Proposal for a Council Decision on the conclusion of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation to prevent pollution by ships and, in cases of emergency, to combat pollution of the Mediterranean
Date: 2003-10-09
Institutions: European Commission
Subjects: Mediterranean Sea, environmental cooperation, marine pollution, maritime surveillance, oil pollution, pollution control measures, pollution from ships, prevention of pollution

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 9.10.2003
COM(2003) 588 final

2003/0228 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of the Protocol to the Barcelona Convention for the Protection of the
Mediterranean Sea against Pollution, concerning cooperation to prevent pollution by
ships and, in cases of emergency, to combat pollution of the Mediterranean

(presented by the Commission)

EXPLANATORY MEMORANDUM

The European Community is a Contracting Party to the Convention for the Protection of the
Mediterranean Sea against Pollution (Barcelona Convention)1. The European Community has
also concluded the following Protocols adopted in the context of the Convention: the Protocol
for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft2,
the  Protocol  for  the  protection  of  the  Mediterranean  Sea  against  pollution  from  land-based
sources3,  the  Protocol  concerning  specially  protected  areas  and  biological  diversity  in  the
Mediterranean4,  and  the  Protocol  concerning  cooperation  in  combating  pollution  of  the
Mediterranean  Sea  by  oil  and  other  harmful  substances  in  cases  of  emergency  (the
Emergencies Protocol)5.

In 1997, in the context of revising and improving the legal instruments of the Action Plan the
Contracting Parties to the Barcelona Convention adopted a Resolution on a Regional Strategy
on  Prevention  of  Pollution  of  the  Marine  Environment  by  Ships.  Inter  alia  the  Resolution
included  a  decision  to  amend  the  Emergencies  Protocol.  The  intention  was  to  broaden  the
scope of the agreement from simply setting out arrangements for cooperation in coping with
pollution incidents to also cover working together to prevent, reduce and control pollution.

After preliminary work by a group of experts, and given the degree of innovation involved in
the proposed changes, at their 12th Meeting held from 14–17 November 2001 in Monaco, the
Conference of the Parties (COP) to the Convention agreed to the approach of a new Protocol.
The  COP  did  not  continue  the  negotiations  on  the  draft  but  instead  asked  the  Secretariat  to
finalise the text and arrange for another review by experts to be held immediately before the
Conference  of  Plenipotentiaries.  The  experts’  meeting  was  held  in  Malta  from  20  to  22
January and the Conference of Plenipotentiaries for signature  of the Protocol from 24 to 25
January 2002.

On 15 January 2002 the Commission made a proposal to the Council on the signature of the
new Protocol6, providing the final text was consistent with Community legislation in the field.
The proposal included the draft text as it stood at that stage in a version which made clear all
the  recent  amendments  and  the  remaining  outstanding  points.  Since  the  final  text  was  not
known,  the  Commission  specified  that  it  would  continue  pressing  the  case,  during  the  final
negotiations, for the inclusion of new elements from Community legislation on safety at sea
and the prevention of marine pollution.

Based  on  the  full  powers  signed  by  the  President  of  the  Council  on  21  January  2002,  the
European Community signed the Protocol at the Conference of Plenipotentiaries in Malta on
25 January 2002. It was also signed on that date by 14 Mediterranean countries including the
4 EU Member States who are Parties to the Convention. It has subsequently been signed by
one further Party and ratified by Monaco (03 April 2002), Malta (18 February 2003), Turkey
(20  May  2003),  France  (02  July  2003)  and  Croatia  (09  July  2003).  The  protocol  will  come
into force when 6 ratifications have been notified to the depositary country.

1

2

3

4

5

6

Decision 77/585/EEC amended by Decision 99/802/EC, OJ L 322, 14.12.1999
Decision 77/585/EEC amended by Decision 99/802/EC, OJ L 322, 14.12.1999
Decision 83/101/EEC amended by Decision 99/801/EC, OJ L 322, 14.12.1999
Decision 99/800/EC, OJ L 322, 14.12.1999
Decision 81/420/EEC OJ L 162, 19.6.1981
COM(2002) 11 final

2

                                                
As  requested  during  the  Council  consideration  of  the  signature  proposal,  the  Community
representatives  pointed  out  to  the  Conference  of  the  Plenipotentiaries  the  institutional
difficulties  caused  to  the  EU  by  the  practice  of  holding  negotiations  on  legal  texts  of  the
Barcelona Convention immediately prior to signature. The Community received support from
other delegations and the Secretariat agreed to reflect on alternative working arrangements for
the future.

In  addition,  during  the  final  negotiations,  the  Community  was  able  to  achieve  significant
further  progress  on  the  outstanding  issue  concerning  inclusion  of  new  elements  from
Community legislation on safety at sea and the prevention of marine pollution, as follows:

–  A  strengthening  of  the  texts  of  the  two  Articles  that  had  been  highlighted  in  the
Commission’s proposal for a signature decision (Articles 9.2 and 11.3 of the signed text).
Thus two obligations on each Party are not restricted to requiring masters of ships flying its
flag to undertake  certain  actions.  Instead  each  Party  must also take appropriate  measures
with  a  view  to  ensuring  that  the  master  of  every  ship  sailing  in  its  territorial  waters
complies with the same obligations.

–  Progress was also made in Article 14.1 to better reflect Community law on port reception

facilities for dealing with wastes.

–  The  role  of  the  Community  in  implementing  international  maritime  safety  standards  was

explicitly recognised in the preamble to the Protocol.

As a result of the negotiations, a number of other points in the text were amended from the
version  previously  considered  by  the  Council  for  reasons  of  clarity.  For  example  the  rather
cumbersome title of the Protocol was shortened somewhat.

The final text was inspired in large measure by Community law, however, as the Protocol is
the result of multi-lateral negotiations, it does not incorporate all of the  requirements  of  our
legislation at the time of signature. Furthermore, since the date of signature of  the Protocol,
and  in  the  aftermath  of  the  Prestige  accident,  the  Community  has  continued  its  activity  to
strengthen  and  enhance  its  action  in  the  area  of  preventing  and  combating  pollution  from
ships.7  The  Community  legislation  is  therefore  now  stronger  than  the  requirements  of  the
Protocol. This situation is specifically foreseen in Article 20 of the Protocol that provides for
parties to have the right to adopt more stringent pertinent internal measures or other measures
in compliance with international law in the areas covered by the Protocol itself.

Therefore  the  Protocol  is  entirely  consistent  with  Community  legislation  in  force  or  in  the
process of being adopted. The Commission will monitor the implementation of the Protocol to
ensure continued consistency with the pertinent Community legislation.

7 Particular attention should be given to the entry into force of more stringent rules for port State control and to
the  initiatives  related  to  ports  of  refuge  and  to  the  banning  of  the  carriage  of  heavy  grades  of  oil  in
single hull tankers.

3

                                                
In  view  of  all  the  foregoing,  the  Community  should  ratify  the  Protocol  concerning
cooperation to prevent pollution by ships and, in cases of emergency, to combat pollution of
the Mediterranean.

4

2003/0228 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of the Protocol to the Barcelona Convention for the Protection of the
Mediterranean Sea against Pollution, concerning cooperation to prevent pollution by
ships and, in cases of emergency, to combat pollution of the Mediterranean

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular
Article 175(1),  in  conjunction  with  the  first  sentence  of  Article 300(2)  and  the  first
subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission8,

Having regard to the opinion of the European Parliament9,

Whereas:

(1)

(2)

(3)

Under Article 174 of the Treaty, Community policy on the environment contributes to
the  pursuit  of  objectives  which  include  preserving,  protecting  and  improving  the
quality of the environment and promoting measures at international level to deal with
regional or worldwide environmental problems.

The  Community  is  a  Contracting  Party  to  the  Convention  for  the  Protection  of  the
Mediterranean  Sea  against  Pollution  (Barcelona  Convention),  approved  by  Council
Decision  77/585/EEC10,  and  its  1995  revision,  approved  by  Council  Decision
99/802/EC11.  The  Community  is  also  a  Contracting  Party  to  four  protocols  of  the
Barcelona  convention,  including  the  Protocol  concerning  cooperation  in  combating
pollution  of  the  Mediterranean  Sea  by  oil  and  other  harmful  substances  in  cases  of
emergency approved by Decision 81/420/EEC12.

The  Commission  took  part  on  behalf  of  the  Community  in  the  negotiations  on  the
Protocol  concerning  cooperation  to  prevent  pollution  by  ships  and,  in  cases  of
emergency, to combat pollution of the Mediterranean, on the basis of the negotiating
directives received from the Council on 25 January 2000.

(4)

On 25 January 2002 in Malta, the Community signed that Protocol.

8

9

10

11

12

OJ C , , p. .
OJ C , , p. .
OJ L 240, 19.9.1977, p. 1.
OJ L 322, 14.12.1999, p. 32.
OJ L162, 19.6.1981, p. 4.

5

                                                
(5)

(6)

The  Protocol  updates  the  legal  instruments  of  the  Barcelona  Convention,  to  include
cooperation  on  the  prevention  of  pollution  from  ships,  to  make  more  effective
cooperation  in  response  to  pollution  incidents  and  to  promote  the  implementation  of
the applicable international regulations.

The Protocol contains the measures needed to avoid there being any contradiction with
Community legislation already in force or being adopted in the areas  covered by  the
Protocol.

(7)

The Community should therefore ratify that Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against
Pollution concerning cooperation to prevent pollution by ships and, in cases of emergency, to
combat  pollution  of  the  Mediterranean,  hereinafter  referred  to  as  "the  Protocol",  is  hereby
approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is authorised to designate the person or persons empowered, on
behalf of the Community, to deposit with the Spanish Government the instrument of approval
of the Protocol, in accordance with the provisions of Article 23 of that Protocol.

Done at Brussels,

For the Council
The President

6

ANNEX

PROTOCOL  CONCERNING  COOPERATION  IN  PREVENTING  POLLUTION
FROM SHIPS AND, IN CASES OF EMERGENCY, COMBATING  POLLUTION  OF
THE MEDITERRANEAN SEA

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,

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,

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,

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

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

Recognizing also 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,

Recognizing 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  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,  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,

7

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)

(b)

(c)

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

“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;

(iv)

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

(v)

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

(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;

“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

8

Nations  Environment  Programme,  and  the  objectives  and  functions  of  which  are
defined by the Contracting Parties to the Convention.

Article 2

PROTOCOL AREA

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

Article 3

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.

2.

3.

In cooperating, the Parties should take into account as appropriate the participation of
local authorities, non-governmental organizations and socioeconomic actors.

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.

2.

3.

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  personnel  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.

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.

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.

9

Article 5

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  applicable  international
regulations.

Article 6

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 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

1. 

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

the  competent  national  organization  or  authorities  responsible  for  combating

(a)
pollution of the sea by oil and hazardous and noxious substances;

(b)

(c)

(d)

(e)

(f)

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;

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

the  national  organization  or  authorities  responsible  for  the  implementation  of
paragraph 2 of Article 4, in particular those responsible for the implementation
of  the  international  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;

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;

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 
the
development of research programmes.

technology  of  conducting  monitoring  and 

the 

in 

2.

The  Parties  which  have  agreed  to  exchange  information  directly  shall  communicate
such  information  to  the  Regional  Centre.  The  latter  shall  communicate  this

10

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  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 12.

Article 9

REPORTING PROCEDURE

1.

2. 

3.

4.

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)

(b)

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

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.

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.

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.

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

11

5.

6.

7.

procedures it has prescribed, all incidents which result or may result in a discharge of
oil or hazardous and noxious substances.

In paragraphs 1, 3 and 4 of this Article, the term “incident” means an incident meeting
the conditions described therein, whether or not it is a pollution incident.

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

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:

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

(a)
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.

9.

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.

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

Article 10

OPERATIONAL MEASURES

1.

Any Party faced with a pollution incident shall:

(a)

(b)

(c)

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;

take  every  practicable  measure  to  prevent,  reduce  and,  to  the  fullest  possible
extent, eliminate the effects of the pollution incident;

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:

12

(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 Organization either
directly or through the Regional Centre.

Article 11

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

1.

2.

3.

4.

5.

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
international regulations.

Each Party shall require masters of ships flying its flag, in 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 information about
the ship and its cargo as is relevant to actions taken in pursuance of Article 9, and to
cooperate with these authorities.

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 obligation under paragraph 2 and may request
assistance  from  the  Regional  Centre  in  this  respect.  It  shall  inform  the  International
Maritime Organization of the measures taken.

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  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 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.

13

2.

3.

1.

2.

3.

4.

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

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

(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 13

REIMBURSEMENT OF COSTS OF ASSISTANCE

Unless  an  agreement  concerning  the  financial  arrangements  governing  actions  of
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.

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

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  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  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.

14

5.

1. 

2.

3.

4.

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  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  efficiently  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 reception facilities for pleasure
craft.

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.

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 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 multilaterally take the necessary steps to assess the environmental risks of the recognized
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  strategies  concerning  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 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  them,  within  the

15

framework of its functions, in the process of developing and implementing these subregional
agreements.

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 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 
implementation of this Protocol, and particularly of its Articles 4, 7 and 16;

the

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 19

RELATIONSHIP WITH THE CONVENTION

1.

2.

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

The  rules  of  procedure  and  the  financial  rules  adopted  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 organizations to cooperate in the implementation of the Protocol.

16

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

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.

2.

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

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

17