See the ENTRI query system for information about the status of this treaty.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
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 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 co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto 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.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
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.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests 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.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held in
conjunction with ordinary meetings of the Contracting Parties to the
Convention held pursuant to Article 14 of the Convention. The Parties to
this Protocol may also hold extraordinary meetings in conformity with
Article 14 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 Annexes to this Protocol pursuant to
Article 17 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 of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
A. The following substances and materials are listed for the purpose of
Article 4 of the Protocol.
1. Organohalogen compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
2. Organosilicon compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
3. Mercury and mercury compounds.
4. Cadmium and cadmium compounds.
5. Persistent plastic and other persistent synthetic materials which may
materially interfere with fishing or navigation, reduce amenities, or
interfere with other legitimate uses of the sea.
6. Crude oil and hydrocarbons which may be derived from petroleum, and
any mixtures containing any of these, taken on board for the purpose of
dumping.
7. High-, medium- and low-level radioactive wastes or other high-,
medium- and low-level radioactive matter to be defined by the
International Atomic Energy Agency.
8. Acid and alkaline compounds of such composition and in such quantity
that they may seriously impair the quality of sea water. The composition
and quantity to be taken into consideration shall be determined by the
Parties in accordance with the procedure laid down in Article 14 (3) of
this Protocol.
9. Materials in whatever form (e.g. solids, liquids, semi-liquids, gases,
or in a living state) produced for biological and chemical warfare, other
than those rapidly rendered harmless by physical, chemical or biological
processes in the sea, provided that they do not:
(i) make edible marine organisms unpalatable; or
(ii) endanger human or animal health.
B. This Annex does not apply to wastes or other materials, such as sewage
sludge and dredge spoils, containing the substances referred to in
paragraphs 1 to 6 above as trace contaminants. The dumping of such wastes
shall be subject to the provisions of Annexes II and III as appropriate.
ANNEX II
The following wastes and other matter, the dumping of which requires
special care, are listed for the purposes of Article 5.
1. (i) arsenic, lead, copper, zinc, beryllium, chromium, nickel,
vanadium, selenium, antimony and their compounds;
(ii) cyanides and fluorides;
(iii) pesticides and their by-products not covered in Annex I
(iv) synthetic organic chemicals, other than those referred to in Annex
I, likely to produce harmful effects on marine organisms or to make
edible marine organisms unpalatable;
2. (i) acid and alkaline compounds the composition and quantity of which
have not yet been determined in accordance with the procedure referred to
in Annex I A (8):
(ii) acid and alkaline compounds not covered by Annex I, excluding
compounds to be dumped in quantities below thresholds which shall be
determined by the Parties in accordance with the procedure laid down in
Article 14 (3) of this Protocol.
3. Containers, scrap metal and other bulky wastes liable to sink to the
sea bottom which may present a serious obstacle to fishing or navigation.
4. Substances which, though of a non-toxic nature may become harmful
owing to the quantities in which they are dumped, or which are liable to
reduce amenities seriously or to endanger human life or marine organisms
or to interfere with navigation.
5. Radioactive waste or other radioactive matter which will not be
included in Annex I. In the issue of permits for the dumping of this
matter, the Parties should take full account of the recommendations of
the competent international body in this field, at present the
International Atomic Energy Agency.
ANNEX III
The factors to be considered in establishing criteria governing the issue
of permits for the dumping of matter at sea taking into account Article 7
include:
A. Characteristics and composition of the matter
1. Total amount and average compositions of matter dumped (e.g. per
year).
2. Form (e.g. solid, liquid or gaseous).
3. Properties: physical (e.g solubility and density), chemical and
biochemical (e.g. oxygen demand, nutrients) and biological.(e.g. presence
of viruses, bacteria, yeasts, parasites).
4. Toxicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and biotransformation in biological materials or
sediments.
7. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other dissolved organic and
inorganic materials.
8. Probability of production of taints or other changes reducing
marketability of resources (fish, shellfish, etc.).
B. Characteristics of dumping site and method of deposit
1. Location (e.g. coordinates of the dumping area depth and distance from
the coast), location in relation to other areas (e.g. amenity areas,
spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal per specific period (e.g. quantity per day, per week,
per month).
3. Methods of packaging and containment, if any.
4. Initial dilution achieved by proposed method of release, particularly
the speed of the ship.
5 . Dispersal characteristics (e.g. effects of currents tides and wind on
horizontal transport and vertical mixing).
6. Water characteristics (e.g. temperature, pH, salinity, stratification,
oxygen indices of pollution -- dissolved oxygen (DO), chemical oxygen
demand (COD), biochemical oxygen demand (BOD), nitrogen present in
organic and mineral form, including ammonia, suspended matter, other
nutrients and productivity).
7. Bottom characteristics (e.g. topography, geochemical and geological
characteristics and biological productivity).
8. Existence and effects of other dumpings which have been made in the
dumping area (e.g. heavy metal background reading and organic carbon
content).
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, discoloration and foaming).
2. Possible effects on marine life, fish and shellfish culture, fish
stocks and fisheries, seaweed 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 CO-OPERATION IN COMBATING POLLUTION
OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES
IN CASES OF EMERGENCY
Barcelona, 2 February 1976
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea against Pollution,
Recognizing that grave pollution of the sea by oil and other harmful
substances in the Mediterranean Sea Area involves a danger for the
coastal States and the marine eco-system,
Considering that the co-operation of all the coastal States of the
Mediterranean is called for to combat this pollution,
Bearing in mind the International Convention for the Prevention of
Pollution from Ships, 1973, the International Convention relating to
Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969,
as well as the Protocol relating to Intervention on the High Seas in
Cases of Marine Pollution by Substances Other than Oil 1973,
Further taking into account the International Convention on Civil
Liability for Oil Pollution Damage, 1969 --
Have agreed as follows:
Article 1
The Contracting Parties to this Protocol (hereinafter referred to as "the
Parties") shall co-operate in taking the necessary measures in cases of
grave and imminent danger to the marine environment, the coast or related
interests of one or more of the Parties due to the presence of massive
quantities of oil or other harmful substances resulting from accidental
causes or an accumulation of small discharges which are polluting or
threatening to pollute the sea within the area defined in Article I of
the Convention for the Protection of the Mediterranean Sea against
Pollution, (hereinafter referred to as "the Convention").
Article 2
For the purpose of this Protocol, the term "related interests" means the
interests of a costal State directly affected or threatened and
concerning, among others:
(a) activities in coastal waters, in ports or estuaries, including
fishing activities;
(b) the historical and tourist appeal to the area in question,
including water sports and recreation;
(c) the health of the coastal population;
(d) the preservation of living resources.
Article 3
The Parties shall endeavour to maintain and promote, either individually
or through bilateral or multilateral co-operation, their contingency
plans and means for combating pollution of the sea by oil and other
harmful substances. These means shall include, in particular, equipment,
ships, aircraft and manpower prepared for operations in cases of
emergency.
Article 4
The Parties shall develop and apply, either individually or through
bilateral or multilateral cooperation, monitoring activities covering the
Mediterranean Sea Area in order to have as precise information as
possible on the situations referred to in article I of this Protocol.
Article 5
In case of release or loss overboard of harmful substances in packages,
freight containers, portable tanks or road and rail tank wagons, the
Parties shall co-operate as far as practicable in the salvage and
recovery of such substances so as to reduce the danger of pollution of
the marine environment.
Article 6
1. Each Party undertakes to disseminate to the other Parties information
concerning:
(a) The competent national organization or authorities responsible for
combating pollution of the sea by oil and other harmful substances;
(b) The competent national authorities responsible for receiving
reports of pollution of the sea by oil and other harmful substances and
for dealing with matters concerning measures of assistance between
Parties;
(c) New ways in which pollution of the sea by oil and other harmful
substances may be avoided, new measures of combating pollution and the
development of related research programmes.
2. Parties which have agreed to exchange information directly between
themselves shall nevertheless communicate such information to the
regional centre. The latter shall communicate this information to the
other Parties and, on a basis of reciprocity, to coastal States of the
Mediterranean Sea Area which are not Parties to this Protocol.
Article 7
The Parties undertake to co-ordinate the utilization of the means of
communication at their disposal in order to ensure, with the necessary
speed and reliability, the reception, transmission and dissemination of
all reports and urgent information which relate to the occurrences and
situations referred to in article I. The regional centre shall have the
necessary means of communication to enable it to participate in this
co-ordinated effort and, in particular, to fulfill the functions assigned
to it by paragraph 2 of article 10.
Article 8
1. Each Party shall issue instructions to the masters of ships flying its
flag and to the pilots of aircraft registered in its territory requiring
them to report by the most rapid and adequate channels in the
circumstances, and in accordance with Annex I to this Protocol, either to
a Party or to the regional centre:
(a) All accidents causing or likely to cause pollution of the sea by
oil or other harmful substances;
(b) The presence, characteristics and extent of spillages, of oil or
other harmful substances observed at sea which are likely to present a
serious and imminent threat to the marine environment or to the coast or
related interests of one or more of the Parties.
2. The information collected in accordance with paragraph 1 shall be
communicated to the other Parties likely to be affected by the pollution;
(a) by the Party which has received the information, either directly
or preferably, through the regional centre; or
(b) by the regional centre.
In case of direct communication between Parties, the regional centre
shall be informed of the measures.
3. In consequence of the application of the provisions of paragraph 2,
the Parties are not bound by the obligation laid down in article 9,
paragraph 2, of the Convention.
Article 9
1. Any Party faced with a situation of the kind defined in article 1 of
this Protocol shall:
(a) Make the necessary assessments of the nature and extent of the
casualty or emergency or, as the case may be, of the type and approximate
quantity of oil or other harmful substances and the direction and speed
of drift of the spillage;
(b) Take every practicable measure to avoid or reduce the effects of
pollution:
(c) Immediately inform all other Parties, either directly or through
the regional centre, of these assessments and of any action which it has
taken or which it intends to take to combat the pollution;
(d) Continue to observe the situation for as long as possible and
report thereon in accordance with article 8.
2. Where action is taken to combat pollution originating from a ship, all
possible measures shall be taken to safeguard the persons present on
board and, to the extent possible, the ship itself. Any Party which takes
such action shall inform the Inter-Governmental Maritime Consultative
Organization.
Article 10
1. Any Party requiring assistance for combating pollution by oil or other
harmful substances polluting or threatening to pollute its coasts may
call for assistance from other Parties, either directly or through the
regional centre referred to in article 6, starting with the Parties which
appear likely to be affected by the pollution. This assistance may
comprise, in particular, expert advice and the supply to or placing at
the disposal of the Party concerned of products, equipment and national
facilities. Parties so requested shall use their best endeavours to
render this assistance.
2. Where the Parties engaged in an operation to combat pollution cannot
agree on the organization of the operation, the regional centre may, with
their approval, co-ordinate the activity of the facilities put into
operation by these Parties.
Article 11
The application of the relevant provisions of articles 6, 7, 8, 9 and 10
of this Protocol relating to the regional centre shall be extended, as
appropriate, to sub-regional centres in the event of their establishment,
taking into account their objectives and functions and their relationship
with the said regional centre.
Article 12
1. Ordinary meetings of the Parties to this Protocol shall be held in
conjunction with ordinary meetings of the Contracting Parties to the
Convention, held pursuant to article 14 of the Convention. The Parties to
this Protocol may also hold extraordinary meetings as provided in article
14 of the Convention .
2. It shall be the function of the meetings of the Parties to this
Protocol, in particular:
(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 review and amend as required any Annex to this Protocol;
(c) To discharge such other functions as may be appropriate for
implementation of this Protocol.
Article 13
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
CONTENTS OF THE REPORT
TO BE MADE PURSUANT TO ARTICLE 8 TO THIS PROTOCOL
1. Each report shall, as far as possible, contain, in general:
(a) The identification of the source of pollution (identity of the
ship, where appropriate);
(b) The geographic position, time and date of the occurrence of the
incident or of the observation;
(c) The wind and sea conditions prevailing in the area;
(d) Where the pollution originates from a ship, relevant details
respecting the conditions of the ship.
2. Each report shall contain, whenever possible, in particular:
(a) A clear indication or description of the harmful substances
involved, including the correct technical names of such substances
(trade names should not be used in place of the correct technical
names);
(b) A statement or estimate of the quantities, concentrations and
likely conditions of harmful substances discharged or likely to be
discharged into the sea;
(c) Where relevant, a description of the packaging and identifying
marks; and
(d) The name of the consignor, consignee or manufacturer.
3. Each report shall clearly indicate whenever possible, whether the
harmful substance discharged or likely to be discharged is oil or a
noxious liquid, solid or gaseous substance and whether such substance was
or is carried in bulk or contained in packaged form, freight containers,
portable tanks, or road and a rail tank wagons.
4. Each report shall be supplemented as necessary by any relevant
information requested by a recipient of the report or deemed appropriate
by the person sending the report.
5. Any of the persons referred to in article 8 paragraph 1, of this
Protocol shall:
(a) Supplement as far as possible the initial report, as necessary,
with information concerning further developments; and
(b) Comply as fully as possible with requests from affected States for
additional information.
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BH778
PROTOCOL FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION FROM LAND-BASED SOURCES (1980)
Athens, 17 May 1980
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea Against Pollution, adopted at Barcelona on 16 February 1976,
Desirous of implementing Article 4, paragraph 2, and Articles 8 and 15 of
the said Convention,
Noting the rapid increase of 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 and to human
health by pollution from land-based sources 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 inadequately disposed of domestic or industrial
discharges,
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 co-operation the necessary measures to
protect the Mediterranean Sea against pollution from land-based sources,
Have agreed as follows:
Article 1
The Contracting Parties to this Protocol (hereinafter referred to as "the
Parties") shall take all appropriate measures to prevent, abate, combat
and control pollution of the Mediterranean Sea Area caused by discharges
from rivers, coastal establishments or outfalls, or emanating from any
other land-based sources within their territories.
Article 2
For the purposes of this Protocol:
(a) "The Convention" means the Convention for the Protection of the
Mediterranean Sea against Pollution, adopted at Barcelona on 16 February
1976;
(b) "Organization" means the body referred to in Article 13 of the
Convention;
(c) "Freshwater limit" means the place in watercourses where, at low
tides and in a period of low freshwater flow, there is an appreciable
increase in salinity due to the presence of sea-water.
Article 3
The area to which this Protocol applies (hereinafter referred to as the
"Protocol Area") shall be:
(a) The Mediterranean Sea Area as defined in Article 1 of the
Convention;
(b) Waters on the landward side of the baselines from which the
breadth of the territorial sea is measured and extending in the case of
watercourses up to the freshwater limit;
(c) Saltwater marshes communicating with the sea.
Article 4
1. This Protocol shall apply:
(a) To polluting discharges reaching the Protocol Area from
land-based sources within the territories of the Parties, in particular:
-- directly, from outfalls discharging into the sea or through
coastal disposal;
-- indirectly, through rivers, canals or other watercourses,
including underground watercourses, or through run-off;
(b) To pollution from land-based sources transported by the
atmosphere, under conditions to be defined in an additional annex to this
Protocol and accepted by the Parties in conformity with the provisions of
Article 17 of the Convention.
2. This Protocol shall also apply to polluting discharges from fixed
man-made offshore structures which are under the jurisdiction of a Party
and which serve purposes other than exploration and exploitation of
mineral resources of the continental shelf and the sea-bed and its
subsoil.
Article 5
1. The Parties undertake to eliminate pollution of the Protocol Area from
land-based sources by substances listed in Annex I to this Protocol.
2. To this end they shall elaborate and implement, jointly or
individually, as appropriate, the necessary programmes and measures.
3. These programmes and measures shall include, in particular, common
emission standards and standards for use.
4. The standards and the time-tables for the implementation of the
programmes and measures aimed at eliminating pollution from land-based
sources shall be fixed by the Parties and periodically reviewed, if
necessary every two years, for each of the substances listed in Annex I,
in accordance with the provisions of Article 15 of this Protocol.
Article 6
1. The Parties shall strictly limit pollution from land-based sources in
the Protocol Area by substances or sources listed in Annex II to this
Protocol.
2. To this end they shall elaborate and implement jointly or
individually, as appropriate, suitable programmes and measures.
3. Discharges shall be strictly subject to the issue, by the competent
national authorities, of an authorization taking due account of the
provisions of Annex III to this Protocol.
Article 7
1. The Parties shall progressively formulate and adopt, in co-operation
with the competent international organizations, common guidelines and, as
appropriate, standards or criteria dealing in particular with:
(a) The length, depth and position of pipelines for coastal outfalls,
taking into account, in particular, the methods used for pretreatment of
effluents;
(b) Special requirements for effluents necessitating separate
treatment;
(c) The quality of sea-water used for specific purposes that is
necessary for the protection of human health, living resources and
ecosystems;
(d) The control and progressive replacement of products,
installations and industrial and other processes causing significant
pollution of the marine environment;
(e) Specific requirements concerning the quantities of the substances
listed in Annexes I and II discharged, their concentration in effluents
and methods of discharging them.
2. Without prejudice to the provisions of Article 5 of this Protocol,
such common guidelines, standards or criteria shall take into account
local ecological, geographical and physical characteristics, the economic
capacity of the Parties and their need for development, the level of
existing pollution and the real absorptive capacity of the marine
environment.
3. The programmes and measures referred to in Articles 5 and 6 shall be
adopted by taking into account, for their progressive implementation, the
capacity to adapt and reconvert existing installations, the economic
capacity of the Parties and their need for development.
Article 8
Within the framework of the provisions of, and the monitoring programmes
provided for in, Article 10 of the Convention, and if necessary in
co-operation with the competent international organizations, the Parties
shall carry out at the earliest possible date monitoring activities in
order:
(a) Systematically to assess, as far as possible, the levels of
pollution along their coasts, in particular with regard to the substances
or sources listed in Annexes I and II, and periodically to provide
information in this respect;
(b) To evaluate the effects of measures taken under this Protocol to
reduce pollution of the marine environment.
Article 9
In conformity with Article 11 of the Convention, the Parties shall
co-operate as far as possible in scientific and technological fields
related to pollution from land-based sources, particularly research on
inputs, pathways and effects of pollutants and on the development of new
methods for their treatment reduction or elimination. To this end the
Parties shall, in particular, endeavour to:
(a) Exchange scientific and technical information,
(b) Co-ordinate their research programmes.
Article 10
1. The Parties shall, directly or with the assistance of competent
regional or other international organizations or bilaterally, co-operate
with a view to formulating and, as far as possible, implementing
programmes of assistance to developing countries, particularly in the
fields of science, education and technology, with a view to preventing
pollution from land-based sources and its harmful effects in the marine
environment.
2. Technical assistance would include, in particular, the training of
scientific and technical personnel, as well as the acquisition,
utilization and production by those countries of appropriate equipment on
advantageous terms to be agreed upon among the Parties concerned.
Article 11
1. If discharges from a watercourse which flows through the territories
of two or more Parties or forms a boundary between them are likely to
cause pollution of the marine environment of the Protocol Area, the
Parties in question, respecting the provisions of this Protocol in so far
as each of them is concerned, are called upon to co-operate with a view
to ensuring its full application.
2. A Party shall not be responsible for any pollution originating on the
territory of a non-contracting State. However, the said Party shall
endeavour to cooperate with the said State so as to make possible full
application of the Protocol.
Article 12
1. Taking into account Article 22, paragraph 1, of the Convention, when
land-based pollution originating from the territory of one Party is
likely to prejudice directly the interest of one or more of the other
Parties, the Parties concerned shall, at the request of one or more of
them, undertake to enter into consultation with a view to seeking a
satisfactory solution.
2. At the request of any Party concerned, the matter shall be placed on
the agenda of the next meeting of the Parties held in accordance with
Article 14 of this Protocol, the meeting may make recommendations with a
view to reaching a satisfactory solution.
Article 13
1. The Parties shall inform one another through the Organization of
measures taken of results achieved and, if the case arises, of
difficulties encountered in the application of this Protocol. Procedures
for the collection and submission of such information shall be determined
at the meetings of the Parties.
2. Such information shall include, inter alia:
(a) Statistical data on the authorizations granted in accordance with
Article 6 of this Protocol;
(b) Data resulting from monitoring as provided for in Article 8 of
this Protocol;
(c) Quantities of pollutants discharged from their territories;
(d) Measures taken in accordance with Articles 5 and 6 of this
Protocol.
Article 14
1. Ordinary meetings of the Parties shall take place in conjunction with
ordinary meetings of the Contracting Parties to the Convention held
pursuant to Article 14 of the Convention. The Parties may also hold
extraordinary meetings in accordance with Article 14 of the Convention.
2. The functions of the meetings of the Parties to this Protocol shall
be, inter alia:
(a) To keep under review the implementation of the Protocol and to
consider the efficacy of the measures adopted and the advisability of any
other measures, in particular in the form of annexes;
(b) To revise and amend any annex to this Protocol, as appropriate;
(c) To formulate and adopt programmes and measures in accordance with
Articles 5, 6 and 15 of this Protocol;
(d) To adopt, in accordance with Article 7 of this Protocol, common
guidelines, standards or criteria, in any form decided upon by the
Parties;
(e) To make recommendations in accordance with Article 12, paragraph
2, of this Protocol;
(f) To consider the information submitted by the Parties under
Article 13 of this Protocol;
(g) To discharge such other functions as may be appropriate for the
application of this Protocol.
Article 15
1. The meeting of the Parties shall adopt, by a two-thirds majority, the
programmes and measures for the abatement or the elimination of pollution
from land-based sources which are provided for in Articles 5 and 6 of
this Protocol.
2. The Parties which are not able to accept a programme or measures shall
inform the meeting of the Parties of the action they intend to take as
regards the programme or measures concerned, it being understood that
these Parties may, at any time, give their consent to the programme or
measures that have been adopted.
Article 16
1. The provisions of the Convention relating to any Protocol shall apply
with respect to this Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
3. This Protocol shall be open for 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.
5. As from 17 May 1981, this Protocol shall be open for accession by the
States referred to in paragraph 3 above, by the European Economic
Community and by any grouping referred to in that paragraph.
6. This Protocol shall enter into force on the thirtieth 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.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Athens on this seventeenth day of May one thousand nine hundred
and eighty in a single copy in the Arabic, English, French and Spanish
languages, the four texts being equally authoritative.
Annex I
A
The following substances, families and groups of substances are listed,
not in order of priority, for the purposes of Article 5 of this Protocol.
They have been selected mainly on the basis of their
Toxicity;
Persistence;
Bioaccumulation.
1. Organohalogen compounds and substances which may form such compounds
in the marine environment. [1]
2. Organophosphorus compounds and substances which may form such
compounds in the marine environment. [1]
3. Organotin compounds and substances which may form such compounds in
the marine environment. [1]
4. Mercury and mercury compounds.
5. Cadmium and cadmium compounds.
6. Used lubricating oils.
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 carcinogenic, teratogenic or mutagenic
properties in or through the marine environment.
9. 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.
B
The present annex does not apply to discharges which contain substances
listed in section A that are below the limits defined jointly by the
Parties.
[1] With the exception of those which are biologically harmless or which
are rapidly converted into biologically harmless substances.
# # # # #
Annex II
A
The following substances, families and groups of substances, or sources
of pollution, listed not in order of priority for the purposes of Article
6 of this Protocol, have been selected mainly on the basis of criteria
used for Annex I, while taking into account the fact that they are
generally less noxious or are more readily rendered harmless by natural
processes and therefore generally affect more limited coastal areas.
1. The following elements and their compounds:
1. zinc 8. antimony 15. uranium
2. copper 9. molybdenum 16. vanadium
3. nickel 10. titanium 17. cobalt
4. chromium 11. tin 18. thallium
5. lead 12. barium 19. tellurium
6. selenium 13. beryllium 20. silver
7. arsenic 14. boron
2. Biocides and their derivatives not covered in Annex I.
3. Organosilicon compounds and substances which may form such compounds
in the marine environment, excluding those which are biologically
harmless or are rapidly converted into biologically harmless substances.
4. Crude oils and hydrocarbons of any origin.
5. Cyanides and fluorides.
6. Non-biodegradable detergents and other surface-active substances.
7. Inorganic compounds of phosphorus and elemental phosphorus.
8. Pathogenic micro-organisms.
9. Thermal discharges.
10. Substances which have a deleterious effect on the taste and/or smell
of products for human consumption derived from the aquatic environment
and compounds liable to give rise to such substances in the marine
environment.
11. Substances which have, directly or indirectly an adverse effect on
the oxygen content of the marine environment, especially those which may
cause eutrophication.
12. Acid or alkaline compounds of such composition and in such quantity
that they may impair the quality of sea-water.
13. Substances which, though of a non-toxic nature, may become harmful to
the marine environment or may interfere with any legitimate use of the
sea owing to the quantities in which they are discharged.
B
The control and strict limitation of the discharge of substances referred
to in section A above must be implemented in accordance with Annex III.
# # # # #
Annex III
With a view to the issue of an authorization for the discharge of wastes
containing substances referred to in Annex II or in section B of Annex I
to this Protocol, particular account will be taken, as the case may be,
of the following factors.
A. CHARACTERISTICS AND COMPOSITION OF THE WASTE
1. Type and size of waste source (e.g., industrial process).
2. Type of waste (origin, average composition).
3. Form of waste (solid, liquid, sludge, slurry).
4. Total amount (volume discharged, e.g., per year).
5. Discharge pattern (continuous, intermittent, seasonally variable,
etc.).
6. Concentrations with respect to major constituents, substances listed
in Annex I, substances listed in Annex II, and other substances as
appropriate.
7. Physical, chemical and biochemical properties of the waste.
B. CHARACTERISTICS OF WASTE CONSTITUENTS WITH RESPECT TO THEIR
HARMFULNESS
1. Persistence (physical, chemical, biological) in the marine
environment.
2. Toxicity and other harmful effects.
3. Accumulation in biological materials or sediments.
4. Biochemical transformation producing harmful compounds.
5. Adverse effects on the oxygen content and balance.
6. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other sea-water constituents
which may produce harmful biological or other effects on any of the uses
listed in section E below.
C. CHARACTERISTICS OF DISCHARGE SITE AND RECEIVING MARINE ENVIRONMENT
1. Hydrographic, meteorological, geological and topographical
characteristics of the coastal area.
2. Location and type of the discharge (outfall, canal, outlet, etc.) and
its relation to other areas (such as amenity areas, spawning, nursery,
and fishing areas, shellfish grounds) and other discharges.
3. Initial dilution achieved at the point of discharge into the receiving
marine environment.
4. Dispersion characteristics such as effects of currents, tides and wind
on horizontal transport and vertical mixing.
5. Receiving water characteristics with respect to physical, chemical,
biological and ecological conditions in the discharge area.
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; and
(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.
************************************************************
BH815
PROTOCOL CONCERNING MEDITERRANEAN SPECIALLY PROTECTED AREAS (1982)
Geneva, 3 April 1982
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea against Pollution, adopted at Barcelona on 16 February 1976,
Conscious of the danger threatening the environment of the Mediterranean
Sea Area as a whole, in view of the increasing human activities in the
region,
Taking into account the special hydrographic and ecological
characteristics of the Mediterranean Sea Area,
Stressing the importance of protecting and, as appropriate, improving the
state of the natural resources and natural sites of the Mediterranean
Sea, as well as of their cultural heritage in the region among other
means by the establishment of specially protected areas including marine
areas and their environment,
Desirous of establishing close co-operation among themselves in order to
achieve that objective,
Have agreed as follows:
Article 1
1. The Contracting Parties to this Protocol (hereinafter referred to as
"the Parties") shall take all appropriate measures with a view to
protecting those marine areas which are important for the safeguard of
the natural resources and natural sites of the Mediterranean Sea Area, as
well as for the safeguard of their cultural heritage in the region.
2. Nothing in this Protocol shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 2
For the purposes of the designation of specially protected areas
(hereinafter referred to as "protected areas"), the area to which this
Protocol applies shall be the Mediterranean Sea Area as defined in
article 1 of the Convention for the Protection of the Mediterranean Sea
against Pollution (hereinafter referred to as "the Convention"); it being
understood that for the purposes of the present Protocol, it shall be
limited to the territorial waters of the Parties and may include waters
on the landward side of the baseline from which the breadth of the
territorial sea is measured and extending, in the case of watercourses,
up to the freshwater limit. It may also include wetlands or coastal areas
designated by each of the Parties.
Article 3
1. The Parties shall, to the extent possible, establish protected areas
and shall endeavour to undertake the action necessary in order to protect
those areas and, as appropriate, restore them, as rapidly as possible.
2. Such areas shall be established in order to safeguard in particular:
(a) -- sites of biological and ecological value;
-- the genetic diversity, as well as satisfactory population
levels, of species, and their breeding grounds and habitats;
-- representative types of ecosystems, as well as ecological
processes;
(b) sites of particular importance because of their scientific,
aesthetic, historical, archaeological, cultural or educational interest.
Article 4
The Parties to this Protocol shall, at their first meeting, formulate and
adopt, if necessary in cooperation with the competent international
organizations, common guidelines and, if needed standards or criteria
dealing in particular with:
(a) the selection of protected areas;
(b) the establishment of protected areas;
(c) the management of protected areas;
(d) the notification of information on protected areas.
Article 5
The Parties may strengthen the protection of a protected area by
establishing, within the area to which this Protocol applies, one or more
buffer areas in which activities are less severely restricted while
remaining compatible with the purposes of the protected area.
Article 6
1. If a Party intends to establish a protected area contiguous to the
frontier or to the limits of the zone of national jurisdiction of another
Party, the competent authorities of the two Parties shall endeavour to
consult each other with a view to reaching agreement on the measures to
be taken and shall, among other things, examine the possibility of the
establishment by the other Party of a corresponding protected area or the
adoption by it of any other appropriate measure.
2. If a Party intends to establish a protected area contiguous to the
frontier or to the limits of the zone of national jurisdiction of a State
which is not a party to this Protocol, the Party shall endeavour to work
together with the competent authorities of that State with a view to
holding the consultations referred to in the preceding paragraph.
3. If contiguous protected areas are established by two Parties, or by
one Party and by a State which is not a party to this Protocol, special
agreements may provide for the means whereby the consultation or the
collaboration contemplated in paragraphs 1 and 2 respectively may take
place.
4. If a State which is not a party to this Protocol intends to establish
a protected area contiguous to the frontier or to the limits of the zone
of national jurisdiction of a Party to this Protocol, the latter shall
endeavour to work together with that State with a view to holding
consultations, and possibly concluding a special agreement as referred to
in paragraph 3.
Article 7
The Parties, having regard to the objectives pursued and taking into
account the characteristics of each protected area, shall, in conformity
with the rules of the international law, progressively take the measures
required, which may include:
(a) the organization of a planning and management system;
(b) the prohibition of the dumping or discharge of wastes or other
matter which may impair the protected area;
(c) the regulation of the passage of ships and any stopping or
anchoring;
(d) the regulation of fishing and hunting and of the capture of
animals and harvesting of plants;
(e) the prohibition of the destruction of plant life or animals and
of the introduction of exotic species;
(f) the regulation of any act likely to harm or disturb the fauna or
flora, including the introduction of indigenous zoological or botanical
species;
(g) the regulation of any activity involving the exploration or
exploitation of the sea-bed or its subsoil or a modification of the
sea-bed profile;
(h) the regulation of any activity involving a modification of the
profile of the soil or the exploitation of the subsoil of the land part
of a marine protected area;
(i) the regulation of any archaeological activity and of the removal
of any object which may be considered as an archaeological object;
(j) the regulation of trade in and import and export of animals,
parts of animals, plants, parts of plants and archaeological objects
which originate in protected areas and are subject to measures of
protection;
(k) any other measure aimed at safeguarding ecological and biological
processes in protected areas.
Article 8
1. The Parties shall give appropriate publicity to the establishment of
protected areas, as well as of the areas provided for in article 5, and
to their markings and the regulations applying thereto.
2. The information referred to in the preceding paragraph shall be
notified to the Organization designated in article 13 of the Convention
(hereinafter referred to as "the Organization") which shall compile and
keep up to date a directory of protected areas in the area to which this
Protocol applies. The Parties shall supply the Organization with all the
information necessary for that purpose.
Article 9
1. The Parties shall, in promulgating protective measures, take into
account the traditional activities of their local populations. To the
fullest extent possible, no exemption which is allowed for this reason
shall be such as:
(a) to endanger either the maintenance of ecosystems protected under
the terms of the present Protocol or the biological processes
contributing to the maintenance of those ecosystems;
(b) to cause either the extinction of, or any substantial reduction
in, the number of individuals making up the species or animal and plant
populations within the protected ecosystems, or any ecologically
connected species or populations, particularly migratory species and
rare, endangered or endemic species.
2. Parties which allow exemptions with regard to protective measures or
do not apply such measures strictly shall inform the Organization
accordingly.
Article 10
The Parties shall encourage and develop scientific and technical research
on their protected areas and on the ecosystems and archaeological
heritage of those areas.
Article 11
The Parties shall endeavour to inform the public as widely as possible of
the significance and interest of the protected areas and of the
scientific knowledge which may be gained from them from the point of view
of both nature conservation and archaeology. Such information should have
an appropriate place in education programmes concerning the environment
and history. The Parties should also endeavour to promote the
participation of their public and their nature conservation organizations
in appropriate measures which are necessary for the protection of the
areas concerned.
Article 12
The Parties shall, to the extent possible, establish a co-operation
programme to co-ordinate the establishment, planning, management and
conservation of protected areas, with a view to creating a network of
protected areas in the Mediterranean region, taking fully into account
existing networks, especially that of biosphere reserves of UNESCO. There
shall be regular exchanges of information concerning the characteristics
of the protected areas, the experience acquired and the problems
encountered.
The Parties shall, in accordance with the procedures set forth in article
14, exchange scientific and technical information concerning current or
planned research and the results expected. They shall, to the fullest
extent possible, co-ordinate their research. They shall, moreover,
endeavour to define jointly or to standardize the scientific methods to
be applied in the selection, management and monitoring of protected
areas.
Article 14
1. In applying the principles of co-operation set forth in articles 12
and 13, the Parties shall forward to the Organization:
(a) comparable information for monitoring the biological development
of the Mediterranean environment;
(b) reports, publications and information of a scientific,
administrative and legal nature, in particular:
-- on the measures taken by the Parties in pursuance of this
Protocol for the protection of the protected areas;
-- on the species present in the protected areas;
-- on any threats to those areas, especially those which may
come from sources of pollution outside their control.
2. The Parties shall designate persons responsible for protected areas.
Those persons shall meet at least once every two years to discuss matters
of joint interest and especially to propose recommendations concerning
scientific, administrative and legal information as well as the
standardization and processing of data.
Article 15
1. The Parties shall, directly or with the assistance of competent
regional or other international organizations or bilaterally, co-operate,
on the entry into force of this Protocol, in formulating and implementing
programmes of mutual assistance and of assistance to those developing
countries which express a need for it in the selection, establishment and
management of protected areas.
2. The programmes contemplated in the preceding paragraph should relate,
in particular, to the training of scientific and technical personnel,
scientific research, and the acquisition, utilization and production by
those countries of appropriate equipment on advantageous terms to be
agreed among the Parties concerned.
Article 16
Changes in the delimitation or legal status of a protected area or the
suppression of all or part of such an area may not take place except
under a similar procedure to that followed for its establishment.
Article 17
1. The ordinary meetings of the Parties to this Protocol shall be held in
conjunction with the ordinary meetings of the Contracting Parties to the
Convention held pursuant to article 14 of the Convention. The Parties may
also hold extraordinary meetings in conformity with that article.
2. It shall be the function of the meetings of the Parties to this
Protocol, in particular:
(a) to keep under review the implementation of this Protocol;
(b) to consider the efficacy of the measures adopted, having regard
in particular to the area to which the Protocol applies, and to examine
the need for other measures, in particular in the form of annexes, or for
envisaging, if necessary, an alteration to that area, in conformity with
the provisions of article 16 of the Convention;
(c) to adopt, review and amend as required any annex to this
Protocol;
(d) to monitor the establishment and development of the network of
protected areas provided by article 12, and to adopt guidelines to
facilitate the establishment and development of that system and to
increase co-operation among the Parties;
(e) to consider the recommendations made by the meetings of the
persons responsible for the protected areas, as provided by article 14,
paragraph 2;
(f) to consider reports transmitted by the Parties to the
Organization under article 20 of the Convention and any other information
which the Parties may transmit to the Organization or to the meeting of
the Parties.
Article 18
1. The provisions of the Convention relating to any protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
article 18, paragraph 2, of the Convention shall apply with respect to
this Protocol unless the Parties to this Protocol agree otherwise.
3. This Protocol shall be open for signature, at Geneva on 3 and 4 April
1982, and at Madrid from 5 April 1982 to 2 April 1983 by any Contracting
Party to the Convention and any State invited to the Conference of
Plenipotentiaries on the Protocol concerning Mediterranean Specially
Protected Areas held at Geneva on 2 and 3 April 1982. It shall also be
open for signature from 5 April 1982 to 2 April 1983 by any 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.
5. As from 3 April 1983, this Protocol shall be open for accession by the
Contracting Parties to the Convention and by any State or grouping
referred to in paragraph 3.
6. This Protocol shall enter into force on the thirtieth day following
the deposit of at least six instruments of ratification, acceptance or
approval of, or accession to, the Protocol.
In witness whereof the undersigned, being duly authorized, have signed
this Protocol.
Done at Geneva on this third day of April one thousand nine hundred and
eighty-two in a single copy in the Arabic, English, French and Spanish
languages, the four texts being equally authoritative.