No C 278/4 Official Journal of the European Communities 21. 10.82 
II 
(Preparatory Acts) 
COMMISSION 
Recommendation for a Council Decision concluding the Protocol to the Barcelona 
Convention of 1976 concerning Mediterranean specially-protected areas 
(Submitted by the Commission to the Council on 28 September 1982) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 235 thereof, 
Having regard to the recommendation from the 
Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas the action programme of the European 
Communities on the environment (') stresses the need 
to protect and to purify the sea, in order that it might 
continue to play its part in the preservation and 
development of species, and to maintain the vital 
ecological balance; 
Whereas the said action programme underlines the 
urgent need for international solutions to the problem 
of the development and ecological management of 
coastal regions; 
Whereas cooperation with the developing countries, 
in particular with the Community's Mediterranean 
partners, on environmental matters is one of the 
objectives of the said action programme; 
Whereas Article 4 of the Barcelona Convention 
concluded on behalf of the Community on 25 July 
1977 (2) empowers the Contracting Parties to adopt 
additional Protocols prescribing measures, procedures 
and standards for the implementation of the said 
Convention; whereas in application of that Article the 
Mediterranean States represented at a conference of 
plenipotentiaries held in Geneva on 2 and 3 April 
1982 signed the Protocol to the said Convention 
concerning Mediterranean specially-protected areas; 
Whereas the Protocol concerning Mediterranean 
specially-protected areas provides for the adoption of 
measures concerning trade, imports and exports of 
O OJ No C 112, 20. 12. 1973; OJ No C 139, 13. 6. 1977. 
(2) OJ No L 240, 19. 9. 1977, p. 3. the fauna and flora protected by it and could, 
therefore, affect the free circulation of goods between 
Member States; 
Whereas some provisions of the said draft Protocol 
could affect Council Directive 76/464/EEC of 4 May 
1976 on pollution caused by certain dangerous sub­
stances discharged into the aquatic environment of 
the Community (3), Council Directive 79/409/EEC 
of 2 April 1979 on the conservation of wild birds (4), 
Directive 79/923/EEC 30 October 1979 on the 
quality required of shellfish waters (5) and Council 
Regulation (EEC) No 348/81 of 20 January 1981 on 
common rules for imports of cetacean products (6); 
Whereas the said Protocol concerning Mediterranean 
specially-protected areas sets out to safeguard the 
common natural resources of that region, to preserve 
the diversity of the endemic species and to protect 
certain natural habitats by setting up a number of 
specially protected areas; 
Whereas most of the signatories to the Barcelona 
Convention and to the annexed Protocols enjoy a 
special relationship with the Community within the 
framework of its overall approach to the 
Mediterranean, particularly as regards cooperation; 
whereas the Protocol concerning Mediterranean 
specially-protected areas lays down detailed rules for 
such cooperation in the sectors which it covers; 
Whereas the Community participated in the 
negotiations on the Protocol; 
Whereas the Community signed the Protocol 
concerning Mediterranean specially-protected areas 
on ; 
Whereas the Community should conclude the 
Protocol to the Barcelona Convention concerning 
areas in order to attain, in the course of the operation 
(3) OJ No L 129, 18. 5. 1976, p. 23. 
(4) OJ No L 103, 25. 4. 1979, p. 1. 
(5). OJ No L 281, 10. 11. 1979, p. 47. -
(6) OJNoL39, 12. 2. 1981, p. 1. 
21. 10.82 Official Journal of the European Communities No C 278/5 
of the common market, one of the objectives of the 
Community in the field of the protection of the 
environment and of the quality of life, and whereas 
no provision is made in the Treaty for the powers 
necessary to this end, 
HAS DECIDED AS FOLLOWS: 
The Protocol to the Barcelona Convention of 1976 
concerning Mediterranean specially-protected areas is 
THE CONTRACTING PARTIES TO THE PRESENT 
PROTOCOL, 
being parties to the convention for the Protection of 
the Mediterranean Sea against Pollution, adopted at 
Barcelona on 16 February 1976, 
conscious of the danger threatening the environment 
of the Mediterranean Sea Area as a whole, in view of 
the increasing human activities in the region, 
taking into account the special hydrographic and 
ecological characteristics of the Mediterranean Sea 
Area, 
stressing the importance of protecting and, as appro­
priate, improving the state of the natural resources 
and natural sites of the Mediterranean Sea, as well as 
of their cultural heritage in the region, among other 
means by the establishment of specially protected 
areas including marine areas and their environment, 
desirous of establishing close cooperation among 
themselves in order to achieve that objective, 
HAVE AGREED AS FOLLOWS: 
Article 1 
1. The Contracting Parties to this Protocol (here­
inafter referred to as 'the Parties') shall take all 
appropriate measures with a view to protecting those 
marine areas which are important for the safeguard of 
the natural resources and natural sites of the 
Mediterranean Sea Area, as well as for the safeguard 
of their cultural heritage in the region. hereby approved on behalf of the European 
Economic Community. 
The text of the Protocol is annexed to this Decision. 
The President of the Council shall deposit the acts as 
provided for in Article 18 of the Protocol. 
2. Nothing in this Protocol shall prejudice the 
codification and development of the law of the sea by 
the United Nations Conference on the Law of the 
Sea convened pursuant to Resolution 2750 C (XXV) 
of the General Assembly of the United Nations, nor 
the present or future claims and legal views of any 
State concerning the law of the sea and the nature 
and extent of coastal and flag State jurisdiction. 
Article 2 
For the purposes of the designation of specially 
protected areas (hereinafter referred to as 'protected 
areas'), the area to which this Protocol applies shall 
be the Mediterranean Sea Area as defined in Article 1 
of the Convention for the Protection of the 
Mediterranean Sea against Pollution (hereinafter 
referred to as 'the Convention'); it being understood 
that, for the purposes of the present Protocol, it shall 
be limited to the territorial waters of the Parties and 
may include waters on the landward side of the 
baseline from which the breadth of the territorial sea 
is measured and extending, in the case of water­
courses, up to the freshwater limit. It may also 
include wetlands or coastal areas designated by each 
of the Parties. 
Article 3 
1. The Parties shall, to the extent possible, 
establish protected areas and shall endeavour to Article 1 Article 2 
PROTOCOL 
concerning Mediterranean specially-protected areas 
United Nations 1982