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)
Date: 1996-02-26
Institutions: European Commission
Subjects: Mediterranean Sea, dangerous substance, international convention, pollution control measures, pollution from land-based sources

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 
the  transboundary  movements  of 
pollution  of  the  Mediterranean  Sea  resulting  from 
hazardous  wastes  and  their  disposal. 

At  least  some  of  the  areas  covered  by  this  protocol  fall  within  the  Community's 
3. 
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. 

The  next  negotiating  meeting  is  scheduled  for  17  and  20  April  1996  at  Izmir 

5. 
(Turkey)  with  a  view  to  finalising  the  Protocol. 

The  Conference  of  Plenipotentiaries  for  the  signature  of  the  said  Protocol  should 

6. 
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. 

Following  this Decision  by  the  Council,  the  Commission  signed  the  revised  texts 

9. 
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. 

At  least  some  of  the  areas  covered  by  the  amendments  to  the  Protocol  for 
11. 
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. 

A  Conference  of Plenipotentiaries  is  due to be held in  Syracuse  on  7 and  8  March 
It  will  be  preceded  by  a  meeting  of 

12. 
1996  for  the  signature  of  the  amended  Protocol. 
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  W G . 1 0 7 /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  A I G A I N ST 
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  o n— 

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 
and  human  health  by  pollution  from  land-based  sources  and  activities 
I 
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 
Mediterranean  Sea  against  Pollution,  adopted  at  Barcelona  on  16  FJebruary 
1 9 76  and  amended  on  . . . .; 

the  Protection  j of 

(d)  The  "Hydrologie Basin" means the entire watershed area within the territories 
defined 

of the Contracting Parties, draining into the Mediterranean Sea Area as 
i 
by  article  1  of The Convention. 

! 

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: 

! 

(abis)  (re-numbered as  (b)) 

Article  3 
GEOGRAPHICAL COVERAGE 

} 
j 

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: 

The  Parties shall Invite States that are not parties to the Protocol and have in 
3. 
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 

The Parties undertake to eliminate pollution deriving from land-based sources 

1. 
and activities, in particular to  phase  out toxic, persistent and  bioaccumulatjve 
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.]] * 

11 
]] 

To  this  end  they  shall  elaborate  and  implement;  individually  or  jointly,  as 
2. 
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  I V ] ] . ** 

[[ 
]] 

The Parties shall take preventive measures to reduce to the minimum (the risk 

5. 
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 
AUTHORIZATION  OR  REGULATION  SYSTEM 

; 

I 
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 
ion s of the 
regulation shall be in conformity with relevant decisions or recoirtmdndati 
Contracting  Parties. 

2. 
To  this  end  each  Party  shall  provide  for  systems  of  inspection  by  their 
competent  authorities to  assess compliance  whh  authorizations and  regulations. 

The Parties may be assisted by the Organisation, upon reo^est; in establishing 
3. 
n e w, or strengthening existing, competent structures for mspectiorj of compliance 
with authorizations and regulations.-  Such assistance shall mckidetspedal|training 
of  personnel. 

Each  Party  shall consider establishing  appropriate sanctions m  case; of  non 

4. 
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 
in  effluents  and  methods  of 

I,  discharged,  their  concentration 

annex 
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. 1 0 7 /3 
page  6 

J.  ARTICLE 8 

.  i  j 

A "tide is inserted and the text of  Article 8  is amended as follows: | 

Article 8 
MONITORING 

i 

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 

\ 

(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; 

\ 

>. 

• 

- 

I 

(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 
'  TECHNICAL  ASSISTANCE 

j 
{ 

;• 

" 

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  t o. 
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  t o1 be  agreed, upon  among  the]  Parties 
concerned. 

j 

i 

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 
SETTLEMENT  OF  DISPUTES 

. 

j 
! 

Taking  into  account  article  2 8,  paragraph  1, of  the  Convention, when  land-

1. 
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 

1.  The  Parties  shall  submit: reports  every  two  years  to  the  meetings 
of  the 
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:  ' 
*  • 

' 

•  • 
(d)  Programmes,  measures  and  action  plans  implenientèd  in  accordance 

: 

j 
i  • 

articles 5,  7  and  15  of this  Protocol. 

P.  ARTICLE  14 

with 

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: 

* 

.!, 

and  (f). 

' . . " , .• 

Article  14 
MEETINGS 

\. 

I 

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 

articles 

5,  7  and 15  of .this Protocol; 

.  :. 

' 

* 

'

j

|. 

if)  To  consider  the  reports  submitted  by  the  Parties  under  article  13 

Protocol. 

of  this 

•

-

"

•

.

•/ 

•' 

* 

• 

! 

. 

H 

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  A ND  ACTION PLANS  *; 
. 

- 

i 

The  meeting of the  Parties shall adopt; by a two-thirds majority, the  regional 

1. 
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. 

; 

The  measures  and timetables  adopted  in accordance with paragraph  1  of 

3. 
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 

CI 
]] 

[ [ ]] 

[ 

] 

[ ID  4. 
[ 
] 

The  Parties which  have  not  [voted  for]  [accepted]  certain measures or 

- 

• 

j 

i  . 

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 

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 
•  v 

,  '  i 
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: 

] 

n 

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 

UNB?{OCA)/MED  W p.  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 

! 

11 

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). 

6.  Risk of eutrophication  of  anthropogenic  origin. 

7.  Health  effects  and 
8.  Transboundary  significance. 

risks. 

j 

il 

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). 

C.  CATEGORIES  OF  SUBSTANCES 

- 

; 

i 

•  • 

i 

i 

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 

UNEP(OCA)/MED  W G . 1 0 7 /3 
Page  13 

I 

1. 

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*. 

; 

\ 

4, 

5. 

Polycyctic aromatic hydrocarbons. 

Heavy metals and their compounds. 

6. 

Used  lubricating oils. 
7.  Radioactive  substances, 

« 

1 
! 
: 

! 

! 
I 
\ 
j 
! 

» 
1 

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^^ 

-  • 
6.  Concentrafions .with respect to catégories of substances Bsted ln£nnex L 

•  <  'i 

.:• 

\ 

' 

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  W G . 1 0 7 /3 

! 

\ 

" 

"l  • 

-T  T-' 

page  15 

A new Annex  IV is added  reading  as follows: 

[ [ A N N E XE 

A.  BEST  AVAILABLE  TECHNIQUES 

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. 

I  7 

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 
taking;  into  [consideration 
economic  and 
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. 

technical  conditions,  while 

4.  The term "best" refers  to the most effective  processes  for obtaining  high 
level  of  protection  of  the  environment  as  a  whole. 

In  determining  the  best  available  techniques,  in  general  or  individual 

5. 
c a s e s,  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) 

(ft 
i  / 

the  technological  advances  and changes  In scientific  knowledge: 
:• 
the  nature,  impact  and  volume  of  the  discharges  and  emissions 

.1 

.. 

• 

• 

! 

I 

. 

j 

concerned; 

• 

« 

. : : ' . •! 

I 
. 

s 
! 
i 

' 

| 

the starting  date of  operation  of  both  new and existing  plants; 

(g) 
(h)  the time  needed  to  develop  a  better technique  available; 

* • 
tiie  consumption  and  nature  of. primary  resources  used  (including 

• 

I 

; 

.  water)  and energy  efficiency; ' 

the  need  to  prevent  or  reduce-ta  a  minimum  the  global  input  of 
emissions  ^nd  environmental 

risks; 

! 

' 

(i) 

(j) 

(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  W G . 1 0 7 /3 
jpage  17 

1 

j 

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 
the  production,  utilisation  and  définitive  elimination 
products  used  in the framework  of this activity; 1 and 

j 

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. 

In  defining  the  best  environmental  practice  for  a  particular  j diffuse 

9. 
pollution  source,  attention  should  at least  be paid to: 

| 

'  • I 

(a)  measures,  such  as: 

i 
! 

(i)  making  collection  systems  available  to  the  public  for  jwastes 

hazardous to the environment;  and 

• 

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) 

(ii) 

the  development  and  application  of  codes  of 
good  environmental  practice; 

good  behaviour  and 

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 

B 

impact of activities  or the use  of certain  products.]] 

21 

U N E P ( O C A ; / M ED  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: 

Articie  1 - Définitions 

For the purposes  of this Protocol: 

r:

;  . 

(a)  "Convention" means the Convention for the Protection of the Mediterranean 
Sea aganst  Pollution, adopted at Barcelona on  16 February 1S76; 

A "Party" means a Contracting Party to this  Protocol in accordance with 

'(b) 
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; 

"Competent authority- means one governmental authority designated by 
(h) 
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; 

"Clean production methods" means those which avoid the generation of 

(i) 
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; 

"State of export" means a Party from which a transboundary movement 

(I) 
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; 

"State  of  transit"  means  any  State,  other  than  the  State  of  export  or 
(n) 
import, through which a movement of hazardous wastes  is planned or takes 
place; 

"Exporter" means any person under the jurisdiction of the State of export 

(o) 
who arranges for hazardous wastes to be exported; 

"Importer" means any person under the jurisdiction of the State of import 

(p) 
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; 

"Disposer" means any person to whom hazardous wastes are shipped 

(r) 
and who carries out the disposal of such wastes; 

"Illegal traffic" means any transboundary movement cf hazardous wastes 

(s) 
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 

"Organization"  means  the  body  referred  to  in  Article 2 (b)  of  the 

(w) 
Convention. 

^  . 

v 

•  ' 

Article 2 - Scope-of tre  Protocol("' 

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. 

The generator, the exporter  or the importer, depending on the circumstances, 
3. 
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 

Each  Party to the  Convention  shall, within six  months  of  becoming  a  Party, 
1. 
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. 

;:." 

Each  Party  shall  subsequently  Inform  the  Organization  of  any  significant 

2. 
changes in information it has provided pursuant to paragraph  1 of this Articie. 

The .Organization  shall  inform  all  Parties  of  the  information  it  has  received 

3. 
pursuant to paragraphs 1 and 2 of this Article. 

The Parties shall be responsible for making the information transmitted to them 

4. 
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. 

The Parties shall take all appropriate measures to reduce to a minimum, and 

2. 
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. 

All Parties shai! take appropriate legal, administrative and other measures within 
4. 
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. 

The transboundary  movement  of hazardous  wastes only takes place with the 
3. 
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 

Every  State  involved  in  a  transboundary  movement  ensures  that  such 
4. 
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. 

Each Party shall introduce appropriate national legislation to prevent and punish 
2. 
illegal  traffic,  including  criminal  penalties  on  all  persons  involved  in  such  illegal 
activities. 

In the case of illegal traffic due to the conduct of the generator or the  exporter, 
3. 
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. 

The Parties shail forward, as soon as possible, ail information relating to illegal 
6. 
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) 

(b) 

Exchange of information on cases or alleged cases cf. illegal traffic in the 
Mediterranean and coordination of action to remedy such cases; 

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 

In  the  exceptional  cases  in  which  transboundary  movement-of  hazardous 

1. 
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. 

The Organization shall carry out a verification of the substance of the allegation 

2. 
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: 

To keep  under review the implementation  of this Protocol, and  consider 

(a) 
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 

The  provisions  of  the  Convention  relating  to  any  Protocol  shall  apply  with 

1. 
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 

to 

,  and  at  Madrid  from  _ _j 

,  from 
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 
to 
Wastes  and  their  Disposal  held  at 
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. 

from 

- 

. 

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. 

As from 

this Protocol shall be open  for accession  by the 
5. 
States referred to in paragraph 3 above, by the European Economic Community and 
by any grouping referred to in that paragraph. 

This Protocol shall enter into force on the thirtieth (30) day following the deposit 
6. 
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. 

in a single copy in the 
Done at _ _ _ _ _ _ _ __  on this _____  day of 
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 
(PCTs)  and/or 

(PCBs)  and/or  polychlorinated 

terphenyls 

biphenyls 
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 

ANNEX  II 

Appendix 
Page 15 

LIST OF HAZARDOUS  CHARACTERISTICS 

UN  Code 
Class' 

Characteristics 

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 

D5 

Surface  impoundment  (e.g. placement  of  liquid  or  sludge  discards Into pits, 
ponds, lagoons, etc.) 

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 

Reason for waste export; 

Exporter of the waste _/; 

Generator(s)  cf the waste and site of generation!/; 

Importer and disposer of the waste and actual site of disposal!/; 

Intended carrier(s) of the waste or their agents, if known _/; 

Country of export of the waste 
Competent authority 2/; 

Expected countries of transit 
Competent authority 2/; 

Country of import of the waste 
Competent authority 2/; 

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/; 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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.  / 

!/ 

2/ 

3/ 

4/ 

5/ 

6/ 

7/ 

Full  name  and  address,  telephone,  telex  or  telefax  number  and  the  name, 
address, telephgne, telex gr telefax  number  gf the person to  be contacted. 

Full name  and address, telephone, telex or telefax  number. 

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. 

Information  to  be  provided  on  relevant insurance  requirements  arid how  they 
are  met  by  exporter,  carrier  and  disposer. 

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. 

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. 

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. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Exporter of Xre waste!/; 

Generators)  di the waste and site of generation ! /; 

Disposer of tr.e waste and actual site of disposal _ /; 

Carrier(s) of tr.e waste!/  cr his agent(s); 

The date the  ransboundary  movement started and date(s) and signature on 
receipt by eacn person who takes charge of the waste; 

.  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; 

General description of the waste (physical state, proper UN shipping name and 
class, UN number, Y number and H number as applicable); 

; 

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 

EN 

14 

Catalogue number  :  CB-CO-96-073-EN-C 

ISBN 92-78-00621-1 

OÔïce for Official  Publications of the European Communities 

L-2985 Luxembourg