformity with that Article. exemptions allowed by the Parties 2. The meetings of the Parties to this in conformity with Articles 12 and Protocol are particularly aimed at: 18 of this Protocol. (a) keeping under review the implementation of this Protocol; PART VI (b) overseeing the work of the FINAL PROVISIONS Organization and of the Centre relating to the implementation of Article 27 this Protocol and providing policy EFFECT OF THE PROTOCOL guidance for their activities; ON DOMESTIC LEGISLATION (c) considering the efficacy of the measures adopted for the The provisions of this Protocol management and protection of shall not affect the right of Parties areas and species, and examining to adopt relevant stricter domestic 77

measures for the implementation Article 31 of this Protocol. ACCESSION

Article 28 As from 10 June 1996, this Protocol RELATIONSHIP WITH THIRD PARTIES shall be open for accession by any State and regional economic 1. The Parties shall invite States grouping which is Party to the that are not Parties to the Protocol Convention. and international organizations to cooperate in the implementation of Article 32 this Protocol. ENTRY INTO FORCE 2. The Parties undertake to adopt appropriate measures, consistent 1. This Protocol shall enter into with international law, to ensure force on the thirtieth day following that no one engages in any activity the deposit of the sixth instrument contrary to the principles or of ratification, acceptance or purposes of this Protocol. approval of, or accession to, the Protocol. Article 29 2. From the date of its entry into SIGNATURE force, this Protocol shall replace the Protocol Concerning Mediterranean This Protocol shall be open for Specially Protected Areas of 1982, signature in Barcelona on 10 in the relationship among the June 1995 and in Madrid from Parties to both instruments. 11 June 1995 to 10 June 1996 by any Contracting Party to the Convention.

Article 30 RATIFICATION, ACCEPTANCE OR APPROVAL

This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of Spain, which will assume the functions of Depositary. 78

ANNEX I have to be representative of the Mediterranean region and its biodiversity. To this end the List COMMON CRITERIA FOR THE CHOICE will have to represent the highest OF PROTECTED MARINE AND COASTAL number possible of types of AREAS THAT COULD BE INCLUDED IN THE habitats and ecosystems. SPAMI LIST (d) The SPAMIs will have to constitute the core of a network A. GENERAL PRINCIPLES aiming at the effective conservation of the Mediterranean heritage. To The Contracting Parties agree that attain this objective, the Parties the following general principles will will develop their cooperation on guide their work in establishing the bilateral and multilateral bases SPAMI List: in the field of conservation and (a) The conservation of the natural management of natural sites and heritage is the basic aim that notably through the establishment must characterize a SPAMI. The of transboundary SPAMIs. pursuit of other aims such as (e) The sites included in the SPAMI the conservation of the cultural List are intended to have a value heritage, and the promotion of of example and model for the scientific research, education, protection of the natural heritage of participation, collaboration, is highly the region. To this end, the Parties desirable in SPAMIs and constitutes ensure that sites included in the List a factor in favour of a site being are provided with adequate legal included on the List, to the extent status, protection measures and in which it remains compatible with management methods and means. the aims of conservation. (b) No limit is imposed on the total B. GENERAL FEATURES OF THE AREAS number of areas included in the THAT COULD BE INCLUDED List or on the number of areas IN THE SPAMI LIST any individual Party can propose for inscription. Nevertheless, the 1. To be eligible for inclusion in Parties agree that sites will be the SPAMI List, an area must fulfil selected on a scientific basis and at least one of the general criteria included in the List according set in Article 8 paragraph 2 of the to their qualities; they will have Protocol. Several of these general therefore to fulfil the requirements criteria can in certain cases be set out by the Protocol and the fulfilled by the same area, and present criteria. such a circumstance cannot (c) The listed SPAMI and their but strengthen the case for the geographical distribution will inclusion of the area in the List. 79

2. The regional value is a basic respectively, present a particular requirement of an area for being value for research in the field of included in the SPAMI List. The natural sciences or for activities following criteria should be used of environmental education in evaluating the Mediterranean or awareness or contain interest of an area: outstanding natural features, (a) Uniqueness: The area contains landscapes or seascapes. unique or rare ecosystems, or rare 4. Besides the fundamental criteria or endemic species. specified in article 8, paragraph (b) Natural representativeness: 2, of the Protocol, a certain The area has highly representative number of other characteristics ecological processes, or and factors should be community or habitat types or considered as favourable for the other natural characteristics. inclusion of the site in the List. Representativeness is the degree to These include: which an area represents a habitat (a) the existence of threats likely type, ecological process, biological to impair the ecological, community, physiographic feature biological, aesthetic or cultural or other natural characteristic. value of the area; (c) Diversity: The area has a high (b) the involvement and active diversity of species, communities, participation of the public in habitats or ecosystems. general, and particularly of local (d) Naturalness: The area has a high communities, in the process of degree of naturalness as a planning and management of result of the lack or low level of the area; human-induced disturbance and (c) the existence of a body degradation. representing the public, (e) Presence of habitats that are professional, non-governmental critical to endangered, threatened sectors and the scientific or endemic species. community involved in the area; (f) Cultural representativeness: The (d) the existence in the area of area has a high representative opportunities for sustainable value with respect to the cultural development; heritage, due to the existence of (e) the existence of an integrated environmentally sound traditional coastal management plan activities integrated with nature within the meaning of Article which support the well-being of 4 paragraph 3 (e) of the local populations. Convention. 3. To be included in the SPAMI List, an area having scientific, educational or aesthetic interest must, 80

C. LEGAL STATUS and management objectives set for the site in the short and long term, 1. All areas eligible for inclusion in the and take in particular into account SPAMI List must be awarded a the threats upon it. legal status guaranteeing their 3. Protection, planning and effective long-term protection. management measures must be 2. To be included in the SPAMI List, based on an adequate knowledge an area situated in a zone already of the elements of the natural delimited over which a Party environment and of socio- exercises sovereignty or jurisdiction economic and cultural factors that must have a protected status characterize each area. In case of recognized by the Party concerned. shortcomings in basic knowledge, 3. In the case of areas situated, an area proposed for inclusion partly or wholly, on the high sea in the SPAMI List must have a or in a zone where the limits of programme for the collection of the national sovereignty or jurisdiction unavailable data and information. have not yet been defined, the legal 4. The competence and responsibility status, the management plan, the with regard to administration and applicable measures and the other implementation of conservation elements provided for in Article 9, measures for areas proposed for paragraph 3, of the Protocol will inclusion in the SPAMI List must be provided by the neighbouring be clearly defined in the texts Parties concerned in the proposal governing each area. for inclusion in the SPAMI List. 5. In the respect of the specificity characterizing each protected D. PROTECTION, PLANNING site, the protection measures for AND MANAGEMENT MEASURES a SPAMI must take account of the following basic aspects: 1. Conservation and management (a) the strengthening of the regulation objectives must be clearly defined of the release or dumping of in the texts relating to each site, wastes and other substances likely and will constitute the basis for directly or indirectly to impair the assessment of the adequacy integrity of the area; of the adopted measures (b) the strengthening of the regulation and the effectiveness of their of the introduction or reintroduction implementation at the revisions of of any species into the area; the SPAMI List. (c) the regulation of any activity or act 2. Protection, planning and likely to harm or disturb the management measures applicable species, or that might endanger to each area must be adequate for the conservation status of the the achievement of the conservation ecosystems or species or might 81

impair the natural, cultural or aesthetic characteristics of the area. (d) the regulation applicable to the zones surrounding the area in question. 6. To be included in the SPAMI List, a protected area must have a management body, endowed with sufficient powers as well as means and human resources to prevent and/or control activities likely to be contrary to the aims of the protected area. 7. To be included in the SPAMI List an area will have to be endowed with a management plan. The main rules of this management plan are to be laid down as from the time of inclusion and implemented immediately. A detailed management plan must be presented within three years of the time of inclusion. Failure to respect this obligation entails the removal of the site from the List. 8. To be included in the SPAMI List, an area will have to be endowed with a monitoring programme. This programme should include the identification and monitoring of a certain number of significant parameters for the area in question, in order to allow the assessment of the state and evolution of the area, as well as the effectiveness of protection and management measures implemented, so that they may be adapted if need be. To this end further necessary studies are to be commissioned. 82

ANNEX II Titanoderma trochanter (Bory) Benhissoune et al.

LIST OF ENDANGERED OR THREATENED Porifera SPECIES Aplysina sp. plur. Asbestopluma hypogea (Vacelet & Boury- Magnoliophyta Esnault, 1995) Cymodocea nodosa (Ucria) Ascherson Axinella cannabina (Esper, 1794) Posidonia oceanica (Linnaeus) Delile Axinella polypoides (Schmidt, 1862) Zostera marina Linnaeus Geodia hydronium (Jameson, 1811) Zosteranoltii Hornemann Petrobionamassiliana (Vacelet & Lévi, 1958) Chlorophyta Sarcotragusfoetidus (Schmidt, 1862) Caulerpa ollivieri Dostál (synon. Ircinafoetida) Sarcotragus pipetta (Schmidt, 1868) Heterokontophyta (synon. Ircinia pipetta) Cystoseira genus (except Cystoseira Tethyasp. plur. compressa) Fucus virsoides J. Agardh Cnidaria Laminaria rodriguezii Bornet Antipathella subpinnata (Ellis & Solander, Sargassum acinarium (Linnaeus) Setchell 1786) Sargassum flavifolium Kützing Antipathes dichotoma (Pallas, 1766) Sargassum hornschuchii C. Agardh Antipathes fragilis (Gravier, 1918) Sargassum trichocarpum J. Agardh Astroides calycularis (Pallas, 1766) Callogorgia verticillata (Pallas, 1766) Rhodophyta Cladocora caespitosa (Linnaeus, 1767) Gymnogongrus crenulatus (Turner) Cladocora debilis (Milne Edwards & J. Agardh Haime, 1849) Kallymenia spathulata (J. Agardh) Dendrophyllia cornigera (Lamarck, 1816) P. G. Parkinson Dendrophyllia ramea (Linnaeus, 1758) Lithophyllum byssoides (Lamarck) Foslie Desmophyllum dianthus (Esper, 1794) (synon. Lithophyllum lichenoides) Ellisella paraplexauroides (Stiasny, 1936) Ptilophora mediterranea (H. Huvé) Errina aspera (Linnaeus, 1767) R. E. Norris Isidella elongata (Esper, 1788) Schimmelmannia schousboei (J. Agardh) Leiopathes glaberrima (Esper, 1792) Sphaerococcus rhizophylloides Lophelia pertusa (Linnaeus, 1758) J. J. Rodríguez Madrepora oculata (Linnaeus, 1758) Tenarea tortuosa (Esper) Lemoine Parantipathes larix (Esper, 1790) Titanoderma ramosissimum (Heydrich) Savalia savaglia Nardo, 1844 (synon. Bressan & Cabioch (synon. Goniolithon Gerardiasavaglia) byssoides) 83

Bryozoa Carcharias taurus (Rafinesque, 1810) Hornera lichenoides (Linnaeus, 1758) Carcharodon carcharias (Linnaeus, 1758) Cetorhinus maximus (Gunnerus, 1765) Mollusca Dipturus batis (Linnaeus, 1758) Charonia lampas (Linnaeus, 1758) (= Ch. Galeorhinus galeus (Linnaeus, 1758) Rubicunda= Ch. Nodifera) Gymnura altavela (Linnaeus, 1758) Charoniatritonis variegata (Lamarck, Hippocampus guttulatus (Cuvier, 1829) 1816) (= Ch. Seguenziae) (synon. Hippocampus ramulosus) Dendropoma petraeum (Monterosato, Hippocampus hippocampus (Linnaeus, 1884) 1758) Erosaria spurca (Linnaeus, 1758) Huso huso (Linnaeus, 1758) Gibbula nivosa (Adams, 1851) Isurus oxyrinchus (Rafinesque, 1810) Lithophaga lithophaga (Linnaeus, 1758) Lamna nasus (Bonnaterre, 1788) Luria lurida (Linnaeus, 1758) (= Cypraea Lethentero nzanandreai (Vladykov, 1955) lurida) Leucoraja circularis (Couch, 1838) Mitra zonata (Marryat, 1818) Leucoraja melitensis (Clark, 1926) Patella ferruginea (Gmelin, 1791) Mobula mobular (Bonnaterre, 1788) Patella nigra (Da Costa, 1771) Odontaspis ferox (Risso, 1810) Pholas dactylus (Linnaeus, 1758) Oxynotus centrina (Linnaeus, 1758) Pinna nobilis (Linnaeus, 1758) Pomatoschistus canestrini (Ninni, 1883) Pinna rudis (= P. pernula) (Linnaeus, 1758) Pomatoschistus tortonesei (Miller, 1969) Ranella olearia (Linnaeus, 1758) Pristis pectinata (Latham, 1794) Schilderia achatidea (Gray in G. B. Pristis pristis (Linnaeus, 1758) Sowerby II, 1837) Rhinobatos cemiculus (E. Geoffroy Saint- Tonna galea (Linnaeus, 1758) Hilaire, 1817) Zonaria pyrum (Gmelin, 1791) Rhinobatos rhinobatos (Linnaeus, 1758) Rostroraja alba (Lacépède, 1803) Crustacea Sphyrna lewini (Griffith & Smith, 1834) Ocypode cursor (Linnaeus, 1758) Sphyrna mokarran (Rüppell, 1837) Pachylasma giganteum (Philippi, 1836) Sphyrna zygaena (Linnaeus, 1758) Echinodermata Squatina aculeata (Dumeril, in Cuvier, Asterina pancerii (Gasco, 1870) 1817) Centrostephanus longispinus (Philippi, Squatina oculata (Bonaparte, 1840) 1845) Squatina squatina (Linnaeus, 1758) Ophidiaster ophidianus (Lamarck, 1816 Valencia hispanica (Valenciennes, 1846) Valencia letourneuxi (Sauvage, 1880) Pisces Acipenser naccarii (Bonaparte, 1836) Reptiles Acipenser sturio (Linnaeus, 1758) Caretta caretta (Linnaeus, 1758) Aphanius fasciatus (Valenciennes, 1821) Chelonia mydas (Linnaeus, 1758) Aphanius iberus (Valenciennes, 1846) Dermochelys coriacea (Vandelli, 1761) 84

Eretmochelys imbricata (Linnaeus, 1766) Globicephala melas (Trail, 1809) Lepidochelys kempii (Garman, 1880) Grampus griseus (Cuvier G. , 1812) Trionyx triunguis (Forskål, 1775) Kogia simus (Owen, 1866) Megaptera novaeangliae (Borowski, 1781) Aves Mesoplodon densirostris (de Blainville, Calonectris diomedea (Scopoli, 1769) 1817) Ceryle rudis (Linnaeus, 1758) Monachus monachus (Hermann, 1779) Charadrius alexandrinus (Linnaeus, 1758) Orcinus orca (Linnaeus, 1758) Charadrius leschenaultii columbinus Phocoena phocoena (Linnaeus, 1758) (Lesson, 1826) Physeter macrocephalus (Linnaeus, 1758) Falco eleonorae (Géné, 1834) Pseudorca crassidens (Owen, 1846) Gelochelidon nilotica (Gmelin, JF, 1789) Stenella coeruleoalba (Meyen, 1833) Halcyon smyrnensis (Linnaeus, 1758) Steno bredanensis (Cuvier in Lesson, Hydrobates pelagicuss sp. melitensis 1828) (Schembri, 1843) Tursiops truncatus (Montagu, 1821) Hydroprogne caspia (Pallas, 1770) Ziphius cavirostris (Cuvier G. , 1832) Larus armenicus (Buturlin, 1934) Larus audouinii (Payraudeau, 1826) Larus genei (Breme, 1839) Larus melanocephalus (Temminck, 1820) Microcarbo pygmaeus (Pallas, 1773) Numenius tenuirostris (Viellot, 1817) Pandion haliaetus (Linnaeus, 1758) Pelecanus crispus (Bruch, 1832) Pelecanus onocrotalus (Linnaeus, 1758) Phalacrocorax aristotelis ssp. desmarestii (Payraudeau, 1826) Phoenicopterus roseus(Pallas, 1811) Puffinus mauretanicus (Lowe, PR, 1921) Puffinus yelkouan (Brünnich, 1764) Sternula albifrons (Pallas, 1764) Thalasseus bengalensis (Lesson, 1831) Thalasseus sandvicensis (Latham, 1878)

Mammalia Balaenoptera acutorostrata (Lacépède, 1804) Balaenoptera borealis (Lesson, 1828) Balaenoptera physalus (Linnaeus, 1758) Delphinus delphis (Linnaeus, 1758) Eubalaena glacialis (Müller, 1776) 85

ANNEX III Heptranchias perlo (Bonnaterre, 1788) Lampetra fluviatilis (Linnaeus, 1758) Mustelus asterias (Cloquet, 1821) LIST OF SPECIES WHOSE EXPLOITATION Mustelus mustelus (Linnaeus, 1758) IS REGULATED Mustelus punctulatus (Risso, 1826) Petromyzon marinus (Linnaeus, 1758) Porifera Prionace glauca (Linnaeus, 1758) Hippospongia communis (Lamarck, 1813) Sciaena umbra (Linnaeus, 1758) Spongia (Spongia) lamella (Schulze, Squalus acanthias (Linnaeus, 1758) 1872) (synon. Spongia agaricina) Thunnus thynnus (Linnaeus, 1758) Spongia (Spongia) officinalis adriatica Umbrina cirrosa (Linnaeus, 1758) (Schmidt, 1862) Xiphias gladius (Linnaeus, 1758) Spongia (Spongia) officinalis officinalis (Linnaeus, 1759) Spongia (Spongia) zimocca (Schmidt, 1862)

Cnidaria Antipathes sp. plur. Corallium rubrum (Linnaeus, 1758)

Crustacea Homarus gammarus (Linnaeus, 1758) Maja squinado (Herbst, 1788) Palinurus elephas (Fabricius, 1787) Scyllarides latus (Latreille, 1803) Scyllarus arctus (Linnaeus, 1758) Scyllarus pygmaeus (Bate, 1888)

Echinodermata Paracentrotus lividus (Lamarck, 1816)

Pisces Alopias vulpinus (Bonnaterre, 1788) Alosa alosa (Linnaeus, 1758) Alosa fallax (Lacépède, 1803) Anguilla anguilla (Linnaeus, 1758) Carcharhinus plumbeus (Nardo, 1827) Centrophorus granulosus (Bloch & Schneider, 1801) Epinephelus marginatus (Lowe, 1834) 86

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

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 (Offshore Protocol) was adopted on 14 October 1994 and entered into force on 24 March 2011. 87

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Medi- terranean Sea against Pollution, adopted at Barcelona on 16 February 1976, Bearing in mind Article 7 of the said Convention, Bearing in mind the increase in the activities concerning exploration and exploitation of the Mediterranean seabed and its subsoil, Recognizing that the pollution which may result therefrom represents a serious danger to the environment and to human beings, Desirous of protecting and preserving the Mediterranean Sea from pollution resulting from exploration and exploitation activities, Taking into account the Protocols related to the Convention for the Protection of the Mediterranean Sea against Pollution and, in particular, the Protocol concerning Cooperation in Combating Pol- lution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency, adopted at Barcelona on 16 February 1976, and the Protocol concerning Mediterranean Specially Protected Ar- eas, adopted at Geneva on 3 April 1982, Bearing in mind the relevant provisions of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 De- cember 1982 and signed by many Contracting Parties, Recognizing the differences in levels of development among the coastal States, and taking account of the economic and social imperatives of the developing countries, 88

Have agreed as follows: – Maintenance, repair and other ancillary operations; SECTION I (e) “Pollution” is defined as in Article 2, GENERAL PROVISIONS paragraph (a), of the Convention; (f ) “Installation” means any fixed or Article 1 floating structure, and any integral DEFINITIONS part thereof, that is engaged in activities, including, in particular: For the purposes of this Protocol: [i] Fixed or mobile offshore drilling (a) “Convention” means the units; Convention for the Protection of [ii] Fixed or floating production units the Mediterranean Sea against including dynamically-positioned Pollution, adopted at Barcelona on units; 16 February 1976; [iii] Offshore storage facilities including (b) “Organization” means the body ships used for this purpose; referred to in Article 17 of the [iii] Offshore loading terminals and Convention; transport systems for the extracted (c) “Resources” means all mineral products, such as submarine resources, whether solid, liquid or pipelines; gaseous; [v] Apparatus attached to it and (d) “Activities concerning exploration equipment for the reloading, and/or exploitation of the resources processing, storage and disposal in the Protocol Area” (hereinafter of substances removed from the referred to as “activities”) means: seabed or its subsoil; [i] Activities of scientific research (g) “Operator” means: concerning the resources of the [i] Any natural or juridical person who seabed and its subsoil; is authorized by the Party [ii] Exploration activities: exercising jurisdiction over the area – Seismological activities; surveys where the activities are undertaken of the seabed and its subsoil; (hereinafter referred to as the sample taking; “Contracting Party”) in accordance – Exploration drilling; with this Protocol to carry out [iii] Exploitation activities: activities and/or who carries out – Establishment of an installation for such activities; or the purpose of recovering [ii] Any person who does not hold an resources, and activities connected authorization within the meaning therewith; of this Protocol but is de facto in – Development drilling; control of such activities; – Recovery, treatment and storage; (h) “Safety zone” means a zone – Transportation to shore by pipeline established around installations and loading of ships; in conformity with the provisions 89

of general international law and includes the substances listed in technical requirements, with the Appendix to this Protocol; appropriate markings to ensure the (m) “Oily mixture” means a mixture with safety of both navigation and the any oil content; installations; (n) “Sewage” means: (i) “Wastes” means substances [i] Drainage and other wastes from and materials of any kind, form or any form of toilets, urinals and description resulting from activities water-closet scuppers; covered by this Protocol which [ii] Drainage from medical premises are disposed of or are intended (dispensary, sick bay, etc. ) via wash for disposal or are required to be basins, wash tubs and scuppers disposed of; located in such premises; (j) “Harmful or noxious substances [iii] Other waste waters when mixed and materials” means substances with the drainages defined above; and materials of any kind, form or (o) “Garbage” means all kinds of description, which might cause food, domestic and operational pollution, if introduced into the waste generated during the normal Protocol Area; operation of the installation (k) “Chemical Use Plan” means a and liable to be disposed of plan drawn up by the operator of continuously or periodically, except any offshore installation which those substances which are defined shows: or listed elsewhere in this Protocol; [i] The chemicals which the operator (p) “Freshwater limit” means the place intends to use in the operations; in water courses where, at low tides [ii] The purpose or purposes for and in a period of low freshwater which the operator intends to use flow, there is an appreciable the chemicals; increase in salinity due to the [iii] The maximum concentrations presence of sea water. of the chemicals which the operator intends to use within any Article 2 other substances, and maximum GEOGRAPHICAL COVERAGE amounts intended to be used in any specified period; 1. The area to which this Protocol [iv] The area within which the applies (referred to in this Protocol chemical may escape into the as the “Protocol Area”) shall be: marine environment; (a) The Mediterranean Sea Area as (l) “Oil” means petroleum in any form defined in Article 1 of the including crude oil, fuel oil, oily Convention, including the sludge, oil refuse and refined continental shelf and the seabed products and, without limiting and its subsoil; the generality of the foregoing, (b) Waters, including the seabed and 90

its subsoil, on the landward side Article 4 of the baselines from which the GENERAL PRINCIPLES breadth of the territorial sea is measured and extending, in the 1. All activities in the Protocol case of watercourses, up to the Area, including erection on site freshwater limit. of installations, shall be subject 2. Any of the Contracting Parties to the prior written authorization to this Protocol (referred to in this for exploration or exploitation Protocol as “the Parties”) may from the competent authority. also include in the Protocol area Such authority, before granting wetlands or coastal areas of their the authorization, shall be territory. satisfied that the installation 3. Nothing in this Protocol, nor any has been constructed according act adopted on the basis of this to international standards and Protocol, shall prejudice the practice and that the operator has rights of any State concerning the the technical competence and the delimitation of the continental financial capacity to carry out the shelf. activities. Such authorization shall be granted in accordance with the Article 3 appropriate procedure, as defined GENERAL UNDERTAKINGS by the competent authority. 2. Authorization shall be refused 1. The Parties shall take, individually if there are indications that the or through bilateral or multilateral proposed activities are likely to cooperation, all appropriate cause significant adverse effects measures to prevent, abate, on the environment that could combat and control pollution in not be avoided by compliance the Protocol Area resulting from with the conditions laid down in activities, inter alia by ensuring the authorization and referred to that the best available techniques, in Article 6, paragraph 3, of this environmentally effective and Protocol. economically appropriate, are used 3. When considering approval of the for this purpose. siting of an installation, the 2. The Parties shall ensure that all Contracting Party shall ensure necessary measures are taken that no detrimental effects will be so that activities do not cause caused to existing facilities by such pollution. siting, in particular, to pipelines and cables. SECTION II AUTHORIZATION SYSTEM Article 5 REQUIREMENTS FOR AUTHORIZATIONS 91

1. The Contracting Party shall security to cover liability as prescribe that any application for prescribed in Article 27, paragraph authorization or for the renewal 2 (b). of an authorization is subject to 2. The competent authority may the submission of the project decide, for scientific research and by the candidate operator to the exploration activities, to limit the competent authority and that any scope of the requirements laid such application must include, in down in paragraph 1 of this Article, particular, the following: in the light of the nature, scope, (a) A survey concerning the effects duration and technical methods of the proposed activities on employed in the activities and of the the environment; the competent characteristics of the area. authority may, in the light of the nature, scope, duration and Article 6 technical methods employed in the GRANTING OF AUTHORIZATIONS activities and of the characteristics of the area, require that an 1. The authorizations referred to environmental impact assessment in Article 4 shall be granted only be prepared in accordance with after examination by the competent Annex IV to this Protocol; authority of the requirements listed (b) The precise definition of the in Article 5 and Annex IV. geographical areas where the 2. Each authorization shall specify activity is envisaged, including the activities and the period safety zones; of validity of the authorization, (c) Particulars of the professional establish the geographical limits of and technical qualifications of the the area subject to the authorization candidate operator and personnel and specify the technical on the installation, as well as of the requirements and the authorized composition of the crew; installations. The necessary safety (d) The safety measures as specified zones shall be established at a later in Article 15; appropriate stage. (e) The operator’s contingency plan 3. The authorization may impose as specified in Article 16; conditions regarding measures, (f) The monitoring procedures as techniques or methods designed to specified in Article 19; reduce to the minimum risks of and (g) The plans for removal of damage due to pollution resulting installations as specified in Article from the activities. 20; 4. The Parties shall notify the (h) Precautions for specially protected Organization as soon as possible areas as specified in Article 21; of authorizations granted or (i) The insurance or other financial renewed. The Organization shall 92

keep a register of all the authorized 1. The use and storage of chemicals installations in the Protocol Area. for the activities shall be approved by the competent authority, on the Article 7 basis of the Chemical Use Plan. SANCTIONS 2. The Contracting Party may regulate, limit or prohibit the use Each Party shall prescribe of chemicals for the activities in sanctions to be imposed for breach accordance with guidelines to be of obligations arising out of this adopted by the Contracting Parties. Protocol, or for non-observance 3. For the purpose of protecting the of the national laws or regulations environment, the Parties shall implementing this Protocol, or ensure that each substance and for non-fulfilment of the specific material used for activities is conditions attached to the accompanied by a compound authorization. description provided by the entity producing such substance or SECTION III material. WASTES AND HARMFUL OR NOXIOUS 4. The disposal into the Protocol Area SUBSTANCES AND MATERIALS of harmful or noxious substances and materials resulting from the Article 8 activities covered by this Protocol GENERAL OBLIGATION and listed in Annex I to this Protocol is prohibited. Without prejudice to other 5. The disposal into the Protocol Area standards or obligations referred of harmful or noxious substances to in this Section, the Parties and materials resulting from the shall impose a general obligation activities covered by this Protocol upon operators to use the best and listed in Annex II to this available, environmentally effective Protocol requires, in each case, and economically appropriate a prior special permit from the techniques and to observe competent authority. internationally accepted standards 6. The disposal into the Protocol regarding wastes, as well as the Area of all other harmful or noxious use, storage and discharge of substances and materials resulting harmful or noxious substances and from the activities covered by materials, with a view to minimizing this Protocol and which might the risk of pollution. cause pollution requires a prior general permit from the competent Article 9 authority. HARMFUL OR NOXIOUS SUBSTANCES AND 7. The permits referred to in MATERIALS paragraphs 5 and 6 above shall 93

be issued only after careful Article or to enforce more restrictive consideration of all the factors set standards that it may have adopted. forth in Annex III to this Protocol. Article 11 Article 10 SEWAGE OIL AND OILY MIXTURES AND DRILLING FLUIDS AND CUTTINGS 1. The Contracting Party shall prohibit the discharge of sewage 1. The Parties shall formulate and from installations permanently adopt common standards for the manned by 10 or more persons into disposal of oil and oily mixtures the Protocol Area except in cases from installations into the Protocol where: Area: (a) The installation is discharging (a) Such common standards shall be sewage after treatment as formulated in accordance with the approved by the competent provisions of Annex V, A; authority at a distance of at least (b) Such common standards shall not four nautical miles from the nearest be less restrictive than the land or fixed fisheries installation, following, in particular: leaving the Contracting Party to [i] For machinery space drainage, a decide on a case by case basis; or maximum oil content of 15 mg per (b) The sewage is not treated, but the litre whilst undiluted; discharge is carried out in [ii] For production water, a maximum accordance with international rules oil content of 40 mg per litre as and standards; or an average in any calendar month; (c) The sewage has passed through the content shall not at any time an approved sewage treatment exceed 100 mg per litre; plant certified by the competent (c) The Parties shall determine by authority. common agreement which method 2. The Contracting Party shall impose will be used to analyze the oil stricter provisions, as appropriate, content. where deemed necessary, inter 2. The Parties shall formulate and alia because of the regime of the adopt common standards for the currents in the area or proximity to use and disposal of drilling fluids any area referred to in Article 21. and drill cuttings into the Protocol 3. The exceptions referred to in Area. Such common standards paragraph 1 shall not apply if the shall be formulated in accordance discharge produces visible floating with the provisions of Annex V, B. solids or produces colouration, 3. Each Party shall take appropriate discolouration or opacity of the measures to enforce the common surrounding water. standards adopted pursuant to this 4. If the sewage is mixed with wastes 94

and harmful or noxious substances facilities, except as otherwise and materials having different authorized by the Protocol; disposal requirements, the more (b) Instructions are given to all stringent requirements shall apply. personnel concerning proper means of disposal; Article 12 (c) Sanctions are imposed in respect GARBAGE of illegal disposals.

1. The Contracting Party shall prohibit Article 14 the disposal into the Protocol Area EXCEPTIONS of the following products and materials: 1. The provisions of this Section shall (a) All plastics, including but not not apply in case of: limited to synthetic ropes, synthetic (a) Force majeure and in particular for fishing nets and plastic garbage disposals: bags; – to save human life, (b) All other non-biodegradable – to ensure the safety of installations, garbage, including paper products, – in case of damage to the rags, glass, metal, bottles, crockery, installation or its equipment, dunnage, lining and packing on condition that all reasonable materials. precautions have been taken after 2. Disposal into the Protocol Area the damage is discovered or after of food wastes shall take place as the disposal has been performed to far away as possible from land, in reduce the negative effects. accordance with international rules (b) The discharge into the sea of and standards. substances containing oil or 3. If garbage is mixed with other harmful or noxious substances discharges having different or materials which, subject to the disposal or discharge requirements, prior approval of the competent the more stringent requirements authority, are being used for the shall apply. purpose of combating specific pollution incidents in order to Article 13 minimize the damage due to the RECEPTION FACILITIES, pollution. INSTRUCTIONS AND SANCTIONS 2. However, the provisions of this Section shall apply in any case The Parties shall ensure that: where the operator acted with (a) Operators dispose satisfactorily the intent to cause damage or of all wastes and harmful or recklessly and with knowledge that noxious substances and materials damage will probably result. in designated onshore reception 3. Disposals carried out in the 95

circumstances referred to in 3. The competent authority shall paragraph 1 of this Article shall require a certificate of safety and be reported immediately to the fitness for the purpose (hereinafter Organization and, either through referred to as “certificate”) issued the Organization or directly, to by a recognized body to be any Party or Parties likely to be submitted in respect of production affected, together with full details platforms, mobile offshore drilling of the circumstances and of the units, offshore storage facilities, nature and quantities of wastes or offshore loading systems and harmful or noxious substances or pipelines and in respect of such materials discharged. other installations as may be specified by the Contracting Party. SECTION IV 4. The Parties shall ensure through SAFEGUARDS inspection that the activities are conducted by the operators in Article 15 accordance with this Article. SAFETY MEASURES Article 16 1. The Contracting Party within whose CONTINGENCY PLANNING jurisdiction activities are envisaged or are being carried out shall ensure 1. In cases of emergency the that safety measures are taken with Contracting Parties shall implement regard to the design, construction, mutatis mutandis the provisions placement, equipment, marking, of the Protocol concerning operation and maintenance of Cooperation in Combating Pollution installations. of the Mediterranean Sea by Oil and 2. The Contracting Party shall Other Harmful Substances in Cases ensure that at all times the operator of Emergency. has on the installations adequate 2. Each Party shall require operators equipment and devices, maintained in charge of installations under its in good working order, for jurisdiction to have a contingency protecting human life, preventing plan to combat accidental pollution, and combating accidental pollution coordinated with the contingency and facilitating prompt response to plan of the Contracting Party an emergency, in accordance with established in accordance with the the best available environmentally Protocol concerning Cooperation effective and economically in Combating Pollution of the appropriate techniques and Mediterranean Sea by Oil and Other the provisions of the operator’s Harmful Substances in Cases contingency plan referred to in of Emergency and approved in Article 16. conformity with the procedures 96

established by the competent which shall do their utmost to authorities. provide the assistance requested. 3. Each Contracting Party shall establish coordination for the For this purpose, a Party which development and implementation is also a Party to the Protocol of contingency plans. Such plans concerning Cooperation in shall be established in accordance Combating Pollution of the with guidelines adopted by Mediterranean Sea by Oil and Other the competent international Harmful Substances in Cases of organization. They shall, in Emergency shall apply the pertinent particular, be in accordance with provisions of the said Protocol. the provisions of Annex VII to this Protocol. Article 19 MONITORING Article 17 NOTIFICATION 1. The operator shall be required to measure, or to have measured Each Party shall require operators by a qualified entity, expert in the in charge of installations under its matter, the effects of the activities jurisdiction to report without delay on the environment in the light of to the competent authority: the nature, scope, duration and (a) Any event on their installation technical methods employed in the causing or likely to cause pollution activities and of the characteristics in the Protocol Area; of the area and to report on them (b) Any observed event at sea causing periodically or upon request by or likely to cause pollution in the the competent authority for the Protocol Area. purpose of an evaluation by such competent authority according Article 18 to a procedure established by MUTUAL ASSISTANCE IN CASES OF the competent authority in its EMERGENCY authorization system. 2. The competent authority shall In cases of emergency, a Party establish, where appropriate, a requiring assistance in order national monitoring system in to prevent, abate or combat order to be in a position to monitor pollution resulting from activities regularly the installations and the may request help from the other impact of the activities on the Parties, either directly or through environment, so as to ensure that the Regional Marine Pollution the conditions attached to the Emergency Response Centre for grant of the authorization are being the Mediterranean Sea (REMPEC), fulfilled. 97

Article 20 and notified to the Organization REMOVAL OF INSTALLATIONS and other competent international organizations and the Parties. 1. The operator shall be required by 3. The provisions of this Article the competent authority to remove apply also to installations disused any installation which is abandoned or abandoned by any operator or disused, in order to ensure safety whose authorization may have of navigation, taking into account been withdrawn or suspended in the guidelines and standards compliance with Article 7. adopted by the competent 4. The competent authority may international organization. Such indicate eventual modifications removal shall also have due regard to be made to the level of to other legitimate uses of the sea, activities and to the measures in particular fishing, the protection for the protection of the marine of the marine environment and environment which had initially the rights and duties of other been provided for. Contracting Parties. Prior to 5. The competent authority may such removal, the operator under regulate the cession or transfer its responsibility shall take all of authorized activities to other necessary measures to prevent persons. spillage or leakage from the site of 6. Where the operator fails to comply the activities. with the provisions of this Article, 2. The competent authority shall the competent authority shall require the operator to remove undertake, at the operator’s abandoned or disused pipelines expense, such action or actions as in accordance with paragraph 1 may be necessary to remedy the of this Article or to clean them operator’s failure to act. inside and abandon them or to clean them inside and bury them Article 21 so that they neither cause pollution, SPECIALLY PROTECTED AREAS endanger navigation, hinder fishing, threaten the marine environment, For the protection of the areas nor interfere with other legitimate defined in the Protocol concerning uses of the sea or with the rights Mediterranean Specially Protected and duties of other Contracting Areas and any other area Parties. The competent authority established by a Party and in shall ensure that appropriate furtherance of the goals stated publicity is given to the depth, therein, the Parties shall take position and dimensions of any special measures in conformity buried pipeline and that such with international law, either information is indicated on charts individually or through multilateral 98

or bilateral cooperation, to prevent, (a) Carrying out activities in a way abate, combat and control pollution that minimizes the risk of pollution; arising from activities in these (b) Preventing, abating, combating areas. and controlling pollution, especially in cases of emergency. In addition to the measures referred to in the Protocol Article 23 concerning Mediterranean Specially INTERNATIONAL RULES, Protected Areas for the granting of STANDARDS AND RECOMMENDED authorization, such measures may PRACTICES AND PROCEDURES include, inter alia: (a) Special restrictions or conditions 1. The Parties shall cooperate, either when granting authorizations for directly or through the Organization such areas: or other competent international [i] The preparation and evaluation of organizations, in order to: environmental impact (a) Establish appropriate scientific assessments; criteria for the formulation and [ii] The elaboration of special elaboration of international rules, provisions in such areas concerning standards and recommended monitoring, removal of installations practices and procedures for and prohibition of any discharge. achieving the aims of this Protocol; (b) Intensified exchange of (b) Formulate and elaborate such information among operators, the international rules, standards competent authorities, Parties and and recommended practices and the Organization regarding matters procedures; which may affect such areas. (c) Formulate and adopt guidelines in accordance with international SECTION V practices and procedures to ensure COOPERATION observance of the provisions of Annex VI. Article 22 2. The Parties shall, as soon as STUDIES AND RESEARCH PROGRAMMES possible, endeavour to harmonize their laws and regulations with In conformity with Article 13 of the international rules, standards the Convention, the Parties shall, and recommended practices and where appropriate, cooperate in procedures referred to in paragraph promoting studies and undertaking 1 of this Article. programmes of scientific and 3. The Parties shall endeavour, technological research for the as far as possible, to exchange purpose of developing new information relevant to their methods of: domestic policies, laws and 99

regulations and the harmonization submission of such information referred to in paragraph 2 of this shall be determined at the meetings Article. of the Parties.

Article 24 Article 26 SCIENTIFIC AND TECHNICAL TRANSBOUNDARY POLLUTION ASSISTANCE TO DEVELOPING COUNTRIES 1. Each Party shall take all measures 1. The Parties shall, directly or with necessary to ensure that activities the assistance of competent under its jurisdiction are so regional or other international conducted as not to cause pollution organizations, cooperate with beyond the limits of its jurisdiction. a view to formulating and, as 2. A Party within whose jurisdiction far as possible, implementing activities are being envisaged or programmes of assistance to carried out shall take into account developing countries, particularly in any adverse environmental effects, the fields of science, law, education without discrimination as to and technology, in order to prevent, whether such effects are likely abate, combat and control pollution to occur within the limits of its due to activities in the Protocol jurisdiction or beyond such limits. Area. 3. If a Party becomes aware of cases 2. Technical assistance shall in which the marine environment include, in particular, the is in imminent danger of being training of scientific, legal and damaged, or has been damaged, technical personnel, as well as by pollution, it shall immediately the acquisition, utilization and notify other Parties which in its production by those countries opinion are likely to be affected of appropriate equipment on by such damage, as well as advantageous terms to be agreed the Regional Marine Pollution upon among the Parties concerned. Emergency Response Centre for the Mediterranean Sea (REMPEC), Article 25 and provide them with timely MUTUAL INFORMATION information that would enable them, where necessary, to take The Parties shall inform one appropriate measures. REMPEC another directly or through the shall distribute the information Organization of measures taken, immediately to all relevant Parties. of results achieved and, if the case 4. The Parties shall endeavour, in arises, of difficulties encountered accordance with their legal systems in the application of this Protocol. and, where appropriate, on the Procedures for the collection and basis of an agreement, to grant 100

equal access to and treatment damages caused by the activities in administrative proceedings to covered by this Protocol. persons in other States who may be affected by pollution or other SECTION VI adverse effects resulting from FINAL PROVISIONS proposed or existing operations. 5. Where pollution originates in the Article 28 territory of a State which is not a APPOINTMENT OF COMPETENT Contracting Party to this Protocol, AUTHORITIES any Contracting Party affected shall endeavour to cooperate with the Each Contracting Party shall said State so as to make possible appoint one or more competent the application of the Protocol. authorities to: (a) Grant, renew and register the Article 27 authorizations provided for in LIABILITY AND COMPENSATION Section II of this Protocol; (b) Issue and register the special and 1. The Parties undertake to cooperate general permits referred to in as soon as possible in formulating Article 9 of this Protocol; and adopting appropriate rules and (c) Issue the permits referred to in procedures for the determination Annex V to this Protocol; of liability and compensation (d) Approve the treatment system and for damage resulting from the certify the sewage treatment plant activities dealt with in this Protocol, referred to in Article 11, paragraph in conformity with Article 16 of the 1, of this Protocol; Convention. (e) Give the prior approval for 2. Pending development of such exceptional discharges referred to procedures, each Party: in Article 14, paragraph 1 (b), of this (a) Shall take all measures necessary Protocol; to ensure that liability for damage (f) Carry out the duties regarding caused by activities is imposed safety measures referred to in on operators, and they shall Article 15, paragraphs 3 and 4, of be required to pay prompt and this Protocol; adequate compensation; (g) Perform the functions relating (b) Shall take all measures necessary to contingency planning described to ensure that operators shall have in Article 16 and Annex VII to this and maintain insurance cover or Protocol; other financial security of such (h) Establish monitoring procedures as type and under such terms as the provided in Article 19 of this Contracting Party shall specify in Protocol; order to ensure compensation for (i) Supervise the removal operations 101

of the installations as provided in or renewed in accordance with Article 20 of this Protocol. Section II of this Protocol; (d) To consider the information Article 29 concerning the permits issued and TRANSITIONAL MEASURES approvals given in accordance with Section III of this Protocol; Each Party shall elaborate (e) To adopt the guidelines referred to procedures and regulations in Article 9, paragraph 2, and Article regarding activities, whether 23, paragraph 1 (c), of this Protocol; authorized or not, initiated before (f) To consider the records of the the entry into force of this Protocol, contingency plans and means to ensure their conformity, as far as of intervention in emergencies practicable, with the provisions of adopted in accordance with Article this Protocol. 16 of this Protocol; (g) To establish criteria and formulate Article 30 international rules, standards MEETINGS and recommended practices and procedures in accordance with 1. Ordinary meetings of the Parties Article 23, paragraph 1, of this shall take place in conjunction Protocol, in whatever form the with ordinary meetings of the Parties may agree; Contracting Parties to the (h) To facilitate the implementation Convention held pursuant to of the policies and the achievement Article 18 of the Convention. The of the objectives referred to Parties may also hold extraordinary in Section V, in particular the meetings in accordance with Article harmonization of national and 18 of the Convention. European Community legislation 2. The functions of the meetings of in accordance with Article 23, the Parties to this Protocol shall be, paragraph 2, of this Protocol; inter alia: (i) To review progress made in the (a) To keep under review the implementation of Article 27 of this implementation of this Protocol Protocol; and to consider the efficacy of (j) To discharge such other functions the measures adopted and the as may be appropriate for the advisability of any other measures, application of this Protocol. in particular in the form of annexes and appendices; Article 31 (b) To revise and amend any annex or RELATIONS WITH THE CONVENTION appendix to this Protocol; (c) To consider the information 1. The provisions of the Convention concerning authorizations granted relating to any Protocol shall apply 102

with respect to this Protocol. of Spain, which will assume the 2. The rules of procedure and the functions of Depositary. financial rules adopted pursuant to 3. As from 15 October 1995, this Article 24 of the Convention shall Protocol shall be open for apply with respect to this Protocol, accession by the States referred unless the Parties to this Protocol to in paragraph 1 above, by the agree otherwise. European Community and by any grouping referred to in that Article 32 paragraph. FINAL CLAUSE 4. This Protocol shall enter into force on the thirtieth day following 1. This Protocol shall be open for the date of deposit of at least signature at Madrid from 14 six instruments of ratification, October 1994 to 14 October acceptance or approval of, or 1995, by any State Party to accession to, the Protocol by the the Convention invited to the Parties referred to in paragraph 1 of Conference of Plenipotentiaries this Article. of the Coastal States of the Mediterranean Region on the Protocol for the Protection of the Mediterranean Sea against Pollution resulting from Exploration and Exploitation of the Seabed and its Subsoil, held at Madrid on 13 and 14 October 1994. It shall also be open until the same dates for signature by the European Community and by any similar regional economic grouping of which at least one member is a coastal State of the Protocol Area and which exercises competence in fields covered by this Protocol in conformity with Article 30 of the Convention. 2. This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government 103

ANNEX I 9. Radioactive substances, including their wastes, if their discharges do not comply with the principles HARMFUL OR NOXIOUS SUBSTANCES AND of radiation protection as defined MATERIALS THE DISPOSAL OF WHICH IN by the competent international THE PROTOCOL AREA IS PROHIBITED organizations, taking into account the protection of the marine A. The following substances and environment materials and compounds thereof are listed for the purposes of B. The present Annex does not Article 9, paragraph 4, of the apply to discharges which contain Protocol. They have been selected substances listed in section A that mainly on the basis of their toxicity, are below the limits defined jointly persistence and bioaccumulation: by the Parties and, in relation to oil, 1. Mercury and mercury compounds below the limits defined in Article 2. Cadmium and cadmium 10 of this Protocol. compounds 3. Organotin compounds and substances which may form such compounds in the marine environment 4. Organophosphorus compounds and substances which may form such compounds in the marine environment1 5. Organohalogen compounds and substances which may form such compounds in the marine environment1 6. Crude oil, fuel oil, oily sludge, used lubricating oils and refined products 7. Persistent synthetic materials which may float, sink or remain in suspension and which may interfere with any legitimate use of the sea 8. Substances having proven 1 With the exception of those which are carcinogenic, teratogenic or biologically harmless or which are mutagenic properties in or through rapidly converted into biologically the marine environment harmless substances. 104

ANNEX II B. The control and strict limitation of the discharge of substances referred to in section A must be implemented in HARMFUL OR NOXIOUS SUBSTANCES accordance with Annex III. AND MATERIALS THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS SUBJECT TO A SPECIAL PERMIT

A. The following substances and materials and compounds thereof have been selected for the purpose of Article 9, paragraph 5, of the Protocol.

1. Arsenic 2. Lead 3. Copper 4. Zinc 5. Beryllium 6. Nickel 7. Vanadium 8. Chromium 9. Biocides and their derivatives not covered in Annex I 10. Selenium 11. Antimony 12. Molybdenum 13. Titanium 14. Tin 15. Barium (other than barium sulphate) 16. Boron 17. Uranium 18. Cobalt 19. Thallium 20. Tellurium 21. Silver 22. Cyanides 105

ANNEX III 3. Accumulation in biological materials or sediments; 4. Biochemical transformation FACTORS TO BE CONSIDERED FOR THE producing harmful compounds; ISSUE OF THE PERMITS 5. Adverse effects on the oxygen content and balance; For the purpose of the issue of a 6. Susceptibility to physical, chemical permit required under Article 9, and biochemical changes paragraph 7, particular account will and interaction in the aquatic be taken, as the case may be, of the environment with other sea-water following factors: constituents which may produce harmful biological or other effects A. Characteristics and composition on any of the uses listed in Section of the waste E below. 1. Type and size of waste source (e.g. industrial process); C. Characteristics of discharge site 2. Type of waste (origin, average and receiving marine environment composition); 1. Hydrographic, meteorological, 3. Form of waste (solid, liquid, sludge, geological and topographical slurry, gaseous); characteristics of the area; 4. Total amount (volume discharged, 2. Location and type of the discharge e.g. per year); (outfall, canal, outlet, etc.) and its 5. Discharge pattern (continuous, relation to other areas (such as intermittent, seasonally variable, amenity areas, spawning, nursery etc.); and fishing areas, shellfish grounds) 6. Concentrations with respect and other discharges; to major constituents, substances 3. Initial dilution achieved at the point listed in Annex I, substances listed of discharge into the receiving in Annex II, and other substances marine environment; as appropriate; 4. Dispersion characteristics such 7. Physical, chemical and biochemical as effects of currents, tides and properties of the waste. wind on horizontal transport and vertical mixing; B. Characteristics of waste 5. Receiving water characteristics constituents with respect to their with respect to physical, chemical, harmfulness biological and ecological conditions 1. Persistence (physical, chemical, in the discharge area; biological) in the marine 6. Capacity of the receiving marine environment; environment to receive waste 2. Toxicity and other harmful effects; discharges without undesirable effects. 106

D. Availability of waste technologies The methods of waste reduction and discharge for industrial effluents as well as domestic sewage should be selected taking into account the availability and feasibility of: (a) Alternative treatment processes; (b) Reuse or elimination methods; (c) On-land disposal alternatives; (d) Appropriate low-waste technologies.

E. Potential impairment of marine ecosystem and sea-water uses 1. Effects on human life through pollution impact on: (a) Edible marine organisms; (b) Bathing waters; (c) Aesthetics. 2. Effects on marine ecosystems, in particular living resources, endangered species and critical habitats. 3. Effects on other legitimate uses of the sea in conformity with international law.

107

ANNEX IV (h) A reference to the methodology used for the environmental impact assessment; ENVIRONMENTAL IMPACT ASSESSMENT (i) An indication of whether the environment of any other State 1. Each Party shall require that the is likely to be affected by the environmental impact assessment proposed activities. contains at least the following: 2. Each Party shall promulgate (a) A description of the geographical standards taking into account boundaries of the area within which the international rules, standards the activities are to be carried and recommended practices and out, including safety zones where procedures, adopted in accordance applicable; with Article 23 of the Protocol, (b) A description of the initial state of by which environmental impact the environment of the area; assessments are to be evaluated. (c) An indication of the nature, aims, scope and duration of the proposed activities; (d) A description of the methods, installations and other means to be used, possible alternatives to such methods and means; (e) A description of the foreseeable direct or indirect short and long- term effects of the proposed activities on the environment, including fauna, flora and the ecological balance; (f) A statement setting out the measures proposed for reducing to the minimum the risk of damage to the environment as a result of carrying out the proposed activities, including possible alternatives to such measures; (g) An indication of the measures to be taken for the protection of the environment from pollution and other adverse effects during and after the proposed activities; 108

ANNEX V (b) The disposal of the drill cuttings shall either be made on land or into the sea in an appropriate site or OIL AND OILY MIXTURES AND DRILLING area as specified by the competent FLUIDS AND CUTTINGS authority. 2. Oil-based drilling fluids and drill The following provisions shall cuttings are subject to the following be prescribed by the Parties in requirements: accordance with Article 10: (a) Such fluids shall only be used if they are of a sufficiently low A. Oil and Oily Mixtures toxicity and only after the operator 1. Spills of high oil content in has been issued a permit by the processing drainage and platform competent authority when it has drainage shall be contained, verified such low toxicity; diverted and then treated as part of (b) The disposal into the sea of such the product, but the remainder shall drilling fluids is prohibited; be treated to an acceptable level (c) The disposal of the drill cuttings before discharge, in accordance into the sea is only permitted on with good oilfield practice; condition that efficient solids 2. Oily waste and sludges from control equipment is installed separation processes shall be and properly operated, that the transported to shore; discharge point is well below the 3. All the necessary precautions shall surface of the water, and that the be taken to minimize losses of oil oil content is less than 100 grams into the sea from oil collected or of oil per kilogram dry cuttings; flared from well testing; (d) The disposal of such drill cuttings 4. All the necessary precautions in specially protected areas is shall be taken to ensure that any prohibited; gas resulting from oil activities (e) In case of production and should be flared or used in an development drilling, a programme appropriate manner. of seabed sampling and analysis relating to the zone of B. Drilling Fluids and Drill Cuttings contamination must be undertaken. 1. Water-based drilling fluids and 3. Diesel-based drilling fluids: drill cuttings shall be subject to the The use of diesel-based drilling following requirements: fluids is prohibited. Diesel oil may (a) The use and disposal of such exceptionally be added to drilling drilling fluids shall be subject to fluids in such circumstances as the the Chemical Use Plan and the Parties may specify. provisions of Article 9 of this Protocol; 109

ANNEX VI maintain these systems must be present and that this crew must undertake periodic exercises. SAFETY MEASURES In the case of authorized not permanently manned installations, The following provisions shall the permanent availability of a be prescribed by the Parties in specialized crew shall be ensured; accordance with Article 15: (d) That the installation and, where necessary, the established (a) That the installation must be safe safety zone, must be marked in and fit for the purpose for which accordance with international it is to be used, in particular, recommendations so as to give that it must be designed and adequate warning of its presence constructed so as to withstand, and sufficient details for its together with its maximum load, identification; any natural condition, including, (e) That in accordance with more specifically, maximum wind international maritime practice, and wave conditions as established the installations must be indicated by historical weather patterns, on charts and notified to those earthquake possibilities, seabed concerned; conditions and stability, and water (f) That, in order to secure observance depth; of the foregoing provisions, the (b) That all phases of the activities, person and/or persons having the including storage and transport responsibility for the installation of recovered resources, must be and/or the activities, including properly prepared, that the whole the person responsible for the activity must be open to control blow-out preventer, must have for safety reasons and must be the qualifications required by the conducted in the safest possible competent authority, and that way, and that the operator must sufficient qualified staff must apply a monitoring system for all be permanently available. Such activities; qualifications shall include, in (c) That the most advanced safety particular, training, on a continuing systems must be used and basis, in safety and environmental periodically tested in order to matters. minimize the dangers of leakages, spillages, accidental discharges, fire, explosions, blow-outs or any other threat to human safety or the environment, that a trained specialized crew to operate and 110

ANNEX VII fire, explosions, blow-outs and any other threat to human life or the CONTINGENCY PLAN environment; (h) That the most appropriate methods A. The operator’s contingency plan and techniques are known to the 1. Operators are obliged to ensure: specialized crew responsible for (a) That the most appropriate alarm reducing and preventing long-term system and communication system adverse effects on the environment; are available at the installation and (i) That the crew is thoroughly familiar they are in good working order; with the operator’s contingency (b) That the alarm is immediately plan, that periodic emergency raised on the occurrence of an exercises are held so that the crew emergency and that any emergency has a thorough working knowledge is immediately communicated to of the equipment and procedures the competent authority; and that each individual knows (c) That, in coordination with the exactly his role within the plan. competent authority, transmission 2. The operator shall cooperate, on an of the alarm and appropriate institutional basis, with other assistance and coordination of operators or entities capable of assistance can be organized and rendering necessary assistance, so supervised without delay; as to ensure that, in cases where (d) That immediate information about the magnitude or nature of an the nature and extent of the emergency creates a risk for which emergency is given to the crew assistance is or might be required, on the installation and to the such assistance can be rendered. competent authority; (e) That the competent authority B. National coordination and direction is constantly informed about The competent authority for the progress of combating the emergencies of a Contracting Party emergency; shall ensure: (f) That at all times sufficient and (a) The coordination of the national most appropriate materials and contingency plan and/or equipment, including stand-by procedures and the operator’s boats and aircraft, are available to contingency plan and control of the put into effect the emergency plan; conduct of actions, especially in (g) That the most appropriate case of significant adverse effects methods and techniques are of the emergency; known to the specialized crew (b) Direction to the operator to take referred to in Annex VI, paragraph any action it may specify in the (c), in order to combat leakages, course of preventing, abating spillages, accidental discharges, or combating pollution or in the 111

preparation of further action for by a contingency to enable them to that purpose, including placing an take appropriate measures where order for a relief drilling rig, or to necessary; prevent the operator from taking (j) The provision of technical any specified action; assistance to other Parties, if (c) The coordination of actions in necessary; the course of preventing, abating (k) Immediate communication to the or combating pollution or in competent international preparation for further action for organizations with a view to that purpose within the national avoiding danger to shipping and jurisdiction with such actions other interests. undertaken within the jurisdiction of other States or by international organizations; (d) Collection and ready availability of all necessary information concerning the existing activities; (e) The provision of an up-to-date list of the persons and entities to be alerted and informed about an emergency, its development and the measures taken; (f) The collection of all necessary information concerning the extent and means of combating contingencies, and the dissemination of this information to interested Parties; (g) The coordination and supervision of the assistance referred to in Part A above, in cooperation with the operator; (h) The organization and if necessary, the coordination of specified actions, including intervention by technical experts and trained personnel with the necessary equipment and materials; (i) Immediate communication to the competent authorities of other Parties which might be affected 112

APPENDIX Kerosene Mineral Spirit

List of Oils* Naphtha Solvent Asphalt solutions Petroleum Blending Stocks Heartcut Distillate Oil Roofers Flux Straight Run Residue Gasoline Blending Stocks Alkylates - fuel Oils Reformates Clarified Polymer - fuel Crude Oil Mixtures containing crude oil Gasolines Diesel Oil Casinghead (natural) Fuel Oil No. 4 Automotive Fuel Oil No. 5 Aviation Straight Run Fuel Oil No. 6 Fuel Oil No. 1 (Kerosene) Residual Fuel Oil Fuel Oil No. 1-D Road Oil Fuel Oil No. 2 Transformer Oil Fuel Oil No. 2-D Aromatic Oil (excluding vegetable oil) Lubricating Oils and Blending Stocks Mineral Oil Motor Oil Penetrating Oil Spindle Oil Turbine Oil

Distillates Straight Run Flashed Feed Stocks

Gas Oil Cracked

Jet Fuels JP-1 (Kerosene) JP-3 JP-4 JP-5 (Kerosene, Heavy) * The list of oils should not necessarily Turbo Fuel be considered as exhaustive. 113

Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal

The Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal (Hazardous Wastes Protocol) was adopted on 1 October 1996 and entered into force on 18 January 2008. 114

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Medi- terranean Sea against Pollution, adopted at Barcelona on 16 Febru- ary 1976 and amended on 10 June 1995, Conscious of the danger threatening the environment of the Mediterranean Sea caused by the transboundary movements and disposal of hazardous wastes, Convinced that the most effective way of protecting human health and the marine environment from the dangers posed by hazardous wastes is the reduction and elimination of their generation, for example through substitution and other clean production methods, Recognizing the increased will for the prohibition of transboundary movements of hazardous wastes and their disposal in other States, especially in developing countries, Taking into account the 1992 Rio Declaration on Environment and Development and especially Principle 14 which declares that States “should effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities or substances that cause severe environmental degradation or are found to be harmful to human health”, Aware of the growing international concern regarding the need to ensure that pollution originating in one State is not transferred to other States and, consistent with this objective, of the need to reduce transboundary movements of hazardous wastes to a minimum as far as possible, with the ultimate aim of phasing out such movements, Recognizing also that any State has the sovereign right to ban the entry, transit or disposal of hazardous wastes in its territory, Bearing in mind the relevant provisions of the United Nations Convention on the Law of the Sea of 1982, Taking into account also the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Dis- posal, adopted on 22 March 1989, in particular Article 11, and decisions I/22, II/12 and III/1 adopted by the First, Second and Third Meetings respectively of the Conference of the Parties to the Basel Convention, Taking into account further that many States, among them Contracting Parties to the Barcelona Convention, have taken legal measures and entered into international agreements consistent with the Basel Convention to ban transboundary movements of 115

hazardous wastes, for example, the IVth ACP/EEC Convention signed in Lomй on 15 December 1989 by the European Econom- ic Community and the African, Caribbean and Pacific Group of States, and the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa, adopted under the auspices of the Organization of African Unity on 30 January 1991, Recognizing further the differences in levels of economic and legislative development among the various Mediterranean coastal States, and realizing that hazardous waste should not be allowed to be transported in order to take advantage of such economic or legislative disparities to the detriment of the environment and of the social well-being of developing countries, Bearing in mind also the fact that the most effective way of dealing with the threats represented by wastes for human health and the environment consists in decreasing or even prohibiting the transfer of activities which generate hazardous wastes, 116

Have agreed as follows: of hazardous wastes which is authorized or permitted to operate Article 1 for this purpose by a relevant DEFINITIONS authority of the State where the site or facility is located; For the purposes of this Protocol: (h) “Competent authority” means one (a) “Convention” means the governmental authority designated Convention for the Protection of by a Party to be responsible, within the Mediterranean Sea against such geographical areas as the Pollution, adopted at Barcelona on Party may think fit, for receiving 16 February 1976 and amended on the notification of a transboundary 10 June 1995; movement of hazardous waste, and (b) A“Party” means a Contracting any information related to it, and for Party to this Protocol in accordance responding to such a notification; with Article 29, paragraph 1, of the (i) “Clean production methods” means Convention; those which reduce or avoid the (c) “Wastes” means substances or generation of hazardous wastes in objects which are disposed of or conformity with Articles 5 and 8 of are intended to be disposed of or this Protocol; are required to be disposed of by (j) “Environmentally sound the provisions of national law; management” of hazardous wastes (d) “Hazardous wastes” means wastes means taking all practicable steps or categories of substances to ensure that hazardous wastes as specified in Article 3 of this are collected, transported and Protocol; disposed of (including after-care of (e) “Disposal” means any operation disposal sites) in a manner which specified in Annex III to this will protect human health and the Protocol; environment against the adverse (f) “Transboundary movement” means effects which may result from such any movement of hazardous wastes; wastes from an area under the (k) “Area under the national jurisdiction national jurisdiction of one State of a State” means any land, marine to or through an area under the area or airspace within which a national jurisdiction of another State exercises administrative State or to or through an area not and regulatory responsibilities under the national jurisdiction in accordance with international of any State, provided at least law in regard to the protection of two States are involved in the human health or the environment; movement; (l) “State of export” means a (g) “Approved site or facility” means Party from which a transboundary a site or facility for the disposal movement of hazardous wastes 117

is planned to be initiated or is Member States of the Organization initiated; for Economic Co-operation and (m) “State of import” means a Party Development (OECD);* to which a transboundary (v) “Developed countries” means those movement of hazardous wastes countries which are Member States is planned or takes place for the of the Organization for Economic purpose of disposal therein or for Co-operation and Development the purpose of loading prior to (OECD);* disposal in an area not under the (w) “Organization” means the body national jurisdiction of any State; referred to in Article 2 (b) of the (n) “State of transit” means any State, Convention. other than the State of export or import, through which a movement * For the purpose of this Protocol, Monaco of hazardous wastes is planned or shall have the same rights and obliga- takes place; tions as Member States of the OECD. (o) “Exporter” means any person under the jurisdiction of the State of Article 2 export who arranges for hazardous PROTOCOL AREA wastes to be exported; (p) “Importer” means any person under The Protocol area as referred to the jurisdiction of the State of in this Protocol shall mean the import who arranges for hazardous area as defined in Article 1 of the wastes to be imported; Convention. (q) “Generator” means any person whose activity produces hazard- Article 3 ous wastes or, if that person is SCOPE OF THE PROTOCOL not known, the person who is in possession and/or control of those 1. This Protocol shall apply to: wastes; (a) Wastes that belong to any category (r) “Disposer” means any person to in Annex I to this Protocol; whom hazardous wastes are (b) Wastes that are not covered under shipped and who carries out the paragraph (a) above but are disposal of such wastes; defined as, or are considered to be, (s) “Illegal traffic” means any hazardous wastes by the domestic transboundary movement of legislation of the State of export, hazardous wastes as specified in import or transit; Article 9; (c) Wastes that possess any of the (t) “Person” means any natural or legal characteristics contained in Annex person; II to this Protocol; (u) “Developing countries” means (d) Hazardous substances that have those countries which are not been banned or are expired, or 118

whose registration has been 2. Each Party shall subsequently cancelled or refused through inform the Organization of any government regulatory action in the significant changes in information country of manufacture or export it has provided pursuant to for human health or environmental paragraph 1 of this Article. reasons, or have been voluntarily 3. The Organization shall inform withdrawn or omitted from all Parties of the information it has the government registration received pursuant to paragraphs 1 required for use in the country of and 2 of this Article. manufacture or export. 4. The Parties shall be responsible 2. Wastes which derive from the for making the information normal operations of ships, the transmitted to them by the discharge of which is covered by Organization under paragraph 3 another international instrument, of this Article available to their are excluded from the scope of this exporters. Protocol. 3. The generator, the exporter Article 5 or the importer, depending on GENERAL OBLIGATIONS the circumstances, shall bear the responsibility for checking with 1. The Parties shall take all the competent authorities of the appropriate measures to prevent, State of export, import or transit abate and eliminate pollution of the that a particular waste, prior to its Protocol area which can be caused transboundary movement, is not by transboundary movements and subject to this Protocol. disposal of hazardous wastes. 2. The Parties shall take all Article 4 appropriate measures to reduce NATIONAL DEFINITIONS to a minimum, and where possible OF HAZARDOUS WASTES eliminate, the generation of hazardous wastes. 1. Each Party to the Convention shall, 3. The Parties shall also take all within six months of becoming appropriate measures to reduce a Party, inform the Organization to a minimum the transboundary of the wastes, other than those movement of hazardous wastes, listed in Annex I to this Protocol, and if possible to eliminate such considered or defined as hazardous movement in the Mediterranean. wastes under its national To achieve this goal, Parties have legislation, and of any requirements the right individually or collectively concerning transboundary to ban the import of hazardous movement procedures applicable wastes. Other Parties shall respect to such wastes. this sovereign decision and not 119

permit the export of hazardous hazardous wastes cannot be wastes to States which have disposed of in an environmentally prohibited their import. sound manner in the country 4. Subject to the specific provisions in which they originated, relating to the transboundary transboundary movements of such movement of hazardous wastes wastes can be allowed if: through the territorial sea of a 1. The special situation of the State of transit, referred to in Mediterranean developing countries Article 6. 4 of this Protocol, all which do not have the technical Parties shall take appropriate legal, capabilities nor the disposal administrative and other measures facilities for the environmentally within the area under their sound management of hazardous jurisdiction to prohibit the export wastes is taken into consideration. and transit of hazardous wastes to 2. The competent authority of developing countries, and Parties the State of import ensures that which are not Member States of the the hazardous waste is disposed European Community* shall prohibit of in an approved site or facility all imports and transit of hazardous with the technical capacity for its wastes. environmentally sound disposal. 5. The Parties shall cooperate 3. The transboundary movement of with other United Nations hazardous wastes only takes place agencies, relevant international with the prior written notification of and regional organizations in the State of export as specified in order to prevent illegal traffic, and Annex IV to this Protocol, and the shall take appropriate measures prior written consent of the State(s) to achieve this goal, including of import and the State(s) of transit. criminal punishment measures This paragraph does not apply to in accordance with their national conditions of passage through the legislation. territorial sea, which are governed by paragraph 4 of this Article. * For the purposes of this Protocol, 4. The transboundary movement Monaco shall have the same rights and of hazardous wastes through the obligations as Member States of the territorial sea of a State of transit European Community. only takes place with the prior notification by the State of export Article 6 to the State of transit, as specified TRANSBOUNDARY MOVEMENT AND in Annex IV to this Protocol. After NOTIFICATION PROCEDURES reception of the notification, the State of transit brings to the In exceptional cases, unless attention of the State of export otherwise prohibited, when all the obligations relating to 120

passage through its territorial sea 1. In conformity with Article 13 of the in application of international law Convention, the Parties shall and the relevant provisions of its cooperate as far as possible in domestic legislation adopted in scientific and technological fields compliance with international law related to pollution from hazardous to protect the marine environment. wastes, particularly in the Where necessary, the State of implementation and development transit may take appropriate of new methods for reducing measures in accordance with and eliminating hazardous waste international law. This procedure generated through clean production must be complied with within the methods. delays provided for by the Basel 2. To this end, the Parties shall Convention. submit annual reports to the 5. Every State involved in a Organization regarding the transboundary movement ensures hazardous wastes they generate that such movement is consistent and transfer within the Protocol with international safety standards area in order to enable the and financial guarantees, in Organization to produce a particular the procedures and hazardous waste audit. standards set out in the Basel 3. The Parties shall cooperate in Convention. taking appropriate measures to implement the precautionary Article 7 approach based on prevention of DUTY TO REIMPORT pollution problems arising from hazardous wastes and their trans- The State of export shall reimport boundary movement and disposal. the hazardous wastes if the To this end, the Parties shall ensure transboundary movement cannot that clean production methods are be completed by reason of applied to production processes. impossibility of performance of the contracts relating to the movement Article 9 and disposal of the wastes. To ILLEGAL TRAFFIC this end, any State of transit shall not oppose, hinder or prevent the 1. For the purpose of this Protocol, return of those wastes to the State any transboundary movement of of export after being properly hazardous wastes in contravention informed by the State of export. of this Protocol or of other rules of international law shall be deemed Article 8 to be illegal traffic. REGIONAL COOPERATION 2. Each Party shall introduce appropriate national legislation to 121

prevent and punish illegal traffic, shall ensure, through cooperation including criminal penalties on all that the wastes in question are persons involved in such illegal disposed of as soon as possible in activities. an environmentally sound manner 3. In the case of illegal traffic due either in the State of export or the to the conduct of the generator or State of import or elsewhere as the exporter, the State of export appropriate. shall ensure that the wastes in 6. The Parties shall forward, as soon question are taken back by the as possible, all information exporter or the generator or, if relating to illegal traffic to the necessary, by itself, into the State Organization, which shall distribute of export within 30 days from the the information to all Contracting time the illegal traffic has come to Parties. its attention and that appropriate 7. The Parties shall cooperate to legal action is taken against the ensure that no illegal traffic contravenor(s). takes place. Upon request, the 4. In the case of illegal traffic due Organization shall assist Parties to the conduct of the importer in their identification of cases of or disposer, the State of import illegal traffic and shall circulate shall ensure that the wastes in immediately to the Parties question are eliminated according concerned any information it has to environmentally sound methods received regarding illegal traffic. by the importer within 30 days 8. The Organization shall undertake from the time the illegal traffic the necessary coordination with the has come to the attention of the Secretariat of the Basel Convention State of import; if not possible, in relation to the effective prevention the State of export shall ensure and monitoring of illegal traffic in that the wastes are taken back by hazardous wastes. Such coordination the exporter, the generator or, if shall be mainly based on: necessary, by itself into the State of (a) Exchange of information on cases export. The competent authorities or alleged cases of illegal traffic in of the importing or exporting States the Mediterranean and coordination shall ensure that legal proceedings of action to remedy such cases; according to this Protocol are taken (b) Providing assistance in the against the contravenor(s). field of capacity-building, including 5. In cases where the responsibility development of national legislation for the illegal traffic cannot be and of appropriate infrastructure assigned either to the exporter in the Mediterranean States with or generator or to the importer or a view to the prevention and disposer, the Parties concerned penalization of illegal traffic in or other Parties, as appropriate, hazardous wastes; 122

(c) The establishment of a mechanism the public, transmitted through to prevent and monitor illegal such channels as the Parties deem traffic in hazardous wastes in the appropriate. Mediterranean. 2. The State of export and the State of import shall, in accordance with Article 10 the provisions of this Protocol and ASSISTANCE TO DEVELOPING COUNTRIES whenever possible and appropriate, give the public an opportunity to The Parties shall, directly or with participate in relevant procedures the assistance of competent or with the aim of making known its other international organizations views and concerns. or bilaterally, cooperate with a view to formulating and implementing Article 13 programmes of financial and VERIFICATION technical assistance to developing countries for the implementation of 1. Any Party which has reason to this Protocol. believe that another Party is acting or has acted in breach Article 11 of its obligations under this TRANSMISSION OF INFORMATION Protocol informs the Organization thereof, and, in such an event, The Parties shall inform one simultaneously and immediately another through the Organization of informs, directly or through the measures taken, of results achieved Organization, the Party against and, if the case arises, of difficulties whom the allegations are made. encountered in the application of 2. The Organization shall carry out this Protocol. Procedures for the a verification of the substance of the collection and distribution of such allegation through consultation with information shall be determined at the Parties concerned and submit a the meetings of the Parties. report thereon to the Parties.

Article 12 Article 14 INFORMATION TO AND PARTICIPATION OF LIABILITY AND COMPENSATION THE PUBLIC The Parties shall cooperate with 1. In the exceptional cases in a view to setting out, as soon as which transboundary movement possible, appropriate guidelines for of hazardous wastes is permitted the evaluation of the damage, as under Article 6 of this Protocol, the well as rules and procedures in the Parties shall ensure that adequate field of liability and compensation information is made available to for damage resulting from the 123

transboundary movement and The meeting of the Parties shall disposal of hazardous wastes. adopt, by a two-thirds (2/3) majority, any additional programmes and Article 15 measures for the prevention and MEETINGS elimination of pollution from transboundary movements of 1. Ordinary meetings of the Parties hazardous wastes and their shall take place in conjunction with disposal. ordinary meetings of the Contracting Parties to the Convention held Article 17 pursuant to Article 18 of the FINAL CLAUSES Convention. The Parties to this Protocol may also hold extraordinary 1. The provisions of the Convention meetings in conformity with Article relating to any Protocol shall apply 18 of the Convention. with respect to this Protocol. 2. The functions of the meetings of 2. The rules of procedure and the the Parties shall be, inter alia: financial rules adopted pursuant to (a) To keep under review the Article 24 of the Convention shall implementation of this Protocol, apply with respect to this Protocol, and consider any additional unless the Parties to this Protocol measures, including in the form of agree otherwise. annexes; 3. This Protocol shall be open for (b) To revise and amend this Protocol signature at Izmir on 1 October and any annex thereto, as 1996, and at Madrid from 2 October appropriate; 1996 to 1 October 1997 by any (c) To formulate and adopt State Party to the Convention. It programmes, methods and shall also be open on the same measures in accordance with the dates for signature by the European relevant Articles of this Protocol; Community and by any similar (d) To consider any information regional economic grouping of submitted by the Parties to the which at least one member is a Organization or to the meetings of coastal State of the Protocol area the Parties in accordance with the and which exercises competence in relevant Articles of this Protocol; the fields covered by this Protocol. (e) To perform such other functions as 4. This Protocol shall be subject to may be appropriate for the ratification, acceptance or approval. application of this Protocol. Instruments of ratification, acceptance or approval shall be Article 16 deposited with the Government ADOPTION OF ADDITIONAL PROGRAMMES of Spain, which will assume the AND MEASURES functions of Depositary. 124

5. As from 2 October 1997, this Protocol shall be open for accession by the States referred to in paragraph 3 above, by the European Community and by any grouping referred to in that paragraph. 6 This Protocol shall enter into force on the thirtieth (30) day following the deposit of at least six instruments of ratification, acceptance or approval of, or accession to, the Protocol by the Parties referred to in paragraph 3 of this Article.

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ANNEX I terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) Y11 Waste tarry residues arising from CATEGORIES OF WASTES SUBJECT TO refining, distillation and any THIS PROTOCOL pyrolytic treatment Y12 Wastes from production, A. HAZARDOUS WASTES formulation and use of inks, dyes, pigments, paints, lacquers, Y0 All wastes containing or varnishes contaminated by radionuclides, Y13 Wastes from production, the radionuclide concentration or formulation and use of resins, properties of which result from latex, plasticizers, glues/ human activity adhesives Y1 Clinical wastes from medical Y14 Waste chemical substances care in hospitals, medical arising from research and centres and clinics development or teaching Y2 Wastes from the production activities which are not identified and preparation of and/or are new and whose pharmaceutical products effects on man and/or the Y3 Waste pharmaceuticals, drugs environment are not known and medicines Y15 Wastes of an explosive nature Y4 Wastes from the production, not subject to other legislation formulation and use of biocides Y16 Wastes from production, and phytopharmaceuticals formulation and use of Y5 Wastes from manufacturing, photographic chemicals and formulation and use of wood processing materials preserving chemicals Y17 Wastes resulting from surface Y6 Wastes from the production, treatment of metals and plastics formulation and use of organic Y18 Residues arising from industrial solvents waste disposal operations Y7 Wastes from heat treatment and tempering operations Wastes having as constituents: containing cyanides Y19 Metal carbonyls Y8 Waste mineral oils unfit for their Y20 Beryllium; beryllium compounds originally intended use Y21 Hexavalent chromium Y9 Waste oils/water, hydrocarbons/ compounds water mixtures, emulsions Y22 Copper compounds Y10 Waste substances and articles Y23 Zinc compounds containing or contaminated Y24 Arsenic; arsenic compounds with polychlorinated biphenyls Y25 Selenium; selenium compounds (PCBs) and/or polychlorinated Y26 Cadmium; cadmium compounds 126

Y27 Antimony; antimony compounds Y28 Tellurium; tellurium compounds Y29 Mercury; mercury compounds Y30 Thallium; thallium compounds Y31 Lead; lead compounds Y32 Inorganic fluorine compounds excluding calcium fluoride Y33 Inorganic cyanides Y34 Acidic solutions or acids in solid form Y35 Basic solutions or bases in solid form Y36 Asbestos (dust and fibres) Y37 Organic phosphorus compounds Y38 Organic cyanides Y39 Phenols; phenolic compounds including chlorophenols Y40 Ethers Y41 Halogenated organic solvents Y42 Organic solvents excluding halogenated solvents Y43 Any congener of polychlorinated dibenzo-furan Y44 Any congener of polychlorinated dibenzo-p-dioxin Y45 Organohalogen compounds other than substances referred to in this Annex (e. g. Y39, Y41, Y42, Y43, Y44)

B. HOUSEHOLD WASTES

Y46 Wastes collected from households, including sewage and sewage sludges Y47 Residues arising from the incineration of household wastes.

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ANNEX II

LIST OF HAZARDOUS CHARACTERISTICS

UN Class* Code Characteristics

1 H1 Explosive An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. 3 H3 Flammable liquids The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example paints, varnishes, lacquers, etc. , but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than60. 5 degrees C, closed-cup test, or not more than 65. 6 degrees C, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such difference would be within the spirit of this definition.) 4. 1 H4. 1 Flammable solids Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. 4. 2 H4. 2 Substances or wastes liable to spontaneous combustion Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or in heating up on contact with air, and being liable to catch fire. 128

UN Class* Code Characteristics

4. 3 H4. 3 Substances or wastes which, in contact with water, emit flammable gases Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. 5. 1 H5. 1 Oxidizing Substances or wastes which, while in themselves not necessarily combustible, may generally by yielding oxygen, cause or contribute to the combustion of other materials. 5. 2 H5. 2 Organic peroxides Organic substances or wastes which contain the bivalent- O-O-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. 6. 1 H6. 1 Poisonous (Acute) Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact. 6. 2 H6. 2 Infectious substances Substances or wastes containing viable microorganisms or their toxins which are known or suspected to cause disease in animals or humans. 8 H8 Corrosives Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. 9 H10 Liberation of toxic gases in contact with air or water Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities. 9 H11 Toxic (Delayed or chronic) Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity. 129

UN Class* Code Characteristics

9 H12 Ecotoxic Substances or wastes which if released present or may present immediate or delayed adverse impacts on the environment by means of bioaccumulation and/or toxic effects upon biotic systems. 9 H13 Capable, by any means, after disposal, of yielding another material, e. g. leachate, which possesses any of the characteristics listed above.

* Corresponds to the hazardous classification system included in the United Nations Recommendations on the Transport of Dangerous Goods (ST/SG/AC. 10/1/Rev. 5, United Nations, New York, 1988).

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ANNEX III isolated from one another and the environment, etc. ) D6 Release into a water body except DISPOSAL OPERATIONS seas/oceans D7 Release into seas/oceans The list of disposal operations including sea-bed insertion contained in this Annex reflects D8 Biological treatment not specified those which occur or have elsewhere in this Annex which occurred in practice. It does results in final compounds or not necessarily reflect a list of mixtures which are discarded by acceptable disposal operations. means of any of the operations in Pursuant to Articles 5 and 6 of this Section A Protocol, hazardous wastes must D9 Physico-chemical treatment not in any event be managed in an specified elsewhere in this Annex environmentally sound manner. which results in final compounds or mixtures which are discarded by means of any of the operations A. Operations which do not lead to in Section A (e. g. evaporation, the possibility of resource drying, calcination, neutralization, recovery, recycling, reclamation, precipitation, etc. ) direct reuse or alternative uses. D10 Incineration on land Section A encompasses all such D11 Incineration at sea disposal operations which occur in D12 Permanent storage (e. g. practice. emplacement of containers in mines, etc. ) D1 Deposit into or onto land (e. g. D13 Blending or mixing prior to landfill, etc. ) submission to any of the D2 Land treatment (e. g. operations in Section A biodegradation of liquid or sludgy D14 Repackaging prior to submission discards in soils, etc. ) to any of the operations in Section D3 Deep injection (e. g. injection A of pumpable discards into wells, D15 Storage pending any of the salt domes or naturally occurring operations in Section A repositories, etc. ) D4 Surface impoundment (e. g. B. Operations which may lead placement of liquid or sludge to resource recovery, recycling, discards into pits, ponds, lagoons, reclamation, direct reuse or etc. ) alternative uses. D5 Specially engineered landfill (e. Section B encompasses all g. placement into lined discrete such operations with respect cells which are capped and to materials legally defined as 131

or considered to be hazardous wastes and which otherwise would have been destined for operations included in Section A.

R1 Use as a fuel (other than in direct incineration) or other means to generate energy R2 Solvent reclamation/regeneration R3 Recycling/reclamation of organic substances which are not used as solvents R4 Recycling/reclamation of metals and metal compounds R5 Recycling/reclamation of other inorganic materials R6 Regeneration of acids or bases R7 Recovery of components used for pollution abatement R8 Recovery of components from catalysts R9 Used oil re-refining or other reuses of previously used oil R10 Land treatment resulting in benefit to agriculture or ecological improvement R11 Uses of residual materials obtained from any of the operations numbered R1-R10 R12 Exchange of wastes for submission to any of the operations numbered R1-R11 R13 Accumulation of material intended for any operation in Section B

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ANNEX IV (A) 15. Process by which the waste is generated 7/; 16. Code according to ANNEX I, INFORMATION TO BE PROVIDED ON classifications according to NOTIFICATION ANNEX II, H number, and UN class; 17. Method of disposal as per 1. Reason for waste export; ANNEX III; 2. Exporter of the waste 1/; 18. Declaration by the generator 3. Generator(s) of the waste and site and exporter that the information is of generation 1/; correct; 4. Importer and disposer of the waste 19. Information transmitted (including and actual site of disposal 1/; technical description of the plant) 5. Intended carrier(s) of the waste or to the exporter or generator from their agents, if known 1/; the disposer of the waste upon 6. Country of export of the waste which the latter has based his Competent authority 2/; assessment that there is no reason 7. Expected countries of transit to believe that the waste will not Competent authority 2/; be managed in an environmentally 8. Country of import of the waste sound manner in accordance with Competent authority 2/; the laws and regulations of the 9. Projected date(s) of shipment(s) country of import; and period of time over which 20. Information concerning the waste is to be exported and contract between the exporter and proposed itinerary (including point the disposer. of entry and exit) 3/; 10. Means of transport envisaged (road, rail, sea, air, inland waters); 11. Information relating to insurance 4/; 12. Designation and physical description of the waste including Y number and UN number and its composition 5/ and information on any special handling requirements including emergency provisions in case of accidents; 13. Type of packaging envisaged (e. g. bulk, drums, tanker); 14. Estimated quantity in weight/ volume 6/; 133

NOTES The Organization should make use of a Notification Form and accompanying documents such as those developed within the framework of the Basel Convention, the OECD and the European Community. 1/ Full name and address, telephone, telex or telefax number and the name, address, telephone, telex or telefax number of the person to be contacted. 2/ Full name and address, telephone, telex or telefax number. 3/ In the case of a general notification covering several shipments, either the expected dates of each shipment or, if this is not known, the expected frequency of the shipments will be required. 4/ Information to be provided on relevant insurance requirements and how they are met by exporter, carrier and disposer. 5/ The nature and the concentration of the most hazardous components, in terms of toxicity and other dangers presented by the waste both in handling and in relation to the proposed disposal method. 6/ In the case of a general notification covering several shipments, both the estimated total quantity and the estimated quantities for each individual shipment will be required. 7/ Insofar as this is necessary to assess the hazard and determine the appropriateness of the proposed disposal operation.

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ANNEX IV (B) at designated disposal facility and indication of method of disposal and of the approximate date of INFORMATION TO BE PROVIDED ON THE disposal. MOVEMENT DOCUMENT 14. The insurance documents, bond or other guarantee as may be required 1. Exporter of the waste 1/; by the Parties, as provided in Article 2. Generator(s) of the waste and site 6, paragraph 5. of generation 1/; 3. Disposer of the waste and actual site of disposal 1/; NOTES 4. Carrier(s) of the waste 1/ or his The Organization should make agent(s); use of a Movement Document and 5. The date the transboundary accompanying documents such as movement started and date(s) and those developed within the framework signature on receipt by each person of the Basel Convention, the OECD and who takes charge of the waste; the European Community. 6. Means of transport (road, rail, The information required on the inland waterway, sea, air) including Movement Document shall where countries of export, transit and possible be integrated in one import, also point of entry and exit document with that required under where these have been designated; transport rules. Where this is not 7. General description of the waste possible, the information should (physical state, proper UN shipping complement rather than duplicate that name and class, UN number, required under the transport rules. Y number and H number as The Movement Document shall carry applicable); instructions as to who is to provide 8. Information on special handling information and fill out any form. requirements including emergency provision in case of accidents; 1/ Full name and address, telephone, 9. Type and number of packages; telex or telefax number and the name, 10. Quantity in weight/volume; address, telephone, telex or telefax 11. Declaration by the generator number of the person to be contacted or exporter that the information is in case of emergency. correct; 12. Declaration by the generator or exporter indicating no objection from the competent authorities of all States concerned which are Parties; 13. Certification by disposer of receipt 135

Protocol on Integrated Coastal Zone Management in the Mediterranean

The Protocol on Integrated Coastal Zone Management in the Mediterranean (ICZM Protocol) was adopted on 21 January 2008 and entered into force on 24 March 2011. 136

The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted at Barcelona on 16 February 1976, and amended on 10 June 1995, Desirous of implementing the obligations set out in Article 4, paragraphs 3(e) and 5, of the said Convention, Considering that the coastal zones of the Mediterranean Sea are the common natural and cultural heritage of the peoples of the Mediterranean and that they should be preserved and used judi- ciously for the benefit of present and future generations, Concerned at the increase in anthropic pressure on the coastal zones of the Mediterranean Sea which is threatening their fragile nature and desirous of halting and reversing the process of coastal zone degradation and of significantly reducing the loss of biodiversity of coastal ecosystems, Worried by the risks threatening coastal zones due to climate change, which is likely to result, inter alia, in a rise in sea level, and aware of the need to adopt sustainable measures to reduce the negative impact of natural phenomena, Convinced that, as an irreplaceable ecological, economic and social resource, the planning and management of coastal zones with a view to their preservation and sustainable development requires a specific integrated approach at the level of the Mediterra- nean basin as a whole and of its coastal States, taking into account their diversity and in particular the specific needs of islands related to geomorphological characteristics. Taking into account the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, the Con- vention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2 February 1971, and the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, to which many Mediterranean coastal States and the Europe- an Community are Parties, Concerned in particular to act in cooperation for the development of appropriate and integrated plans for coastal zone management pursuant to Article 4, paragraph 1(e), of the United Nations Frame- work Convention on Climate Change, done at New York on 9 May 1992, Drawing on existing experience with integrated coastal zone management and the work of various organizations, including the European institutions, 137

Based upon the recommendations and work of the Mediter- ranean Commission on Sustainable Development and the recommendations of the Meetings of the Contracting Parties held in Tunis in 1997, Monaco in 2001, Catania in 2003, and Portoroz in 2005, and the Mediterranean Strategy for Sustainable Devel- opment adopted in Portoroz in 2005, Resolved to strengthen at the Mediterranean level the efforts made by coastal States to ensure integrated coastal zone management, Determined to stimulate national, regional and local initiatives through coordinated promotional action, cooperation and partnership with the various actors concerned with a view to promoting efficient governance for the purpose of integrated coastal zone management, Desirous of ensuring that coherence is achieved with regard to integrated coastal zone management in the application of the Convention and its Protocols, 138

Have agreed as follows: of the seashore in which the interaction between the marine and PART I land parts occurs in the form of GENERAL PROVISIONS complex ecological and resource systems made up of biotic and Article 1 abiotic components coexisting GENERAL OBLIGATIONS and interacting with human communities and relevant socio- In conformity with the Convention economic activities. for the Protection of the Marine (f) “Integrated coastal zone Environment and the Coastal management” means a dynamic Region of the Mediterranean and process for the sustainable its Protocols, the Parties shall management and use of coastal establish a common framework for zones, taking into account at the the integrated management of the same time the fragility of coastal Mediterranean coastal zone and ecosystems and landscapes, the shall take the necessary measures diversity of activities and uses, to strengthen regional co-operation their interactions, the maritime for this purpose. orientation of certain activities and uses and their impact on both the Article 2 marine and land parts. DEFINITIONS Article 3 For the purposes of this Protocol: GEOGRAPHICAL COVERAGE (a) “Parties” means the Contracting Parties to this Protocol. 1. The area to which the Protocol (b) “Convention” means the applies shall be the Mediterranean Convention for the Protection Sea area as defined in Article 1 of of the Marine Environment the Convention. The area is also and the Coastal Region of the defined by: Mediterranean, done at Barcelona (a) the seaward limit of the coastal on 16 February 1976, as amended zone, which shall be the external on 10 June 1995. limit of the territorial sea of Parties; (c) “Organization” means the body and referred to in Article 17 of the (b) the landward limit of the coastal Convention. zone, which shall be the limit of the (d) “Centre” means the Priority Actions competent coastal units as defined Programme Regional Activity by the Parties. Centre. 2. If, within the limits of its (e) “Coastal zone” means the sovereignty, a Party establishes geomorphologic area either side limits different from those 139

envisaged in paragraph 1 of this modalities of passage through Article, it shall communicate a straits used for international declaration to the Depositary at the navigation and the right of innocent time of the deposit of its instrument passage in territorial seas, as well of ratification, acceptance, approval as the nature and extent of the of, or accession to this Protocol, or jurisdiction of the coastal State, the at any other subsequent time, in so flag State or the port State. far as: 2. No act or activity undertaken on the (a) the seaward limit is less than the basis of this Protocol shall external limit of the territorial sea; constitute grounds for claiming, (b) the landward limit is different, contending or disputing any either more or less, from the claim to national sovereignty or limits of the territory of coastal jurisdiction. units as defined above, in order 3. The provisions of this Protocol to apply, inter alia, the ecosystem shall be without prejudice to stricter approach and economic and provisions respecting the protection social criteria and to consider the and management of the coastal specific needs of islands related to zone contained in other existing geomorphological characteristics or future national or international and to take into account the instruments or programmes. negative effects of climate change. 4. Nothing in this Protocol shall 3. Each Party shall adopt or promote prejudice national security and at the appropriate institutional defence activities and facilities; level adequate actions to inform however, each Party agrees that populations and any relevant actor such activities and facilities should of the geographical coverage of the be operated or established, so far present Protocol. as is reasonable and practicable, in a manner consistent with this Article 4 Protocol. PRESERVATION OF RIGHTS Article 5 1. Nothing in this Protocol nor any act OBJECTIVES OF INTEGRATED COASTAL adopted on the basis of this ZONE MANAGEMENT Protocol shall prejudice the rights, the present and future claims or The objectives of integrated coastal legal views of any Party relating zone management are to: to the Law of the Sea, in particular (a) facilitate, through the rational the nature and the extent of marine planning of activities, the areas, the delimitation of marine sustainable development of areas between States with opposite coastal zones by ensuring that or adjacent coasts, the right and the environment and landscapes 140

are taken into account in harmony (b) All elements relating to with economic, social and cultural hydrological, geomorphological, development; climatic, ecological, socio- (b) preserve coastal zones for economic and cultural systems the benefit of current and future shall be taken into account in an generations; integrated manner, so as not to (c) ensure the sustainable use of exceed the carrying capacity of natural resources, particularly with the coastal zone and to prevent regard to water use; the negative effects of natural (d) ensure preservation of the integrity disasters and of development. of coastal ecosystems, landscapes (c) The ecosystems approach to and geomorphology; coastal planning and management (e) prevent and/or reduce the effects shall be applied so as to ensure the of natural hazards and in particular sustainable development of coastal of climate change, which can zones. be induced by natural or human (d) Appropriate governance allowing activities; adequate and timely participation (f) achieve coherence between public in a transparent decision-making and private initiatives and between process by local populations all decisions by the public and stakeholders in civil society authorities, at the national, regional concerned with coastal zones shall and local levels, which affect the be ensured. use of the coastal zone. (e) Cross-sectorally organized institutional coordination of the Article 6 various administrative services GENERAL PRINCIPLES OF INTEGRATED and regional and local authorities COASTAL ZONE MANAGEMENT competent in coastal zones shall be required. In implementing this Protocol, (f) The formulation of land use the Parties shall be guided by the strategies, plans and programmes following principles of integrated covering urban development and coastal zone management: socio-economic activities, as well as other relevant sectoral policies, (a) The biological wealth and the shall be required. natural dynamics and functioning (g) The multiplicity and diversity of of the intertidal area and the activities in coastal zones shall be complementary and interdependent taken into account, and priority shall nature of the marine part and the be given, where necessary, to public land part forming a single entity services and activities requiring, shall be taken particularly into in terms of use and location, the account. immediate proximity of the sea. 141

(h) The allocation of uses throughout activities that may be achieved the entire coastal zone should through joint consultative bodies or be balanced, and unnecessary joint decision-making procedures. concentration and urban sprawl 2. Competent national, regional and should be avoided. local coastal zone authorities (i) Preliminary assessments shall shall, insofar as practicable, be made of the risks associated work together to strengthen the with the various human activities coherence and effectiveness of and infrastructure so as to prevent the coastal strategies, plans and and reduce their negative impact programmes established. on coastal zones. (j) Damage to the coastal environment PART II shall be prevented and, where it ELEMENTS OF INTEGRATED COASTAL occurs, appropriate restoration ZONE MANAGEMENT shall be effected. Article 8 Article 7 PROTECTION AND SUSTAINABLE USE OF COORDINATION THE COASTAL ZONE

1. For the purposes of integrated 1. In conformity with the objectives coastal zone management, the and principles set out in Articles 5 Parties shall: and 6 of this Protocol, the Parties (a) ensure institutional coordination, shall endeavour to ensure the where necessary through sustainable use and management appropriate bodies or mechanisms, of coastal zones in order to in order to avoid sectoral preserve the coastal natural approaches and facilitate habitats, landscapes, natural comprehensive approaches; resources and ecosystems, in (b) organize appropriate coordination compliance with international and between the various authorities regional legal instruments. competent for both the marine and 2. For this purpose, the Parties: the land parts of coastal zones (a) Shall establish in coastal zones, in the different administrative as from the highest winter services, at the national, regional waterline, a zone where and local levels; construction is not allowed. Taking (c) organize close coordination into account, inter alia, the areas between national authorities and directly and negatively affected by regional and local bodies in the climate change and natural risks, field of coastal strategies, plans this zone may not be less than and programmes and in relation 100 meters in width, subject to the to the various authorizations for provisions of subparagraph (b) 142

below. Stricter national measures (d) providing for freedom of access determining this width shall by the public to the sea and along continue to apply. the shore; (b) May adapt, in a manner consistent (e) restricting or, where necessary, with the objectives and principles prohibiting the movement and of this Protocol, the provisions parking of land vehicles, as well as mentioned above: the movement and anchoring of 1) for projects of public interest; marine vessels, in fragile natural 2) in areas having particular areas on land or at sea, including geographical or other local beaches and dunes. constraints, especially related to population density or social Article 9 needs, where individual housing, ECONOMIC ACTIVITIES urbanisation or development are provided for by national legal 1. In conformity with the objectives instruments. and principles set forth in Articles (c) Shall notify to the Organization 5 and 6 of this Protocol, and taking their national legal instruments into account the relevant provisions providing for the above of the Barcelona Convention and its adaptations. Protocols, the Parties shall: 3. The Parties shall also endeavour (a) accord specific attention to to ensure that their national legal economic activities that require instruments include criteria for immediate proximity to the sea; sustainable use of the coastal (b) ensure that the various economic zone. Such criteria, taking into activities minimize the use of natural account specific local conditions, resources and take into account the shall include, inter alia, the needs of future generations; following: (c) ensure respect for integrated (a) identifying and delimiting, outside water resources management protected areas, open areas in and environmentally sound waste which urban development and management; other activities are restricted or, (d) ensure that the coastal and where necessary, prohibited; maritime economy is adapted to (b) limiting the linear extension of the fragile nature of coastal zones urban development and the and that resources of the sea are creation of new transport protected from pollution; infrastructure along the coast; (e) define indicators of the (c) ensuring that environmental development of economic activities concerns are integrated into the to ensure sustainable use of coastal rules for the management and use zones and reduce pressures that of the public maritime domain; exceed their carrying capacity; 143

(f) promote codes of good practice prohibit the practice of various among public authorities, economic sporting and recreational activities, actors and non-governmental including recreational fishing and organizations. shellfish extraction; 2. In addition, with regard to the (e) Utilization of specific natural following economic activities, the resources, Parties agree: [i] to subject to prior authorization (a) Agriculture and industry, to the excavation and extraction guarantee a high level of protection of minerals, including the use of of the environment in the location seawater in desalination plants and and operation of agricultural stone exploitation; and industrial activities so as to [ii] to regulate the extraction of sand, preserve coastal ecosystems and including on the seabed and river landscapes and prevent pollution of sediments or prohibit it where it the sea, water, air and soil; is likely to adversely affect the (b) Fishing, equilibrium of coastal ecosystems; [i] to take into account the need to [iii] to monitor coastal aquifers and protect fishing areas in dynamic areas of contact or development projects; interface between fresh and salt [ii] to ensure that fishing practices are water, which may be adversely compatible with sustainable use of affected by the extraction of natural marine resources; underground water or by discharges (c) Aquaculture, into the natural environment; [i] to take into account the need to (f) Infrastructure, energy facilities, protect aquaculture and shellfish ports and maritime works and areas in development projects; structures, to subject such [ii] to regulate aquaculture by infrastructure, facilities, works and controlling the use of inputs and structures to authorization so that waste treatment; their negative impact on coastal (d) Tourism, sporting and recreational ecosystems, landscapes and activities, geomorphology is minimized or, [i] to encourage sustainable coastal where appropriate, compensated by tourism that preserves coastal non-financial measures; ecosystems, natural resources, (g) Maritime activities, to conduct cultural heritage and landscapes; maritime activities in such [ii] to promote specific forms of a manner as to ensure the coastal tourism, including cultural, preservation of coastal ecosystems rural and ecotourism, while in conformity with the rules, respecting the traditions of local standards and procedures of the populations; relevant international conventions. [iii] to regulate or, where necessary, 144

Article 10 habitats and species of high SPECIFIC COASTAL ECOSYSTEMS conservation value; (b) undertake to promote regional The Parties shall take measures and international cooperation for to protect the characteristics the implementation of common of certain specific coastal programmes on the protection of ecosystems, as follows : marine habitats. 1. Wetlands and estuaries 3. Coastal forests and woods In addition to the creation of The Parties shall adopt measures protected areas and with a view to intended to preserve or develop preventing the disappearance of coastal forests and woods located, wetlands and estuaries, the Parties in particular, outside specially shall: protected areas. (a) take into account in national 4. Dunes coastal strategies and coastal The Parties undertake to preserve plans and programmes and and, where possible, rehabilitate in when issuing authorizations, the a sustainable manner dunes and environmental, economic and bars. social function of wetlands and estuaries; Article 11 (b) take the necessary measures COASTAL LANDSCAPES to regulate or, if necessary, prohibit activities that may have adverse 1. The Parties, recognizing the effects on wetlands and estuaries; specific aesthetic, natural (c) undertake, to the extent possible, and cultural value of coastal the restoration of degraded coastal landscapes, irrespective of their wetlands with a view to reactivating classification as protected areas, their positive role in coastal shall adopt measures to ensure the environmental processes. protection of coastal landscapes 2. Marine habitats through legislation, planning and The Parties, recognizing the need management. to protect marine areas hosting 2. The Parties undertake to promote habitats and species of high regional and international conservation value, irrespective of cooperation in the field of their classification as protected landscape protection, and in areas, shall: particular, the implementation, (a) adopt measures to ensure the where appropriate, of joint protection and conservation, actions for transboundary coastal through legislation, planning and landscapes. management of marine and coastal areas, in particular of those hosting 145

Article 12 before any intervention directed at ISLANDS this heritage. 3. The Parties shall ensure in The Parties undertake to accord particular that elements of the special protection to islands, underwater cultural heritage of including small islands, and for this coastal zones removed from purpose to: the marine environment are (a) promote environmentally friendly conserved and managed in a activities in such areas and take manner safeguarding their long- special measures to ensure the term preservation and are not participation of the inhabitants traded, sold, bought or bartered as in the protection of coastal commercial goods. ecosystems based on their local customs and knowledge; Article 14 (b) take into account the specific PARTICIPATION characteristics of the island environment and the necessity to 1. With a view to ensuring efficient ensure interaction among islands governance throughout the process in national coastal strategies, plans of the integrated management of and programmes and management coastal zones, the Parties shall instruments, particularly in the take the necessary measures to fields of transport, tourism, fishing, ensure the appropriate involvement waste and water. in the phases of the formulation and implementation of coastal Article 13 and marine strategies, plans CULTURAL HERITAGE and programmes or projects, as well as the issuing of the various 1. The Parties shall adopt, individually authorizations, of the various or collectively, all appropriate stakeholders, including: measures to preserve and - the territorial communities and protect the cultural, in particular public entities concerned; archaeological and historical, - economic operators; heritage of coastal zones, including - non-governmental organizations; the underwater cultural heritage, - social actors; in conformity with the applicable - the public concerned. national and international Such participation shall involve inter instruments. alia consultative bodies, inquiries or 2. The Parties shall ensure that public hearings, and may extend to the preservation in situ of the partnerships. cultural heritage of coastal zones 2. With a view to ensuring such is considered as the first option participation, the Parties shall 146

provide information in an adequate, their impacts on coastal zones. timely and effective manner. To this end, they should establish 3. Mediation or conciliation or support specialized research procedures and a right of centres. The purpose of this administrative or legal recourse research is, in particular, to further should be available to any knowledge of integrated coastal stakeholder challenging decisions, zone management, to contribute to acts or omissions, subject to the public information and to facilitate participation provisions established public and private decision-making. by the Parties with respect to plans, programmes or projects concerning PART III the coastal zone. INSTRUMENTS FOR INTEGRATED COASTAL ZONE MANAGEMENT Article 15 AWARENESS-RAISING, TRAINING, Article 16 EDUCATION AND RESEARCH MONITORING AND OBSERVATION MECHANISMS AND NETWORKS 1. The Parties undertake to carry out, at the national, regional or 1. The Parties shall use and local level, awareness-raising strengthen existing appropriate activities on integrated coastal mechanisms for monitoring and zone management and to develop observation, or create new ones if educational programmes, training necessary. They shall also prepare and public education on this and regularly update national subject. inventories of coastal zones which 2. The Parties shall organize, should cover, to the extent possible, directly, multilaterally or bilaterally, information on resources and or with the assistance of the activities, as well as on institutions, Organization, the Centre or the legislation and planning that may international organizations influence coastal zones. concerned, educational 2. In order to promote exchange of programmes, training and scientific experience, data and public education on integrated good practices, the Parties shall management of coastal zones with participate, at the appropriate a view to ensuring their sustainable administrative and scientific level, development. in a Mediterranean coastal zone 3. The Parties shall provide for network, in cooperation with the interdisciplinary scientific Organization. research on integrated coastal 3. With a view to facilitating the zone management and on the regular observation of the state interaction between activities and and evolution of coastal zones, 147

the Parties shall set out an agreed and coastal implementation plans reference format and process to and programmes consistent with collect appropriate data in national the common regional framework inventories. and in conformity with the integrated 4. The Parties shall take all necessary management objectives and means to ensure public access principles of this Protocol and shall to the information derived from inform the Organization about the monitoring and observation coordination mechanism in place for mechanisms and networks. this strategy. 2. The national strategy, based on an Article 17 analysis of the existing situation, MEDITERRANEAN STRATEGY FOR shall set objectives, determine INTEGRATED COASTAL ZONE priorities with an indication of MANAGEMENT the reasons, identify coastal ecosystems needing management, The Parties undertake to as well as all relevant actors cooperate for the promotion and processes, enumerate the of sustainable development measures to be taken and their and integrated management of cost as well as the institutional coastal zones, taking into account instruments and legal and financial the Mediterranean Strategy for means available, and set an Sustainable Development and implementation schedule. complementing it where necessary. 3. Coastal plans and programmes, To this end, the Parties shall define, which may be self-standing or with the assistance of the Centre, integrated in other plans and a common regional framework programmes, shall specify the for integrated coastal zone orientations of the national strategy management in the Mediterranean and implement it at an appropriate to be implemented by means of territorial level, determining, inter appropriate regional action plans alia and where appropriate, the and other operational instruments, carrying capacities and conditions as well as through their national for the allocation and use of the strategies. respective marine and land parts of coastal zones. Article 18 4. The Parties shall define appropriate NATIONAL COASTAL STRATEGIES, indicators in order to evaluate the PLANS AND PROGRAMMES effectiveness of integrated coastal zone management strategies, plans 1. Each Party shall further strengthen and programmes, as well as the or formulate a national strategy for progress of implementation of the integrated coastal zone management Protocol. 148

Article 19 2. To this end, and in order to ensure ENVIRONMENTAL ASSESSMENT the sustainable management of public and private land of the 1. Taking into account the fragility of coastal zones, Parties may inter coastal zones, the Parties shall alia adopt mechanisms for the ensure that the process and acquisition, cession, donation related studies of environmental or transfer of land to the public impact assessment for public domain and institute easements on and private projects likely to have properties. significant environmental effects on the coastal zones, and in Article 21 particular on their ecosystems, ECONOMIC, FINANCIAL AND FISCAL take into consideration the specific INSTRUMENTS sensitivity of the environment and the inter-relationships between the For the implementation of national marine and terrestrial parts of the coastal strategies and coastal coastal zone. plans and programmes, Parties 2. In accordance with the same may take appropriate measures to criteria, the Parties shall formulate, adopt relevant economic, financial as appropriate, a strategic and/or fiscal instruments intended environmental assessment of plans to support local, regional and and programmes affecting the national initiatives for the integrated coastal zone. management of coastal zones. 3. The environmental assessments should take into consideration the PART IV cumulative impacts on the coastal RISKS AFFECTING THE COASTAL ZONE zones, paying due attention, inter alia, to their carrying capacities. Article 22 NATURAL HAZARDS Article 20 LAND POLICY Within the framework of national strategies for integrated coastal 1. For the purpose of promoting zone management, the Parties shall integrated coastal zone develop policies for the prevention management, reducing economic of natural hazards. To this end, they pressures, maintaining open areas shall undertake vulnerability and and allowing public access to the hazard assessments of coastal sea and along the shore, Parties zones and take prevention, mitigation shall adopt appropriate land and adaptation measures to address policy instruments and measures, the effects of natural disasters, in including the process of planning. particular of climate change. 149

Article 23 1. The Parties undertake to promote COASTAL EROSION international cooperation to respond to natural disasters, and 1. In conformity with the objectives to take all necessary measures to and principles set out in Articles 5 address in a timely manner their and 6 of this Protocol, the Parties, effects. with a view to preventing and 2. The Parties undertake to coordinate mitigating the negative impact of use of the equipment for detection, coastal erosion more effectively, warning and communication at their undertake to adopt the necessary disposal, making use of existing measures to maintain or restore mechanisms and initiatives, to the natural capacity of the coast to ensure the transmission as rapidly adapt to changes, including those as possible of urgent information caused by the rise in sea levels. concerning major natural 2. The Parties, when considering disasters. The Parties shall notify new activities and works located in the Organization which national the coastal zone including marine authorities are competent to issue structures and coastal defence and receive such information in the works, shall take particular account context of relevant international of their negative effects on coastal mechanisms. erosion and the direct and indirect 3. The Parties undertake to promote costs that may result. In respect of mutual cooperation and existing activities and structures, cooperation among national, the Parties should adopt measures regional and local authorities, to minimize their effects on coastal non-governmental organizations erosion. and other competent organizations 3. The Parties shall endeavour to for the provision on an urgent anticipate the impacts of coastal basis of humanitarian assistance erosion through the integrated in response to natural disasters management of activities, including affecting the coastal zones of the adoption of special measures for Mediterranean Sea. coastal sediments and coastal works. PART V 4. The Parties undertake to share INTERNATIONAL COOPERATION scientific data that may improve knowledge on the state, Article 25 development and impacts of TRAINING AND RESEARCH coastal erosion. 1. The Parties undertake, directly or Article 24 with the assistance of the RESPONSE TO NATURAL DISASTERS Organization or the competent 150

international organizations, access to environmentally sound to cooperate in the training technologies and their transfer, of scientific, technical and and other possible forms of administrative personnel in the assistance, to Parties requiring field of integrated coastal zone such assistance. management, particularly with a view to: Article 27 (a) identifying and strengthening EXCHANGE OF INFORMATION AND capacities; ACTIVITIES OF COMMON INTEREST (b) developing scientific and technical research; 1. The Parties undertake, directly or (c) promoting centres specialized in with the assistance of the integrated coastal zone Organization or the competent management; international organizations, to (d) promoting training programmes for cooperate in the exchange of local professionals. information on the use of the best 2. The Parties undertake, directly or environmental practices. with the assistance of the 2. With the support of the Organization or the competent Organization, the Parties shall in international organizations, to particular: promote scientific and technical (a) define coastal management research into integrated coastal indicators, taking into account zone management, particularly existing ones, and cooperate in the through the exchange of scientific use of such indicators; and technical information and (b) establish and maintain up-to- the coordination of their research date assessments of the use and programmes on themes of management of coastal zones; common interest. (c ) carry out activities of common interest, such as demonstration Article 26 projects of integrated coastal zone SCIENTIFIC AND TECHNICAL management. ASSISTANCE Article 28 For the purposes of integrated TRANSBOUNDARY COOPERATION coastal zone management, the Parties undertake, directly or with The Parties shall endeavour, the assistance of the Organization directly or with the assistance of or the competent international the Organization or the competent organizations to cooperate for international organizations, the provision of scientific and bilaterally or multilaterally, to technical assistance, including coordinate, where appropriate, 151

their national coastal strategies, PART VI plans and programmes related to INSTITUTIONAL PROVISIONS contiguous coastal zones. Relevant domestic administrative bodies Article 30 shall be associated with such FOCAL POINTS coordination. Each Party shall designate a Article 29 Focal Point to serve as liaison TRANSBOUNDARY ENVIRONMENTAL with the Centre on the technical ASSESSMENT and scientific aspects of the implementation of this Protocol 1. Within the framework of and to disseminate information this Protocol, the Parties shall, at the national, regional and local before authorizing or approving level. The Focal Points shall plans,programmes and projects meet periodically to carry out that are likely to have a significant the functions deriving from this adverse effect on the coastal Protocol. zones of other Parties, cooperate by means of notification, exchange Article 31 of information and consultation REPORTS in assessing the environmental impacts of such plans, The Parties shall submit to programmes and projects, taking the ordinary Meetings of the into account Article 19 of this Contracting Parties, reports Protocol and Article 4, paragraph 3 on the implementation of this (d) of the Convention. Protocol, in such form and at such 2. To this end, the Parties undertake intervals as these Meetings may to cooperate in the formulation and determine, including the measures adoption of appropriate guidelines taken, their effectiveness and the for the determination of procedures problems encountered in their for notification, exchange of implementation. information and consultation at all stages of the process. Article 32 3. The Parties may, where INSTITUTIONAL COORDINATION appropriate, enter into bilateral or multilateral agreements for the 1. The Organization shall be effective implementation of this responsible for coordinating the Article. implementation of this Protocol. For this purpose, it shall receive the support of the Centre, to which it may entrust the following functions: 152

(a) to assist the Parties to define a Article 33 common regional framework MEETINGS OF THE PARTIES for integrated coastal zone management in the Mediterranean 1. The ordinary meetings of the pursuant to Article 17; Parties to this Protocol shall be held (b) to prepare a regular report on the in conjunction with the ordinary state and development of meetings of the Contracting Parties integrated coastal zone to the Convention held pursuant to management in the Mediterranean Article 18 of the Convention. The Sea with a view to facilitating Parties may also hold extraordinary implementation of the Protocol; meetings in conformity with that (c) to exchange information and carry Article. out activities of common interest 2. The functions of the meetings of pursuant to Article 27; the Parties to this Protocol shall be: (d) upon request, to assist the Parties: (a) to keep under review the – to participate in a Mediterranean implementation of this Protocol; coastal zone network pursuant to (b) to ensure that this Protocol is Article 16; implemented in coordination and – to prepare and implement their synergy with the other Protocols; national strategies for integrated (c) to oversee the work of the coastal zone management Organization and of the Centre pursuant to Article 18; relating to the implementation of – to cooperate in training activities this Protocol and providing policy and in scientific and technical guidance for their activities; research programmes pursuant to (d) to consider the efficiency of the Article 25; measures adopted for integrated – to coordinate, when appropriate, coastal zone management and the management of transboundary the need for other measures, in coastal zones pursuant to Article particular in the form of annexes or 28; amendments to this Protocol; (e) to organize the meetings of the (e) to make recommendations to Focal Points pursuant to Article 30; the Parties on the measures to be (f) to carry out any other function adopted for the implementation of assigned to it by the Parties. this Protocol; 2. For the purposes of implementing (f) to examine the proposals made by this Protocol, the Parties, the the Meetings of Focal Points pursu- Organization and the Centre may ant to Article 30 of this Protocol; jointly establish cooperation with (g) to consider reports transmitted by non-governmental organizations the Parties and making appropriate the activities of which are related to recommendations pursuant to the Protocol. Article 26 of the Convention; 153

(h) to examine any other relevant This Protocol shall be open for information submitted through the signature at Madrid, Spain, from 21 Centre; January 2008 to 20 January 2009 (i) to examine any other matter by any Contracting Party to the relevant to this Protocol, as Convention. appropriate. Article 37 PART VII RATIFICATION, ACCEPTANCE OR FINAL PROVISIONS APPROVAL

Article 34 This Protocol shall be subject to RELATIONSHIP WITH THE CONVENTION ratification, acceptance or approval. Instruments of ratification, 1. The provisions of the Convention acceptance or approval shall be relating to any Protocol shall apply deposited with the Government with respect to this Protocol. of Spain, which will assume the 2. The rules of procedure and the functions of Depositary. financial rules adopted pursuant to Article 24 of the Convention shall Article 38 apply with respect to this Protocol, ACCESSION unless the Parties to this Protocol agree otherwise. As from 21 January 2009 this Protocol shall be open for accession Article 35 by any Party to the Convention. RELATIONS WITH THIRD PARTIES Article 39 1. The Parties shall invite, where ENTRY INTO FORCE appropriate, States that are not Parties to this Protocol and This Protocol shall enter into international organizations to force on the thirtieth day (30) cooperate in the implementation of following the deposit of at least this Protocol. six (6) instruments of ratification, 2. The Parties undertake to adopt acceptance, approval or accession. appropriate measures, consistent with international law, to ensure Article 40 that no one engages in any activity AUTHENTIC TEXTS contrary to the principles and objectives of this Protocol. The original of this Protocol, of which the Arabic, English, French and Spanish Article 36 texts are equally authentic, shall be SIGNATURE deposited with the Depositary. 154