Protocol concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea
Date: 2002-01-25
Institutions: Algeria, Croatia, Cyprus, European Community, France, Greece, Israel, Italy, Libya, Malta, Monaco, Morocco, Slovenia, Spain, Syria, Tunisia, Türkiye
Subjects: Mediterranean Sea, environmental cooperation, international convention, marine pollution, oil pollution, pollution control measures, pollution from ships, protocol to an agreement

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concerning cooperation in preventing pollution from ships and, in cases of emergency, combating
pollution of the Mediterranean Sea

PROTOCOL

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,

Recognising that grave pollution of the sea by oil and hazardous and noxious substances or a threat thereof in the Medi-
terranean 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,

Acknowledging the role of the International Maritime Organization and the importance of cooperating within the frame-
work of this Organisation, in particular in promoting the adoption and the development of international rules and stan-
dards to prevent, reduce and control pollution of the marine environment from ships,

Emphasising the efforts made by the Mediterranean coastal States for the implementation of these international rules
and standards,

Acknowledging alsothe contribution of the European Community to the implementation of international standards as
regards maritime safety and the prevention of pollution from ships,

Recognising also the importance of cooperation in the Mediterranean Sea Area in promoting the effective implementa-
tion of international regulations to prevent, reduce and control pollution of the marine environment from ships,

Recognising further 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 utilising 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, which is in force and to which many Mediterranean coastal States and the European Community
are Parties,

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,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Protocol:

(a) ‘Convention’, means the Convention for the Protection of
the Mediterranean Sea against Pollution, adopted at Barce-
lona on 16 February 1976 and amended on 10 June 1995;

(b) ‘pollution incident’, means an occurrence or series of occur-
rences 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;

(c) ‘hazardous and noxious substances’, means any substance
other than oil which, if introduced into the marine environ-
ment, 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
threatened and concerning, among

directly affected or
others:

(i) maritime activities in coastal areas,
aries, including fishing activities;

in ports or estu-

(ii) the historical and tourist appeal of the area in question,

including water sports and recreation;

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(iii) the health of the coastal population;

(iv) the cultural, aesthetic, scientific and educational value

of the area;

(v) the conservation of biological diversity and the sustain-
able use of marine and coastal biological resources;

combating pollution incidents. These means shall include,
in
particular, equipment, ships, aircraft and personnel prepared
for operations in cases of emergency, the enactment, as appro-
priate, 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.

regulations’, means

reducing and controlling pollution of

regulations aimed at
(e) ‘international
preventing,
the
marine environment from ships as adopted, at the global
level and in conformity with international law, under the
aegis of United Nations specialised agencies, and in particu-
lar of the International Maritime Organization;

(f) ‘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 Mediterra-
nean Sea at Barcelona on 9 February 1976, which is admi-
nistered by the International Maritime Organization and
the United Nations Environment Programme, and the
objectives and functions of which are defined by the
Contracting Parties to the Convention.

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 implemen-
tation 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 implementa-
tion 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 2

Protocol area

Article 5

Monitoring

The area to which the Protocol applies shall be the Mediterra-
nean Sea Area as defined in Article 1 of the Convention.

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

Article 3

General provisions

Article 6

1.

The Parties shall cooperate:

Cooperation in recovery operations

(a) to implement international regulations to prevent, reduce
from

the marine environment

and control pollution of
ships; and

(b) to take all necessary measures in cases of pollution inci-

dents.

2.
In cooperating, the Parties should take into account as
appropriate the participation of local authorities, non-govern-
mental organisations and socioeconomic actors.

3.
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 4

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 coopera-
tion, contingency plans and other means of preventing and

in packaged form,

In case of release or loss overboard of hazardous and noxious
substances
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 packages and the recovery of such substances
so as to prevent or reduce the danger to the marine and coastal
environment.

Article 7

Dissemination and exchange of information

Each Party undertakes to disseminate to the other Parties

1.
information concerning:

(a) the competent national organisation or authorities respon-
sible for combating pollution of the sea by oil and hazar-
dous and noxious substances;

(b) 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;

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(c) the national authorities entitled to act on behalf of the State
in regard to measures of mutual assistance and cooperation
between Parties;

(d) the national organisation or authorities responsible for the
implementation of paragraph 2 of Article 4, in particular
those responsible for the implementation of the interna-
tional conventions concerned and other relevant applicable
regulations, those responsible for port reception facilities
and those responsible for the monitoring of discharges
which are illegal under MARPOL 73/78;

(e) 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;

(f) new ways in which pollution of the sea by oil and hazar-
substances may be avoided, new
dous and noxious
measures for combating pollution, new developments in
the technology of conducting monitoring and the develop-
ment of research programmes.

2.
The Parties which have agreed to exchange information
directly shall 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.

3.
Parties concluding bilateral or multilateral agreements
within the framework of this Protocol shall inform the Regional
Centre of such agreements, which shall communicate them to
the other Parties.

Article 8

Communication of information and reports concerning
pollution incidents

The Parties undertake to coordinate the utilisation 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 neces-
sary means of communication to enable it to participate in this
to fulfil the functions
in particular,
coordinated effort and,
assigned to it by Article 12(2).

Article 9

Reporting procedure

Each Party shall

1.
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
following
in the
and adequate
reporting procedures to the extent required by, and in accord-
ance with, the applicable provisions of the relevant interna-
tional agreements, to the nearest coastal State and to this Party:

circumstances,

channels

(a) all incidents which result or may result in a discharge of oil

or hazardous and noxious substances;

(b) the presence, characteristics and extent of spillages of oil or
hazardous and noxious substances,
including hazardous
and noxious substances 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.

2. Without prejudice to the provisions of Article 20 of the
Protocol, each Party shall take appropriate measures with a
view to ensuring that the master of every ship sailing in its
territorial waters complies with the obligations under (a) and
(b) of paragraph 1 and may request assistance from the
Regional Centre in this respect. It shall inform the International
Maritime Organization of the measures taken.

3.
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 applicable laws, all incidents
which result or may result in a discharge of oil or hazardous
and noxious substances.

4.
In accordance with the relevant provisions of 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.

5.
In paragraphs 1, 3 and 4 of this Article, the term ‘inci-
dent’, means an incident meeting the conditions described
therein, whether or not it is a pollution incident.

The

information

6.
accordance with
collected
paragraphs 1, 3 and 4 shall be communicated to the Regional
Centre in the case of a pollution incident.

in

7.
The information collected in accordance with paragraphs
1, 3 and 4 shall be immediately communicated to the other
Parties likely to be affected by a 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.

8.
The Parties shall use a mutually agreed standard form
proposed by the Regional Centre for the reporting of pollution
incidents as required under paragraphs 6 and 7 of this Article.

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9.
In consequence of the application of the provisions of
paragraph 7, the Parties are not bound by the obligation laid
down in Article 9(2) of the Convention.

Centre in this respect. It shall inform the International Maritime
Organization of the measures taken.

Article 10

Operational measures

1.

Any Party faced with a pollution incident shall:

(a) make the necessary assessments of 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 extent, eliminate the effects of the pollu-
tion 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 9.

2. Where action is taken to combat pollution originating
from a ship, all possible measures shall be taken to safeguard:

(a) human lives;

4.
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 4 and approved
in accordance with procedures established by the competent
national authority.

Each Party shall require operators in charge of offshore
5.
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 4
and in accordance with the procedures established by the
competent national authority.

Article 12

Assistance

Any Party requiring assistance to deal with a pollution
1.
for assistance from other Parties, either
incident may call
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 specialised personnel, products, equipment and
nautical facilities. Parties so requested shall use their best endea-
vours to render this assistance.

(b) the ship itself; in doing so, damage to the environment in

general shall be prevented or minimised.

Any Party which takes such action shall inform the Interna-
tional Maritime Organization either directly or through the
Regional Centre.

2. Where the Parties engaged in an operation to combat
pollution cannot agree on the organisation of the operation,
the Regional Centre may, with the approval of all the Parties
involved, coordinate the activity of the facilities put into opera-
tion by these Parties.

Article 11

Emergency measures on-board ships, on offshore installa-
tions and in ports

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

Each Party shall require masters of ships flying its flag, in
2.
case of a pollution incident, to follow the procedures described
in the shipboard emergency plan and in particular to provide
the proper authorities, at their request, with such detailed infor-
mation about the ship and its cargo as is relevant to actions
taken in pursuance of Article 9, and to cooperate with these
authorities.

3. Without prejudice to the provisions of Article 20 of the
Protocol, each Party shall take appropriate measures with a
view to ensuring that the master of every ship sailing in its
territorial waters
under
paragraph 2 and may request assistance from the Regional

complies with

obligation

the

3.
In accordance with applicable international agreements,
each Party shall take the necessary legal and administrative
measures to facilitate:

(a) the arrival and utilisation in and departure from its territory
of ships, aircraft and other modes of transport engaged in
responding
transporting
to a pollution incident or
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 13

Reimbursement of costs of assistance

1.
Unless an agreement concerning the financial arrange-
ments governing actions of Parties to deal with pollution inci-
dents 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.

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2.

(a) If the action was taken by one Party at the express
request of another Party, the requesting Party shall reim-
burse 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) if the action was taken by a Party on its own initiative,

that Party shall bear the cost of its action;

(c) the principles laid down in subparagraphs (a) and (b)
above 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.

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

Where the action thus concluded does not permit full compen-
sation 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 compen-
sated or to reduce the costs which have been calculated in
accordance with paragraph 3. It may also request a postpone-
ment of the reimbursement of such costs. In considering such a
request, assisting Parties shall give due consideration to the
needs of developing countries.

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
national and international law applicable to one or to the other
Party involved in the assistance.

Article 14

Port reception facilities

The Parties shall individually, bilaterally or multilaterally
1.
take all necessary steps to ensure that reception facilities
meeting the needs of ships are available in their ports and
terminals. They shall ensure that these facilities are used effi-
ciently without causing undue delay to ships.

The Parties are invited to explore ways and means to charge
reasonable costs for the use of these facilities.

The Parties shall also ensure the provision of adequate

2.
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.

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

Article 15

Environmental risks of maritime traffic

In conformity with generally accepted international rules and
standards and the global mandate of the International Maritime
Organization, the Parties shall individually, bilaterally or multi-
laterally take the necessary steps to assess the environmental
risks of the recognised routes used in maritime traffic and shall
take the appropriate measures aimed at reducing the risks of
accidents or the environmental consequences thereof.

Article 16

Reception of ships in distress in ports and places of refuge

The Parties shall define national, subregional or regional strate-
gies concerning reception in places of refuge, including ports,
of ships in distress presenting a threat to the marine environ-
ment. They shall cooperate to this end and inform the Regional
Centre of the measures they have adopted.

Article 17

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
in the
process of developing and implementing these subregional
agreements.

them, within the framework of

its functions,

Article 18

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 extraor-
dinary meetings as provided in Article 18 of the Convention.

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It shall be the function of the meetings of the Parties to

2.
this Protocol, in particular:

(a) to examine and discuss reports from the Regional Centre
on the implementation of this Protocol, and particularly of
its Articles 4, 7 and 16;

(b) to formulate and adopt

strategies, action plans and

programmes for the implementation of this Protocol;

(c) 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;

(d) to discharge such other functions as may be appropriate

for the implementation of this Protocol.

Article 19

Relationship with the convention

The provisions of the Convention relating to any protocol

1.
shall apply with respect to the present Protocol.

The rules of procedure and the financial rules adopted
2.
pursuant to Article 24 of the Convention shall apply with
respect to this Protocol, unless the Parties agree otherwise.

FINAL PROVISIONS

Article 20

Effect of the protocol on domestic legislation

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 matters
covered by this Protocol, shall not be affected.

Article 21

Relations with third parties

The Parties shall, where appropriate, invite States that are not
Parties to the Protocol and international organisations to coop-
erate in the implementation of the Protocol.

Article 22

Signature

This Protocol shall be open for signature at Valletta, Malta, on
25 January 2002 and in Madrid from 26 January 2002 to
25 January 2003 by any Contracting Party to the Convention.

Article 23

Ratification, acceptance or approval

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

instruments of

ratification,

Article 24

Accession

As from 26 January 2003, this Protocol shall be open for
accession by any Party to the Convention.

Article 25

Entry into force

1.
This Protocol shall enter into force on the thirtieth day
following the deposit of the sixth instrument of ratification,
acceptance, approval or accession.

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 authorised thereto, have signed this
Protocol.

DONE at Valletta, Malta, on 25 January 2002, in a single copy in the Arabic, English, French
and Spanish languages, the four texts being equally authentic.