ΕΠΙΤΡΟΠΗ ΤΟΝ ΕΥΡΩΠΑΪΚΩΝ ΚΟΙΝΟΤΉΤΩΝ 
Βρυξέλλες, 29.05.1995 
COM(95)202 τβλικό 
Πρόταση 
ΑΠΟΦΑΣΗΣ ΤΟΥ ΣΥΜΒΟΥΛΙΟΥ 
ΣΧΕΤΙΚΑ ΜΕ ΤΗΝ ΥΠΟΓΡΑΦΗ ΤΩΝ ΑΝΑΘΕΩΡΗΣΕΩΝ ΤΗΣ ΣΥΜΒΑΣΗΣ 
ΓΙΑ ΤΗΝ ΠΡΟΣΤΑΣΙΑ ΤΗΣ ΜΕΣΟΓΕΙΟΥ ΑΠΟ ΤΗ ΡΥΠΑΝΣΗ 
ΚΑΙ ΤΩΝ ΠΡΩΤΟΚΟΛΛΩΝ ΠΟΥ ΑΦΟΡΟΥΝ ΤΗΝ ΠΡΟΛΗΨΗ 
ΤΗΣ ΡΥΠΑΝΣΗΣ ΑΠΟ ΤΙΣ ΠΟΝΤΙΣΕΙΣ ΤΙΣ ΟΠΟΙΕΣ ΔΙΕΝΕΡΓΟΥΝ ΤΑ 
ΠΛΟΙΑ ΚΑΙ ΤΑ ΑΕΡΟΣΚΑΦΗ, ΚΑΘΩΣ ΚΑΙ ΤΙΣ ΕΙΔΙΚΑ ΠΡΟΣΤΑΤΕΥΟΜΕΝΕΣ 
ΠΕΡΙΟΧΕΣ 
(ΣΥΜΒΑΣΗ ΤΗΣ ΒΑΡΚΕΛΩΝΗΣ) 
(υποβάλλεται από την Επιτροπή) 

ΑΙΤΙΟΛΟΓΙΚΗ ΕΚΘΕΣΗ 
1. Η Κοινότητα είναι συμβαλλόμενο μέρος της Σύμβασης για την προστασία της 
Μεσογείου από τη ρύπανση1. Έχει συνάψει επίσης τέσσερα πρωτόκολλα που 
θεσπίστηκαν στο πλαίσιο της Σύμβασης, ήτοι το πρωτόκολλο για την πρόληψη 
της ρύπανσης από τις ποντίσεις1, το πρωτόκολλο για τη συνεργασία στην 
καταπολέμηση της ρύπανσης από υδρογονάνθρακες και άλλες επιβλαβείς 
ουσίες2, το πρωτόκολλο κατά της ρύπανσης από χερσαίες πηγές3 και το 
πρωτόκολλο για τις ειδικά προστατευόμενες περιοχές . 
2. Στην όγδοη τακτική συνεδρίαση τους (Αττάλεια, 12-15 Οκτωβρίου 1993), τα* 
συμβαλλόμενα μέρη της Σύμβασης της Βαρκελώνης ζήτησαν την αναθεώρηση της 
Σύμβασης ·και των σχετικών πρωτοκόλλων, ιδίως του πρωτοκόλλου για τις 
ποντίσεις που διενεργούν τα πλοία και τα αεροσκάφη και του πρωτοκόλλου για 
τις ειδικά προστατευόμενες περιοχές καθώς και του Σχεδίου Δράσης για τη 
Μεσόγειο. 
Κατά τις αναθεωρήσεις αυτές ελήφθησαν υπόψη τα αποτελέσματα της 
Συνδιάσκεψης των Ηνωμένων Εθνών για το Περιβάλλον και την Ανάπτυξη που 
πραγματοποιήθηκε στο Ρίο ντε Τζανέιρο τον Ιούνιο του 1992. Στόχος είναι να 
εξασφαλιστεί η αειφόρος ανάπτυξη της Μεσογείου και ιδίως η διατήρηση των 
φυσικών πόρων και της βιοποικιλότητας, η ενίσχυση των ενεργειών για την 
καταπολέμηση της θαλλάσιας ρύπανσης, τόσο εκείνης που προέρχεται από 
χερσαίες πηγές όσο και εκείνης που προκαλείται από τις ποντίσεις ή 
αποτεφρώσεις που διενεργούν τα πλοία και τα αεροσκάφη. 
3. Οι τομείς εφαρμογής των τροποποιήσεων της Σύμβασης και των 
δύο πρωτοκόλλων εμπίπτουν,εν μέρει τουλάχιστον, στην κοινοτική 
αρμοδιότητα σε θέματα νομοθεσίας περί υδάτων, η οποία είναι 
ιδιαίτερα πλούσια, τόσο από πλευράς οδηγιών όσο και από πλευράς 
συμβάσεων των οποίων η Κοινότητα είναι συμβαλλόμενο μέρος. 
4. Στη ... συνεδρίαση των ... το "Συμβούλιο εξουσιοδότησε την Επιτροπή να 
συμμετάσχει εξ ονόματος της Κοινότητας στις διαπραγματεύσεις, βάσει 
διαπραγματευτικών οδηγιών. 
1Απόφαση 77/585/ΕΟΚ, ΕΕ L 240 χης 19.9.1977 
2Απόφαση 81/420/ΕΟΚ, ΕΕ L 162 χης 19.6.1981 
3Απόφαση 83/101/ΕΟΚ, ΕΕ L 67' χης 12.3.1983 
"Απόφαση 84/132/ΕΟΚ, ΕΕ L 68 χης 10.3.1984 
Α 
Η Επιτροπή συμμετείχε εξ αρχής στην ομάδα εργασίας, η οποία συνεδρίασε στη 
Βαρκελώνη από τις 14 έως τις 18 Νοεμβρίου 1994 και από τις 7 έως τις 11 
Φεβρουαρίου 1995, με σκοπό την προετοιμασία των σχεδίων αναθεώρησης της 
Σύμβασης κάι των δύο πρωτοκόλλων και διαδραμάτισε σημαντικό ρόλο στις 
διαπραγματεύσεις. Η Επιτροπή βασίστηκε ιδίως στην κοινοτική νομοθεσία που 
έχει θεσπιστεί γιά τον τομέα των υδάτων καθώς και στην πείρα που αποκόμισε 
στον πλαίσιο των συμβάσεων για τη θάλασσα που έχει υπογράψει(συμβάσεις για 
την προστασία του θαλάσσιου περιβάλλοντος του Βορειοανατολικού Ατλαντικού 
και γιά την προστασία του θαλάσσιου περιβάλλοντος της περιοχής της 
Βαλτικής θάλασσας του 1974-αναθεωρημένη το 1992). Κατά τη γνώμη της 
Επιτροπής, τα αποτελέσματα των διαπραγματεύσεων αυτών είναι άκρως 
ικανοποιητικά. 
Στις 9 και 10 Ιουνίου 1995 προβλέπεται να πραγματοποιηθεί στη Βαρκελώνη 
συνδιάσκεψη των πληρεξουσίων για την υπογραφή της αναθεωρημένης Σύμβασης 
της Βαρκελώνης και των δύο πρωτοκόλλων. θα προηγηθεί συνάντηση 
εμπειρογνωμόνων στο πλαίσιο της ένατης συνάντησης των συμβαλλόμενων μερών 
της Σύμβασης,που προβλέπεται να πραγματοποιηθεί από τις 5 έως τις 8 
Ιουνίου 1995, με σκοπό την οριστικοποίηση των σχεδίων των 3 κειμένων. 
Η Επιτροπή εφιστά την προσοχή του Συμβουλίου στο ότι θα ήταν σκόπιμο να 
λάβει εγκαίρως την απόφαση που θα επιτρέψει στην Κοινότητα να υπογράψει το 
πρωτόκολλο μόλις αυτό τεθεί προς υπογραφή, μαζί με τα κράτη μέλη που είναι 
συμβαλλόμενα μέρη της Σύμβασης της Βαρκελώνης. 
Προς το σκοπό αυτό, το Συμβούλιο καλείται να εξουσιοδοτήσει τον Πρόεδρο να 
ορίσει το(α) πρόσωπο(α) που θα υπογράψει(ουν) εξ ονόματος της 
Κοινότητας,την αναθεώρηση της Σύμβασης της Βαρκελώνης και των πρωτοκόλλων 
για την πρόληψη της ρύπανσης από τις ποντίσεις που διενεργούν τα πλοία και 
τα αεροσκάφη, καθώς και για τις ειδικά προστατευόμενες περιοχές, με την 
επιφύλαξη μετέπειτα σύναψης. 
1 
Πρόταση απόφασης του Συμβουλίου 
σχετικά με την υπογραφή των αναθεωρήσεων της σύμβασης 
για την προστασία της Μεσογείου από τη ρύπανση 
και των πρωτοκόλλων που αφορούν την πρόληψη 
της ρύπανσης από τις ποντίσεις τις οποίες διενεργούν τα 
πλοία και τα αεροσκάφη καθώς και τις ειδικά προστατευόμενες 
περιοχές 
3 
ΤΟ ΣΥΜΒΟΥΛΙΟ ΤΗΣ ΕΥΡΩΠΑΪΚΗΣ ΕΝΩΣΗΣ 
Έχοντας υπόψη : 
τη συνθήκη για την ίδρυση της Ευρωπαϊκής Κοινότητας, 
την πρόταση της Επιτροπής, 
Εκτιμώντας : 
ότι η Κοινότητα είναι συμβαλλόμενο μέρος της Σύμβασης για την προστασία της 
Μεσογείου από τη ρύπανση1 (Σύμβαση της Βαρκελώνης) και των τεσσάρων σχετικών 
πρωτοκόλλων2, 
ότι η Επιτροπή συμμετείχε, εξ ονόματος της Κοινότητας και στο πλαίσιο της ομάδας 
εργασίας που συνέστησαν τα συμβαλλόμενα μέρη της Σύμβασης της Βαρκελώνης, στις 
διαπραγμάτευσης σχετικά με την αναθεώρηση της Σύμβασης της Βαρκελώνης και των 
πρωτοκόλλων που αφορούν τις ποντίσεις τις οποίες διενεργούν τα πλοία και τα 
αεροσκάφη καθώς και τις ειδικά προστατευόμενες περιοχές, 
ότι οι τομείς εφαρμογής της Σύμβασης και των εν λόγω πρωτοκόλλων εμπίπτουν, εν 
μέρει τουλάχιστον, στην αρμοδιότητα της Κοινότητας, 
ότι η Επιτροπή υπέβαλε στο Συμβούλιο έκθεση επί των θετικών αποτελεσμάτων* των 
διαπραγματεύσεων, ώστε να του επιτρέψει να λάβει οριστική θέση, 
ότι η αναθεωρημένη Σύμβαση και τα δύο αναθεωρημένα πρωτόκολλα θα εγκριθούν και 
θα τεθούν προς υπογραφή από τα συμβαλλόμενα μέρη στη συνδιάσκεψη των πληρεξουσίων 
που θα πραγματοποιηθεί στη Βαρκελώνη στις 9 και 10 Ιουνίου 1995, 
ότι, με την επιφύλαξη μετέπειτα σύναψης, είναι σκόπιμο να καταστεί δυνατή η 
υπογραφή των αναθεωρήσεων της σύμβασης και των δύο πρωτοκόλλων από την Κοινότητα, 
ΕΕ αριθ. L 240 της 19.9.1977, σ. 1 και 3 
ΕΕ αριθ. L 240 της 19.9.1977, ο. 1 και 12 
ΕΕ<ιρΐΟ. L 162 της 19.6.1981, ο. 4 
ΕΕαριΟ. L 67 της 12 3.1983, α. Ι 
ΕΕ αριθ. L 68 της 10. 3.1984, «. 36 
Η 
ΑΠΟΦΑΣΙΖΕΙ: 
Άρθρο μόνο 
Ο Πρόεδρος του Συμβουλίου εξουσιοδοτείται να ορίσει το(α) πρόσωπο(α) που είναι 
αρμόδιο(α) να υπογράψει(ουν) εξ ονόματος της Κοινότητας, και με την επιφύλαξη 
μετέπειτα σύναψης, τις αναθεωρήσεις της Σύμβασης της Βαρκελώνης για την προστασία 
της Μεσογείου από τη ρύπανση και των πρωτοκόλλων που αφορούν την πρόληψη της 
ρύπανσης από τις ποντίσεις τις οποίες διενεργούν τα πλοία και τα αεροσκάφη καθώς 
και τις ειδικά προστατευόμενες περιοχές, και να του(τους) παραχωρήσει τις 
απαιτούμενες για το σκοπό αυτό εξουσίες. 
Βρυξέλλες, 
Για το Συμβούλιο 
Ο Πρόεδρος 
r 
ANNEX III 
AMENDMENTS TO THE CONVENTION FOR THE PROTECTION OF 
THE MEDITERRANEAN SEA AGAINST POLLUTION 
Title 
CONVENTION FOR THE PROTECTION OF THE MARINE ENVIRONMENT AND THE 
COASTAL REGION OF THE MEDITERRANEAN 
Preamble 
The Contracting Parties, 
2. Fully aware of their responsibility to preserve and sustainably develop this 
common heritage for the benefit and enjoyment of present and future generations, 
7. 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, 
8. Taking into account the results of the United Nations Conference on 
Environment and Development, held in Rio de Janeiro from 4 to 14 June 1992, 
9. Also taking into account the Declaration of Genoa of 1985, the Charter of 
Nicosia of 1990, the Declaration of Cairo on Euro-Mediterranean Cooperation on the 
Environment within the Mediterranean Basin of 1992, the recommendations of the 
Conference of Casablanca of 1993, and the Declaration of Tunis on the Sustainable 
Development of the Mediterranean of 1994, 
10. Bearing in mind the relevant provisions of the United Nations Convention on the 
Law of the Sea, done at Montego Bay on 10 December 1982 and signed by many 
Contracting Parties, 
Have agreed as follows: 
Article 1 
GEOGRAPHICAL COVERAGE 
2. The application of the Convention may be extended to coastal areas as defined 
by each Contracting Party within its own territory. 
3. Any Protocol to this Convention may extend the geographical coverage to which 
that particular Protocol applies. 
Article 2 
DEFINITIONS 
(a) "Pollution" means the introduction by man, directly or indirectly, of substances 
or energy into the marine environment, including estuaries, which results, or is 
likely to result, in such deleterious effects as harm to living resources and marine 
life, hazards to human health, hindrance to marine activities, including fishing 
and other legitimate uses of the sea, impairment of quality for use of seawater 
and reduction of amenities. 
Article 3 
GENERAL PROVISIONS 
1. The Contracting Parties may enter into bilateral or multilateral agreements, 
including regional or sub-regional agreements for the promotion of sustainable 
development, the protection of the environment, the conservation and preservation of 
natural resources in the Mediterranean Sea Area, provided that-such agreements are 
consistent with this Convention and the Protocols and conform to international law. 
Copies of such agreements shall be communicated to the Organization. As 
appropriate, Contracting Parties should make use of existing organizations, 
agreements or arrangements in the Mediterranean Sea Area. 
2. Nothing in this Convention shall prejudice the rights [and positions] of any 
State concerning the United Nations Convention on the Law of the Sea of 1982 
and the nature and extent of port, coastal and flag State jurisdiction. 
3. The Contracting Parties shall take individual or joint initiatives, compatible 
with international law through the relevant international organizations to 
encourage the implementation of the provisions of this Convention and its 
Protocols by all the non-party states. 
Λ 
Article 4 
GENERAL OBLIGATIONS 
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, combat and to the fullest possible extent 
eliminate pollution of the Mediterranean Sea Area and to protect and enhance the 
marine environment in that Area so as to contribute towards its sustainable 
development. 
2. The Contracting Parties pledge themselves to take appropriate measures to 
implement the Mediterranean Action Plan and, further, to pursue the protection of the 
marine environment and the natural resources of the Mediterranean Sea Area as an 
integral part of the development process, meeting the needs of present and future 
generations in an equitable manner. For the purpose of implementing the 
objectives of sustainable development the Contracting Parties shall take fully 
into account the recommendations of the Mediterranean Commission on 
Sustainable Development established within the framework of the Mediterranean 
Action Plan. 
3. In order to protect the environment and contribute to the sustainable 
development of the Mediterranean Sea Area, the Contracting Parties shall: 
(a) apply, in accordance with their capabilities, the precautionary principle, by 
virtue of which where there are threats of serious or irreversible damage, 
lack of full scientific certainty shall not be used as a reason for postponing 
cost-effective measures to prevent environmental degradation; 
(b) apply the polluter pays principle, by virtue of which the costs of pollution 
prevention, control and reduction measures are to be borne by the polluter, 
with due regard to the public interest; 
(c) undertake environmental impact assessment for proposed activities that are 
likely to cause a significant adverse impact on the marine environment and 
are subject to an authorization by competent national authorities; 
(d) promote cooperation between and among States in environmental impact 
assessment procedures related to activities under their jurisdiction or 
control which are likely to have a significant adverse effect on the marine 
environment of other States or areas beyond the limits of national 
jurisdiction, on the basis of notification, exchange of information and 
consultation; 
% 
(e) commit themselves to promote the integrated management of the coastal 
zones, taking into account the protection of areas of ecological and 
landscape interest and the rational use of natural resources. 
4. In implementing the Convention and the related Protocols, the Contracting 
Parties shall: 
(a) adopt programmes and measures which contain, where appropriate, time 
limits for their completion; 
(b) utilize the best available techniques and the best environmental practices 
and promote the application of, access to and transfer of environmentally 
sound technology, including clean production technologies, taking into 
account the social, economic and technological conditions. 
5. The Contracting Parties shall cooperate in the formulation and adoption of 
Protocols, prescribing agreed measures, procedures and standards for the 
implementation of this Convention. 
6. The Contracting Parties further pledge themselves to promote, within the 
international bodies considered to be competent by the Contracting Parties, measures 
concerning the implementation of programmes of sustainable development, the 
protection, conservation and rehabilitation of the environment and of the natural 
resources in the Mediterranean Sea Area. 
Article 5 
POLLUTION CAUSED BY DUMPING FROM SHIPS 
AND AIRCRAFT AND INCINERATION AT SEA 
The Contracting Parties shall take all appropriate measures to prevent, abate 
and to the fullest possible extent eliminate pollution of the Mediterranean Sea Area 
caused by dumping or incineration from ships and aircraft. 
Article 6 
POLLUTION FROM SHIPS 
The Contracting Parties shall take all measures in conformity with international 
law to prevent, abate, combat and to the fullest possible extent eliminate 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. 
s 
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, 
combat and to the fullest possible extent eliminate 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, 
combat and to the fullest possible extent eliminate pollution of the Mediterranean Area 
and to draw up and implement plans for the reduction and phasing out of 
substances that are toxic, persistent and liable to bioaccumulate arising from 
land-based sources. These measures shall apply: 
(a) to pollution from land-based sources originating within the territories of the 
Parties, and reaching the sea: 
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. 
Article 9A 
CONSERVATION OF BIOLOGICAL DIVERSITY 
The Contracting Parties shall, individually or jointly, take all appropriate 
measures to protect and preserve biological diversity, rare or fragile 
ecosystems, as well as species of wild fauna and flora which are rare, depleted, 
threatened or endangered and their habitats, in the area to which this 
Convention applies. To this end, the Contracting Parties shall inter alia 
establish protected areas. The establishement of such areas shall not affect the 
rights of other Contracting Parties and third States. 
lo 
Article 9B 
POLLUTION RESULTING FROM THE TRANSBOUNDARY MOVEMENTS 
OF HAZARDOUS WASTES AND THEIR DISPOSAL 
The Contracting Parties shall take all appropriate measures to prevent, abate 
and to the fullest possible extent eliminate pollution of the environment which can be 
caused by transboundary movements and disposal of hazardous wastes, and to 
reduce to a minimum, and if possible eliminate, such transboundary movements. 
Article 11 
SCIENTIFIC AND TECHNOLOGICAL COOPERATION 
2. The Contracting Parties undertake to promote the research on, access to and 
transfer of environmentally sound technology, including clean production technologies 
and to cooperate in the formulation, establishment and implementation of clean 
production processes. 
Article 11A 
ENVIRONMENTAL LEGISLATION 
1. The Contracting Parties shall adopt legislation implementing the 
Convention and the Protocols. 
2. The Secretariat may, upon request from a Contracting Party, assist that 
Party in the drafting of environmental legislation in compliance with the 
Convention and the Protocols. 
Article 11B 
PUBLIC INFORMATION AND PARTICIPATION 
1. The Contracting Parties shall ensure that their competent authorities shall give 
to the public appropriate access to information on the environmental state in the 
field of application of the Convention and the Protocols, on activities or measures 
adversely affecting or likely to affect it and on activities carried out or measures taken 
in accordance with the Convention and the Protocols. 
yiA 
2. The Contracting Parties shall ensure that the opportunity is given to the public 
to participate in decision making processes relevant to the field of application of 
the Convention and the Protocols, as appropriate. 
3. The provision of paragraph 1. of this Article shall not prejudice the right of 
Contracting Parties to refuse, in accordance with their legal systems and 
applicable international regulations, to provide access to such information on the 
ground of confidentiality, public security or investigation proceedings, stating the 
reasons for such a refusal. 
Article 12 
LIABILITY AND COMPENSATION 
The Contracting Parties undertake to cooperate in the formulation and adoption 
of appropriate rules and procedures for the determination of liability and compensation 
for damage resulting from pollution of the marine environment in the Mediterranean 
Sea Area. 
Article 13 
INSTITUTIONAL ARRANGEMENTS 
(iii) to receive, consider and reply to enquiries and information from the 
Contracting Parties; 
(iii bis) to receive, consider and reply to enquiries and information from non­
governmental organizations and the public when they relate to 
subjects of common interest or to activities carried out at the regional 
level; in this case, the Contracting Parties concerned shall be 
informed; 
(iv bis) to regularly report to the Contracting Parties on the implementation 
of the Convention and of the Protocols; 
l^ 
Article 14 
MEETINGS OF THE CONTRACTING PARTIES 
2 
(vii) to approve the Programme Budget. 
Article 14A 
BUREAU 
1. The Bureau of the Contracting Parties shall be composed of 
representatives of the Contracting Parties elected by the Meetings of the 
Contracting Parties. In electing the members of the Bureau, the Meetings of the 
Contracting Parties shall observe the principle of equitable geographical distribution. 
2. The functions of the Bureau and the terms and conditions upon which it shall 
operate shall be set in the Rules of Procedure adopted by the Meetings of the 
Contracting Parties. 
Article 14C 
OBSERVERS 
1. The Contracting Parties may decide to admit as observers at their meetings 
and conferences: 
(a) any State which is not a Contracting Party to the Convention; 
(b) any international governmental organisation or any non­
governmental organisation the activities of which are related to the 
Convention. 
2. Such observers may participate in meetings without the right to vote and 
may present any information or report relevant to the objectives of the 
Convention. 
3. The conditions for the admission and participation of observers shall be 
established in the Rules of Procedure adopted by the Contracting Parties. 
Q 
Article 15 
ADOPTION OF ADDITIONAL PROTOCOLS 
3. Deleted. 
Article 18 
RULES OF PROCEDURE AND FINANCIAL RULES 
2. The Contracting Parties shall adopt financial rules, prepared in consultation 
with the Organisation, to determine, in particular, their financial participation in the 
Trust Fund. 
Article 20 
REPORTS 
1. The Contracting Parties shall transmit to the Organisation reports on: 
(a) the legal, administrative or other measures taken by them for the 
implementation of this Convention, the Protocols and of the 
recommendations adopted by their meetings; 
(b) the effectiveness of the measures referred to in subparagraph (a) and 
problems encountered in the implementation of the instruments as 
mentioned above. 
2. The reports shall be submitted in such form and at such intervals as the 
Meetings of Contracting Parties may determine. 
n 
Article 21 
COMPLIANCE CONTROL 
The meetings of the Contracting Parties shall, on the basis of periodical reports 
referred to in Article 20 and any other report submitted by the Contracting Parties, 
assess the compliance with the Convention and the Protocols as well as the 
measures and recommendations. They shall recommend, when appropriate, the 
necessary steps to bring about full compliance with the Convention and the 
Protocols and promote the implementation of the decisions and recommendations. 
U 
ANNEX IV 
AMENDMENTS TO THE PROTOCOL FOR THE PREVENTION OF 
POLLUTION OF THE MEDITERRANEAN SEA BY DUMPING FROM 
SHIPS AND AIRCRAFT 
Title 
PROTOCOL FOR THE PREVENTION AND ELIMINATION OF POLLUTION OF THE 
MEDITERRANEAN SEA BY DUMPING OR INCINERATION FROM SHIPS AND 
AIRCRAFT 
Preamble 
Recognizing the danger posed to the marine environment by the dumping or 
incineration of wastes or other matter, 
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, 
Article 1 
The Contracting Parties to this Protocol (hereinafter referred to as "the Parties") shall 
take all appropriate measures to prevent, abate and eliminate to the fullest extent 
possible pollution of the Mediterranean Sea caused by dumping or incineration from 
ships and aircraft. 
u 
Article 2 
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 marine 
environment and the coastal region of the Mediterranean (hereinafter referred to 
as "the Convention"). 
Article 3 
(c) Any deliberate disposal or emplacement of wastes or other matter on the 
seabed or in the marine subsoil from ships or aircraft. 
5. "Incineration" means the deliberate combustion of wastes or other matter 
in the Mediterranean Sea Area, with the aim of thermal destruction and 
does not include activities incidental to the normal operations of ships or 
aircraft. 
Former paragraph 5 becomes paragraph 6. 
Article 4 
1. The dumping of wastes or other matter, with the exception of those listed 
in paragraph 2 of this Article, is prohibited. 
2. The following is the list referred to in the preceding paragraph: 
(a) dredged material; 
(b) fish waste or organic materials resulting from the processing of fish 
and other marine organisms; 
(c) vessels, until 31 December 2000; 
(d) platforms and other man-made structures at sea, provided that 
material capable of creating floating debris or otherwise contributing 
to pollution of the marine environment has been removed to the 
maximum extent; 
(e) inert uncontaminated geological materials the chemical constituents 
of which are unlikely to be released into the marine environment 
R 
Article 5 
The dumping of the wastes or other matter listed in Article 4.2 requires a prior 
special permit from the competent national authorities. 
Article 6 
(a) The permits referred to in Article 5 shall be issued only after careful 
consideration of the factors set forth in the Annex to this Protocol or the 
criteria, guidelines and relevant procedures adopted by the meeting of the 
Contracting Parties pursuant to paragraph (b) below; 
(b) The Contracting Parties shall draw up and adopt criteria, guidelines and 
procedures for the dumping of wastes or other matter listed in Article 4.2 
so as to prevent, abate and eliminate pollution. 
Article 7 
Incineration at sea is prohibited. 
Article 9 
If a Party in a critical situation of an exceptional nature considers that wastes or 
other matter listed in Article 4.2 of this Protocol cannot be disposed of oh land... 
Article 10 
1. Each Party shall designate one or more competent authorities to: 
(a) issue the permits provided for in Article 5; 
(b) 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. 
β 
2. The competent authorities of each Party shall issue the permits provided 
for in Article 5 in respect of the wastes or other matter intended for dumping : 
(a) ... 
(b) ... 
Article 11 
2. Each Contracting Party shall ensure that its vessels and aircraft entitled to 
sovereign immunity under international law act in a manner consistent with this 
Protocol. 
Article 14 
3. The adoption of the amendments to the Annex to this Protocol. 
ANNEX 
The factors to be considered in establishing criteria governing the issue of 
permits for the dumping of matter at sea taking into account article 6 include: 
/; 
ANNEX V 
PROTOCOL CONCERNING SPECIALLY PROTECTED AREAS AND 
BIOLOGICAL DIVERSITY IN THE MEDITERRANEAN 
The Contracting Parties to this 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, 
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, improving 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, 
Have agreed as follows: 
^o 
PARTI 
GENERAL PROVISIONS 
Article 1 
DEFINITIONS 
For the purposes of this Protocol: 
(a) "Convention" means the Convention for the Protection of the Marine 
Environment and the Coastal Region of the Mediterranean, adopted at Barcelona on 
16 February 1976; 
(b) "Biological diversity" means the variability among living organisms from 
all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and 
the ecological complexes of which they are part; this includes diversity within species, 
between species and of ecosystems; 
(c) "Endangered species" means any species that is in danger of extinction 
throughout all or part of its range; 
(d) "Endemic species" means any species whose range is restricted to a 
limited geographical area; 
(e) "Threatened species" means any species that is likely to become 
extinct within the foreseeable future throughout all or part of its range and 
whose survival is unlikely if the factors causing numerical decline or habitat 
degradation continue to operate; 
(f) "Conservation status of a species" means the sum of the influences 
acting on the species that may affect its long-term distribution and abundance; 
(g) "Parties" means the Contracting Parties to this Protocol; 
(h) "Organization" means the organization referred to in Article 2 of the 
Convention; 
(i) "Centre" means the Regional Activity Centre for Specially Protected 
Areas. 
υ 
Article 2 
GEOGRAPHICAL COVERAGE 
1. The area to which this Protocol applies shall be the area of the Mediterranean 
Sea as delimited in Article 1 of the Convention. It also includes: 
the seabed and its subsoil; 
the waters, the seabed and its subsoil 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; 
the terrestrial coastal areas designated by each of the Parties, 
including wetlands. 
2. Nothing in this Protocol shall limit the sovereign immunity of certain 
ships in accordance with international law. However, each Contracting Party 
shall ensure that its vessels and aircraft entitled to sovereign immunity under 
international law act in a manner consistent with this Protocol.1 
Proposal by the Secretariat: 
[3. Nothing in this Protocol nor any act adopted on the basis of this Protocol shall 
prejudice the rights, claims or legal views of any State-concerning the law of the sea, 
the nature and the extent of areas subject to its national sovereignty or jurisdiction, 
the delimitation of marine areas between States with opposite or adjacent coasts, 
freedom of navigation on the high seas and the right of innocent passage in territorial 
seas, as well as the nature and the extent of the jurisdiction of the coastal State, the 
flag State and the port State.] 
Proposal by Turkey: 
[3. Nothing in this Protocol nor any act adopted on the basis of this 
Protocol shall prejudice the rights, the present and future claims or legal views 
of any State concerning the law of the sea, the nature and the extent of marine 
areas, the delimitation of marine areas between States with opposite or adjacent 
coasts, freedom of navigation on the high seas and the right of innocent 
passage in territorial seas, as well as the nature and the extent of the 
jurisdiction of the coastal State, the flag State and the port State.] 
The delegation of Turkey expressed a reservation on this paragraph, 
12-
Proposal by Greece: 
P. 
Variant 1: "Nothing in this Protocol nor any act adopted on the basis of this 
Protocol shall prejudice the rights of any State deriving from the law of the sea, 
in particular as regards the nature and the extent of marine areas subject to its 
sovereignty or national jurisdiction, the delimitation of marine areas between 
States with opposite or adjacent coasts, freedom of navigation on the high seas 
and the right of innocent passage in territorial seas, as well as the nature and 
the extent of the jurisdiction of the coastal State, the flag State and the port 
State. 
Variant 2: "Nothing in this Protocol nor any act adopted on the basis of this 
Protocol shall prejudice the rights, present and future claims or legal views of 
any State, provided that they are in accordance with the United Nations 
Convention on the Law of the Sea of 1982 or the applicable international law of 
the sea, regarding the nature and the extent of marine areas subject to its 
sovereignty or national jurisdiction, the delimitation of marine areas between 
States with opposite or adjacent coasts, freedom of navigation on the high seas 
and the right of innocent passage in territorial seas, as well as the nature and 
the extent of the jurisdiction of the coastal State, the flag State and the port 
State.] 
4. No act or activity undertaken on the basis of this Protocol shall constitute 
grounds for claiming, contending or disputing any claim to national sovereignty or 
jurisdiction. 
Article 3 
GENERAL OBLIGATIONS 
1. Each Party shall take the necessary measures to: 
(a) protect, preserve and manage in a sustainable and environmentally 
sound way areas of particular natural or cultural value, notably by the establishment 
of protected areas; 
(b) protect, preserve and manage threatened or endangered species of 
flora and fauna. 
2. The Parties shall cooperate, directly or through the competent international 
organizations, in the conservation and sustainable use of biological diversity in the 
area to which this Protocol applies. 
23 
3. The Parties shall identify and compile inventories of the components of 
biological diversity important for its conservation and sustainable use. 
4. The Parties shall adopt strategies, plans and programmes for the 
conservation of biological diversity and the sustainable use of marine and coastal 
biological resources and shall integrate them into their relevant sectoral and 
intersectoral policies. 
5. The Parties shall monitor the components of biological diversity referred to 
in paragraph 4 of this Article and shall identify processes and categories of activities 
which have or are likely to have a significant adverse impact on the conservation and 
sustainable use of biological diversity, and monitor their effects. 
6. Each Party shall apply the measures provided for in this Protocol 
without prejudice to the sovereignty or the jurisdiction of other Parties or other 
States. Any measures taken by a Party to enforce these measures shall be in 
accordance with international law. 
PART II 
PROTECTED AREAS 
Article 4 
OBJECTIVES 
The objective of protected areas is to safeguard: 
(a) representative types of coastal and marine ecosystems of adequate 
size to ensure their long-term viability and to maintain their biological diversity; 
(b) habitats which are in danger of disappearing in their natural area of 
distribution in the Mediterranean or which have a reduced natural area of distribution 
as a consequence of their regression or on account of their intrinsically restricted 
area; 
(c) habitats critical to the survival, reproduction and recovery of 
endangered, threatened or endemic species of flora or fauna; 
(d) sites of particular importance because of their scientific, aesthetic, 
cultural or educational interest. 
2W 
Article 5 
PROTECTION MEASURES 
The Parties, in conformity with international law and taking into account 
the characteristics of each protected area, shall take the protection measures 
required, in particular: 
(a) the strengthening of the application of the other Protocols to the 
Convention and of other relevant treaties to which they are Parties; 
(b) the prohibition of the dumping or discharge of wastes and other 
substances likely directly or indirectly to impair the integrity of the protected area; 
(c) the regulation of the passage of ships and any stopping or 
anchoring; 
(d) the regulation of the introduction of any species not indigenous to the 
protected area in question, or of genetically modified species, as well as the 
introduction or reintroduction of species which are or have been present in the 
protected area; 
(e) the regulation or prohibition of any activity involving the exploration or 
modification of the soil or the exploitation of the subsoil of the land part, the seabed 
or its subsoil; 
(f) the regulation of any scientific research activity; 
(g) the regulation or prohibition of fishing, hunting, taking of animals and 
harvesting of plants or their destruction, as well as trade in animals, parts of animals, 
plants, parts of plants, which originate in protected areas; 
(h) the regulation and if necessary the prohibition of any other activity or 
act likely to harm or disturb the species or that might endanger the state of 
conservation of the ecosystems or species or might impair the natural or cultural 
characteristics of the protected area; 
(i) any other measure aimed at safeguarding ecological and biological 
processes and the landscape. 
Z* 
Article 6 
PLANNING AND MANAGEMENT 
1. The Parties shall, in accordance with the rules of international law, adopt 
planning, management, supervision and monitoring measures for the protected areas. 
2. Such measures should include for each protected area: 
(a) the development and adoption of a management plan that specifies the 
legal and institutional framework and the management and protection measures 
applicable; 
(b) the continuous monitoring of ecological processes, habitats, population 
dynamics, landscapes, as well as the impact of human activities; 
(c) the active involvement of local communities and populations, as 
appropriate, in the management of protected areas, including assistance to local 
inhabitants who might be affected by the establishment of protected areas; 
(d) the adoption of mechanisms for financing the promotion and 
management of protected areas, as well as the development of activities which ensure 
that management is compatible with the objectives of protected areas; 
(e) contingency plans for responding to incidents that could cause damage 
or constitute a threat; 
(f) the regulation of activities compatible with the objectives for which the 
protected area was established and the terms of the related permits; 
(g) the training of managers and qualified technical personnel, as well as 
the development of an appropriate infrastructure. 
3. When protected areas covering both land and marine areas have been 
established, the Parties shall endeavour to ensure the coordination of the 
administration and management of the protected area as a whole. 
Article 7 
PROTECTED AREAS CONTIGUOUS TO INTERNATIONAL FRONTIERS 
1. If a Party intends to establish, in an area subject to its sovereignty or national 
jurisdiction, a protected area contiguous to the frontier and to the limits of a zone 
subject to the sovereignty or national jurisdiction of another Party, the 
2/ 
competent authorities of the two Parties shall consult each other with a view to 
reaching agreement on the measures to be taken and shall, inter alia, examine the 
possibility of the other Party establishing a corresponding protected area or adopting 
any other appropriate measures. 
2. If a Party intends to establish, in an area subject to its sovereignty or national 
jurisdiction, a protected area contiguous to the frontier and to the limits of a zone 
subject to the sovereignty or national jurisdiction of a State that is not a Party to this 
Protocol, the Party shall endeavour to cooperate with that State with a view to holding 
the consultations referred to in the previous paragraph. 
3. If a State which is not party to this Protocol intends to establish a protected 
area contiguous to the frontier and to the limits of a zone subject to the sovereignty 
or national jurisdiction of a Party to this Protocol, the latter shall endeavour to 
cooperate with that State with a view to holding the consultations referred to in 
paragraph 1. 
[4. If contiguous protected areas are established by two Parties or by one 
Party and a State that is not a Party to this Protocol, special agreements may 
provide for the means of consultation or cooperation referred to in paragraphs 
1 and 2 respectively.] 
Article 8 
LIST OF SPECIALLY PROTECTED AREAS OF MEDITERRANEAN IMPORTANCE 
1. In order to promote cooperation in the management and conservation 
of natural areas, as well as in the protection of threatened species and their 
habitats, the Parties shall draw up a "List of Specially Protected Areas of 
Mediterranean Importance", hereinafter referred to as the "SPAMI List". 
2. The SPAMI List may include protected sites which: 
can play an important role in conserving the components of biological 
diversity in the Mediterranean; 
contain ecosystems specific to the Mediterranean area or the habitats 
of endangered species; 
are of special interest at the scientific, aesthetic or cultural levels. 
3. The SPAMI List may only include protected areas that have protected status 
and adequate management methods and capacity to allow them to contribute towards 
the sustainable conservation of the natural and cultural heritage of the Mediterranean. 
*? 
4. The Parties agree: 
(a) to recognize the particular importance of these areas for the 
Mediterranean; 
(b) to comply with the measures applicable to the SPAMIs and not to 
authorize or undertake any activities that might be contrary to the objectives for which 
the SPAMIs were established. 
Article 9 
PROCEDURE FOR INCLUSION IN THE SPAMI LIST 
1. Proposals for inclusion in the List may be submitted: 
(a) by the Party concerned, if the area is situated in a zone already 
defined, over which it exercises sovereignty or jurisdiction; 
(b) jointly by two or more neighbouring Parties concerned if the area 
is situated on the high sea; 
(c) jointly by the neighbouring Parties concerned in areas where the 
limits of national sovereignty or jurisdiction have not yet been defined. 
2. Parties making proposals shall provide the Centre with an introductory 
report containing information on the area's geographical location, its physical 
and ecological characteristics, the background to its establishment, its legal 
status, its management plans and the means for their implementation, as well 
as a statement justifying its Mediterranean importance. 
3. The procedure for inclusion of the proposed area in the List is the 
following: 
(a) for each area, the proposal shall be submitted to the National 
Focal Points, which shall examine its conformity with the common guidelines 
and criteria adopted pursuant to Article 18; 
(b) if a proposal made in accordance with subparagraph 1 (a) of this 
Article is consistent with the guidelines and common criteria, after assessment, 
the Centre shall inform the meeting of the Parties, which decide to include the 
area in the SPAMI List; 
Z% 
(c) if a proposal made in accordance with subparagraphs 1 (b) and 
1 (c) of this Article is consistent with the guidelines and common criteria, the 
Centre shall transmit it to the Organization, which shall inform the meeting of 
the Parties. The Parties decide to include the area in the SPAMI List by 
consensus. 
4. The Parties which proposed the inclusion of the area in the List shall 
implement the protection and conservation measures specified in their 
proposals in accordance with paragraph 2 of this Article. The Contracting 
Parties undertake to observe the rules thus laid down. The Centre shall inform 
the competent international organizations of the List and of the measures taken 
in the SPAMIs. 
5. The Parties may revise the SPAMI List. To this end, the Centre shall 
prepare a report. 
Article 10 
CHANGES IN THE STATUS OF SPAMIs 
Changes in the delimitation or legal status of a SPAMI or the suppression of 
all or part of such an area shall not be decided upon unless there are important 
reasons for doing so, taking into account the need to safeguard the environment and 
comply with the obligations laid down in this Protocol and a procedure similar to that 
followed for the creation of the SPAMI and its inclusion in the List shall be 
observed. 
PART III 
PROTECTED SPECIES 
Article 12 
NATIONAL MEASURES FOR THE PROTECTION AND 
CONSERVATION OF SPECIES 
1. The Parties shall manage species of flora and fauna with the aim of 
maintaining them in a favourable state of conservation. 
2. The Parties shall, in the zones situated on the landward side of the external 
limit of their territorial sea, identify and compile lists of the endangered or threatened 
species of flora and fauna and accord protected status to such species. The Parties 
2? 
shall regulate and, where appropriate, prohibit activities having adverse effects on 
such species or their habitats, and carry out management, planning and other 
measures to ensure a favourable state of conservation of such species. 
3. With respect to protected species of fauna, the Parties shall control and, 
where appropriate, prohibit: 
(a) the taking, possession or killing (including, to the extent possible, the 
incidental taking, possession or killing), the commercial trade, the transport and the 
exhibition for commercial purposes of these species, their eggs, parts or products; 
(b) to the extent possible, the disturbance of wild fauna, particularly during 
the period of breeding, incubation, hibernation or migration, as well as other periods 
of biological stress. 
4. In addition to the measures specified in the previous paragraph, the Parties 
shall coordinate their efforts, through bilateral or multilateral action, including if 
necessary, agreements for the protection and recovery of migratory species whose 
range extends into the area to which this Protocol applies. 
5. With respect to protected species of flora and their parts and products, the 
Parties shall regulate, and where appropriate, prohibit all forms of destruction and 
disturbance, including the picking, collecting, cutting, uprooting, possession of, 
commercial trade in, or transport and exhibition for commercial purposes of such 
species. 
6. The Parties shall formulate and adopt measures and plans with regard to ex 
situ reproduction, in particular captive breeding, of protected fauna and propagation 
of protected flora. 
7. The Parties shall endeavour, directly or through the Centre, to consult with 
range States that are not Parties to this Protocol, with a view to coordinating their 
efforts to manage and protect endangered or threatened species. 
8. The Parties shall make provision, where possible, for the return of protected 
species exported or held illegally. Efforts should be made by Parties to reintroduce 
such specimens to their natural habitat. 
3o 
Article 13 
COOPERATIVE MEASURES FOR THE PROTECTION AND 
CONSERVATION OF SPECIES 
1. The Parties shall adopt cooperative measures to ensure the protection and 
conservation of the flora and fauna listed in the Annexes to this Protocol relating 
to the List of Endangered or Threatened Species and the List of Species whose 
Exploitation is Regulated. 
2. The Parties shall ensure the maximum possible protection and recovery of 
the species of fauna and flora listed in the Annex relating to the List of 
Endangered or Threatened Species by adopting at the national level the measures 
provided for in paragraphs 3 and 5 of Article 12 of this Protocol. 
3. The Parties shall prohibit the destruction of and damage to the habitat of 
species listed in the Annex relating to the List of Endangered or Threatened 
Species and shall formulate and implement action plans for their conservation or 
recovery. They shall continue to cooperate in implementing the relevant action plans 
already adopted. 
4. The Parties, in cooperation with competent international organizations, shall 
take ail appropriate measures to ensure the conservation of the species listed in the 
Annex relating to the List of Species whose Exploitation is Regulated while at 
the same time authorizing and regulating the exploitation of these species so as to 
ensure and maintain their favourable state of conservation. 
5. When the range area of a threatened or endangered species extends to both 
sides of a national frontier or of the limit that separates the territories or the areas 
subject to the sovereignty or the national jurisdiction of two Parties to this Protocol, 
these Parties shall cooperate with a view to ensuring the protection and conservation 
and, if necessary, the recovery of such species. 
6. Provided that no other satisfactory solutions are available and that the 
exemption does not harm the survival of the population or of any other species, the 
Parties may grant exemptions to the prohibitions prescribed for the protection of the 
species listed in the Annexes to this Protocol for scientific, educational or 
management purposes necessary to ensure the survival of the species or to prevent 
significant damage. Such exemptions shall be notified to the Contracting Parties. 
yi 
Article 14 
INTRODUCTION OF NON-INDIGENOUS 
OR GENETICALLY MODIFIED SPECIES 
1. The Parties shall take all appropriate measures to regulate the intentional or 
accidental introduction of non-indigenous or genetically modified species to the wild 
and prohibit those that may have harmful impacts on the ecosystems, habitats or 
species in the area to which this Protocol applies. 
2. The Parties shall endeavour to implement all possible measures to eradicate 
species that have already been introduced when, after scientific assessment, it 
appears that such species cause or are likely to cause damage to ecosystems, 
habitats or species in the area to which this Protocol applies. 
PART IV 
PROVISIONS COMMON TO PROTECTED AREAS AND SPECIES 
Article 16 
AMENDMENTS TO ANNEXES 
1. The procedures for amendments to Annexes to this Protocol shall be 
those set forth in Article 17 of the Convention. 
2. All proposed amendments submitted to the meeting of Contracting 
Parties shall have been the subject of prior evaluation by the meeting of 
National Focal Points. 
Article 17 
INVENTORIES 
Each Party shall compile comprehensive inventories of: 
(a) areas over which they exercise sovereignty or jurisdiction that contain 
rare or fragile ecosystems, that are reservoirs of biological diversity, that are important 
for threatened or endangered species; 
(b) species of fauna or flora that are endangered or threatened. 
3Z~ 
Article 18 
ESTABLISHMENT OF GUIDELINES AND COMMON CRITERIA 
The Parties shall adopt: 
(a) common criteria for the choice of protected marine and coastal 
areas that could be included in the SPAMI List which shall be annexed to the 
Protocol; 
(b) common criteria for the inclusion of additional species in the 
Annexes; 
(c) guidelines for the establishment and management of protected 
areas. 
The criteria and guidelines referred to in paragraphs (b) and (c) may be 
amended by the meeting of the Parties on the basis of a proposal made by one 
or more Parties. 
Article 19 
ENVIRONMENTAL IMPACT ASSESSMENT 
In the planning process leading to decisions on industrial and other projects 
and activities that could significantly affect protected areas and species and their 
habitats, the Parties shall evaluate and take into consideration the possible direct or 
indirect, immediate or long-term, impact, including the cumulative impact of the 
projects and activities being contemplated. 
Article 20 
INTEGRATION OF TRADITIONAL ACTIVITIES 
1. In formulating protective measures, the Parties shall take into account the 
traditional subsistence and cultural activities of their local populations. They shall grant 
exemptions, as necessary, to meet such needs. No exemption which is allowed for 
this reason shall: 
(a) endanger either the maintenance of ecosystems protected under this 
Protocol or the biological processes contributing to the maintenance of those 
ecosystems; 
53 
(b) cause either the extinction of, or a substantial reduction in, the number 
of individuals making up the populations or species of flora and fauna, in particular 
endangered, threatened, migratory or endemic species. 
2. Parties which grant exemptions from the protection measures shall inform the 
Contracting Parties accordingly. 
Article 21 
PUBLICITY, INFORMATION, PUBLIC AWARENESS AND EDUCATION 
1. The Parties shall give appropriate publicity to the establishment of protected 
areas, their boundaries, buffer zones, applicable regulations, and to the designation 
of protected species, their habitats and applicable regulations. 
2. The Parties shall endeavour to inform the public of the interest and value of 
protected areas and species, and of the scientific knowledge which may be gained 
from the point of view of nature conservation and other points of view. Such 
information should have an appropriate place in education programmes. The Parties 
shall also endeavour to promote the participation of their public and their conservation 
organizations in measures that are necessary for the protection of the areas and 
species concerned, including environmental impact assessments. 
Article 22 
SCIENTIFIC, TECHNICAL AND MANAGEMENT RESEARCH 
1. The Parties shall encourage and develop scientific and technical research 
relating to the aims of this Protocol. They shall also encourage and develop research 
into the sustainable use of protected areas and the management of protected 
species. 
2. The Parties shall consult, when necessary, among themselves and with 
competent international organizations with a view to identifying, planning and 
undertaking scientific and technical research and monitoring programmes necessary 
for the identification and monitoring of protected areas and species and assessing the 
effectiveness of measures taken to implement management and recovery plans. 
3. The Parties shall exchange, directly or through the Centre, scientific and 
technical information concerning current and planned research and monitoring 
programmes and the results thereof. They shall, to the fullest extent possible, 
coordinate their research and monitoring programmes, and endeavour jointly to define 
or standardize their procedures. 
JV 
4. In technical and scientific research, the Parties shall give priority to SPAMIs 
and species appearing in the Annexes to this Protocol. 
Article 23 
MUTUAL COOPERATION 
1. The Parties shall, directly or with the assistance of the Centre or international 
organizations concerned, establish cooperation programmes to coordinate the 
establishment, conservation, planning and management of protected areas, as well 
as the selection, management and conservation of protected species. There shall be 
regular exchanges of information concerning the characteristics of protected areas 
and species, the experience acquired and the problems encountered. 
2. The Parties shall, at the earliest opportunity, communicate any situation that 
might endanger the ecosystems of protected areas or the survival of protected 
species of flora and fauna to the other Parties, to the States that might be affected 
and to the Centre. 
Article 24 
MUTUAL ASSISTANCE 
1. The Parties shall cooperate, directly or with the assistance of the Centre or 
the international organizations concerned, in formulating, financing and implementing 
programmes of mutual assistance and assistance to developing countries that express 
a need for it with a view to implementing this Protocol. 
2. These programmes shall include public environmental education, the training 
of scientific, technical and management personnel, scientific research, the acquisition, 
utilization, design and development of appropriate equipment, and transfer of 
technology on advantageous terms to be agreed among the Parties concerned. 
3. The Parties shall, in matters of mutual assistance, give priority to the SPAMIs 
and species appearing in the Annexes to this Protocol. 
Article 25 
REPORTS OF THE PARTIES 
The Parties shall submit to ordinary meetings of the Parties a report on 
the implementation of this Protocol, in particular on: 
β s 
(a) the status of the areas included in the SPAMI List; 
(b) any changes in the delimitation or legal status of the SPAMIs and 
protected species; 
(c) possible exemptions allowed pursuant to Articles 13 and 20 of this 
Protocol. 
PARTV 
INSTITUTIONAL PROVISIONS 
Article 27 
NATIONAL FOCAL POINTS 
Each Party shall designate a National Focal Point to serve as liaison with the 
Centre on the technical and scientific aspects of the implementation of this Protocol. 
The National Focal Points shall meet periodically to carry out the functions 
deriving from this Protocol. 
Article 28 
COORDINATION 
1. The Organization shall be responsible for coordinating the implementation 
of this Protocol. For this purpose, it shall receive the support of the Centre, to 
which it may entrust the following functions: 
(a) assisting the Parties, in cooperation with the competent international, 
intergovernmental and non-governmental organizations, in: 
establishing and managing specially protected areas in the area to 
which this Protocol applies; 
conducting programmes of technical and scientific research as 
provided for in Article 22 of this Protocol; 
conducting the exchange of scientific and technical information among 
the Parties as provided for in Article 22 of this Protocol; 
preparing management plans for protected areas and species; 
developing cooperative programmes pursuant to Article 23 of this 
Protocol; 
preparing educational materials designed for various groups; 
3f 
(b) convening and organizing the meetings of the National Focal Points 
and providing them with secretariat services; 
(c) formulating recommendations on guidelines and common criteria 
pursuant to Article 18 of this Protocol; 
(d) creating and updating databases of protected areas, protected species 
and other matters relevant to this Protocol; 
(e) preparing reports and technical studies that may be required for the 
implementation of this Protocol; 
(f) elaborating and implementing the training programmes mentioned in 
Article 24, paragraph 2; 
(g) cooperating with regional and international governmental and non­
governmental organizations concerned with the protection of areas and species, 
provided that the specificity of each organization and the need to avoid the duplication 
of activities are respected; 
(h) carrying out the functions assigned to it in the action plans 
adopted in the framework of this Protocol; 
(i) carrying out any other function assigned to it by the Parties. 
Article 29 
MEETINGS OF THE PARTIES 
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. [Take into account any changes in the 
Convention] 
2. The meetings of the Parties to this Protocol are particularly aimed at: 
(a) keeping under review the implementation of this Protocol; 
(b) overseeing the work of the Organization and of the Centre relating 
to the implementation of this Protocol and providing policy guidance for their 
activities; 
3? 
(c) considering the efficacy of the measures adopted for the management 
and protection of areas and species, and examining the need for other measures, in 
particular in the form of Annexes and amendments to this Protocol or to its Annexes; 
(d) adopting the guidelines and common criteria provided for in Article 18 
of this Protocol; 
(e) considering reports transmitted by the Parties under Article 25 of this 
Protocol, as well as any other pertinent information which the Parties transmit through 
the Centre; 
(f) making recommendations to the Parties on the measures to be 
adopted for the implementation of this Protocol; 
(g) examining the recommendations of the meetings of the National Focal 
Points pursuant to Article 27 of this Protocol; 
(h) examining any other matter relevant to this Protocol, as appropriate. 
(i) discussing and evaluating the exemptions allowed by the Parties 
in conformity with Articles 13 and 20 of this Protocol. 
PART VI 
FINAL PROVISIONS 
Article 30 
EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION 
The provisions of this Protocol shall not affect the right of Parties to adopt 
relevant stricter domestic measures for the implementation of this Protocol. 
Article 31 
RELATIONSHIP WITH THIRD PARTIES 
1. The Parties shall invite States that are not Parties to the Protocol and 
international organizations to cooperate in the implementation of this Protocol. 
3i 
2. The Parties undertake to adopt appropriate measures, consistent with 
international law, to ensure that no one engages in any activity contrary to the 
principles or purposes of this Protocol. 
Article 32 
SIGNATURE 
This Protocol shall be open for signature at [place] from [date] to [date], by 
any Contracting Party to the Convention. 
Article 33 
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. 
Article 34 
ACCESSION 
As from [date], this Protocol shall be open for accession by any State and 
regional economic grouping which is Party to the Convention. 
Article 35 
[ENTRY INTO FORCE 
1. 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. 
2. From the date of its entry into force, this Protocol shall replace the Protocol 
Concerning Mediterranean Specially Protected Areas, open for signature at Geneva 
on 3 April 1982, in the relationship among the Parties to both instruments. 
3? 
In witness whereof, the undersigned, being duly authorized, have signed this 
Protocol. 
Done at [place], on [date], in a single copy in the Arabic, English, French and 
Spanish languages, the four texts being equally authoritative, for signature by any 
Party to the Convention.] 
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