Proposal for a Council Decision concerning the signing of a new Protocol to the Barcelona Convention concerning cooperation in preventing pollution from ships and in combating pollution of the Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency
Date: 2002-01-15
Institutions: European Commission
Subjects: Mediterranean Sea, dangerous substance, environmental cooperation, oil pollution, pollution control measures, pollution from ships, prevention of pollution

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.01.2002
COM(2002) 11 final

Proposal for a

COUNCIL DECISION

concerning the signing of a new Protocol to the Barcelona Convention concerning
cooperation in preventing pollution from ships and in combating pollution of the
Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency

(presented by the Commission)

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

1

2

3

4

5

EXPLANATORY MEMORANDUM

The Community is a Contracting Party to the Barcelona Convention for the protection
of the Mediterranean Sea against pollution1. Under the Convention, the Community is
also  a  Contracting  Party  to  the  following  Protocols:  Protocol  for  the  prevention  of
pollution  by  dumping  from  ships  and  aircraft2,  Protocol  concerning  cooperation  in
combating pollution of the Mediterranean Sea by oil and other harmful substances in
cases  of  emergency3,  Protocol  for  the  protection  of  the  Mediterranean  Sea  against
pollution from land-based sources4, and Protocol concerning specially protected areas
and biological diversity in the Mediterranean5.

At  their  ordinary  meeting  of  1999,  the  Contracting  Parties  to  the  Barcelona
Convention  decided  to  amend  the  current  Protocol  concerning  cooperation  in
combating pollution of the Mediterranean Sea by oil and other harmful substances in
cases  of  emergency  in  order  to  introduce  the  provisions  necessary  for  developing  a
regional  strategy  for  preventing  pollution  of  the  marine  environment  of  the
Mediterranean caused by ships.

By decision of 24-25 January 2000 (doc. 14243/99 ENV 463 MAR 115), the Council
authorised the Commission to take part on behalf of the European Community in the
negotiations concerning the said Protocol.

A draft for a new Protocol was drawn up by the Secretariat  following the meeting of
legal  and  technical  experts  held  in  Monaco  from  2  to  6  April  2001.  This  meeting
proposed to the Contracting Parties to the  Barcelona Convention that a new Protocol
should be adopted rather than amending the existing one as the provisions envisaged
were  substantially  innovative  compared  with  the  existing  Protocol  and  because
adopting a new Protocol makes its entry into force easier as only six ratifications are
required for this purpose. The Conference of the Parties to the Convention agreed on
this approach at their 12th Meeting held from 14–17  November 2001 in Monaco.

In addition to the April technical meeting in Monaco an informal meeting of some key
Parties  was  held  in  Malta  from  29  –  30  October  2001  to  consider  amendments  put
forward by the Commission, following discussions with a Council Working Group on
24 October.

Throughout 
considerations in fulfilling the mandate received from the Council:

the  Commission  was  guided  by 

the  negotiations 

the  following

(a) 

The  new  Protocol  is  a  necessary  update  of  the  legal  instruments  of  the
Barcelona Convention following the  amendments made  to it in 1995  and is a
significant contribution to achieving cooperation in preventing pollution of the
Mediterranean Sea.

Decisions 77/585/EEC of 25.7.1977, JO L240 of 19.7.1977 p.1;
1999/802/EC of 22.10.1999, JO L322 of 14.12.1999 p.32.
Decisions 77/585/EEC of 25.7.1977, JO L240 of 19.7.1977 p.1;
1999/802/EC of 22.10.1999, JO L322 of 14.12.1999 p.32.
Decision 81/420/EEC of 19.5.1981, JO L162 of 19.6.1981 p.4
Décisions 83/101/EEC of 28.2.1983, JO L067 of 12.3.1983 p.1;
1999/801/EC of 22.10.1999, JO L322 of 14.12.1999 p.18.
Decision 1999/800/EC of 22.10.1999, JO L322 of 14.12.1999 p.1.

2

                                                
(b) 

(c) 

(d) 

The draft Protocol contains various provisions dealing with questions covered
by  Community  legislation  in  force  or  due  to  be  adopted  shortly  concerning
safety at sea and the prevention of pollution by ships.6 This includes provisions
concerning  cooperation  on  exchanging  information  among  the  Parties,
procedures for notification by ships of events occurring at  sea  or  instances of
pollution,  operational  measures,  port  reception  facilities,  safety  of  traffic  and
access to ports for ships in difficulty. Accordingly, it is necessary to ensure that
the  text  of  the  Protocol  does  not  contradict  provisions  of  Community
legislation currently in force or in the process of being adopted.

Particular  terms  used  in  the  Protocol  ought  to  be  brought  in  line  as  much  as
possible with the terms used in Community legislation so as to avert any risk of
confusion or wrong interpretation in the practical application of the provisions
concerned by the Member States.

The text of the Protocol should mention the contribution of rules and standards
adopted  by  the  European  Community  and  by  the  States  bordering  the
Mediterranean  Sea  in  order  to  attain  the  Protocol's  objectives,  i.e.  the
prevention,  reduction  and  control  of  pollution  caused  by  ships  in  the  marine
environment. Such national and  regional measures  taken  in  the  framework  of
the  Protocol  should  in  any  case  be  compatible  with  international  law  or
implement it.

(e) 

The  possibility  of  including  in  the  Protocol  a  number  of  new  elements  from
Community legislation on safety at sea and the prevention of marine pollution.

(7) 

The  draft  Protocol,  as  it  stands  following  the  meeting  in  Malta  in  October  responds
satisfactorily  to  the  first  four  of  the  considerations  outlined  above.  The  Commission
proposed text for Articles 8 paragraph 1 and 9 bis paragraph 2 in Malta which would
have brought the draft into line with the Transport Council’s Common  Position  on a
Community system for monitoring shipping and information  on maritime traffic. The
original  version  of  these  proposals  was  not  accepted  by  the  meeting  and  further
amendments  proposed  by  the  Commission  were  not  discussed  in  Malta  for  lack  of
time.  Proposals  for  changes  in  Article  10  ter  Paragraph  1  to  bring  it  closer  to  the

6

This includes the following texts:

a)

b)

c)

d)

Council  Directive  93/75/EEC  of  13  September  1993  concerning  minimum  requirements  for
vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ
L  247  of  5.10.1993,  p.  19);  Directive  last  amended  by  Directive  98/74/EC  (OJ  L  276  of
13.10.1998, p. 7)).
Council  Directive  95/21/EC  of  19  June  1995  concerning  the  enforcement,  in  respect  of
shipping using Community ports and sailing in the waters under the jurisdiction of the Member
States, of international standards for ship safety, pollution prevention and shipboard living and
working conditions (port State control) (OJ L 157 of 7.7.1995, p. 1); directive last amended by
Directive 1999/97/EC (OJ L 331 of 23.12.1999, p. 67).
Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on
port reception facilities for ship-generated waste and cargo residues (OJ L 332 of 28.12.2000,
p. 81).
Proposal  for  Directive  of  the  European  Parliament  and  of  the  Council  of  8  December  2000
establishing a Community monitoring, control and information system for maritime traffic (OJ
C 120 E of 24.4.2001, p. 67). At its meeting of 28 June 2001, the Transport Council adopted a
common position on this proposal.

3

                                                
(8) 

(9) 

Community position for charging for port reception facilities were agreed subject to a
reserve from Egypt.

The text will be subject to one more round of formal negotiations in a Third Meeting
of National Technical and Legal Experts to be held in Malta from 20 to 22 January. In
its preparatory observations and at that meeting the Commission intends to continue to
put the case for strengthening the texts of Articles 8.1 and 9 bis 2 beyond the versions
agreed at the Second meeting in Monaco in April 2000.

As is customary under the Barcelona Convention, arrangements have been made for a
Conference of Plenipotentiaries to be held immediately after the technical negotiating
meeting.  In  principle,  the  Conference  on  24  and  25  January  should  adopt  the  final
version of the Protocol which will be open for signature by the Contracting Parties on
the same occasion. Providing the final text meets the considerations set out above and
is  consistent  with  the  Commission’s  mandate,  it  would  be  highly  desirable  for  the
Community  to  sign  the  new  Protocol  during  the  Conference.  This  would  be  an
expression of our commitment to preventing pollution from ships and to implementing
the  legal  framework  of  the  amended  Barcelona  Convention  in  order  to  protect  the
Mediterranean  Sea.  If  necessary,  the  Declaration  suggested  in  paragraph  8  would  be
made and recorded in the Conference proceedings.

(10)  To this end, the Council is asked to authorise its President to designate the person or
persons authorised to sign, on behalf of the Community, the new Protocol concerning
cooperation  in  preventing  pollution  from  ships  and  in  combating  pollution  of  the
Mediterranean  Sea  by  oil  and  hazardous  and  noxious  substances  in  cases  of
emergency,  provided  that  the  final  text  of  the  new  Protocol  is  consistent  with
Community legislation in this field.

4

Proposal for a

COUNCIL DECISION

concerning the signing of a new Protocol to the Barcelona Convention concerning
cooperation in preventing pollution from ships and in combating pollution of the
Mediterranean Sea by oil and hazardous and noxious substances in cases of emergency

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 174(4)  thereof  in  conjunction  with  the  first  sentence  of  the  first  paragraph  of
Article 300(2),

Having regard to the proposal from the Commission7,

Whereas :

(1) 

(2) 

(3) 

(4) 

(5) 

7

8

9

The new Protocol is a necessary update of the legal instruments of the Convention  for
the Protection of the Mediterranean Sea against Pollution (Barcelona Convention), as
amended in 1995, in order to introduce the provisions necessary to develop a regional
strategy  for  preventing  pollution  from  ships  of  the  marine  environment  of  the
Mediterranean;

The  Community  is  a  Contracting  Party  to  the  Convention  for  the  Protection  of  the
Mediterranean  Sea  against  Pollution8  (Barcelona  Convention)  and  the  Protocol
concerning  cooperation  in  combating  pollution  of  the  Mediterranean  Sea  by  oil  and
other harmful substances in cases of emergency9;

The  Commission  took  part,  on  behalf  of  the  Community,  in  the  negotiations  for  the
preparation  of  a  new  Protocol  concerning  cooperation  in  preventing  pollution  from
ships and in combating pollution of the Mediterranean Sea by oil and hazardous and
noxious  substances  in  cases  of  emergency  on  the  basis  of  the  negotiating  mandate
received from the Council on 24-25 January 2001;

The  areas  of  application  of  the  said  new  Protocol  come  under  Community
competence, at least partly;

The draft of the new Protocol remains subject to the observations of the Contracting
Parties and to negotiations before, in principle, being adopted and opened for signature
by the Contracting Parties at the Conference of Plenipotentiaries to be held in Malta in
January 2002;

OJ C […] of […], p. […].
Decisions 77/585/EEC of 25.7.1977, OJ L 240 of 19.9.1977 p. 1 and
1977/802/EC of 22.10.1999, OJ L 322 of 14.12.1999 p. 32.
Decision 81/420/EEC of 19.5.1981,OJ L162 of 19.6.1981, p. 4.

5

                                                
(6) 

Itt is important that the Protocol can be signed by the Community, provided that it is
consistent with Community law in this domain;

HAS DECIDED AS FOLLOWS

Sole Article

The President of the Council is hereby authorised to appoint the person(s) empowered to sign,
on  behalf  of  the  Community,  the  new  Protocol  to  the  Barcelona  Convention  concerning
cooperation  in  preventing  pollution  from  ships  and  in  combating  pollution  of  the
Mediterranean  Sea  by  oil  and  hazardous  and  noxious  substances  in  cases  of  emergency,
provided  that  the  final  text  of  the  new  Protocol  is  consistent  with  relevant  Community
legislation.

Done at Brussels, […]

For the Council
The President
[…]

6

ANNEX

The text of Annex II shows amendments adopted as a result of the meeting of all experts
held  in  Monaco  in  bold.  Changes  discussed  following  EC  proposals  at  the  restricted
meeting in Malta are shown in bold in boxes along with a comment in italics.

DRAFT PROTOCOL CONCERNING COOPERATION IN PREVENTING
POLLUTION FROM SHIPS AND IN COMBATING POLLUTION OF THE
MEDITERRANEAN SEA BY OIL AND HAZARDOUS AND NOXIOUS
SUBSTANCES IN CASES OF EMERGENCY10

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 and amended on 10 June 1995,

Desirous of implementing articles 6 and 9 of the said Convention, as amended,

Recognizing  that  grave  pollution  of  the  sea  by  oil  and  hazardous  and  noxious
substances or a threat thereof in the Mediterranean Sea Area involves a danger for the coastal
States and the marine environment,

Considering that the cooperation of all the coastal States of the Mediterranean Sea is
called for to prevent pollution from ships and to respond to pollution incidents, irrespective of
their origin,

Malta meeting:

The  Meeting  agreed  that,  after  the  fifth  paragraph  of  the  Preamble,  a  new

paragraph should be inserted as follows :

Acknowledging 

the
implementation  of  international  standards  as  regards  maritime  safety  and  the
prevention of pollution from ships,

the  European  Community 

the  contribution  of 

to 

Acknowledging the role of the International Maritime Organization and the importance
of  cooperating  within  the  framework  of  this  Organization,  in  particular  in  promoting  the
adoption  and  the  development  of  international  rules  and  standards  to  prevent,  reduce  and
control pollution of the marine environment from ships,

Recognizing  the  importance  of  cooperation  in  the  Mediterranean  Sea  Area  in
promoting  the  effective  implementation  of  international  regulations  to  prevent,  reduce  and
control pollution of the marine environment from ships,

10 

The way of presenting the Articles of the Protocol and their Headings are corrected in order to be in line
with the standard type adopted by the other Protocols and the Convention.

7

                                                
Recognizing  also  the  importance  of  prompt  and  effective  action  at  the  national,
subregional  and  regional  levels  in  taking  emergency  measures  to  deal  with  pollution  of  the
marine environment or a threat thereof,

Applying  the  precautionary  principle,  the  polluter  pays  principle  and  the  method  of
environmental  impact  assessment,  and  utilizing  the  best  available  techniques  and  the  best
environmental practices, as provided for in article 4 of the Convention,

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,

Taking into account the international conventions dealing in particular with maritime
safety,  the  prevention  of  pollution  from  ships,  preparedness  for  and  response  to  pollution
incidents, and liability and compensation for pollution damage,

Wishing  to  further  develop  mutual  assistance  and  cooperation  in  preventing  and

combating pollution,

8

Have agreed as follows:

Malta meeting:

Article 1

DEFINITIONS

The Meeting agreed that Article 1 should be  considered together with  Article  14,
and suggested that the text of paragraph e) as agreed by the Monaco Meeting should not be
changed provided that the Third Meeting of National Legal and Technical Experts agrees
with the text of Article 14 as reproduced below.

For the purpose of this Protocol:

(a)

(b)

(c)

“Convention”  means 
the
Mediterranean  Sea  against  Pollution,  adopted  at  Barcelona  on  16
February 1976 and amended on 10 June 1995; 11

the  Protection  of 

the  Convention 

for 

“Pollution incident”  means an  occurrence  or  series  of  occurrences  having  the
same origin, which results or may result in a discharge of oil and/or hazardous
and  noxious  substances  and  which  poses  or  may  pose  a  threat  to  the  marine
environment, or to the coastline or related interests of one or more States, and
which requires emergency action or other immediate response;

“Hazardous  and  noxious  substances”  means  any  substance  other  than  oil
which, if introduced into the marine environment, is likely to create hazards to
human health, to harm living resources and marine life, to damage amenities or
to interfere with other legitimate uses of the sea;

(d)

“Related  interests”  means  the  interests  of  a  coastal  State  directly  affected  or
threatened and concerning, among others

 (i) 

(ii) 

maritime  activities  in  coastal  areas,  in  ports  or  estuaries,  including
fishing activities;

the historical and tourist appeal of the area in question, including water
sports and recreation;

(iii) 

the health of the coastal population;

(iii bis)

the cultural, aesthetic, scientific and educational value of the area;

(iv) 

the  conservation  of  biological  diversity  and  the  sustainable  use  of
marine and coastal biological resources;

11 

The  standard  definition  of  the  “Convention”  is  added  under  1(a).  This  is  exactly  done  in  all  other
Protocols  (LBS  PROTOCOL,  SPA  &  BD  PROTOCOL,  OFFSHORE  PROTOCOL,  HAZARDOUS
WASTES PROTOCOL) and is also necessary for the new Protocol. The enumeration of the rest of the
sub-paragraphs is corrected accordingly.

9

 
 
 
                                                
(e)

(f)

“International  regulations”  means  regulations  aimed  at  preventing,  reducing
and controlling pollution of the marine environment from ships as adopted, at
the  global  level  and  in  conformity  with  international  law,  under  the  aegis  of
United  Nations  specialized  agencies,  and  in  particular  of  the  International
Maritime Organization;12

“Regional centre” means the “Regional Marine Pollution Emergency Response
Centre  for  the  Mediterranean  Sea”  (REMPEC),  established  by  Resolution  7
adopted  by  the  Conference  of  Plenipotentiaries  of  the  Coastal  States  of  the
Mediterranean Region on the Protection of the Mediterranean Sea at Barcelona
on  9  February  1976,  which  is  administered  by  the  International  Maritime
Organization  and  the  United  Nations  Environment  Programme,  and  of  which
the  objectives  and  functions  are  defined  by  the  Contracting  Parties  to  the
Convention13.

Article 1 bis

PROTOCOL AREA

The  area  to  which  the  Protocol  applies  shall  be  the  Mediterranean  Sea  Area  as

defined in article 1 of the Convention14.

Article 2

GENERAL PROVISIONS

1.

The Parties shall cooperate:

(a)

to  implement  international  regulations  to  prevent,  reduce  and  control
pollution of the marine environment from ships; and

(b)

to take all necessary measures in cases of pollution incidents.

Malta meeting:

The Meeting agreed that, after paragraph 1 of Article 2, a new paragraph should be

inserted as follows :

(1 bis)
In  cooperating,  the  Parties  should  take  into  account  as  appropriate  the
participation  of  local  authorities,  non-governmental  organisations  and  economic
operators.

12 
13 

14 

Reservation by the European Community
In the new 1 (f) the word “whose” (one line before the end) is replaced by the correct “of  which the”
and  the  word  “Barcelona”  (end  line),  after  the  introduction  of  art.  1a)    is  unnecessary  and  is  also
deleted.
This article is adjusted to the correction of Article 1 and, as a result, after the word “Convention” the
rest of the text is deleted.

10

                                                
2.
Each  Party  shall  apply  this  Protocol  without  prejudice  to  the  sovereignty  or  the
jurisdiction  of  other  Parties  or  other  States.  Any  measures  taken  by  a  Party  to  apply  this
Protocol shall be in accordance with international law.

Article 3

CONTINGENCY PLANS AND OTHER MEANS OF PREVENTING AND COMBATING
POLLUTION INCIDENTS

1.
The Parties shall endeavour to maintain and promote, either individually or through
bilateral  or  multilateral  cooperation,  contingency  plans  and  other  means  of  preventing  and
combating  pollution  incidents.    These  means  shall  include,  in  particular,  equipment,  ships,
aircraft  and  personnel15  prepared  for  operations  in  cases  of  emergency,  the  enactment,  as
appropriate,  of  relevant  legislation,  the  development  or  strengthening  of  the  capability  to
respond  to  a  pollution  incident  and  the  designation  of  a  national  authority  or  authorities
responsible for the implementation of this Protocol.

2.
The Parties shall also take measures in conformity with international law to prevent
the  pollution  of  the  Mediterranean  Sea  Area  from  ships  in  order  to  ensure  the  effective
implementation in that Area of the relevant international conventions in their capacity as Flag
State, Port State and Coastal State, and their applicable legislation.  They shall develop their
national  capacity  as  regards  the  implementation  of  those  international  conventions  and  may
cooperate for their effective implementation through bilateral or multilateral agreements.

3.
The  Parties  shall  inform  the  regional  centre  every  two  years  of  the  measures  taken
for the implementation of this Article.  The regional centre shall present a report to the Parties
on the basis of the information received.

Article 4

MONITORING

The  Parties  shall  develop  and  apply,  either  individually  or  through  bilateral  or
multilateral cooperation, monitoring activities covering the Mediterranean Sea Area in order
to  prevent,  detect  and  combat  pollution,  and  to  ensure  compliance  with  the  relevant
international regulations.

Article 5

COOPERATION IN RECOVERY OPERATIONS

In case of release or loss overboard of hazardous and noxious substances in packaged
form,  including  those  in  freight  containers,  portable  tanks,  road  and  rail  vehicles  and
shipborne  barges,  the  Parties  shall  cooperate  as  far  as  practicable  in  the  salvage  of  these

15 

The  word  “manpower”  is  replaced  by  the  word  “personnel”  used  in  the  OPRC  CONVENTION.  The
word manpower is no longer used because of its sexist connotation.

11

                                                
packages  and  the  recovery  of  such  substances  so  as  to  prevent  or  reduce  the  danger  to  the
marine and coastal environment.

Article 6

DISSEMINATION AND EXCHANGE OF INFORMATION

1.

Each Party undertakes to disseminate to the other Parties information concerning:

(a)

(b)

the  competent  national  organization  or  authorities  responsible  for  combating
pollution of the sea by oil and hazardous and noxious substances;

the competent national authorities responsible for receiving reports of pollution
of  the  sea  by  oil  and  hazardous  and  noxious  substances  and  for  dealing  with
matters concerning measures of assistance between Parties;

(b bis) the  national  authorities  entitled  to  act  on  behalf  of  the  State  in  regard  to

measures of mutual assistance and cooperation between Parties;

Malta meeting:

[Article 6, paragraph 1 (b bis bis)]

The Meeting agreed that, after the word “concerned”, the words “and other relevant

applicable regulations” should be inserted as follows:

(b  bis  bis)  the  national  organization  or  authorities  responsible  for  the  implementation  of
article  3.2,  in  particular16  those  responsible  for  the  implementation  of  the  international
conventions concerned and other relevant applicable regulations, those responsible for the
development of port reception facilities and those responsible for the monitoring of discharges
which are illegal under MARPOL 73/78;

 (b ter) its regulations and other matters which have  a direct bearing  on preparedness
for  and  response  to  pollution  of  the  sea  by  oil  and  hazardous  and  noxious
substances;

(c)

new  ways  in  which  pollution  of  the  sea  by  oil  and  hazardous  and  noxious
substances  may  be  avoided,  new  measures  for  combating  pollution,  new
developments in the technology of conducting monitoring and the development
of research programmes.

The  Parties  which  have  agreed 

information  directly17  shall
2. 
communicate  such  information  to  the  regional  centre.  The  latter  shall  communicate  this
information  to  the  other  Parties  and,  on  a  basis  of  reciprocity,  to  coastal  States  of  the
Mediterranean Sea Area which are not Parties to this Protocol.

to  exchange 

3.

16 
17 

Parties concluding bilateral or multilateral agreements within the framework of this

After the word “in particular” the comma is deleted.
The phrase “between themselves” are deleted.

12

                                                
Protocol shall inform the regional centre of such agreements, which shall communicate them
to the other Parties18.

Article 7

COMMUNICATION OF INFORMATION AND REPORTS CONCERNING POLLUTION
INCIDENTS

The Parties undertake to coordinate the utilization of the means of communication at
their  disposal  in  order  to  ensure,  with  the  necessary  speed  and  reliability,  the  reception,
transmission  and  dissemination  of  all  reports  and  urgent  information  concerning  pollution
incidents. The regional centre shall have the necessary means of communication to enable it to
participate in this coordinated effort and, in particular, to fulfil the functions assigned to it by
paragraph 2 of article 10.

REPORTING PROCEDURE

Article 8

1.
Each Party shall issue instructions to masters or other persons having charge of ships
flying its flag and to the pilots of aircraft registered in its territory to report by the most rapid
and  adequate  channels  in  the  circumstances,  following  reporting  procedures  to  the  extent
required  by,  and  in  accordance  with,  the  applicable  provisions  of  the  relevant  international
agreements, to the nearest coastal State and to this Party:

(a)

all incidents which result or may result in a discharge of oil or hazardous and
noxious substances;

Malta meeting:

[Article 8, paragraph 1 (b)]

The  Meeting  agreed  that,  after  the  words  “noxious  substances”,  the  words

“including HNS carried in packaged form” should be inserted as follows:

(b)  the  presence,  characteristics  and  extent  of  spillages  of  oil  or  hazardous  and  noxious
substances  including  HNS  carried  in  packaged  form  observed  at  sea  which  pose  or  are
likely to pose a threat to the marine environment or to the coast or related interests of one or
more of the Parties.

Following  rejection  by  the  Malta  meeting  of  a  text  referring  to  ships  sailing  in
waters under the jurisdiction of Parties, the EC proposed the following text which was not
further discussed:

(Addition  to  8.1)  Without  prejudice  to  provisions  of  Article  14  of  the  Protocol,  each
Party shall require the masters of every ship  sailing  in  its  territorial  waters  to  comply
with the obligations provided for under (a) and (b).

18 

The initial “The” is deleted and the last sentence is stated in better English.

13

                                                
Malta meeting:

[Article 8, paragraph 1 (bis)]

The Meeting agreed that the words “its national law” should be replaced by the

words “laws applicable to the Parties” as follows:

(1  bis)  Each  Party  shall  also  issue  instructions  to  persons  having  charge  of  sea  ports  or
handling facilities under its jurisdiction to report to it, in accordance with its national law laws
applicable  to  the  Parties,  all  incidents  which  result  or  may  result  in  a  discharge  of  oil  or
hazardous and noxious substances.

1 ter.
In accordance with the Protocol for the Protection of the Mediterranean Sea against
Pollution  Resulting  from  Exploration  and  Exploitation  of  the  Continental  Shelf  and  the
Seabed  and  its  Subsoil,  each  Party  shall  issue  instructions  to  persons  having  charge  of
offshore units under its jurisdiction to report to it by the most rapid and adequate channels in
the circumstances, following reporting procedures it has prescribed, all incidents which result
or may result in a discharge of oil or hazardous and noxious substances.

1 quater. The information collected in accordance with paragraphs 1, 1bis and 1 ter shall be
communicated to the regional centre, as appropriate.

The information collected in accordance with paragraphs 1, 1 bis and 1 ter shall be
2.
immediately communicated to the other Parties likely to be affected by the pollution incident:

(a)

by the Party which has received the information, preferably directly or  through
the regional centre; or

(b)

by the regional centre.

In case of direct communication between Parties, these shall inform the regional centre of the
measures taken, and the centre shall communicate them to the other Parties.

2 bis.
centre for the reporting of pollution incidents as required under paragraph 2 of this article.

The  Parties  shall  use  a  mutually  agreed  standard  form  proposed  by  the  regional

3.
bound by the obligation laid down in article 9, paragraph 2, of the Convention.

In consequence of the application of the provisions of paragraph 2, the Parties are not

Article 9

OPERATIONAL MEASURES

1.

Any Party faced with a pollution incident shall:

(a)

the  necessary  assessments  of 

make 
the  nature,  extent  and  possible
consequences  of  the  pollution  incident  or,  as  the  case  may  be,  the  type  and
approximate  quantity  of  oil  or  hazardous  and  noxious  substances  and  the
direction and speed of drift of the spillage;

(b)

take  every  practicable  measure  to  prevent,  reduce  and,  to  the  fullest  possible

14

extent, eliminate the effects of the pollution incident;

(c)

immediately inform all Parties likely to be affected by the pollution incident of
these assessments and of any action which it has taken or intends to take, and
simultaneously  provide  the  same  information  to  the  regional  centre,  which
shall communicate it to all other Parties;

(d)

continue to observe the situation for  as long as possible and report thereon in
accordance with article 8.

2.
measures shall be taken to safeguard:

Where  action  is  taken  to  combat  pollution  originating  from  a  ship,  all  possible

(a)

(b)

human lives;

the  ship  itself;  in  doing  so,  damage  to  the  environment  in  general  shall  be
prevented or minimized.

Any Party which takes such action shall inform the International Maritime Organisation either
directly or through the regional centre.

Article 9 bis

EMERGENCY MEASURES ON BOARD SHIPS, ON OFFSHORE INSTALLATIONS
AND IN PORTS

Each Party shall take the necessary steps to ensure that ships flying its flag have on
1.
board  a  pollution  emergency  plan  as  required  by,  and  in  accordance  with,  the  relevant
international regulations.

Following  rejection  by  the  Malta  meeting  of  a  text  referring  to  ships  sailing  in
waters under the jurisdiction of Parties, the EC proposed the following text which was not
further discussed:

(2)  Without prejudice to Article 14, each Party shall require the masters of ships flying
its flag and shall invite masters of each ship sailing in its territorial waters, in case of a
pollution incident, to follow the procedures described in the emergency plan and in particular
to  provide  the  proper  authorities,  at  their  request,  with  such  detailed  information  about  the
ship  and  its  cargo  which  is  relevant  to  actions  taken  in  pursuance  of  article  9,  and  to  co-
operate with these authorities

3.
Each  Party  shall  require  that  authorities  or  operators  in  charge  of  sea  ports  and
handling  facilities  under  its  jurisdiction  as  it  deems  appropriate  have  pollution  emergency
plans  or  similar  arrangements  that  are  coordinated  with  the  national  system  established  in
accordance  with  article  3  and  approved  in  accordance  with  procedures  established  by  the
competent national authority.

4.
Each  Party  shall  require  operators  in  charge  of  offshore  installations  under  its
jurisdiction to have a contingency plan to combat any pollution incident, which is coordinated
with the national system established in accordance with article 3 and in accordance with the
procedures established by the competent national authority.

15

Article 10

ASSISTANCE

1.
Any  Party  requiring  assistance  to  deal  with  a  pollution  incident  may  call  for
assistance from other Parties, either directly or through the regional centre, starting with the
Parties which appear likely to be affected by the pollution.  This assistance may comprise, in
particular, expert advice and the supply to or placing at the disposal of the Party concerned of
the  required  specialized  personnel,  products,  equipment  and  nautical  facilities.    Parties  so
requested shall use their best endeavours to render this assistance.

2.
Where the Parties engaged in an operation to combat pollution cannot agree on the
organization  of  the  operation,  the  regional  centre  may,  with  their  approval,  coordinate  the
activity of the facilities put into operation by these Parties.

3.
necessary legal and administrative measures to facilitate:

In  accordance  with  applicable  international  agreements,  each  Party  shall  take  the

(a)

the  arrival  and  utilization  in  and  departure  from  its  territory  of  ships,  aircraft
and other modes of transport engaged in responding to a pollution incident or
transporting personnel, cargoes, materials and equipment required to deal with
such an incident; and

(b)

the  expeditious  movement  into,  through  and  out  of  its  territory  of  the
personnel, cargoes, materials and equipment referred to in subparagraph (a).

Article 10 bis

REIMBURSEMENT OF COSTS OF ASSISTANCE

Unless  an  agreement  concerning  the  financial  arrangements  governing  actions  of
1.
Parties to deal with pollution incidents has been concluded on a bilateral or multilateral basis
prior to the pollution incident, Parties shall bear the costs of their respective action in dealing
with pollution in accordance with paragraph 2.

2.

(a)

If the action was taken by one Party at the express request of another Party, the
requesting Party shall reimburse to the assisting Party the costs of its action.  If
the  request  is  cancelled,  the  requesting  Party  shall  bear  the  costs  already
incurred or committed by the assisting Party;

(b)

(c)

if the action was taken by a Party on its own initiative, that Party shall bear the
cost of its action;

the principles laid down above in subparagraphs (a) and (b) shall apply unless
the Parties concerned otherwise agree in any individual case.

3.
Unless  otherwise  agreed,  the  costs  of  the  action  taken  by  a  Party  at  the  request  of
another  Party  shall  be  fairly  calculated  according  to  the  law  and  current  practice  of  the
assisting Party concerning the reimbursement of such costs.

4.
The  Party  requesting  assistance  and  the  assisting  Party  shall,  where  appropriate,
cooperate in concluding any  action  in  response  to a  compensation  claim.  To that end,  they

16

shall give due consideration to existing legal regimes.  Where the action thus concluded does
not  permit  full  compensation  for  expenses  incurred  in  the  assistance  operation,  the  Party
requesting  assistance  may  ask  the  assisting  Party  to  waive  reimbursement  of  the  expenses
exceeding  the  sums  compensated  or  to  reduce  the  costs  which  have  been  calculated  in
accordance  with  paragraph 3.   It  may  also  request  a  postponement  of  the  reimbursement  of
such costs.  In considering such a request, assisting Parties shall give due consideration to the
needs of developing countries.

Malta meeting:

[Article 10 bis, paragraph 5]

The Meeting agreed that the words “of international law and national or supra-
national regulations “ should be replaced by the words “national and international law,
applicable to one or the other Party involved in the assistance” as follows:

(5)
The provisions of this article shall not be interpreted as in any  way prejudicing  the
rights of Parties to recover from third parties the costs of actions taken to deal with pollution
incidents  under  other  applicable  provisions  and  rules  of  international  law  and  national  or
supra-national  regulations national  and  international  law,  applicable  to  one  or  the  other
Party involved in the assistance.

Article 10 ter

PORT RECEPTION FACILITIES

Malta meeting:

[Article 10 ter, paragraph 1]

After an extensive exchange of views, the Meeting agreed to amend 10 ter 1 as follows:

(1)
The  Parties  shall  take  all  necessary  steps  to  ensure  that  reception  facilities
meeting the needs of ships are available in their ports and terminals.  The Parties shall
ensure  that  ships  calling  to  their  ports  utilize,  as  necessary,  these  facilities  and
contribute at reasonable cost to their operation.

The earlier text was :

1.  The  Parties  shall  take  all  the  necessary  steps  to  ensure  the  provision  and  utilisation  at
reasonable cost in their ports and terminals of reception facilities, adequate to meet the needs
of the ships using them, without causing undue delay to ships19.

2.  The  Parties  shall  also  ensure  the  provision  of  adequate  reception  facilities  for  pleasure
craft.

3.  The  Parties  shall  take  all  the  necessary  steps  to  ensure  that  reception  facilities  operate
efficiently to limit any impact of their discharges to the marine environment.

19 

The phrase “at reasonable cost” is transferred after the word “utilization” because the word “adequate”
refers to the word “reception facilities” and the existing formulation was confusing.

17

                                                
4.  The Parties shall take the necessary steps to provide ships using their ports with updated
information  relevant  to  the  obligations  arising  from  MARPOL  73/78  and  from  their
legislation applicable in this field.

Article 10 quater

ENVIRONMENTAL SAFETY OF MARITIME TRAFFIC

Malta meeting:

The Meeting agreed that the words “within the framework” should be replaced by

the words “respecting the competences” as follows:

In  conformity  with  generally  accepted  international  standards  and  within  the  framework  of
their  recognized  competencies,  the  Parties  shall  take  the  necessary  steps  to  assess  the
environmental safety, individually, bilaterally or multilaterally, of the recognized routes used
in maritime traffic and shall take the appropriate initiatives, within the framework respecting
the competences of the International Maritime Organization, aimed at reducing the  risks of
accidents or the environmental consequences thereof.

Malta meeting:

Article 10 quinquies

The Meeting agreed that the words “access to their ports” should be replaced by the
words “reception in places of refuge, including ports” and that the title of the article should
be changed accordingly as follows:

Title: RECEPTION OF SHIPS IN DISTRESS  IN PORTS AND PLACES OF REFUGE

The Parties shall define national, subregional or regional strategies concerning access
to their ports reception in places of refuge, including ports, of ships in distress presenting a
threat  to  the  marine  environment.  They  shall  cooperate  to  this  end  and  inform  the  regional
centre of the measures they have adopted.

Article 11

SUBREGIONAL AGREEMENTS

The Parties may negotiate, develop and maintain appropriate bilateral or multilateral
subregional agreements in order to facilitate the implementation of this Protocol, or part of it.
Upon  request  of  the  interested  Parties,  the  regional  centre  shall  assist  them,  within  the
framework of its functions, in the process of developing and implementing these subregional
agreements.

18

Article 11 bis

THE REGIONAL CENTRE

Article DELETED, see Article 1 “Definitions”

Article 12

MEETINGS

1.
Ordinary  meetings  of  the  Parties  to  this  Protocol  shall  be  held  in  conjunction  with
ordinary meetings of the Contracting Parties to the Convention, held pursuant to article 18 of
the  Convention.    The  Parties  to  this  Protocol  may  also  hold  extraordinary  meetings  as
provided in article 18 of the Convention.

2. 

It shall be the function of the meetings of the Parties to this Protocol, in particular:

(a) 

(b) 

(c) 

(d) 

to examine and discuss reports from the regional centre on the implementation
of this Protocol, and particularly of its articles 3, 6 and 10 quinquies;

to  formulate  and  adopt  strategies,  action  plans  and  programmes  for  the
implementation of this Protocol;

to keep under review and consider the efficacy of these strategies, action plans
and  programmes,  and  the  need  to  adopt  any  new  strategies,  action  plans  and
programmes and to develop measures to that effect;

to discharge such other functions as may be appropriate for the implementation
of this Protocol.

Article 13

RELATIONSHIP WITH THE CONVENTION

1.
the present Protocol.

The provisions of the Convention relating to any protocol shall apply with respect to

2.
Convention shall apply with respect to this Protocol, unless the Parties agree otherwise.

The rules of procedure and  the financial rules adopted pursuant to article  24 of  the

19

FINAL PROVISIONS

Article 14

EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION

Malta meeting:

Taking into account the agreement to consider Article 1 in conjunction with Article

14, the Meeting suggested that the text of Article 14 as adopted by the Monaco Meeting
should be replaced by the following text:

In  implementing  the  provisions  of  this  Protocol,  the  right  of  Parties  to  adopt
relevant stricter domestic measures or other measures in conformity with international
law, in the areas covered by this Protocol, shall not be affected.

The earlier version was:

The provisions  of this  Protocol  shall not affect the right  of  Parties  to  adopt  relevant  stricter
domestic measures for the implementation of this Protocol.

Article 15

RELATIONS WITH THIRD PARTIES

The  Parties  shall,  where  appropriate,  invite  States  that  are  not  Parties  to  the  Protocol  and
international organizations to cooperate in the implementation of the Protocol.

Article 16

SIGNATURE

This  Protocol  shall  be  open  for  signature  at…..on…..  and  at…..from  ……………2001  to
…………2002 by any Contracting Party to the Convention.

Article 17

RATIFICATION, ACCEPTANCE OR APPROVAL

This  Protocol  shall  be  subject  to  ratification,  acceptance  or  approval.  The  instruments  of
ratification, acceptance or approval shall be deposited with the Government of Spain, which
will assume the functions of Depositary.

Article18

ACCESSION

As from……., this Protocol shall be open for accession by any Party to the Convention.

20

Article 19

ENTRY INTO FORCE

1.
sixth instrument of ratification, acceptance, approval or accession.

This Protocol shall enter into force on the thirtieth day following the deposit of the

2.
From  the  date  of  its  entry  into  force,  this  Protocol  shall  replace  the  Protocol
Concerning Cooperation in Combating Pollution of the Mediterranean Sea by  Oil and other
Harmful Substances in Cases of Emergency  of 1976, in the  relations  between the  Parties to
both instruments.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto,  have signed  this
Protocol.

DONE at ….., on……, in a single copy in the Arabic, English, French and Spanish languages,
the  four texts being equally authentic.

21