*** J COMMISSION OF THE EUROPEAN COMMUNITIES 
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Brussels, 26.02.1996 
COM<96) 63 final 
PROPOSAL FOR A COUNCIL DECISION 
CONCERNING THE SIGNA TURE OF THE REVISED PROTOCOL 
FOR THE PROTECTION OF THE MEDITERRANEAN SEA 
AGAINST POLLUTION FROM LAND-BASED SOURCES 
AND THE PROTOCOL ON THE PREVENTION OF POLLUTION 
OF THE MEDITERRANEAN SEA RESULTING FROM THE TRANSBOUNDARY 
MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL 
(BARCELONA CONVENTION) 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. The Community is a Contracting Party to the Convention for the Protection of the 
Mediterranean Sea against Pollution.1 It has also concluded the four Protocols adopted 
within the framework of the Convention, namely the Protocol for the prevention of 
pollution by dumping,1 the Protocol concerning cooperation in combating pollution by oil 
and other harmful substances,2 the Protocol for protection against pollution from land-
based sources3 and the Protocol concerning specially protected areas.4 
2. At their seventh ordinary meeting (Cairo, October 1991) the Contracting Parties 
to the Barcelona Convention requested the drafting of a Protocol on the prevention of 
pollution of the Mediterranean Sea resulting from the transboundary movements of 
hazardous wastes and their disposal. 
3. At least some of the areas covered by this protocol fall within the Community's 
jurisdiction; there is a considerable amount of Community waste legislation, including 
Regulation No 259/93, and the Community is a Contracting Party to the Convention on 
the control of transboundary movements of hazardous wastes and their disposal (Basel 
Convention).5 
4. Following the Commission's December 1995 proposal (SEC(95)2102 final) to the 
Council concerning a recommendation with a view to opening negotiations on the said 
Protocol, the Council, at its ... meeting of... gave the Commission negotiating directives 
to represent the Community in the negotiations. 
5. The next negotiating meeting is scheduled for 17 and 20 April 1996 at Izmir 
(Turkey) with a view to finalising the Protocol. 
6. The Conference of Plenipotentiaries for the signature of the said Protocol should 
take place in the second half of 1996. 
7. At their eighth ordinary meeting (Antalya, October 1993) the Contracting Parties 
to the Barcelona Convention requested the revision of the Convention and the four related 
Protocols on dumping, oil and harmful substances, land-based sources of pollution and 
specially protected areas (point 1). 
Decision 77/585/EEC, OJ L 240, 19.9.1977. 
Decision 81/420/EEC, OJ L 162, 19.6.1981. 
Decision 83/101/EEC, OJ L 67, 12.3.1983. 
Decision 84/132/EEC, OJ L 68, 10.3.1984. 
Decision 93/98/EEC, OJ L 39, 16.2.1993. 
Zj 
8. At its 1852nd meeting on 9 June 1995 the Council decided both to authorize the 
signature, on behalf of the Community, of the revised texts of the Convention and the two 
related Protocols on the prevention of pollution by dumping and specially protected areas 
and to give the Commission negotiating directives to represent the Community in the 
negotiations on the revision of the other Protocols, including the Protocol on land-based 
sources of pollution. 
9. Following this Decision by the Council, the Commission signed the revised texts 
of the Convention and the two Protocols in Barcelona on 10 June 1995. 
10. The Commission has participated in the working party responsible for preparing 
the amendments to the Protocol on land-based sources of pollution and finds the outcome 
of the negotiations fully satisfactory. 
11. At least some of the areas covered by the amendments to the Protocol for 
protection against pollution from land-based sources fall within the Community's 
jurisdiction. The Community has adopted several directives on water and is a Contracting 
Party to many international conventions in this field. 
12. A Conference of Plenipotentiaries is due to be held in Syracuse on 7 and 8 March 
1996 for the signature of the amended Protocol. It will be preceded by a meeting of 
experts on 4 and 5 March to finalize the text. 
13. The Commission draws the Council's attention to the expediency of adopting the 
decision in good time so that the Community can sign the amended Protocol on land-
based sources of pollution and the Protocol on transboundary movements of hazardous 
wastes and their disposal, once these are open for signature, alongside the Member States 
which are Contracting Parties to the Barcelona Convention. 
14. The Council is therefore invited to authorize the President to designate the 
person(s) empowered to sign, on behalf of the Community, subject to subsequent 
conclusion, the revised Protocol on the protection of the Mediterranean Sea against 
pollution from land-based sources and the Protocol on the prevention of pollution of the 
Mediterranean Sea resulting from the transboundary movements of hazardous wastes and 
their disposal, within the framework of the Barcelona Convention. 
1 
PROPOSAL FOR A COUNCIL DECISION 
CONCERNING THE SIGNATURE OF THE REVISED PROTOCOL 
FOR THE PROTECTION OF THE MEDITERRANEAN SEA 
AGAINST POLLUTION FROM LAND-BASED SOURCES 
AND THE PROTOCOL ON THE PREVENTION OF POLLUTION 
OF THE MEDITERRANEAN SEA RESULTING FROM THE TRANSBOUNDARY 
MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL 
(BARCELONA CONVENTION) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the proposal from the Commission, 
Whereas the Community is a Contracting Party to the Convention for the protection of 
the Mediterranean Sea against pollution (Barcelona Convention)1 and the four Protocols 
thereto;2 
Whereas the Commission has participated, on behalf of the Community, within the 
working parties set up by the Contracting Parties to the Barcelona Convention, in the 
negotiations on the revision of the Protocol for protection against pollution from land-
based sources and the drafting of the Protocol on the prevention of pollution resulting 
from the transboundary movements of hazardous wastes and their disposal; 
Whereas at least some of the areas covered by the said Protocols fall within the 
Community's field of competence; 
Whereas the Commission has informed the Council of the outcome of the negotiations 
in order that it may adopt a final position; 
Whereas the revised Protocol for protection against pollution from land-based sources and 
the Protocol on the prevention of pollution resulting from the transboundary movements 
of hazardous wastes and their disposal must be adopted and opened for signature by the 
Contracting Parties at the Conferences of Plenipotentiaries to be held in Syracuse on 7 
and 8 March 1996 and in the second half of 1996 respectively; 
Whereas it is important that, subject to subsequent conclusion, the two Protocols be 
signed by the Community, 
OJ No L 240, 19.9.1977, pp. 1 and 3. 
OJ No L 240, 19.9.1977, pp. 1 and 12. 
OJ No L 162, 19.6.1981, p. 4. 
OJ No L 67, 12.3.1983, p. 1. 
OJ No L 68, 10.3.1984, p. 36. 
.s 
HAS DECIDED AS FOLLOWS: 
SOLE ARTICLE 
The President of the Council is hereby authorized to appoint the person(s) empowered to 
sign, on behalf of the Community, subject to subsequent conclusion, the revised Protocol 
for protection against pollution from land-based sources and the Protocol on the 
prevention of pollution resulting from the transboundary movements of hazardous wastes 
and their disposal within the framework of the Convention for the protection of the 
Mediterranean Sea against pollution, and to confer upon them the powers necessary for 
this purpose. 
Done at Brussels, 
For the Council, 
The President. 
G 
UNEP(OCA)/MED WG.107/3 
page 1 
AMENDWIENTS TO THE PROTOCOL FOR THE PROTECTION OF THE 
MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES 
A. TITLE 
The title of the Protocol is amended as follows: 
PROTOCOL FOR THE PROTECTION OF THE.MEDITERRANEAN ;SEA AIGAINST 
POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES 
B. PREAMBULAR PARAGRAPHS j 
. The 1st preambular paragraph of the Protocol is amended as foflows: 
Being Parties to the Convention for the. Protection of the Mediterranean Sea 
against Pollution, adopted at Barcelona on T6 February 1976 and amended on— 
The 3rd preambular paragraph of the Protocol is amended as follows: 
Noting the increasing environmental pressures resulting from Human activities 
in the Mediterranean Sea Area, particularly in the fields of industrialization and 
urbanization, as well as the seasonal increase in the coastal population due to 
tourism,-
After the 3rd preambular paragraph a new preambular paragraph is inserted as 
follows: ; . • 
Taking account of the precautionary principle and the polluter) pays p rinciple, 
and applying the environmental impact assessment, best available «techniques and 
[[ ]] best environmental practices including -dean production [(technologies!!*, as 
provided In arc 4 of the Convention, 
The 4th preambular paragraph of The Protocol is amended as follows: 
Recognizing the danger posed to the marine environment, the jiving re sources 
and the 
I and human health by pollution from land-based sources and activities 
serious problems resulting therefrom in many coastal waters and riyer estuaries of 
the ^/lediierranean Sea, primarily due to the release of untreated, insufificientiy 
treated or inadequately disposed of domestic/or industrial ?dischai;ges ana to the 
input of toxic, persistent and bioaccumulative substances,; j \ 
The part in double square, brackets in this paragraph is added 
Secretariat in reference to article 4 of the amended Convention 
} by the 
UNEP(OCA)/MED WG.107/3 
page 2 
The 6th preambular paragraph of the Protocol Is amended as folloyvs: 
Determined to take in dose cooperation the necessary measures to protect the 
Mediterranean Sea against pollution from land-based sources and activities. 
C. ARTICLE 1 
A trtie is inserted and the text is amended as follows: 
Article.1 
GENERAL UNDERTAKINGS ; 
• * * 
The Contracting Parties to this Protocol (hereinafter referred to las "the 
Parties") shall take all appropriate measures to prevent* abate, combat and 
eliminate to-the fullest possible extent pollution of the Mediterranean Sea Area 
caused by the discharges from rivers, coastal establishment ior outfalls, or 
emanating from any other land-based sources and activities: within their territories, 
with priority given in particular to the phasing out of inputs of toxica persistent and 
bioaccumuiatrve substances. 
P. ARTICLE 2 
A title is inserted. The texts of paragraphs (a) and (d) of Article 2 are amended as 
follows: 
. Article 2 
DEFINITIONS 
(a) "The Convention" means the Convention for the Protection j of the 
Mediterranean Sea against Pollution, adopted at Barcelona on 16 FJebruary 
1976 and amended on ....; 
(d) The "Hydrologie Basin" means the entire watershed area within the territories 
of the Contracting Parties, draining into the Mediterranean Sea Area as 
by article 1 of The Convention. ! i defined 
S 
UNEP(OCA)/MED W/jG.107/3 
page 3 
E. ARTICLE 3 
! 
A title is inserted and the following new paragraph is added to Article 3: 
Article 3 } 
GEOGRAPHICAL COVERAGE j 
(abis) (re-numbered as (b)) 
The hydrologie basin of the Mediterranean Sea Area.. 
Paragraph (b) is re-numbered as paragraph (c). Paragraph (c) is re-numbered as 
paragraph (d) and amended as follows: 
(d) Saltwater marshes and saltwater aquifers. 
F. ARTICLE 4 
A title is inserted and the texts of sub-paragraph (a) and (b); paragraph 1 of Article 
4 are amended as follows: 
Article <4. 
PROTOCOL AREA 
This Protocol shall apply: 
(a) To discharges originating from land-based .point and diffuse sources and 
activities within the territories of the Contracting Parties which may affect 
directly or Indirectly the Mediterranean Sea Area. These discharges shall 
include those which reach the Protocol Area through coastal disposals, rivers, 
• canals or other watercourses, induding underground watercourses, or through 
run-off and disposal under the seabed with access!from land by tunnel, 
pipeline, or other means; 
(b) To inputs from land-based sources or activities situated in the Protocol Area 
transported by the atmosphere, under conditions defined in annex III to this 
Protocol. 
The following new paragraph is added to Article 4: 
3. The Parties shall Invite States that are not parties to the Protocol and have in 
their territories parts of the hydrologie basin of the Mediterranean Area, to 
cooperate in the implementation of the Protocol. 
UNEP(OCA)/MED WG.107/3 
page 4 
G. ARTICLE 5 
A title is inserted and texts of paragraphs 1 j 2, and 4 of Arjticle 5 are amertded as 
follows: 
Article ,5 
GENERAL OBLIGATIONS 
1. The Parties undertake to eliminate pollution deriving from land-based sources 
and activities, in particular to phase out toxic, persistent and bioaccumulatjve 
11 Inputs of the substances fisted in annex I. Uinputs of the .toxic, persistent and 
]] bioaccumulative substances from the list in annex 1, section C to this Protocol.]] * 
2. To this end they shall elaborate and implement; individually or jointly, as 
appropriate, national .and regional programmes and action plans, containing 
measures and timetables for their Implementation. 
Paragraph 3 is deleted 
4. (re-numbered as 3} 
The priorities and timetables for implementing the programmes, measures and 
action plans shall be adopted by the Parties taking into account the elements set 
out in annex I and shall be periodically reviewed. ; 
The following new paragraphs are added to Article 5: 
4. When adopting programmes, measures and action plans, the Parties shall take 
into account, either individually or jointly, the best available techniques for point 
sources and the best environmental practices for point and diffuse sources 
[[ indudihg, where appropriate, dean production technologies!, [[/taking into account 
]] the criteria set forth in annex IV]].** 
5. The Parties shall take preventive measures to reduce to the minimum (the risk 
of pollution caused by accidents. 
The part in double square brackets in this paragraph is changed by the 
Secretariat for a more accurate formulation of the text. 
The part in double square brackets in this paragraph is added- by the 
Secretariat as a necessary reference to the new Annex IV. ! 
A O 
UNe>(OCA)/MED WG. 107/3 
page 5 
H. ARTICLE 6 
A title is inserted and text of Artide 6 is replaced by the following I text: 
Article 6 ; I 
AUTHORIZATION OR REGULATION SYSTEM I 
1. Point source discharges to the Protocol area, and releases into water or air 
which reach and may affect the Mediterranean Sea Area, shall be jstricoy (subject 
to authorization or regulation by the competent authorities ofrthe Parities, taking due 
account of the provisions of annex II to this .Protocol. Such authorization or 
regulation shall be in conformity with relevant decisions or recoirtmdndati 
Contracting Parties. ion s of the 
2. To this end each Party shall provide for systems of inspection by their 
competent authorities to assess compliance whh authorizations and regulations. 
3. The Parties may be assisted by the Organisation, upon reo^est; in establishing 
new, or strengthening existing, competent structures for mspectiorj of compliance 
with authorizations and regulations.- Such assistance shall mckidetspedal|training 
of personnel. 
4. Each Party shall consider establishing appropriate sanctions m case; of non­
compliance within its own territories. 
I. ARTICLE 7 
A title is inserted. The texts of sub-paragraph (e) of paragraph 1 and paragraph 3 
of Article 7 are amended as follows: 
Article7 
COMMON GUIDEUNES, STANDARDS AND CRITERIA 
(e) Specific requirements concerning the quantities of the substances,! listed in 
annex I, discharged, their concentration in effluents and methods of 
discharging them. 
3. The programmes, measures and action plans referred to in articles 5 and 15 
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-
-")-") 
UNEPfOCA)/MED WG. 107/3 
page 6 
J. ARTICLE 8 . i j 
A "tide is inserted and the text of Article 8 is amended as follows: | 
Article 8 i 
MONITORING v 
within the framework of the provisions of, and the monitoring programmes 
provided for, m article 12 of the Convention, and if necessary in cooperation with 
the competent international organizations, the Parties shall carry out at the earliest 
possible date monitoring activitiesin order \ 
>. • - I 
(a) Systematically to assess, as far as possible, the levels bf pollution along their 
coasts, in particular with regard to the sectors of activities arid categories of 
substances or sources listed in annex I^and periodically to provide information 
in this respect; \ 
(b) To evaluate the effectiveness of programmes, measures arid action plans 
implemented under this Protocol to eliminate td the fullest possible extent 
pollution of the marine environment. " ' 
K. ARTICLE 9 . A •• 
A title is inserted and the text of Article 9 Is amended as follows: ; 
Article 9 
SCIENTIFIC AND TECHNICAL COOPERATION \ 
* • 5 
. : i 
In conformity with article 13 of the Convention, the Parties shall cooperate in 
scientific and technological fields related to pollution from land-based sources and 
activities, particularly research on inputs, pathways and effects of pollutants and 
on the development of new methods for their treatment, reduction or elimination, 
as well as the devdopment of dean production processes for their reduction and 
elimination. To this end the Parties shall, in particular, endeavour! to: 
The following new paragraph is added to Article 9: 
(c) Promote access and transfer of environmentally sound technology including 
dean production technology. 
nt 
UNEP(OCA)/tàED WG.107/3 
page 7 
L ARTICLE 10 
A title is inserted and the text of Artide 10 is amended as follows: 
Article 10 j 
' TECHNICAL ASSISTANCE ;• " { 
1. The Parties shall, directiy or with the assistance of compétent regional ar other 
international organizations, bilaterally or mutt3aterauy> cooperate whh a view to 
formulating and, as far as possible, implementing programmes ojF assist ance to. 
developing countries, particularly in the fields of science, education and technology, 
with a view to preventing, reducing or, as appropriate, phasing out inputs of 
pollutants from land-based sources and activities and their, harmful effects in the 
marine environment. ! • j . 
2. Technical assistance would include, In particular, the training of sden title and 
technical personnel, as well as the acquisition, utilization and production by those 
countries of appropriate equipment and, as appropriate, dean production 
technologies, on advantageous terms to1 be agreed, upon among the] Parties 
concerned. i j 
M. ARTICLE 11 
A-title is inserted as follows: 
Article 11 
TRANSBOUNDARY POLLUTION 
N. ARTICLE 12 
A title is Inserted and the text of paragraphs of Artide 12 is amerjded as follows: 
Article .12 j . 
SETTLEMENT OF DISPUTES ! 
1. Taking into account article 28, paragraph 1, of the Convention, when land-
based pollution originating from the territory of one Party is likely to prejudice 
directly the Intjerests 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. \ 
-13 
UNO>(OCAJ/MED WG-107/3 
page 8 
O. ARTICLE 13 
A title is inserted. The texts of paragraph 1 v the first sentence of r^aragrarjh 2 and 
sub-paragraph (d), paragraph 2 of Artide 13 are amended as follows: 
Article 13 
flEPORTë 
of the 1. The Parties shall submit: reports every two years to the meetings 
Contracting Parées, through the Orgardzatioh, of measures taken, results achieved 
and, if the case arises, of difficulties encountered in the application of this Protocol. 
Procedures for the submission of such reports shall be determined at the meetings 
of the Parties. ! 
2. Such reports shall include, inter alia: ' j 
' • • * • : i • 
(d) Programmes, measures and action plans implenientèd in accordance 
articles 5, 7 and 15 of this Protocol. 
P. ARTICLE 14 
.!, with 
and (f). A title is inserted. The texts of paragraph 1 and of sub-paragraph .-(a), (c) 
of paragraph 2 of Artide 14 are amended as follows: * 
'..",.• Article 14 \. I 
MEETINGS 
1. Ordinary meetings of the Parties shall take: place in conjunction with ordinary 
meetings of the Contracting Partiesto the Convention held-pursuant to anricle 18 
of the Convention. The Parries may also hold extraordinary meetings in accordance 
wtth article 18 of the Convention. 
(a) To keep under review the implementation of this Protocol and bo consider the 
efficacy of the programmes, measures and action plans adopted; 
(c) To formulate and adopt programmes and measures in accordance with 
5, 7 and 15 of .this Protocol; 
. :. ' * 'j|. 
if) To consider the reports submitted by the Parties under article 13 
Protocol. 
•-"•.•/ •' * • ! . 
H articles 
of this 
CI 
]] 
[[]] UNEP(OCA)/MED WG.107/3 
page 9 
CL ARTICLE 15 ? • 
» 
A title is inserted and the text of paragraph 1 of Article 15 is amended as follows: 
Article 15 \ 
ADOPTION OF REGIONAL PROGRAMMÉS, ! 
MEASURES AND ACTION PLANS *; 
. - i 
1. The meeting of the Parties shall adopt; by a two-thirds majority, the regional 
programmes and short-term and medium-term action plans containing meast ires and 
timetables for their implementation provided for in article. 5 of this Protocol. 
The text of paragraph 2 of Article 15 is replaced by the following jtexts: 
2. Regional programmes and action plans as referred to in paragraph 1 [shall be 
formulated by the Organizations-considered and approved by the relevant technical 
body of the Contracting Parties [[recommended for approval by the Meeting of 
National Coordinators for MED POL]]* wfcfiin one year at the latest of the entry 
into force of the amendments to this Protocol. Such regional programmes and 
action plans shall be put on the agenda for the subsequent meeting of the Parties 
for adoption, [[approval]]*. The same procedure shall!be followed for any 
additional programmes and action plans. ; 
3. The measures and timetables adopted in accordance with paragraph 1 of 
[ this article shall be obligatory for the Parties (which voted for them or which have 
not notified the Secretariat of an objection within sixty days of the date of their 
] adoption]. \ j -}'' 
- • j i . 
[ID 4. The Parties which have not [voted for] [accepted] certain measures or 
[ timetables [or which have notified an objection in accordance whhithe preceding 
] paragraph J shall inform the meeting of the Parties of the provisions they intend to 
take, it being understood that these Parties may at any time give their consent to 
these measures or timetables. ; 
R. ARTICLE 16 
A title is inserted and the text of paragraph 2 of Article 16 is amended as follows: 
Article. 16 
FINAL PROVISIONS 
2. The rules of procedure and the financial rules adopted; pursuant to article 24 
of the Convention shall apply with respect $0 this Protocol, unless the Parties to 
this Protocol agree otherwise. 
The part in double square brackets in this paragraph is changea by the 
Secretariat for an accurate legal formulation of the text.! I 
/\S 
n UNEPCOCAJ/MED WG.107/3 
page 10 
S. ANNEX I 
Annex I is replaced by a new Annex I as follows: 
- ANNEX I 
ELEMENTS TO BE TAKEN INTO ACCOUNT IN THE PREPARATION 
OF PROGRAMMES AND MEASURES FOR THE ELIMINATION Of 
POLLUTION FROM LAND-BASED SOURCES A*0 ACTIVITIES 
. ' • . ' " •• " - i 
» 
This annex contains elements which will be taken into account in the 
preparation of programmes, measures and action plans!for the elimination of 
pollution from land-based sources and activities referred to in articles J5,7 and 
15 of this ProtocoL , ' i 
• v - . • . ! . j 
Such programmes, measures and action plans will aim to- cover 
of activities listed In section A of this annex. They may;also cover groups of 
substances cutting across the sectors of activities. Substances included in 
such programmes,-measures and action plans will Deselected on the {basis of 
the characteristics listed in section 8 of this annex. Section Ç of this annex 
includes various -groups of substances selected on the j basis, j of the 
characteristics listed in Section B. Priorities for action should be established 
on the basis of relative importance of the impact on public heath, the 
ecosystem and socio-economic cultural conditions. Such programmes should 
cover point sources, diffuse sources and atmospheric deposition. 
A. SECTORS OF ACTIVITIES 
The following sectors of activities, not In priority order, will be primarily 
considered when setting priorities tor the preparation of j programmes, 
measures and action plans for the elimination of the pollution from land-based 
sources and activities: ] 
1. Energy production [from fossil fuel]. 
2. Fertiliser production. 
3. Production and formulation of biocides. 
4. Pharmaceutical industry. 
5. Refineries. 
6. Paper and pulp industry. 
*c 
11 UNB?{OCA)/MED Wp. 107/3 
page 11 
7. Cement production. 
8. Tanneries. 
S. Metal industry. 
10. Mining. 
11. Shipyards. 
12. Textile industry. 
13. Electronic industry. 
14. Recycling Industry. 
15. Other sectors of the organic chemical industry. 
16. Other sectors of the inorganic chemical industry. 
17. Touristic .establishments. 
18. Agriculture. 
19. , Animal husbandry. 
20. Food processing. 
21. Aquaculture. 
22. Treatment of hazardous waste at source. 
23. Domestic waste water disposal and treatment; 
24. Urban waste disposal and treatment 
25. Sewage sludge disposal and waste disposal plants* residues. 
26. Incineration of waste. j ! 
I[27.PubIic and private works which cause physical alteration of [the 
natural state of the coastline.]]" \. 
The part in double square brackets in this annex isjaddediby the 
Secretariat In order to put it in line with the Global Programme of Action 
for the Protection of the Marine Environment from; Land-based Activfriesl 
1> 
UNEP(OCA)/MED WG.107/3 
page 12 
B. CHARACTERISTICS OF SUBSTANCES IN THE ENVIRONMENT 
In order to set priorities for substances, the Parties should take into 
account the characteristics listed below.which are not; necessarily of equal 
importance for the consideration of a particular substance or group of 
substances. 
1. Persistency. S 
t 
2. Toxicity or other noxious properties (e.g. carcinogenicity, 
mutagenicity, teratogenicity). 
3. Bioaccumulation. 
4. Radioactivity. 
- ! 
5. The ratio between observed concentrations arid no observée! effect 
concentrations (NOEC). il 
6. Risk of eutrophication of anthropogenic origin. 
7. Health effects and risks. j 
8. Transboundary significance. j 
9. Risk of undesirable changes in the marine edosystem and 
irreversibility or durability of effects. j 
10. Interference with file sustainable exploitation of living resources or 
with other legitimate uses of the sea. ! 
- ' • < ; j 
11. Effects on the taste and/or smell of products for human consumption 
from the sea, or effects on smell, colour, transparency or other 
characteristics of the water in the marine environment ; 
: i ! 
12. Distribution pattern (i.e. quantities involved, use pattern and (liability 
to reach the marine environment). 
i 
; i 
i 
C. CATEGORIES OF SUBSTANCES • • i ! 
- I 
The following groups of substances were selected on- the basis of 
characteristics listed in section B of this annex. This list will serve as a 
guidance in the preparation of programmes, measures and action plans for the 
elimination of pollution from land-based sources and activities. j 
Ai 
1. 
4, 
5. 
6. UNEP(OCA)/MED WG.107/3 
I Page 13 
Organohalogen compounds and substances which may form such 
•compounds in the marine environment". • 
• '. | 
Organophosphorus compounds and substances which may form 
such compounds in the marine!-environment*.' 
... -s ; i 
Organotin compounds and substances which may form such 
compounds in the marine environment*. ; \ 
1 ! 
! I 
: « \ 
Polycyctic aromatic hydrocarbons. j 
! 
Heavy metals and their compounds. 
! » 
Used lubricating oils. 1 
7. Radioactive substances, including their wastes,! [when their 
discharges do not comply with the principles! of radiation protection 
as defined by the competent international organizations, taking into 
account the protection of the marine environment]. 
8. Bioddes and their derivatives. . 
9. Pathogenic microorganisms and;algal toxins which could result from 
eutrophication. 
10. Crude oils and hydrocarbons of petroleum origin.; 
11. Cyanides and fluorides. 
12. Non-biodegradable detergents and other surface-active substances. 
13. Compounds of nitrogen and phosphorus. 
14. Persistent synthetic materials which may float, sink [ or remain in 
suspension and which may interfere with any legitimate use of the sea. 
15. Any other substance or group of substances having any! characteristics 
listed in section B of this annex 
With the exception of those which « are biologically j harmless or which are 
rapidly converted: into biologically harmless substances. ; 
UNEP(OCA)/MED WG.107/3 
page 14 
T. ANNEX II 
Annex U is deleted. 
U. ANNEX HI 
Annex III Is re-numbered as Annex IL Its introductory paragraph jand trie text of 
paragraph 6 of section A are amended as follows: V 
' ANNEX II ; i 
With a view to the'issue of an authorization for the discharge.of 
containing substarx^ referred 
be taken, as the case may be. erf the folkawrng factors: V j 
A CHArv^CraWSTICS^A^^ 
.:• - • ' • < 'i \ 
6. Concentrafions .with respect to catégories of substances Bsted ln£nnex L 
and other substances as appropriate. 
V. ANNEX IV 
Annex IV is re-numbered as Annex lit. 
amended as follows: The texts of paragraphs 3 and 5 are 
ANNEX ill 
5. In the case of pollution of trie Protocol Area from land-based sources through 
the atmosphère, the provisions of articles 5 and 6 toithis Protocol shall apply 
progressively to appropriate, substances and sources listed in tannex I to this 
Protocol as win be agreed by the Partes. I ~ ! 
• • • ' •• ... J .••'?• 
The provisions of annex II to this Protocol shall apply to pollution through the 
atmosphere whenever appropriate. Air pollution monitoring and fnodeUii ig using 
acceptable common emission factors and methodologies, shall be cashed but 
in the assessment of atmospheric deposition of substances, as well as in the 
compilation of inventories of quantities and rates of pollutant emissions into the 
atmosphere from land-based sources., .' j 
to 
UNEP{OCA)/MED WG.107/3 
! " "l • -T T-' 
\ page 15 
A new Annex IV is added reading as follows: 
[[ANNEXE 
A. BEST AVAILABLE TECHNIQUES 
I 7 1. The term "best available techniques* means the latest and jmost effective 
stage of development of processes and methods of operation-which indicate 
the practical suitability of a particular measure for constituting fn principle the 
basis for limiting values of emissions and general environmental impact. 
2. The term "techniques'* includes both the technology used and the way in 
which the installation is designed, built, maintained, operated and dismantled. : : ' = ! j I 
3. The term "available"* refers to processes developed on a.scale which 
makes it feasible to apply them in the relevant industrial sector under viable 
economic and technical conditions, while taking; into [consideration 
costs/benefits; it shall make no difference whether or not such processes are 
used or developed in the territory of an interested party, provided that the 
entrepreneur interested in using them could have access to them under 
reasonable conditions. 
4. The term "best" refers to the most effective processes for obtaining high 
level of protection of the environment as a whole. 
5. In determining the best available techniques, in general or individual 
cases, special consideration shall be given to: 
(a) the use of processes which.produce less waste; 
(b) the use of substances which are less hazardous; 
The Meeting of the Legal and Technical Experts to examine the 
amendments to the LBS Protocol (Siracusar 4-6 May 199fe) decided that 
an annex on the "Best available techniques" and "Best environmental 
practices" should be added to the Protocol. As a result, the meeting 
decided to use the relevant text adopted by the;Contracting Parries to 
the Paris Convention as the basis for the preparation of jthe new annex 
to the Protocol with the understanding that Contracting Parries would 
send comments and suggestions for changes. ; The present text of 
annex IV is therefore the result of the work of the Secretariat land "the 
comments received from the Contracting Parties: j 
UNEPCOGA3/MED WG.107/3 
page 16 
(c) the development of processes for the receiving and recycling of 
substances used and emitted in the course of the process and the 
waste, as appropriate; ' { 
(d) the comparable processes, equipments or jrtethods of operation 
which have recently been successfully tried iout on an industrial 
scale; j 
(e) the technological advances and changes In scientific knowledge: 
• • .. :• . I ! .1 
(ft the nature, impact and volume of the discharges and emissions 
i / j • « s I 
concerned; ! . 
.::'.•! i ' | 
(g) the starting date of operation of both new and existing plants; 
(h) the time needed to develop a better technique available; ; • * • I 
(i) tiie consumption and nature of. primary resources used (including 
. water) and energy efficiency; ' 
(j) the need to prevent or reduce-ta a minimum the global input of 
emissions ^nd environmental risks; ! ' 
(k) the need to prevent accidents and, if they should occur, to 
environmental impact; reduce; 
(Î) the flexibility for Improvement and easy modification jof the applied 
techniques; ! 
(m) the consideration of the type of disposal along with the best 
available techniques; and 
(n) the compatibility with, or suitability for, local prevailing j social, 
economic and environmental conditions. ; ; 
B. BEST ENVIRONMENTAL PRACTICE 
6. The term "best environmental practice" means the most appropriate 
combination of measures to prevent diffuse pollution or to ensure that the 
operation of anti-pollution equipment is earned out in an environmentally safe 
manner. Best environmental practice includes both practical measures and 
behaviour which respects the environment on the .-one hand, and the 
instruments used to encourage adoption of such measures and behaviour 
development on the other, ; 
Z. 2-
UNEP(OCA)/MED WG.107/3 
1 j jpage 17 
7. In determining the activities the implementation of which must be 
compatible with best environmental practice, particular considération should 
be given to the following elements: 
- the precautionary principle; 
environmental risks linked to; \ 
the activity itself; and j 
the production, utilisation and définitive elimination 
products used in the framework of this activity; 1 and of the 
- the possibility to modify the activities or to replace- them by less 
polluting ones. \ 
8. The time limits set for complying with the best environmental practice 
must take into consideration social and economic impact which could result 
from the diverse rate in the implementation of the best environmental practice. 
9. In defining the best environmental practice for a particular j diffuse 
pollution source, attention should at least be paid to: | ' • I 
(a) measures, such as: 
(i) making collection systems available to the public for jwastes 
hazardous to the environment; and i 
• I ! 
(ii) making available systems for the recovery, recycling and/or safe 
elimination of wastes which would be environmentally [unsafe] if such 
systems were not provided; and j 
(b) behaviour and promotion tools, such as: 
(i) the development and application of codes of 
good environmental practice; good behaviour and 
B (ii) the provision of information and education to the publip and to users 
about the environmental consequence of choice of [products and 
particular behaviour they adopt; j 
(iii) the establishment of systems of licensing, involving restrictions or 
banning of certain practices; and | 
! \ j 
(iv) the application of economic instruments to limit the environmental 
impact of activities or the use of certain products.]] 
21 
UNEP(OCA;/MED WG.79/4 
Page 1 
DRAFT PROTOCOL FOR THE PREVENTION OF POLLUTION 
OF THE MEDITERRANEAN SEA BY TRANSBOUNDARY MOVEMENTS 
OF HAZARDOUS WASTES AND THEIR DISPOSAL 
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 1S76, 
Conscious of the danger threatening the environment of the Mediterranean Sea area 
as a whole caused by the transboundary movements and dispesa! of hazardous -
wastes, 
Convinced that the most effective way of protecting human health and the marine 
environment from the dangers posed by hazardous wastes is the reduction and 
elimination of their generation, e.g. through substitution and other clean production 
methods, >.. 
Recognizing the increased will for the prohibition of transboundary movements of 
hazardous wastes and their disposal in other States, especially in developing 
countries, 
Taking into account the 1992 Rio Declaration on Environment and Development and 
especially Principle 14 which declares that States "should effectively cooperate to 
discourage or prevent the relocation and transfer to other States cf any activities or 
substances that cause severe environmental degradation or are found to be harmful 
to human health", 
Aware of the growing international concern regarding the need to ensure that pollution 
originating in one State is not transferred to other States and, consistent with this 
objective, and of the need to reduce transboundary movements of hazardous wastes 
to a minimum as far as possible, with the ultimate aim of phasing out such 
movements, 
Recognizing also that any State has the sovereign right to ban the entry, transit or 
disposal of hazardous wastes in its territory, 
Taking into account also the Basel Convention on the Control of Transboundary 
Movements of Hazardous Wastes and their Disposal, adopted on 22 March 1989, in 
UNE?(OCA)/MED VVG.7S/4 
Pace 2 
particular Articie 1 1, ard decision 1/22 adopted by the Firs: Meeting cf the Conference 
of the Parties tc the Easel Convention, 
Taking into account furrier that many States, among them Contracting Parties to the 
Barcelona Convention, have taken legal measures and entered into international 
agreements consister: with the Basel Convention to ban transboundary movements 
of hazardous wastes, for example, the Fourth ACP/EEC Convention signed in Lomé 
on 15 December iSSS'by the European Economic Community and the African, 
Caribbean and Pacific Group of States, and the Bamako Convention en the Ban of the 
Import into Africa and the Control of Transboundary Movement and Management of 
Hazardous Wastes wrriin Africa, adopted under the auspices of the Organization of 
African Unity on 30 January 1991, 
Recognizing further the differences in levels of economic and legislative development 
among the various Mediterranean coastal States, and realizing that hazardous waste 
should not be alicwed to be transported in order to take advantage of such economic 
or legislative disparities to the detriment of the environment and of the social well-being 
of developing countries, . 
Bearing in mind the fact that the most effective way of dealing with the threats 
represented by wastes for human health and the environment consists of decreasing 
or even prohibiting the transfer of activities which generate hazardous wastes, ; 
Have agreed as fcilows: r: ; . 
Articie 1 - Définitions 
For the purposes of this Protocol: 
(a) "Convention" means the Convention for the Protection of the Mediterranean 
Sea aganst Pollution, adopted at Barcelona on 16 February 1S76; 
'(b) A "Party" means a Contracting Party to this Protocol in accordance with 
Article 23, paragraph 1, of the Convention; 
(c) "Wastes" means substances or material which are disposed of or are 
intended to be disposed of or are required to be disposed of by the provisions 
of national law; 
(d) "Hazardous wastes" means wastes as specified in Article 2 of this Protocol; 
(e) "Disposal" means any operation specified in Annex HI to this Protocol; 
(f) "Transboundary movement" means any movement of hazardous wastes 
from an area under the national jurisdiction of one State to or through an area 
-z s 
UNEP(OCA)/MED WG.7S/4 
Pace 3 
under the national jurisdiction of another State or to or through an area not 
under the national jurisdiction of any State, provided at least two States are 
involved in the movement; 
(g) "Approved site or facility" means a site or facility for the disposal of 
hazardous wastes which is authorized or permitted to operate fcr this purpose 
by a relevant authority of the State where the site or facility is Iccated; 
(h) "Competent authority- means one governmental authority designated by 
a Party to be responsible, within such geographical areas as the Party may 
think fit for receiving the notification of a transboundary movement of hazardous 
waste, and any information related to it, and for responding to such a 
notification; 
(i) "Clean production methods" means those which avoid the generation of 
hazardous wastes in conformity with Articles 4 and 7 of this Protocol; 
(j) "Environmentally sound management" of hazardous wastes means taking 
all practicable steps to ensure that hazardous wastes are collected, transported 
and disposed of (including after-care of disposal sites) in a manner which will 
protect human health and the environment against the adverse effects which 
may result from such wastes.; 
(k) *Area under the national jurisdiction of a State" means any land, marine 
area or airspace within which -a State exercises administrative and regulatory 
responsibilities in accordance with international law in regard to the protection 
of human health or the environment; 
(I) "State of export" means a Party from which a transboundary movement 
of hazardous wastes is planned to be initiated or is initiated; 
(m) "State of import" means a Party to which a transboundary movement of 
hazardous wastes is planned or takes place for the purpose of disposal therein 
or for the purpose of loading prior to disposal in an area not under the national 
jurisdiction of any State; 
(n) "State of transit" means any State, other than the State of export or 
import, through which a movement of hazardous wastes is planned or takes 
place; 
(o) "Exporter" means any person under the jurisdiction of the State of export 
who arranges for hazardous wastes to be exported; 
(p) "Importer" means any person under the jurisdiction of the State of import 
who arranges for hazardous wastes to be imported; 
ZG 
UNEP(OCA)/MED W3.7S/4 
Pace 4 
(g) "GeneraTtor" means any person whgse activity produces hazardous 
wastes or, if that person is not known, the person who is in possession and/cr 
control of thcs^e wastes; 
(r) "Disposer" means any person to whom hazardous wastes are shipped 
and who carries out the disposal of such wastes; 
(s) "Illegal traffic" means any transboundary movement cf hazardous wastes 
as specified ir Article 8; 
(t) "Person" means -any natural or legal person; 
(u) "Developing countries" means those countries which are not Member 
States of the Organization for Economic Co-operation and Development 
(OECD);n , _ 
(v) "Developed countries" means those-countries which are Member States of " 
the Organization for Economic Co-operation and Development (OECD);n 
(w) "Organization" means the body referred to in Article 2 (b) of the 
Convention. ^ . 
Article 2 - Scope-of tre Protocol("' v • ' 
1. Hazardous wastes for the purposes of this Protocol shall be: : 
(a) Wastes that belong to any category in Annex 1 to this Protocol; 
(b) Wastes that are not covered under paragraph (a) above but are defined as, 
or are considered to be, hazardous wastes by the domestic legislation of the 
State of export, import or transit; 
(c) Wastes that possess any of the characteristics contained in Annex II to this 
Protocol; 
** 
** 
** Reservation by Israel 
Reservation by the European Economic Community 
Reservation by France 
Reservation by Spain 
zy 
UNEP(OCA)/MED WG.79/4 
Page 5 
(d) Hazardous substances that have been banned, whose registration has 
been canceled or refused through government regulatory action in the country 
of manufacture for. human health or environmental reasons, or have been 
voluntarily withdrawn or omitted from the government registration required for 
use in the country of manufacture. 
2. Wastes which derive from the normal operations of ships, the discharge of 
v/hich is covered by another international instrument, are excluded from the scope of 
this Protocol. 
3. The generator, the exporter or the importer, depending on the circumstances, 
shall bear the responsibility for checking with the competent authorities of the State of 
export, import or transit that a particular wastq, prior to its transboundary movement, 
is not subject to this Protocol. -.••"•. 
Article 3 - National definitions of hazardous wastes 
1. Each Party to the Convention shall, within six months of becoming a Party, 
inform the Organization of the wastes, other than those listed in Annex I to this 
Protocol, considered or defined as hazardous wastes under its national legislation, and 
of any requirements concerning transboundary movement procedures applicable to 
such wastes. ;:." 
2. Each Party shall subsequently Inform the Organization of any significant 
changes in information it has provided pursuant to paragraph 1 of this Articie. 
3. The .Organization shall inform all Parties of the information it has received 
pursuant to paragraphs 1 and 2 of this Article. 
4. The Parties shall be responsible for making the information transmitted to them 
by the Organization under paragraph 3 of this Article available to their exporters. 
Article 4 » General obligations 
1. The Parties shall take all appropriate measures to prevent and eliminate 
pollution of the Medrterranean Seà area which can be caused by transboundary 
movements and disposal of hazardous wastes. 
2. The Parties shall take all appropriate measures to reduce to a minimum, and 
where possible eliminate, the generation of hazardous wastes. 
3. The Parties shall also take all appropriate measures to. reduce to a minimum the 
transboundary movement of hazardous wastes, and if possible to eliminate such 
movement in the Mediterranean^ 
2.% 
UNEP(OCA)/MED WG.79/4 
Pace 6 
To achieve this goal, Parties have the right individually or collectively to ban the 
import of hazardous wastes. Other Parties shall respect this sovereign decision and 
not permit the expert of hazardous wastes to States which have prohibited their 
import. 
4. All Parties shai! take appropriate legal, administrative and other measures within 
the area under their jurisdiction to prohibit the export and transit of hazardous wastes 
to developing countries, and Parties which are not Member States of the European 
Economic Community shall prohibit all imports and transit of hazardous wastes/'' 
5. The Parties shall cooperate with other United Nations agencies, relevant 
international and regional organizations in order to prevent illegal traffic, and shall take 
appropriate measures to achieve this goal, including criminal punishment measures 
in accordance with their national legislation. 
Article 5 - Transboundary movement and notification procedures 
In exceptional ca^es, unless otherwise prohibited, when hazardous wastes 
cannot be disposed of in an environmentally sound manner in the country in which 
they originated, transboundary movements of such wastes can be allowed if: 
1. The special situation of the Mediterranean developing countries which do not 
have the technical capabilities nor the disposal facilities for the environmentally sound 
management of hazardous wastes is taken into consideration. " 
2. The competent authority of the State of import ensures that the hazardous 
waste is disposed of in an approved site or facility with the technical capacity for its 
environmentally sound disposal. 
3. The transboundary movement of hazardous wastes only takes place with the 
prior written notification of the State of export as specified in Annex IV to this Protocol, 
and the prior written consent of the State(s) of import and the State(s) of transit 
4. Every State involved in a transboundary movement ensures that such 
movement is consistent with international safety standards and financial guarantees, 
in particular the procedures and standards set out in the Basel Convention on the 
Control of Transboundary Movements of Hazardous Wastes and their Disposai. 
Reservation by the European Economic Community 
£3 
UNEP(OCA)/MED WG.79/4 
Page 7 
Article 6 - Duty to reimport 
Tne State of export shall reimport the hazardous wastes if the transboundary 
movement cannot be completed by reason of impossibility of performance of the 
contract. To this end, any State of transit shall not oppose, hinder or prevent the 
return of those wastes to the State of export after being properly informed by the State 
of export. 
Article 7 - Reoignal ccgoeration 
1. In conformity with Article 11 of the Convention, the Parties shall cooperate as 
far as possible in scientific and technological fields related to pollution from hazardous 
wastes, particularly in the implementation and development of new methods for 
reducing and eliminating hazardous waste generated through dean production 
methods. 
2. To this end, the Parties shall submit annual reports to the Organization-
regarding the hazardous wastes they generate and transfer within the area of the 
Convention in order to enable the Organization to produce a hazardous waste audit. 
3. Tne Parties shall cooperate in taking appropriate measures to implement the 
precautionary approach based on prevention of pollution problems arising from 
hazardous wastes and their transboundary movement and disposal. To this end, the 
Parties shall ensure that clean production methods are applied to production 
processes. -
Article 8 - Illegal traffic 
1. For the purpose of this Protocol, any transboundary movement of hazardous 
wastes in contravention of this Protocol or of general principles of international law 
shall be deemed to be illegal traffic. 
2. Each Party shall introduce appropriate national legislation to prevent and punish 
illegal traffic, including criminal penalties on all persons involved in such illegal 
activities. 
3. In the case of illegal traffic due to the conduct of the generator or the exporter, 
the State of export shall ensure that the wastes in question are taken back by the 
exporter or the generator or, if necessary, by itself, into the State of export within 30 
days from the time the illegal traffic has come to its attention and that appropriate legal 
action shall be taken against the contravenor(s). 
4. In the case of illegal traffic due to the conduct of the importer or disposer, the 
State of import shall ensure that the wastes in question are eliminated according to 
environmentally sound methods by the importer within 30 days from the time the illegal 
3© 
UNEP(OCA)/MED W3.7S/4 
Pace 8 
traffic has come to-tr-e attention of the State of import; if not possible, the State of 
export shall ensure thai the wastes are taken back by the exporter, the generator or, 
if necessary, by itser into the State of export. The competent authorities of the 
importing or exporting States shall ensure that legal proceedings according to this 
Protocol are taken against the contravenor(s). 
5. In cases where the responsibility for the illegal traffic cannot be assigned either 
to the exporter or gererator or to the importer or disposer, the parties concerned or 
other parties, as app'opriate, shall ensure, through cooperation that the wastes in 
question are disposée of as soon as possible in an environmentally sound manner 
either in the State of export or the State of import or elsewhere as appropriate. 
6. The Parties shail forward, as soon as possible, ail information relating to illegal 
traffic to the Organization, which shail distribute the information to all Contracting 
Parties. 
7. Tne Parties shail cooperate to ensure that no illegal traffic takes place. Upon 
request, the Organization shall assist Parties in their identificaticn of cases of illegal 
traffic and shall circulate immediately to the Parties concerned any information it has 
received regarding illegal traffic. 
8. The Organization shall undertake the necessary coordination with the 
•Secretariat of the Easel Convention in relation to the effective prevention and 
monitoring of illegal traffic in hazardous wastes. Such coordination will be mainly 
based on: 
(a) Exchange of information on cases or alleged cases cf. illegal traffic in the 
Mediterranean and coordination of action to remedy such cases; 
(b) Providing assistance in the field. of capacity building including 
development of national legislation and of appropriate infrastructure in 
the Mediterranean States with a view to the prevention and penalization 
of illegal traffic of hazardous wastes; 
(c) The establishment of a mechanism to prevent and monitor illegal traffic 
in hazardous wastes in the Mediterranean. 
Article 9 - Assistance to developing countries 
1.. ' The Parties shall, directly or with the assistance of competent or other 
international organizations or bilaterally, cooperate with a view to formulating and 
implementing programmes of financial and technical assistance to developing 
countries for the implementation of mis Protocol. 
3/1 
UNEP(OCA)/MED WG.79/4 
Page 9 
2. To that purpose, the first meeting of the Parties to this Protocol should consider 
the establishment of a regional centre for training and technical assistance in the field 
of hazardous wastes. 
Article 10 - Transmission of information 
Tne Parties shail 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 distribution of such 
information shall be determined at the meetings of the Parties. 
Article 11 « Information to and participation of the public 
1. In the exceptional cases in which transboundary movement-of hazardous 
wastes is permitted under Article 5 of this Protocol, the Parties shall ensure thaf 
adequate information is made available to the public transmitted through such 
channels as the Parties deem appropriate. 
2. The State of export and the State of import shall, in accordance with the 
provisions of this Protocol and whenever possible and appropriate, give the public an 
opportunity to participate in relevant procedures with the aim of making known its 
views and concerns. 
Article 12 - Verification 
1- Any Party which has reason to believe that another Party is acting or has acted 
in breach of its obligations under this Protocol must inform the Organization thereof,, 
and, in such an event, shall simultaneously and immediately inform, directiy or through 
the Organization, the Party against whom the allegations are made. 
2. The Organization shall carry out a verification of the substance of the allegation 
and submit a report thereon to the Parties. 
Article 13 - Liability and compensation 
The Parties shall cooperate with a view to setting out, as soon as possible, 
appropriate guidelines for the evaluation of the (damage, as well as rules and 
procedures in the field of liability and compensation for damage resulting from the 
transboundary movement and disposal of hazardous wastes. 
3 2. 
UNE?(OCA)/MED WG.7S/* 
Page 10 
Article 1^ - Meetings 
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 sarties to this Protocol may also hold extraordinary meetings in 
conformity with Artice 14 of the Convention. 
2. Tne functions of the meetings of the Parties shall be, inter alia: 
(a) To keep under review the implementation of this Protocol, and consider 
any additional measures, including in the form of annexes; 
(b) To revise and amend any annex to this Protocol;' 
(c) To forr-:ulate and adopt programmes, methods and measures in 
• accordance w~h the relevant Articles of this Protocol; ^ 
(d) To consice-" any information submitted by the Parties to the Organization or 
to the meetings of the Parties in accordance with the relevant Articles of-this 
Protocol; 
(e) To perform such other functions as may be appropriate for the application 
of this Protocc ". 
Articie 15 • Adoption 
Tne meeting, cf the Parties shall adopt, by a two-thirds (2/3) majority, any 
additional programmes and measures for the prevention and elimination of pollution 
from transboundary movements of hazardous wastes and their disposal. 
Articie 16 - Final clauses 
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 , from 
to , and at Madrid from __j to 
_, by any State invited to the Conference of Plenipotentiaries of the 
Coastal States of the Mediterranean Region on the Prevention of Pollution of the 
S3 
UNEP(OCA)/MED WG.79/4 
Pa^c 11 
Mediterranean Sea resulting from the Transboundary Movements of Hazardous 
Wastes and their Disposal held at from - to 
. 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 the 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 Span, which will assume the functions of Depositary. 
5. As from 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 (30) day following the deposit 
of at least six (6) instruments of ratification, acceptance or approval of, or accession 
to, the Protocol by the Parties referred to in paragraph 3 of this Articie. 
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective^ 
Governments, have signed this Protocol. 
Done at _________ on this _____ day of .- • • in a single copy in the 
Arabic, English, French, and Spanish languages, the four texts being equally 
authoritative. . 
3^ 
UNE?(CCA)/MED W3./S/4 
Appendix 
pace 12 
ANNEX 
CATEGORIES OF WASTES WHICH ARE HAZARDOUS WASTES 
Waste Streams: 
YO All wastes ccntaning or contaminated by radionuclides, the concentration or 
properties of which result from human activity 
Y1 Clinical wastes from medical care in hospitals, medical centres and clinics 
Y2 Wastes from the production and preparation of pharmaceutical products 
Y3 Waste pharmaceuticals, drugs and medicines 
Y4 Wastes from the production, formulation' and use of biocides - and, 
phytopharmaceuticals • 
Y5 Wastes from manufacturing, formulation and use of wood preserving chemicals 
Y6 Wastes from the production, formulation and use of organic solvents 
Y7 Wastes from heat treatment and tempering operations ccntaining cyanides 
Y8 Waste mineral oils unfit for their originally intended use 
Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions 
Y10 Waste substances and articles containing or contaminated with polychlorinated 
biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or 
polybrominated biphenyls (PBBs) 
Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment 
Y12 Wastes from production, formulation and use of inks, dyes, pigments, paints, 
lacquers, varnish 
Y13 Wastes from production, formulation and use of resins, latex, plasticizers, 
glues/adhesives -
Reservation by the European Economic Community 
Reservation by France 
Reservation by Spain 
•5-T 
UNEP(OCA)/MED WG.7S/4 
Appendix 
page 13 
Y14 Waste chemical substances arising from research and development or teaching 
activities which are not identified and/or are new and whose effects on man 
and/or the environment are not known 
Y15 Wastes of an explosive nature not subject to other legislation 
Y16 Wastes from production, formulation and use of photographic chemicals and 
processing materials 
Y17 Wastes resulting from surface treatment of metals and plastics 
Y18 Residues arising from industrial waste disposal operations 
Y46 ' Wastes collected from households, including sewage and sewage sludges 
Y47 Residues arising from the incineration of household wastes 
Wastes having as constituents: 
Y19 Metal carbonyls 
Y20 Beryllium; beryllium compounds 
Y21 Hexavalent chromium compounds 
Y22 Copper compounds 
Y23 Zinc compounds 
Y24 Arsenic; arsenic compounds 
Y25 Selenium; selenium compounds 
Y26 Cadmium; cadmium compounds . 
Y27 Antimony; antimony compounds 
Y28 Tellurium; tellurium compounds 
Y29 Mercury; mercury compounds 
Y30 Thallium; thallium compounds 
Y31 Lead; lead compounds 
Y32 Inorganic fluorine compounds excluding calcium fluoride 
3C 
UNE?(OCA)/MED WG.7S/4 
Appendix 
page 14 
Y33 Inorganic cyanides 
< 
Y34 Acidic solutions or acids in solid form 
Y35 Basic solutions, or bases in solid form 
Y36 Asbestos (dus: and fibres) 
Y37 Organic phcspnorus compounds 
Y38 Organic cyanic es 
* Y39 Phenols; phenolic compounds including chlorophenols 
Y40 Ethers 
Y41 Halcgenated crganic solvents 
Y42 Organicsolvents excluding haiogenated solvents 
Y43 Any congener of polychlorinated dibenzo-furan 
Y44 Any congener of polychlorinated dibenzo-p-dioxin 
Y45 Orgsnohalogen compounds other than substances referred to in this Annex 
(e.g. Y39, Y41, Y42, Y43, Y44). 
31 
UNEP(OCA)/MED WG.79/4 
Appendix 
ANNEX II Page 15 
LIST OF HAZARDOUS CHARACTERISTICS 
UN Code Characteristics 
Class' 
1 H1 Explosive 
An explosive substance or waste is a solid or liquid substance or 
waste (or mixture of substances or wastes) which is in itself 
capable by chemical reaction of producing gas at such a 
temperature and pressure and at such a speed as to cause 
damage to the surroundings. 
H3 Flammable liquids 
The word "flammable" has the same meaning as "inflammable"^ 
Flamrhable liquids are liquids, or mixtures of liquids, or liquids 
containing solids in solution or suspension (for example paints, 
varnishes, lacquers, etc., but not including substances or wastes 
otherwise classified on account of their dangerous characteristics) 
which give off a flammable vapour at temperatures of not more 
than 60.5 degrees C, closed-cup test, or not more than 65.6 
degrees C, open-cup test. (Since the results of open-cup tests 
and of closed-cup tests are not strictly comparable and even 
individual results by the same test are often variable, regulations 
varying from the above figures to make allowance for such 
difference would be within the spirit of this definition.) 
4.1 * H4.1 Rammable solids 
Solids, or waste solids, other than those classed as explosives, 
which under conditions encountered in transport are readily 
combustible, or may cause or contribute to fire through friction. 
4.2 H4.2 Substances or wastes liable to spontaneous combustion 
Substances or wastes which are liable to spontaneous heating 
under normal conditions encountered in transport, or in heating 
up on contact with air, and being liable to catch fire. 
Corresponds to the hazardous classification system included in the United 
Nations Recommendations on the Transport of Dangerous Goods 
(ST/SG/AC.10/1/Rev.5, United Nations, New York, 1988) 
3 g 
UNEP(OCA)/MED W3.7S/4 
Appendix 
page 16 
4.3 ~ *H4.3 S jbstances or wastes which, in contact with water emit flammable 
cases 
S jbstances or wastes which, by interaction with water, are liable 
to become spontaneously flammable or to give off flammable 
cases in dangerous quantities. 
5.1 H5.1 Oxidizing 
S jbstances or wastes which, while in themselves not necessarily 
combustible, may generally by yielding cxygen, cause or 
contribute to the combustion of other materials. 
5.2 H5.2 Organic peroxides 
Organic substances cr wastes which contain the bivalent-O-O-
structure a/e thermally unstable substances v;hich may undergo 
exothermic self-accelerating decomposition.-
6.1 H6.1 Poisonous (Acute) 
Substances or wastes liable either to cause death or serious 
injury or to harm human health if swallowed or inhaled or by skin 
contact -
6.2 H6.2 Infectious substances 
^ Substances or wastes containing viable microorganisms or their 
toxins which are known or suspected to cause disease in animals 
or humans. 
8 H8 Corrosives 
Substances or wastes which, by chemical action, will cause 
severe damage when in contact with living tissue, or in the case 
of leakage, will materially damage, or even destroy, other goods 
or the means of transport; they may also cause other hazards. 
9 H10 Liberation of toxic gases in contact with air or water 
Substances or wastes which, by interaction with air or water, are 
liable to give off toxic gases in dangerous quantities. 
9 H11 Toxic (Delayed or chronic) 
Substances or wastes which, if they are inhaled or ingested or if 
they penetrate the skin, may involve delayed or chronic effects, 
including carcinogenicity. 
UNEP(OCA)/MED WG.79/4 
Appendix 
page 17 
H12 Ecotoxic 
Substances or wastes which if released present cr may present 
immediate or delayed adverse impacts on the environment by 
means of bioaccumulation and/or toxic effects upon bioti'c 
systems. 
H13 Capable, by any means, after disposal, of yielding another 
material, e.g. leachate, which possesses any of the characteristics 
listed above. 
Mo 
UNE?fOCA)/MED V/G.79/4 
AppencU* 
pace 18 
ANNEX III 
DISPOSAL OPERATIONS 
The list of disposal operations contained in this Annex refects those which 
occur or have occurred in practice. It does not necessarily reflect a list of acceptable 
disposal operations. Pursuant to Articles 4 and 5 of this Protocol, hazardous wastes 
must in any event be managed in an environmentally sound manner. 
A. Operations v/hich do not lead to the possibility of resource recovery, 
recycling, reclamation, direct reuse or alternative uses. 
Section À encompasses ail such disposal operations whicr occur in practice. 
D1 Deposit into or onto land (e.g. landfill^ etc.) 
D2 Land treatment (e.g. biodégradation of liquid or sludgy "discards in soils, etc.) 
D3 Deep injection (e.g. injection of pumpable discards into wells, salt domes or 
naturally occurring repositories, etc.) 
D4 Surface impoundment (e.g. placement of liquid or sludge discards Into pits, 
ponds, lagoons, etc.) 
D5 Specially engineered landfill (e.g. placement into lined discrete cells which are 
capped and isolated from one another and the environment, etc.) 
D6 Release into a water body except seas/oceans 
D7 Release into seas/oceans including sea-bed insertion 
D8 Biological &eatment not specified elsewhere in this Annex which results in final 
compounds or mixtures which are discarded by means of any of the operations 
in Section A 
D9 Physico-chemical treatment not specified elsewhere in this Annex which results 
in final compounds or mixtures which are discarded by means of any of the 
operations in Section A (e.g. evaporation, drying, calcination, neutralization, 
precipitation, etc.) 
D10 Incineration on land 
D11 Incineration at sea 
D12 Permanent storage (e.g. emplacement of containers.in mines, etc.) 
If /» 
UNEP(OCA)/MED WG.79/4 
Appendix 
page 19 
D13 Blending or mixing prior to submission to any of the operations in Section A 
D14 Repackaging prier to submission to any of the operations in Section A 
D15 Storage pending any of the operations in Section A 
B. Operations which may lead to resource recovery, recycling, reclamation, 
direct reuse or alternative uses. 
Section B encompasses all such operations with respect to materials legally 
defined as or considered to be hazardous wastes and which otherwise would 
have been destined for operations included in Section A. 
R1 Use as a fuel (other than in direct incineration) or other means to generate 
energy ,, _ 
R2 Solvent reclamation/regeneration 
R3 Recycling/reclamation of organic substances which are not used as solvents 
R4 Recycling/reclamation of metais and metal compounds 
R5 Recycling/reclamation of other inorganic materials 
R6 Regeneration of acids or bases 
R7 Recovery of components used for pollution abatement 
R8 Recovery of components from catalysts 
R9 Used oil re-refining or other reuses of previously used oil 
R10 Land treatment resulting in benefit to agriculture or ecological improvement 
R11 Uses of residual materials obtained from any of the operations numbered R1-
R10 
R12 Exchange of wastes for submission to any of the operations numbered R1-R11 
R13 Accumulation of material intended for any operation in Section B 
4 a 
UNEP(OCA)/MED WS.79/4 
Appendix 
page 20 
ANNEX IV (A) 
INFORMATION TO BE PROVIDED ON NOTIFICATION 
1. Reason for waste export; 
2. Exporter of the waste _/; 
3. Generator(s) cf the waste and site of generation!/; 
4. Importer and disposer of the waste and actual site of disposal!/; 
5. Intended carrier(s) of the waste or their agents, if known _/; 
6. Country of export of the waste 
Competent authority 2/; 
7. Expected countries of transit 
Competent authority 2/; 
8. Country of import of the waste 
Competent authority 2/; 
9. Projected date(s) of shipment(s) and period of time over which waste is to be 
exported and proposed itinerary (including point of entry and exit) 3/; 
10. Means of transport envisaged (road, rail, sea, air, inland waters); 
11. Information relating to insurance 4/; 
12: Designation and physical description of the waste including Y number and UN 
number and its composition 5/ and information on any special handling 
requirements including emergency provisions in case of accidents; 
13. Type of packaging envisaged (e.g. bulk, drums, tanker); 
14. Estimated quantity in weight/volume 6/; 
15. Process by which the waste is generated 7/; 
16. Code according to ANNEX I, classifications according to ANNEX II, H number, 
and UN class; 
17. Method of disposal as per ANNEX HI; 
^5 
UNEP(OCA)/MED WG.79/4 
Appendix 
page 21 
18. Declaration by the generator and exporter that the information is correct; 
19. information transmitted (including technical description of the plant) to the 
exporter or generator from the disposer of the waste upon which the latter has 
based his assessment that there is no reason to believe that the waste will not 
be managed in an environmentally sound manner in accordance with the laws 
and regulations of the country of import; 
20. Information concerning the contract between the. exporter and the disposer. 
NOTES 
The Organization should make use of a Notification Form and accompanying 
documents such as those developed within the framework of the Basel Convention, 
the OECD and the European Economic Community. / , 
!/ Full name and address, telephone, telex or telefax number and the name, 
address, telephgne, telex gr telefax number gf the person to be contacted. 
2/ Full name and address, telephone, telex or telefax number. 
3/ In the case of a general notification covering several shipments, either the 
expected dates of each shipment or, if this is not known, the expected 
frequency of the shipments will be required. 
4/ Information to be provided on relevant insurance requirements arid how they 
are met by exporter, carrier and disposer. 
5/ The nature and the concentration of the most hazardous components, in terms 
of toxicity and other dangers presented by the waste both in handling and in 
relation to the proposed disposal method. 
6/ In the case of a general notification covering several shipments, both the 
estimated total quantity and the estimated quantities for each individual 
shipment will be required. 
7/ Insofar as this is necessary to assess the hazard and determine the 
appropriateness of the proposed disposal operation. 
iw 
UNEP(OCA), MED Y.-f2.7^/4 
Appendix 
^age 22 
ANNEX IV (B) 
INFORMATION' TO BE PROVIDED ON THE MOVEMENT DOCUMENT 
1. Exporter of Xre waste!/; 
2. Generators) di the waste and site of generation !/; 
3. Disposer of tr.e waste and actual site of disposal _/; 
4. Carrier(s) of tr.e waste!/ cr his agent(s); 
5. The date the ransboundary movement started and date(s) and signature on 
receipt by eacn person who takes charge of the waste; 
6. . Means of transport (road, rail, inland waterway, sea, air) including countries of 
export, transi: and import, also point of entry and exit where these have been 
designated; 
7. General description of the waste (physical state, proper UN shipping name and 
class, UN number, Y number and H number as applicable); ; 
8. Information on special handling requirements including emergency provision in 
case of accidents; 
9. Type and number of packages; 
10. Quantity in weight/volume; 
11. Declaration by the generator or exporter that the information is correct; 
12. Declaration by the generator or exporter indicating no objection from the 
competent authorities of all States concerned which are Parties; 
13. Certification by disposer of receipt at designated disposal facility and indication 
of method of disposal and of the approximate date of disposal. 
14. The insurance documents, bond or other guarantee as may be required by the 
Parties, as provided in Article 5, paragraph 4. 
NOTES 
The Organization should make use of a Movement Document and 
accompanying documents such as those developed within the framework of the Basel 
Convention, the OECD and the European Economic Community. 
UNEP(OCA)/MED WG.79/4 
Appendix 
page 23 
The information required on the Movement Document shall where possible be 
integrated in one document with that required under jtransport rules. Where this is not 
possible, the information should complement rather than duplicate that required under 
the transport rules: The Movement Document shall carry instructions as to who is to 
provide information and fill out any form. 
!/ Full name and address, telephone, telex or telefax number and the name, 
address, telephone, telex or telefax number of the person to be contacted in 
case of emergency. 
<iC 
ISSN 0254-1475 
COM(96) 63 final 
DOCUMENTS 
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ISBN 92-78-00621-1 
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