COMVIISSIE VAN DE EUROPESE GEMEENSCHAPPEN 
C0M(94) 397 def. 
Brussel, 22.09.1994 
VOORSTEL VOOR EEN BESLUIT VAN DE RAAD 
BETREFFENDE DE ONDERTEKENING VAN EEN PROTOCOL INZAKE DE 
BESCHERMING VAN DE MIDDELLANDSE ZEE TEGEN VERONTREINIGING 
DOOR DE EXPLORATIE EN DE EXPLOITATIE VAN HET CONTINENTAAL 
PLAT, DE ZEEBODEM EN DE ONDERGROND DAARVAN 
(VERDRAG VAN BARCELONA) 
(door de Commissie ingediend) 
z 
TOELICHTING 
1. Op 6 mei 1992 heeft de Commissie een voorstel voor een besluit van de 
Raad betreffende de ondertekening van een protocol bij het Verdrag van 
Barcelona inzake de bescherming van de Middellandse Zee tegen 
verontreiniging door de exploratie en de exploitatie van het continentaal 
plat, de zeebodem en de ondergrond daarvan (het "off-shore" protocol), 
aangenomen en vervolgens aan de Raad toegezonden (doe. 
COM(92)169def.). 
2. Bij dit voorstel voor een besluit was een ontwerp-protocol gevoegd. Op 
grond van de voorbehouden en opmerkingen van de delegaties van de 
verdragsluitende partijen heeft het secretariaat van genoemd verdrag het 
ontwerp gewijzigd. Het gewijzigde ontwerp-protocol is als bijlage bij dit 
voorstel voor een besluit gevoegd. 
3. De Gemeenschap is partij bij het Verdrag inzake de bescherming van de 
Middellandse Zee tegen verontreiniging1. Zij heeft ook de vier protocollen 
ondertekend die in het kader van het Verdrag zijn gesloten, namelijk het 
protocol inzake de voorkoming van verontreiniging van de Middellanse 
Zee door storten1, het protocol betreffende de samenwerking bij de 
bestrijding van verontreiniging door koolwaterstoffen en andere schadelijke 
stoffen2, het protocol inzake bescherming tegen verontreiniging vanaf het 
land3 en het protocol inzake speciaal beschermde gebieden4. 
4. Op hun vierde gewone vergadering (Genua, september 1985) hebben de 
partijen bij het Verdrag van Barcelona verzocht om de opstelling van een 
protocol inzake de bescherming van de Middellandse Zee tegen 
verontreiniging door de exploratie en de exploitatie van het continentaal 
plat, de zeebodem en de ondergrond daarvan (het "off-shore" protocol), 
overeenkomstig artikel 7 van het Verdrag. 
5. Het secretariaat heeft een ontwerp-protocol opgesteld en op de zesde 
gewone vergadering van de verdragsluitende partijen (Athene, 3-6 oktober 
1989) is besloten de werkgroep van door de verdragsluitende partijen 
aangewezen deskundigen bijeen te roepen om het ontwerp van het off­
shore protocol te bestuderen en er de laatste hand aan te leggen. Deze 
groep heeft in Athene vergaderd van 7-11 mei 1990 en 8-11 januari 1991 
en in Cairo op 4 en 5 oktober 1991. 
2 Besluit 77/585/EEG - PB nr. L 240 van 19.9.1977. 
Besluit 81/420/EEG - PB nr. L 162 van 19.6.1981. 
Besluit 83/101/EEG - PB nr. L 67 van 12.3.1983. 
Besluit 84/132/EEG - PB nr. L 68 van 10.3.1984. 
3 
6. Overeenkomstig een besluit van de achtste vergadering van 
verdragsluitende partijen (Antalya, 12-15 oktober 1993) zal op 13 en 
14 oktober 1994 in Madrid een conferentie van gevolmachtigden worden 
gehouden voor de ondertekening van het protocol. Deze zal op 11 en 
12 oktober worden voorafgegaan door een vergadering van deskundigen 
om zo nodig de laatste hand aan het ontwerp-protocol te leggen. 
7. In juni 1989 heeft de Commissie bij de Raad een aanbeveling ingediend 
voor een besluit waarbij zij werd gemachtigd deel te nemen aan de 
onderhandelingen over het onderhavige protocol (doe. SEC(89)928 def.). 
Op 4 februari 1991 heeft de Raad de Commissie gemachtigd om voor 
zaken die tot de bevoegheden van de Gemeenschap behoren, 
overeenkomstig de gegeven onderhandelingsrichtsnoeren aan de 
onderhandelingen over het "off-shore" protocol deel te nemen (doe. 
4252/91). De Commissie heeft aan de vergaderingen van de groep van 
deskundigen deelgenomen. 
8. Het protocol zal in de loop van de conferentie van gevolmachtigden op 13 
en 14 oktober 1994 in Madrid voor ondertekening worden opengesteld. 
9. De Commissie wijst de Raad erop dat het wenselijk is dat het besluit tijdig 
wordt aangenomen, zodat de Gemeenschap het protocol, zodra het open 
staat voor ondertekening, samen met de bij het Verdrag van Barcelona 
aangesloten Lid-Staten kan ondertekenen. 
10. Daarom wordt de Raad gevraagd de voorzitter te machtigen om de 
persoon (personen) aan te wijzen die bevoegd is (zijn) om namens de 
Gemeenschap en onder voorbehoud van latere sluiting dit protocol te 
ondertekenen. 
y 
VOORSTEL VOOR EEN BESLUIT VAN DE RAAD 
BETREFFENDE DE ONDERTEKENING VAN EEN PROTOCOL INZAKE 
DE BESCHERMING VAN DE MIDDELLANDSE ZEE TEGEN 
VERONTREINIGING DOOR DE EXPLORATIE EN DE EXPLOITATIE 
VAN HET CONTINENTAAL PLAT, DE ZEEBODEM EN DE 
ONDERGROND DAARVAN 
(VERDRAG VAN BARCELONA) 
DE RAAD VAN DE EUROPESE UNIE, 
Gelet op het Verdrag tot oprichting van de Europese Gemeenschap, 
Gezien het voorstel van de Commissie, 
Overwegende dat de Gemeenschap partij is bij het Verdrag inzake de bescherming 
van de Middellandse Zee tegen verontreiniging1 (Verdrag van Barcelona) en bij 
de vier daaraan gehechte protocollen2; 
Overwegende dat de Commissie namens de Gemeenschap, in het kader van de 
door de partijen bij het Verdrag van Barcelona opgerichte werkgroep, heeft 
deelgenomen aan de onderhandelingen over de opstelling van een protocol 
betreffende verontreiniging door de exploratie en de exploitatie van het 
continentaal plat, de zeebodem en de ondergrond daarvan (het "off-shore" 
protocol); 
Overwegende dat het toepassingsgebied van dit protocol gedeeltelijk tot de 
bevoegdheid van de Gemeenschap behoort; 
Overwegende dat de Commissie de Raad heeft ingelicht over het resultaat van de 
onderhandelingen om hem in staat te stellen een definitief standpunt te bepalen; 
Overwegende dat dit protocol op de conferentie van gevolmachtigden die op 13 
en 14 oktober 1994 te Madrid zal worden gehouden, moet worden aangenomen 
en voor ondertekening door de verdragsluitende partjen worden opengesteld; 
Overwegende dat het van belang is dat dit protocol, onder voorbehoud van latere 
sluiting, door de Gemeenschap kan worden ondertekend, 
PB nr. L 240 van 19.9.1977, blz. 1 en 3. 
PB nr. L 240 van 19.9.1977, blz. 1 en 12 
PB nr. L 162 van 19.6.1981, blz. 4 
PB nr. L 67 van 12.3.1983, blz. 1 
PB nr. L 68 van 10.3.1984, blz. 36 
BESLUIT: 
ENIG ARTIKEL 
De voorzitter de Raad wordt gemachtigd om de persoon (personen) aan te wijzen 
die bevoegd is (zijn) om namens de Gemeenschap en onder voorbehoud van latere 
sluiting het protocol bij het Verdrag van Barcelona inzake de bescherming van de 
Middellandse Zee tegen verontreiniging door de exploratie en de exploitatie van 
het continentaal plat, de zeebodem en de ondergrond daarvan te ondertekenen, 
overeenkomstig artikel 7 van het Verdrag van Barcelona, en deze daarvoor de 
vereiste volmachten te verlenen. 
Gedaan te Brussel, 
Voor de Raad 
De Voorzitter 
United Nations & ij0 
Environment 
Programme UNEP(OCA)/MED WG.8V3 
13 June 1994 
Original: ENGUSH 
MEDITERRANEAN ACTION PLAN 
Fourth Meeting of the Working Group of Experts on 
the draft Protocol for the protection of the 
Mediterranean Sea against pollution 
resulting from Exploration and Exploitation of 
the Continental Shelf, and the Sea-bed and its 
Sub-sofl 
Madrid, 11-12 October 1994 
DRAFT PROTOCOL FOR THE 
PROTECTION OF THE MEDITERRANEAN SEA 
AGAINST POLLUTION RESULTING FROM EXPLORATION AND 
EXPLOITATION OF THE CONTINENTAL SHELF AND 
THE SEA-BED AND ITS SUB-SOIL 
UNEP 
Athens, 1994 
page 4 
DRAFT PROTOCOL FOR THE PROTECTION OF THE 
MEDITERRANEAN SEA AGAINST POLLUTION RESULTING FROM 
EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND 
THE SEA-BED AND ITS SUBSOIL 
PREAMBLE 
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, 
Bearing in mind article 7 of the said Convention, 
Bearing in mind the increase in the activities concerning exploration and 
exploitation of the Mediterranean sea-bed and its subsoil, 
Recognizing that the pollution which may result therefrom represents a serious 
danger to the environment and to human beings, 
Desirous of protecting and preserving the Mediterranean Sea from pollution 
resulting from exploration and exploitation activities, 
Taking into account the Protocols related to the Convention for the Protection 
of the Mediterranean Sea against Pollution, and, in particular, the Protocol concerning 
Cooperation in Combating Pollution of the Mediterranean Sea by Oil and Other 
Harmful Substances in Cases of Emergency, adopted at Barcelona on 16 February 
1976, and the Protocol concerning Mediterranean Specially Protected Areas, adopted 
at Geneva on 3 April 1982, 
. Bearing in mind the relevant provisions of the United Nations Convention on 
the Law of the Sea, done at Montego Bay on 10 December 1982,*1 
Recognizing the differences in levels of development between the coastal 
States, and taking account of the economic and social imperatives of the developing 
countries, 
Have agreed as follows: 
*Turkey has expressed a reservation. 
page 5 
SECTION I - GENERAL PROVISIONS O 
Article 1 - DEFINITIONS 
For the purposes of this Protocol: 
(a) "Convention" means the Convention for the Protection of the Mediterranean Sea 
against Pollution, adopted at Barcelona on 16 February 1976; 
(b) "Organization" means the body referred to in article 13 of the Convention; 
(c) "Resources" means all mineral resources, whether solid, liquid or gaseous; 
(d) "Activities concerning exploration and/or exploitation of the resources in the 
Protocol Area" (hereinafter referred to as "activities") means: 
(i) Activities of scientific research concerning the resources of the sea-bed 
and its subsoil; 
(ii) Exploration activities: 
Seismological activities; surveys of the sea-bed and its subsoil; sample 
taking; 
Exploration drilling; 
(iii) Exploitation activities: 
Installation of a fixed structure for the purpose of recovering 
. resources, and activities connected therewith; 
Development drilling; 
Recovery, treatment and storage; 
Transportation to shore by pipeline and loading of ships; 
Maintenance, repair and other ancillary operations; 
(e) "Pollution" is defined as in article 2 paragraph (a) of the Convention; 
(f) "Installation" means any fixed or floating structure, and any integral part thereof, 
that is engaged in activities, including, in particular: 
(i) Fixed or mobile offshore drilling units; 
(ii) Fixed or floating production units including dynamically positioned units; 
(iii) Offshore storage facilities including ships used for this purpose; 
UNEP(OCA)/MED WG.81 /3 
page 6 Q, 
(iv) Offshore loading terminals and transport systems for the extracted 
products, such as submarine pipelines; 
(v) Apparatus attached to it and equipment for the reloading, processing, 
storage and disposal of substances removed from the sea-bed or its 
subsoil; 
(g) "Operator" means: 
(i) The person authorized by the Party exercising jurisdiction over the area 
where the activities are undertaken (hereinafter referred to as the 
"Contracting Party") in accordance with this Protocol to carry out activities; 
or 
(ii) Any person who does not hold a valid authorization within the meaning of 
this Protocol but is de facto in overall control of the activities;*2 
(h) "Safety zone" means a zone established around installations in conformity with 
the provisions of general international law and technical requirements, with 
appropriate markings to ensure the safety of both navigation and the 
installations; 
(i) "Wastes" means substances and materials of any kind, form, or description 
which are intended to be abandoned or are abandoned in the Protocol Area 
and which might cause pollution; 
(j) "Harmful or noxious substances and materials" means substances and-materials 
of any kind, form or description, which might cause pollution, if introduced into 
the Protocol Area; 
(k) "Chemical Use Plan" means a plan drawn up by the operator of any offshore 
installation which shows: 
(i) The chemicals which the operator intends to use in the operations; 
(ii) The purpose or purposes Tor which the operator intends to use the 
chemicals; 
(iii) The maximum concentrations of the chemicals which the operator intends 
to use within any other substances, and maximum amounts intended to be 
used in any specified period; 
(iv) The area within which the chemical may escape into the marine 
environment; 
2 *Turkey has expressed a reservation. 
* * page 7 
(I) "OH" means petroleum in any form including crude oil, fuel oil, oily sludge, oil 
refuse and refined products and, without limiting the generality of the foregoing, 
includes the substances listed in the appendix to this Protocol; 
(m) "Oily mixture" means a mixture with any oil content; 
(n) "Sewage" means: 
(i) Drainage and other wastes from any form of toilets, urinals and water-
closet scuppers; 
(ii) Drainage from medical premises (dispensary, sick bay, etc.) via wash 
basins, wash tubs and scuppers located in such premises; 
(iii) Other waste waters when mixed with the drainages defined above; 
(o) "Garbage" means all kinds of victual, domestic and operational waste generated 
during the normal operation of the installation and liable to be disposed of 
continuously or periodically, except those substances which are defined or 
listed elsewhere in this Protocol; 
(p) "Freshwater limit" means the place in water courses where, at low tides and in 
a period of low freshwater flow, there is an appreciable increase in salinity due 
to the presence of sea water. 
Article 2 - GEOGRAPHICAL COVERAGE*3 
1. The area to which this Protocol applies (referred to in this Protocol as the 
"Protocol Area") shall be: 
(a) The Mediterranean Sea Area as defined in article 1 of the Convention; 
(b) Waters on the landward side of the baselines from which the breadth of 
the territorial sea is measured and extending, in the case of watercourses, 
up to the freshwater limit. 
2. Any of the Contracting Parties to this Protocol (referred to in this Protocol as 
"the Parties") may also include in the Protocol area wetlands cr coastal areas of their 
territory. 
Article 3 - GENERAL UNDERTAKINGS 
1. The Parties shall take, individually or through bilateral or multilateral cooperation, 
all appropriate measures to prevent, abate, combat and control pollution in the 
Protocol Area resulting from activities, inter alia by ensuring that 
*Turkey has expressed a reservation. 
UNEP (OCA); MED WG.81 /3 
page 8 
AA 
the best available technology, environmentally effective and economically appropriate, 
is used for this purpose. 
2. The Parties shall ensure that all necessary measures are taken so that activities 
do not cause pollution. 
SECTION II - AUTHORIZATION SYSTEM 
Article 4 - GENERAL PRINCIPLES 
1. All activities in the Protocol Area, including erection on site of installations, shall 
be subject to the prior written authorization for exploration or exploitation from the 
competent authority of the Contracting Party. Such authority, before granting the 
authorization, should be satisfied that the installation has been constructed according 
to international standards and practice and that the operator has the technical 
competence and the financial capacity to carry out the activities. Such authorization 
should be granted in accordance with the appropriate procedure, as defined by the 
competent authority of the Contracting Party. 
2. Authorization shall be refused if there are indications that the proposed activities 
are likely to cause significant adverse effects on the environment that could not be 
avoided by compliance with the conditions laid down in the authorization and referred 
to in article 6, paragraph 3, of this Protocol. 
3. When considering approval of the siting of an installation, the Competent 
Contracting Party shall ensure that no detrimental effects will be caused by such siting 
to existing installations, in particular, pipelines and cables. 
Article 5 - REQUIREMENTS FOR AUTHORIZATIONS 
1. The Contracting Party shall prescribe that any application for authorization or 
for the renewal of an authorization is subject to the submission of the project by the 
candidate operator to the competent authority of the Contracting Party and that 
any such application must include, in particular, tne following: 
(a) A survey concerning the effects of the proposed activities on the 
environment; the competent authority may, in the light of the nature, 
scope, duration and technical methods employed in the activities and of 
the characteristics of the area require that an environmental impact 
assessment be prepared in accordance with annex IV to this Protocol; 
(b) The precise definition of the geographic areas where the activity is 
envisaged, including safety zones; 
page 9 
(c) Particulars of the professional and technical qualifications of the candidate 
operator and personnel on the installation, as well as of the composition 
of the crew; 
(d) The safety measures as specified in article 15; 
(e) The operator's contingency plan as specified in article 16; 
(f) The monitoring procedures as specified in article 19; 
(g) The plans for removal of installations as specified in article 20; 
(h) Precautions for specially protected areas as specified in article 21 ; 
(i) The insurance or other financial security to cover liability as prescribed in 
article 27, paragraph 2 (b). 
2. The competent authority may decide, for scientific research and exploration 
activities, to limit the scope of the requirements laid down in paragraph 1 of this article, 
in the light of the nature, scope, duration and technical methods employed in the 
activities and of the characteristics of the area. 
Article 6 - GRANTING OF AUTHORIZATIONS 
1. The authorizations referred to in article 4 shall be granted only after examination 
by the competent authority of the Contracting Party of the requirements listed in 
article 5 and annex IV. 
2. Each authorization shall specify the activities and the period of validity of the 
authorization, establish the geographical limits of the area subject to the authorization 
and specify the technical requirements and the authorized installations. The necessary 
safety zones shall be established at a later appropriate stage. 
3. The authorization may impose conditions regarding measures, techniques or 
methods designed to reduce to the minimum risks of and damage due to pollution 
resulting from the activities. 
4. The Parties shall notify the Organization as soon as possible of authorizations 
granted or renewed. The Organization shall keep a register of all the authorized 
installations in the Protocol Area. 
Article 7 - SANCTIONS 
Each Party shall prescribe sanctions to be imposed for breach of obligations 
arising out of this Protocol, or for non-observance of the national laws or regulations 
implementing this Protocol, or for non-fulfillment of the specific conditions attached to 
the authorization. 
page 10 
43 
SECTION III - WASTES AND HARMFUL OR NOXIOUS SUBSTANCES 
AND MATERIALS 
Article 8 - GENERAL OBLIGATION 
Without prejudice to other standards or obligations referred to in this Section, 
the Parties shall impose a general obligation upon operators to use the best available, 
environmentally effective and economically appropriate technology and to observe 
internationally accepted standards regarding wastes as well as the use, storage and 
discharge of harmful or noxious substances and materials, with a view to minimizing 
the risk of pollution. 
Article 9 - HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS 
1. The use and storage of chemicals for the activities should be approved by the 
competent authority of the Contracting Party, on the basis of the Chemical Use 
Plan. 
2. The Contracting Party may regulate, limit or prohibit the use of chemicals for 
the activities in accordance with guidelines to be adopted by the Contracting Parties. 
3. For the purpose of protecting the environment, the Parties shall ensure that 
each substance and material used for activities is accompanied by a compound 
description provided by the entity producing such substance or material. {The Parties 
may require a description of the substances and materials used to protect the 
installation.} 
New para.,3 
3. For the purpose of protecting the environment, the Parties shall ensure 
that each substance and material used for activities is accompanied by a 
compound description provided by the entity producing such substance or 
material. 
4. The disposal into the Protocol Area of harmful or noxious substances and 
materials listed in annex I to this Protocol is prohibited. 
5. The disposal into the Protocol Area of harmful or noxious substances and 
materials listed in annex II to this Protocol requires, in each case, a prior special permit 
from the competent authority of the Contracting Party. 
6. The disposal into the Protocol Area of all other harmful or noxious substances 
and materials which might cause pollution requires a prior general permit from the 
competent authority of the Contracting Party. 
7. The permits referred to in paragraphs 5 and 6 above shall be issued only after 
careful consideration of all the factors set forth in annex III to this Protocol.. 
* page 11 
Article 10 - OIL AND OILY MIXTURES AND DRILLING FLUIDS 
1. The Parties shall formulate and adopt common standards for the disposal of oil 
and oily mixtures from installations into the Protocol Area: 
(a) Such common standards shall be formulated in accordance with the 
provisions of annex V, A; 
(b) Such common standards shall not be less restrictive than, in particular, the 
following: 
(i) For machinery space drainage, a maximum oil content of 15 mg per 
litre whilst undiluted; 
(ii) For production water, a maximum oil content of 40 mg per litre as an 
average in any calendar month; the content shall not at any time 
exceed 100 mg per litre; 
(c) The Parties shall determine by common agreement which method will be 
used to analyze the oil content. 
2. The Parties shall formulate and adopt common standards for the use and 
disposal of drilling fluids and drill cuttings into the Protocol Area. Such common 
standards shall be formulated in accordance with the provisions of annex V, B. 
3. Each Party shall take appropriate measures to enforce the common standards 
adopted pursuant to this article or to enforce more restrictive standards that it may 
have adopted. 
Article 11 - - SEWAGE 
1. The Contracting Party shall prohibit the discharge of sewage from installations 
permanently manned by 10 or more persons into the Protocol Area except in cases 
where: 
(a) The installation is discharging sewage after treatment as approved by the 
competent authority of the Contracting Party at a distance of at least 
four nautical miles from the nearest land or fixed fisheries installation, 
leaving the Contracting Party to decide on a casa by case basis; or 
(b) The sewage is not treated, at a distance of more than twelve nautical miles 
from the nearest land or fixed fisheries installation, leaving the Contracting 
Party to decide on a case by case basis; or*4 
(c) The sewage has passed through an approved sewage treatment plant 
certified by its competent authority of the Contracting Party. 
4 
*Turkey has expressed a reservation. 
\fl ivii_ur TVV3.0I/0 
page 12 
2. The Contracting Party shall impose stricter provisions, as appropriate, where 
deemed necessary because of, inter alia, the regime of the currents in the area or 
proximity to any area referred to in article 21. 
# 3. The exceptions referred to in paragraph 1 shall not apply if the discharge 
> produces visible floating solids or produces colouration, discolouration or opacity of 
the surrounding water. 
4. If the sewage is mixed with wastes and harmful or noxious substances and 
materials having different disposal requirements, the more stringent requirements shall 
apply. 
Article 12 - GARBAGE 
1. The Contracting Party shall prohibit the disposal into the Protocol Area of the 
following products and materials: 
(a) All plastics, including but not limited to synthetic ropes, synthetic fishing 
nets and plastic garbage bags; 
(b) All other non bio-degradable garbage, including paper products, rags, 
glass, metal, bottles, crockery, dunnage, lining and packing materials. 
2. Disposal into the Protocol Area of food wastes shall take place as far away as 
possible from land, but in any case not less than twelve nautical miles from the nearest 
land. Such wastes cannot be disposed of unless they first have gone through a 
crusher or a grinder so that they can go through a sieve whose openings do not 
exceed 25 mm. 5 
3. If garbage is mixed with other discharges having different disposal or discharge 
requirements the more stringent requirements shall apply. 
Article 13 - RECEPTICN FACILITIES, INSTRUCTIONS AND SANCTIONS 
The Parties shall ensure that: 
(a) Operators dispose satisfactorily of all wastes and harmful or noxious 
substances and materials in designated onshore reception facilities, except as 
otherwise authorized by the Protocol; 
(b) Instructions are given to all personnel concerning proper means of disposal; 
(c) Sanctions are imposed in respect of illegal disposals. 
*Turkey has expressed a reservation. 
page 13 
Article 14 - EXCEPTIONS 
1. The provisions of this Section shall not apply in case of: 
(a) Force majeure and in particular for disposals: 
- to save human life, 
- to ensure the safety of installations, 
- in case of damage to the installation or its equipment, 
on condition that ail reasonable precautions have been taken after the 
damage is discovered or after the disposal has been performed to reduce 
the negative effects. 
(b) The discharge into the sea of substances containing oil or harmful or 
noxious substances or materials which, subject to the prior approval of the 
competent authority of the Contracting Party, are being used for the 
purpose of combating specific pollution incidents in order to minimize the 
damage due to the pollution. 
2. However, the provisions of this Section shall apply in any case where the 
operator acted with the intent to cause damage or recklessly and with knowledge that 
damage will probably result. 
3. Disposals carried out in the circumstances referred to in paragraph 1 of this 
article shall be reported immediately to the Organization and, either through the 
Organization or directly, to any Party or Parties likely to be affected, together with full 
details of the circumstances and of the nature and quantities of wastes or harmful or 
noxious substances or materials discharged. 
SECTION IV - SAFEGUARDS 
Article 15 - SAFETY MEASURES 
1. The Contracting Party within whose jurisdiction activities ara envisaged or are 
being carried out shall ensure that safety measures are taken with regard to the 
design, construction, placement, equipment, marking, operation and maintenance of 
installations. 
2. The Contracting Party shall ensure that the operator has at all times on the 
installations adequate equipment and devices, maintained in good working order, for 
protecting human life, preventing and combating accidental pollution and facilitating 
prompt response to an emergency, in accordance with the best available 
environmentally effective and economically appropriate technology and the provisions 
of the operator's contingency plan referred to in article 16. 
3. The competent authority of the Contracting Party shall require a certificate 
of safety and fitness for the purpose (hereinafter referred to as "certificate") issued by 
UNEP(OCA)/MED WG.81/3 
page Ï4 /?! 
a recognized body to be submitted in respect of production platforms, mobile offshore 
drilling units, offshore storage facilities, offshore loading systems and pipelines and in 
respect of such other installations as may be specified by the Contracting Party. 
4. The Parties shall ensure through inspection that the activities are conducted by 
the operators in accordance with this article. 
Article 16 - CONTINGENCY PLANNING 
JL Each Party shall endeavour to promote and maintain a plan for combating 
pollution or other adverse effects and for saving human life in the Protocol Area in 
cases of emergencies resulting from activities (hereinafter referred to as "national 
contingency plan"), taking into account the Protocol concerning Cooperation in 
Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances 
in Cases of Emergency. The national contingency plan should establish and 
co-ordinate in particular, the equipment, ships, aircraft, and manpower prepared for 
operations in cases of emergencies. The Parties should promote bilateral or multilateral 
cooperation regarding their national contingency plans.*6 
New para.1 
1. In cases of emergency the Contracting Parties shall take into account the 
provisions of the Protocol concerning Cooperation in Combating Pollution of the 
Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency. 
2. Each Party shall require operators in charge of installations under its jurisdiction 
to have a contingency plan to combat accidental pollution, co-ordinated with the 
contingency plan of the Contracting Party established in accordance with the Protocol 
concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and 
Other Harmful Substances in Cases of Emergency and approved in conformity with 
the procedures established by the competent authorities of the Contracting Party. 
3. Each Contracting Party shall establish co-ordination and competent direction in 
accordance with annex VII to this Protocol. 
Article 17 - NOTIFICATION 
Each Party shall require operators in charge of installations under its jurisdiction 
to report without delay to the competent authority of the Contracting Party: 
(a) any event on their installation causing or likely to cause pollution in the Protocol 
Area; 
(b), any observed event at sea causing or likely to cause pollution in the Protocol 
Area. 
* France has expressed a reservation. 
page 15 
1* 
Article 18 - MUTUAL ASSISTANCE IN CASES OF EMERGENCY 
In cases of emergency, a Party requiring assistance in order to prevent, abate 
or combat pollution resulting from activities may request help from the other Parties, 
/ either directly or through the Organization, which shall do their utmost to provide the 
assistance requested. 
For this purpose, a Party who is also a Party to the Protocol concerning 
cooperation in combating pollution of the Mediterranean Sea by oil and other harmful 
substances in cases of emergency shall apply the pertinent provisions of the said 
Protocol. 
Article 19 - MONITORING 
1. The operator shall be required to measure or to entrust to a qualified entity, 
expert in the matter, the effects of the activities on the environment in the light of the 
nature, scope, duration and technical methods employed in the activities and of the 
characteristics of the area and to report on them periodically or upon request by the 
competent authority of the Contracting Party for the purpose of an evaluation by 
such competent authority according to a procedure established by the competent 
Contracting Party in its authorization system.*7 
2. The competent authority of the Contracting Party should establish, where 
appropriate, a national monitoring system in order to be in a position to survey 
regularly the installations and the impact of the activities on the environment, so as to 
ensure that the conditions attached to the grant of the authorization are being fulfilled. 
Article 20 - REMOVAL OF INSTALLATIONS 
1. The operator shall be required by the competent Contracting Party to remove 
any installation which is abandoned or d'sused, in order to ensure safety of navigation, 
taking into account the guidelines and standards adopted 'by the competent 
international organization. Such removal shall also have due regard to other legitimate 
uses of the sea, in particular fishing, the protection of the marine environment and the 
rights and duties of other Contracting Parties. Prior to it, the operator under his 
responsibility shall take all necessary measures to prevent spillage or leakage from the 
site of the activities. 
2. The competent Contracting Party shall require the operator to remove 
abandoned or disused pipelines in accordance with paragraph 1 of this article or to 
abandon and clean them inside or to bury and clean them inside so that they neither 
cause pollution, endanger navigation, hinder fishing, threaten the marine environment, 
*Turkey has expressed a reservation. 
page '5 
/)0) 
nor interfere with other legitimate uses of the sea or with the rights and duties of other 
Contracting Parties. The competent authority of the Contracting Party shall ensure 
that appropriate publicity is given to the depth.position and dimensions of any buried 
pipeline and that such information is indicate^ on charts and notified to the 
Organization and other competent international organizations and the Parties. 
3. The provisions of this article apply also to installations disused or abandoned 
by any operator whose authorization may have been withdrawn or suspended in 
compliance with article 7. 
4. The competent Contracting Party may indicate eventual modifications to be 
made to the level of activities and to the measures for the protection of the marine 
environment which had initially been provided for. 
5. The competent Contracting Party may regulate the cession or transfer of 
authorized activities to other persons. 
6. Where the operator fails to comply with the provisions of this article, the 
competent authority of the Contracting Party shall undertake, at the operator's 
expense, such action or actions as may be necessary to remedy the operator's failure 
to act. 
Article 21 - SPECIALLY PROTECTED AREAS*8 
For the protection of the areas defined in article 3 of the Protocol 
concerning Mediterranean Specially Protected Areas and any other area 
established by the Parties and in furtherance of the goals stated therein, the 
Parties shall take special measures in conformity with international law, either 
individually or through multilateral or bilateral cooperation, to prevent, abate, 
combat and control pollution arising from activities in these areas. 
In addition to the measures referred to in the Protocol concerning 
Specially Protected Areas for the granting cf authorization, such measures may 
include, inter alia: 
(a) Special restrictions or conditions when granting authorizations for such 
areas: 
(i) The preparation and evaluation cf environmental impact assessments; 
(ii) Special elaboration of provisions in such areas concerning the 
monitoring, removal of installations and prohibition of any discharge. 
g 
*Turkey has expressed a reservation. 
uiNcr^uUAj/MfcD WG.81/3 
page 17 
(b) Intensified exchange of information among operators, the competent 
national authorities, Parties and the Organization regarding matters which 
may affect such areas. 
/ SECTION V - COOPERATION 
Article 22 - STUDIES AND RESEARCH PROGRAMMES 
In conformity with article 11 of the Convention, the Parties shall, where 
appropriate, cooperate in promoting studies and undertaking programmes of scientific 
and technological research for the purpose of developing new methods of: 
(a) Carrying out activities in a way which minimizes the risk of pollution; 
(b) Preventing, abating, combating and controlling pollution, especially in cases of 
emergency. 
Article 23 - INTERNATIONAL RULES, STANDARDS AND RECOMMENDED 
PRACTICES AND PROCEDURES 
1. The Parties shall cooperate, either directly or through the Organization or other 
competent international organizations, in order to: 
(a) Establish appropriate scientific criteria for the formulation and elaboration 
of international rules, standards and recommended practices and 
procedures for achieving the aims of this Protocol; 
(b) Formulate and elaborate such international rules, standards and 
recommended practices and procedures; 
(c) The Parties shall formulate and adopt guidelines in accordance with 
international practices and procedures to ensure observance of the 
provisions of annex VI. 
2. The Parties shall, as soon as possible, endeavour to harmonize their laws and 
regulations with the international rules, standards and recommended practices and 
procedures referred to in paragraph 1 of this article. 
3. The Parties shall endeavour, as far as possible, to exchange information relevant 
to their national policies, laws and regulations and the harmonization referred to in 
paragraph 2 of this article. 
Article 24 - SCIENTIFIC AND TECHNICAL ASSISTANCE TO DEVELOPING 
COUNTRIES 
1. The Parties shall, directly or with the assistance of competent regional or other 
_..—. s^,^,^f, •VII_I_/ ITV3.0I/0 
page 18 
^0 
international organizations, cooperate with a view to formulating and, as far as 
possible, implementing programmes of assistance to developing countries, particularly 
in the fields of science, law, education and technology, in order to prevent, abate, 
combat and control pollution due to activities in the Protocol Area. 
2. Technical assistance would include, in particular, the training of scientific, legal 
and technical personnel, as well as the acquisition, utilization and production by those 
countries of appropriate equipment on advantageous terms to be agreed upon among 
the Parties concerned. 
Article 25 - MUTUAL INFORMATION 
The Parties shall inform one another directly or through the Organization of 
measures taken, of results achieved and, if the case arises, of difficulties encountered 
in the application of this Protocol. Procedures for the collection and submission of 
such information shall be determined at the meetings of the Parties. 
Article 26 - TRANSFRONTIER POLLUTION 
1. Each Party shall take all measures necessary to ensure that activities under their 
jurisdiction are so conducted so as not to cause a pollution beyond the limits of its 
jurisdiction. 
2. A Party within whose jurisdiction activities are being envisaged or carried out 
should take into account any adverse environmental effects, without discrimination as 
to whether such effects are likely to occur within the limits of its jurisdiction or beyond 
such limits. 
3. If a Party becomes aware of cases in which the marine environment is in 
imminent danger of being damaged, or has been damaged, by pollution, it shall 
immediately notify other Parties which in its opinion are likely to be affected by such 
damage as well as the Organization and provide them with timely information that 
would enable them, where necessary, to take appropriate measures. The Organization 
shall distribute the information immediately to all relevant Parties. 
4. The Parties shall endeavour, in accordance with their legal systems and, where 
appropriate, on the basis of an agreement, to grant equal access to and treatment in 
administrative proceedings to persons in other States who may be affected by pollution 
or other adverse effects resulting from proposed or existing operations. 
5. Where pollution originates in the territory of a State which is not a Contracting 
Party to this Protocol, any Contracting Party affected shall endeavour to cooperate with 
the said State so as to make possible the application of the Protocol. 
u™c.r\\j\jK)/Mt:U WU.81/3 
page 19 
Article 27 - LIABILITY AND COMPENSATION*9 
1. The Parties undertake to cooperate as soon as possible in formulating and 
adopting appropriate procedures for the determination of liability and compensation for 
/ damage resulting from the activities dealt with in this Protocol, in conformity with article 
12 of the Convention. 
2. Pending development of such procedures, the Parties: 
(a) Shall take all measures necessary to ensure that liability for damage 
caused by activities is imposed on operators, and they shall be required to 
pay prompt and adequate compensation, to be determined on the basis 
of strict and limited liability; 
(b) Shall take all measures necessary to ensure that operators shall have 
and maintain insurance cover or other financial security in such an 
amount, of such type and under such terms as the competent 
Contracting Party shall specify in order to cover the liability under this 
Protocol. 
SECTION VI - FINAL PROVISIONS 
Article 28 - APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES 
Each Contracting Party shall appoint one or more competent authorities to: 
(a) Grant, renew and register the authorizations provided for in Section II of this 
Protocol; 
(b) Issue and register the special and general permits referred to in article 9 of this 
Protocol; 
(c) Issue the permits referred to in annex V to this Protocol; 
(d) Approve the treatment system and certify the sewage treatment plant referred 
to in article 11, paragraph 1, of this Protocol; 
(e) Give the prior approval for exceptional discharges referred to in article 14, 
paragraph 1 (b), of this Protocol; 
(f) Carry out the duties regarding safety measures referred to in article 15, 
paragraphs 3 and 4, of this Protocol; 
9 
*The following reservations were expressed: by the E.E.C, France, Spain and Tunisia with 
respect to paragraph 2; by Morocco and Turkey with respect to the whole article. 
page 20 7 7 
(g) Perform the functions relating to contingency planning described in article 16 
and annex VII to this Protocol; 
(h) Establish monitoring procedures as provided in article 19 of this Protocol; 
(i) Supervise the removal operations of the installations as provided in article 20 of 
this Protocol. 
Article 29 - TRANSITIONAL MEASURES 
Each Party shall elaborate procedures and regulations regarding activities, 
whether authorized or not, initiated before the entry into force of this Protocol, to 
ensure their conformity, as far as practicable, with the provisions of this Protocol. 
Article 30 - 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 Parties may also hold extraordinary meetings in accordance with 
article 14 of the Convention. 
2. The functions of the meetings of the Parties to this Protocol shall be, inter alia: 
(a) To keep under review the implementation of this Protocol and to consider 
the efficacy of the measures adopted and the advisability of any other 
measures, in particular in the form of annexes and appendices; 
(b) To revise and amend any annex or appendix to this Protocol; 
(c) To consider the information concerning authorizations granted or renewed 
in accordance with Section II of this Protocol; 
(d) To consider the information concerning tho permits issued and approvals 
given in accordance with Section III of this Protocol, 
(a) To adept the guidelines referred to in article 9, paragraph 2, and article 23, 
paragraph 1 (c), of this Protocol; 
(f) To consider the records of the contingency plans and means of 
intervention in emergencies adopted in accordance with article 16 of this 
Protocol; 
(g) To establish criteria and formulate international rules, standards and 
recommended practices and procedures in accordance with article 23, 
paragraph 1, of this Protocol, in whatever form the Parties may agree; 
UNfcKlUUA)/MED WG.81/3 
page 21 
Z y 
(h) To facilitate the implementation of the policies and the achievement of the 
objectives referred to in Section V, in particular the harmonization of 
national and E.E.C. legislation in accordance with article 23, paragraph 2 
of this Protocol; 
(i) To review progress made in the implementation of article 27 of this 
Protocol; 
(j) To discharge such other functions as may be appropriate for the 
application of this Protocol. 
Article 31 -•• RELATIONS WITH THE CONVENTION 
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. 
Article 32 - FINAL CLAUSE 
1. This Protocol shall be open for signature, at from to 
, and at from to , by any State Party to the Convention 
invited to the Conference of Plenipotentiaries of the Coastal States of the 
Mediterranean Region for the Protection of the Mediterranean Sea against Pollution 
resulting from Exploration and Exploitation of the Sea-bed and its Subsoil, 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 Protocol Area and which 
exercises competence in fields covered by this Protocol in conformity with article 24 
of the Convention. 
2. This Protocol shall be subject to ratification, acceptance or approval. 
Instruments of ratification, acceptance or approval shall be deposited with the 
Government of Spain, which will assume the functions of Depositary. 
3. As from , this Protocol shall be open for accession by the States 
referred to in paragraph 1 above, by the European Economic Community and by any 
grouping referred to in that paragraph. 
4. This Protocol shall enter into force on the thirtieth day following the date of 
deposit of at least six instruments of ratification, acceptance or approval of, or 
accession to, the Protocol by the Parties referred to in paragraph 1 of this article. 
UNEP(OCA)/MED WG.81/3 
page 22 
Zf 
IN WITNESS WHEREOF the undersigned, being duly authorized by their 
respective Governments, as well as the Council for those matters concerning 
the European Economic Community, have signed this Protocol. 
DONE at on this in a single copy in the Arabic, English, French 
and Spanish languages, the four texts being equally authoritative. 
page 23 
ANNEX I ° 
HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS 
THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED 
A. The following substances and materials and compounds thereof are listed for 
the purposes of article 9, paragraph 4 of the Protocol. They have been selected 
mainly on the basis of their toxicity, persistence and bioaccumulation: 
1. Mercury and mercury compounds 
2. Cadmium and cadmium compounds 
3. Organotin compounds and substances which may form such compounds 
in the marine environment3/ 
4. Organophosphorus compounds and substances which may form such 
compounds in the marine environment3/ 
5. Organohalogen compounds and substances which may form such 
compounds in the marine environment3/ 
6. Crude oil, fuel oil, oily sludge, used lubricating oils and refined products 
7. Persistent synthetic materials which may float, sink or remain in suspension 
and which may interfere with any legitimate use of the sea 
8. Substances having proven carcinogenic, teratogenic or mutagenic 
properties in or through the marine environment 
9. Radioactive substances, including their wastes, if 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 environmant 
B. The present annex does not apply to discharges which contain substances 
listed in section A that are below the limits defined jointly by the Parties and, in 
relation to oil, below the limits defined in article 10 of this Protocol. 
-/ With the exception of those which are biologically harmless or which are rapidly 
converted into biologically harmless substances. 
page 24 
^ 
ANNEX II 
• HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS 
THE DISPOSAL OF WHICH IN THE PROTOCOL AREA 
IS SUBJECT TO A SPECIAL PERMIT 
A. The following substances and materials and compounds thereof have been 
selected for the purpose of article 9, paragraph 5 of the Protocol. 
1. Arsenic 
2. Lead 
3. Copper 
4. Zinc 
5. Beryllium 
6. Nickel 
7. Vanadium 
8 Chromium 
9. Biocides and their derivatives not covered in annex 
10. Selenium 
11. Antimony 
12. Molybdenum 
13. Titanium 
14. Tin 
15. Barium (other than barium sulphate) 
16. Boron 
17. Uranium 
18. Cobalt 
19. Thallium 
20. Tellurium 
21. Sliver 
22. Cyanides 
B. The control and strict limitation of the discharge of substances referred to in 
section A must be implemented in accordance with annex III. 
ANNEX III page 25 
FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS 
For the purpose of the issue of a permit required under article 9, paragraph 7, 
particular account will be taken, as the case may be, of the following factors: 
A. Characteristics and composition of the waste 
1. Type and size of waste course (e.g. industrial process); 
2. Type of waste (origin, average composition); 
3. Form of waste (solid, liquid, sludge, slurry, gaseous); 
4. Total amount (volume discharged, e.g. per year); 
5. Discharge pattern (continuous, intermittent, seasonally variable, etc.); 
6. Concentrations with respect to major constituents, substances listed in 
annex I, substances listed in annex II, and other substances as 
appropriate; 
7. Physical, chemical and biochemical properties for the waste. 
B. Characteristics of waste constituents with respect to their harmfulness 
1. Persistence (physical, chemical, biological) in the marine environment; 
2. Toxicity and other harmful effects; 
3. Accumulation in biological materials or sediments; 
4. Biochemical transformation producing harmful compounds; 
5. Adverse effects on the oxygen content and balance; 
6. Susceptibility to physical, chemical and biochemical changes and 
interaction in the aquatic environment with other sea-water constituents 
which may produce harmful biological or other effects on any of the uses 
listed in section E below. 
*• UNEP(OCA)/MED WG.91/3 
page 26 
C. Characteristics of discharge site and receiving marine environment 
1. Hydrographie, meteorological, geological and topographical characteristics 
of the area; 
2. Location and type of the discharge (outfall, canal, outlet, etc.) and its 
relation to other areas (such as amenity areas, spawning, nursery and 
fishing areas, shellfish grounds) and other discharges; 
3. Initial dilution achieved at the point of discharge into the receiving marine 
environment; 
4. Dispersion characteristics such as effects of currents, tides and wind on 
horizontal transport and vertical mixing; 
5. Receiving water characteristics with respect to physical, chemical, biological 
and ecological conditions in the discharge area; 
6. Capacity of the receiving marine environment to receive waste discharges 
without undesirable effects. 
D. Availability of waste technologies 
The methods of waste reduction and discharge for industrial effluents as well as 
domestic sewage should be selected taking into account the availability and feasibility 
of: 
(a) Alternative treatment processes; 
(b) Re-use or elimination methods; 
(c) On-Jand disposal alternatives; 
(d) Appropriate low-waste technologies. 
Potential impairment of marine ecosystem and sea-water uses 
1. Effects on human life through pollution impact on: 
(a) Ed»ble marine organisms; 
(b) Bathing waters; 
(c) Aesthetics. 
2. Effects on marine ecosystems, in particular living resources, endangered 
species and critical habitats. 
3. Effects on other legitimate uses of the sea in conformity with international 
law. 
- ——— - / — 
page 27 
2^> 
ANNEX IV 
ENVIRONMENTAL IMPACT ASSESSMENT 
1. Each Party shall require that the environmental impact assessment contains at least 
the following: 
(a) A description of the geographical boundaries of the area within which the 
activities are to be carried out, including safety zones where applicable; 
(b) A description of the initial state of the environment of the area; 
(c) An indication of the nature, aims, scope and duration of the proposed 
activities; 
(d) A description of the methods, installations and other means to be used, 
possible alternatives to such methods and means; 
(e) A description of the foreseeable direct or indirect short and long-term effects 
of the proposed activities on the environment, including fauna, flora and the 
ecological balance; 
(f) A statement setting out the measures proposed for reducing to the minimum 
the risk of damage to the environment from carrying out the proposed 
activities; in addition, possible alternatives to such measures; 
(g) An indication of the measures to be taken for the protection of the environment 
from pollution and other adverse effects during and after the proposed 
activities; 
(h) A reference to the methodology used for the environmental impact 
assessment; 
(i) An indication of whether the environment of any other State is likely to be 
affected by the proposed activities. 
2. Each Party shall promulgate standards taking into account the international rules, 
standards and recommended practices and procedures, adopted in accordance 
with article 23 of the Protocol, by which environmental impact assessments are to 
be evaluated. 
UNEP(OCA)/MED WG.81/3 
page 28 
31 
ANNEX V 
OIL AND OILY MIXTURES AND DRILLING FLUIDS 
The following provisions shall be prescribed by the Parties in accordance with article 
10: 
A. Oil and Oily Mixtures 
1. Spills of high oil content in processing drainage and platform drainage shall 
be contained, diverted and then treated as part of the product, but the 
remainder shall be treated to an acceptable level before discharge, in 
accordance with good oilfield practice; 
2. Oily waste and sludges from separation processes shall be transported to 
shore; 
3. All the necessary precautions should be taken to minimize losses of oil into 
the sea from oil collected or flared from well testing; 
4. All the necessary precautions should be taken to ensure that any gas 
resulting from oil activities should be flared or used in an appropriate manner. 
B. Drilling Fluids and Drill Cuttings 
1. Water-based drilling fluids and drill cuttings are subject to the following 
requirements: 
(a) The use and disposal of such drilling fluids are subject to the Chemical 
Use Plan and the provisions of article 9 of this Protocol; 
(b) The disposal of the drill cuttings shall either be made on land or into the 
sea in an aopropriate site or area as specified by the Competent State. 
2. Oil-based drilling fluids and drill cuttings are subject to the following 
requirements: 
(a) Such fluids shall only be used if they are of a sufficiently low toxicity and 
only after the operator has been issued a permit by the competent 
national authority of the Competent State when it has verified such low 
toxicity; 
(b) The disposal into the sea of such drilling fluids is prohibited; 
ut*cj'VLH*>t\)/MtzU Wü.81/3 
page 29 
s^ 
(c) The disposal of the drill cuttings into the sea is only permitted on 
condition that an efficient solids control equipment is installed and 
properly operated, that the discharge point is well below the surface of 
the water, and that the oil content is less than 100 grams of oil per 
kilogram dry cuttings; 
(d) The disposal of such drill cuttings in specially protected areas is 
prohibited; 
(e) in case of production and development drilling, a programme of sea-bed 
sampling and analysis relating to the zone of contamination must be 
undertaken. 
3. Diesel-based drilling fluids: 
The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally 
be added to drilling fluids in such circumstances as the Parties may specify. 
vfii_j \wwi;/ iviCU VVO.O I/O 
page 30 
33 
ANNEX VI 
SAFETY MEASURES 
The following provisions shall be prescribed by the Parties in accordance with 
article 15: 
(a) That the installation must be safe and fit for the purpose for which it is to be used, 
in particular, that it must be designed and constructed so as to withstand, 
together with its maximum load, any natural condition, including, more specifically, 
maximum wind and wave conditions as established by historical weather patterns, 
earthquake possibilities, sea-bed conditions and stability, and water depth; 
(b) That all phases of the activities, including storage and transport of recovered 
resources, must be properly prepared, that the whole activity must be open to 
control for safety reasons and must be conducted in the safest possible way, and 
that the operator must apply a monitoring system for all activities; 
(c) That the most advanced safety systems must be used and periodically tested in 
order to minimize the dangers of leakages, spillages, accidental discharges, fire, 
explosions, blow-outs or any other threat to human safety or the environment, that 
a trained specialized crew to operate and maintain these systems must be 
present and that this crew must undertake periodic exercises; 
(d) That the installation and, where necessary, the established safety zone, must be 
sufficiently marked so as to give adequate warning of its presence and sufficient 
details for its identification using appropriate and internationally recognized 
warning signals; 
(e) That in accordance with international maritime practice, the installations must be 
indicated on charts and notified Xo those concerned; 
(f) That, in order to secure observance of the foregoing provisions, the person 
and/or persons having the responsibility for the installation and/or the activities, 
including the person responsible for the blow-out oreventer, must have the 
qualifications required by the Competent State, and that there must be 
permanently sufficient, qualified staff present at the installation. Such qualifications 
should include, in particular, training, on a continued basis, in safety and 
environmental matters. 
1 
ANNEX VII y 
CONTINGENCY PLAN 
* A. The operator's contingency plan 
1. Operators are obliged to ensure: 
(a) That the most appropriate alarm system and communication system is 
available at the installation and that it is in gocd working order; 
(b) That the alarm is immediately raised on the occurrence of an emergency 
and that any emergency is immediately communicated to the competent 
national authority of the Competent State; 
(c) That in co-ordination with the competent national authority of the 
Competent State, receipt of the alarm and appropriate assistance and 
co-ordination of assistance can be organized and supervised without 
delay; 
(d) That immediate information about the nature and extent of the emergency 
is given to the crew on the installation and to the competent national 
authority of the Competent State; 
(e) That the competent national authority of the Competent State is 
constantly informed about the progress of combating the emergency; 
(f) That at all times sufficient and most appropriate materials and equipment, 
including stand-by boats and aircraft, are available to put into effect the 
emergency plan; 
(g) That the most appropriate methods and techniques are known to the 
specialized crew referred to in annex VI, paragraph c, in order to combat 
leakages, spillages, accidental discharges, fire, explosions, blow-outs and 
any other threat to human life or the environment; 
(h) That the most appropriate methods and techniques are known to the 
specialized crew responsible for reducing and preventing long-term 
adverse effects on the environment; 
(i) That the crew is thoroughly familiar with the operator's contingency plan, 
that periodic emergency exercises are held so that the crew has a 
thorough working knowledge of the equipment and procedures and that 
each individual knows exactly his role within the plan. 
2. The operator should co-operate, on an institutional basis, with other 
operators or entities capable of rendering necessary assistance, so as to 
ensure that, in cases where the magnitude or nature of an emergency 
3J~ 
creates a risk for which assistance is or might be required, such assistance 
can be rendered. 
B. National co-ordination and direction 
The Competent State shall establish national co-ordination and direction to ensure, in 
case of an emergency: 
(a) The co-ordination of the national contingency plan and/or procedures and 
the operator's contingency plan and control of the conduct of actions, 
especially in case of significant adverse effects of the emergency; 
(b) Direction to the operator to take any action it may specify in the course of 
preventing, abating or combating pollution or in the preparation of further 
action for that purpose, including placing an order for a relief drilling rig, or 
to prevent the operator from taking any specified action; 
(c) The co-ordination of actions in the course of preventing, abating or 
combating pollution or in preparation for further action for that purpose within 
the national jurisdiction with such actions undertaken within the jurisdiction of 
other States or by international organizations; 
(d) Collection and ready availability of all necessary information concerning the 
existing activities; 
(e) The provision of an up-to-date list of the persons and entities to be alerted 
and informed about an emergency, its development and the measures taken; 
(f) The collection of all necessary information concerning the extent and means 
of combating contingencies, and the dissemination of this information to 
interested Parties; 
(g) The co-ordination and supervision of the assistance referred to in part A 
above, in co-operation with the operator; 
(h) The organization and if necessary, the co-ordination of specified actions 
including intervention by technical experts and trained personnel with the 
necessary equipment and materials. 
(i) Immediate communication to the competent national authorities of other 
Parties which might be affected by a contingency to enable them to take 
appropriate measures where necessary; 
(j) The provision of technical assistance to other Parties, if necessary; 
(k) Immediate communication to the competent international organizations with 
a view to avoiding danger to shipping and other interests. 
page 33 
APPENDIX 3c 
List of Oils * 
Asphalt solutions 
Blending Stocks 
Roofers Flux 
Straight Run Residue 
Clarified 
Crude Oil 
Mixtures containing crude oil 
Diesel Oil 
Fuel Oil No. 4 
Fuel Oil No. 5 
Fuel Oil No. 6 
Residual Fuel Oil 
Road Oil 
Transformer Oil 
Aromatic Oil (excluding vegetable oil) 
Lubricating Oils and Blending Stocks 
Mineral Oil 
Motor Oil 
Penetrating Oil 
Spindle Oil 
Turbine Oil 
Distillates 
Straight Run 
Flashed Feed Stocks 
Gas Oil 
Cracked 
The list of oils should not necessarily be considered as exhaustive. 
UlNCriUUAJ/MfcU Wü.81/3 
page 34 
•5? 
Jet Fuels 
JP-1 (Kerosene) 
JP-3 
JP-4 
JP-5 (Kerosene, Heavy) 
Turbo Fuel 
Kerosene 
Minerai Spirit 
Naphtha 
Solvent 
Petroleum 
Heartcut Distillate Oil 
gasoline piençjlng Stpçks 
Alkylates - fuel 
Reformates 
Polymer - fuel 
Gasolines 
Casinghead (natural) 
Automotive 
Aviation 
Straight Run 
Fuel Oil No. 1 (Kerosene) 
Fuel Oil No. 1-D 
Fuel Oil No. 2 
Fuel Oil No. 2-D 
5^ 
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