Proposal for a Council Decision concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
Date: 2010-02-19
Institutions: European Commission
Subjects: Mediterranean Sea, coastal region, cooperation agreement (EU), ecosystem, environmental protection, littoral, management of resources, marine environment, protected area, sustainable development

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EUROPEAN COMMISSION 

Brussels, 19.2.2010 
COM(2010)30 final 

2010/0016 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion, on behalf of the European Union, of the Protocol on 
Integrated Coastal Zone Management to the Convention for the Protection of the 
Marine Environment and the Coastal Region of the Mediterranean 

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EXPLANATORY MEMORANDUM 

1. The Convention for the Protection of the Marine Environment and the Coastal Region of 
the  Mediterranean,  also  known  as  the  "Barcelona  Convention",  was  initially  signed  on  16 
February 1976 in Barcelona and amended on 10 June 1995. The Convention came into force 
on  9  July  2004.  The  European  Union  is  Contracting  Party  to  the  Convention,  as  are  all  EU 
Mediterranean  coastal  Member  States.  Article  4  paragraph  3  of  the  amended  Convention 
specifically  obliges  Parties  to  promote  integrated  coastal  zone  management,  taking  into 
account  the  protection  of  areas  of  ecological  and  landscape  interest  and  the  rational  use  of 
natural resources. 

2.  In  the  EU,  the  main  instrument  promoting  Integrated  Coastal  Zone  Management  is  the 
European  Parliament  and  Council  Recommendation  concerning  the  implementation  of 
Integrated Coastal Zone Management in Europe (2002/413/EC, OJ L148, 6.6.2002). Chapter 
V of the Recommendation stresses the importance of cooperation in regional seas to achieve 
better  coordination  and  responses  to  cross-border  coastal  issues.  The  European  Union 
promotes  integrated  management  on  a  larger  scale  by  means  of  horizontal  instruments, 
including in the field of environmental protection, and by developing a sound science base for 
it,  through  its  research  programs.  These  activities  therefore  also  contribute  to  integrated 
coastal zone management. Integrated Coastal Zone Management is one component of the EU 
Integrated Maritime Policy. 

3.  Negotiations  towards  a  Protocol  on  Integrated  Coastal  Zone  Management  in  the 
Mediterranean  (hereinafter  the  ICZM  Protocol)  were  conducted  in  the  context  of  the 
Barcelona  Convention  from  2006  and  the  resulting  Protocol  was  adopted  in  Madrid  on  21 
January 2008 at the Conference of the Plenipotentiaries. The ICZM Protocol was approved on 
behalf  of  the  European  Community,  subject  to  subsequent  conclusion  at  a  later  date  by  the 
Council  Decision  of  4  December  2008  (2009/89/EC,  OJ  L34,  4.2.2009).  The  EU  Member 
States  which  are  Party  to  the  Barcelona  Convention  have  all  signed  the  Protocol,  except 
Cyprus. The Parties are now urged to ratify the Protocol so that it enters into force as soon as 
possible. Ratification and accession processes are underway. 

4. The Mediterranean coastal zones continue to experience high pressures on the environment 
and degradation of coastal resources. Urban sprawl is intense in the Mediterranean, implying 
gradual  loss  of  natural  areas,  biodiversity  and  increasing  competition  for  water  resources. 
Coastal  erosion  problems  and  flooding  of  low-lying  coastlines  are  exacerbated  by  urban 
encroachment  on  the  near  shore  area  and  floodplains1.  Projected  population  growth 
concentrated in coastal urban areas, a near doubling of tourist flows and even greater transport 
growth are likely to aggravate the pressures. Nearly 50% of the coastline could be built up by 
2025,  increasing  from  40%  in  20002.  Moreover  the  Mediterranean  basin  counts  among  the 
most  vulnerable  areas  as  regards  the  impacts  of  climate  change3.  The  Protocol  provides  a 
framework to stimulate a more concerted and integrated approach which is required to address 
these  problems  more  effectively  and  achieve  a  more  sustainable  development  of  the 
Mediterranean coastal zones. 

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The changing faces of Europe's coastal areas, EEA, 2006. 
A Sustainable Future for the Mediterranean – The Blue Plan's Environment and Development Outlook, 
UNEP/MAP Blue Plan, July 2006. 
Commission  White  paper:  Adapting  to  climate  change:  Towards  a  European  framework  for  action 
COM(2009)147 final, 1.4.2009. 

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5.  The  Protocol  covers  a  broad  range  of  provisions  which  will  need  to  be  implemented  by 
different  levels  of  administration,  taking  the  subsidiarity  and  proportionality  principles  into 
account. While it is appropriate for the European Union to act in support of integrated coastal 
zone management, bearing in mind, inter alia, the cross-border nature of most environmental 
problems, the Member States and their relevant competent authorities will be responsible for 
the design and implementation of certain detailed measures laid down in the Protocol related 
to the coastal territory, such as the establishment of zones where construction is not allowed. 

In  view  of  the  above,  it  is  appropriate  for  the  European  Union  to  conclude  the  Protocol  on 
Integrated Coastal Zone Management in the Mediterranean. 

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2010/0016 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion, on behalf of the European Union, of the Protocol on 
Integrated Coastal Zone Management to the Convention for the Protection of the 
Marine Environment and the Coastal Region of the Mediterranean 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(6)(a), thereof,  

Having regard to the proposal from the European Commission4, 

Having regard to the consent of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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The Convention for the Protection of the Mediterranean Sea against Pollution, which 
was  subsequently  renamed  as  the  Convention  for  the  Protection  of  the  Marine 
Environment and the Coastal Region of the Mediterranean (hereinafter the Barcelona 
Convention)  was  concluded  on  behalf  of  the  European  Community  by  Council 
Decisions 77/585/CEE6 and 1999/802/CE7. 

In accordance with Article 4.3(e) of the Barcelona Convention, the Contracting Parties 
shall commit themselves to promote the integrated management of the coastal zones, 
taking into account the protection of areas of ecological and landscape interest and the 
rational use of natural resources. 

The Recommendation of the European Parliament and of the Council of 30 May 2002, 
concerning  the  implementation  of  Integrated  Coastal  Zone  Management  in  Europe8, 
and  in  particular  Chapter  V  thereof,  encourages  the  implementation  by  the  Member 
States  of  integrated  coastal  zone  management  in  the  context  of  existing  conventions 
with neighbouring countries, including non-Member States, in the same regional sea. 

The European Union promotes integrated management on a larger scale by means of 
horizontal  instruments,  including  in  the  field  of  environmental  protection,  and  by 
developing a sound science base for it, through its research programs. These activities 
therefore contribute to integrated coastal zone management. 

OJ C , , p. . 
OJ C , , p. . 
OJ L 240, 19.9.1977, p. 1. 
OJ L 322, 14.12.1999, p. 32. 
OJ L 148, 6.6.2002, p. 24. 

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(5) 

(6) 

(7) 

(8) 

Integrated Coastal Zone Management is one component of the EU Integrated Maritime 
Policy as endorsed by the European Council held in Lisbon on 13 and 14 December 
2007 and as also detailed in the Commission Communication "Towards an Integrated 
Maritime Policy for better governance in the Mediterranean"9 and later welcomed by 
the  General  Affairs  Council  in  its  conclusions  on  Integrated  Maritime  Policy  of  16 
November 2009. 

By Council Decision of 4 December 200810, the Protocol on Integrated Coastal Zone 
Management  in  the  Mediterranean  (hereinafter  the  ICZM  Protocol)  to  the  Barcelona 
Convention  was  signed  on  behalf  of  the  European  Community,  subject  to  its 
subsequent conclusion at a later date.  

The  Mediterranean  coastal  zones  continue  to  experience  high  pressures  on  the 
environment  and  degradation  of  coastal  resources.  The  ICZM  Protocol  provides  a 
framework  to  stimulate  a  more  concerted  and  integrated  approach,  involving  public 
and  private  stakeholders  including  civil  society  and  economic  operators.  Such  an 
inclusive  approach,  based  on  best  available  scientific  observation  and  knowledge,  is 
required  to  address  these  problems  more  effectively  and  achieve  a  more  sustainable 
development of the Mediterranean coastal zones. 

The  ICZM  Protocol  covers  a  broad  range  of  provisions  which  will  need  to  be 
implemented  by  different  levels  of  administration  taking  the  subsidiarity  and 
proportionality principles into account. While it is appropriate for the European Union 
to  act  in  support  of  integrated  coastal  zone  management,  bearing  in  mind,  inter  alia, 
the cross-border nature of most environmental problems, the Member States and their 
relevant competent authorities will be responsible for the design and implementation 
on the coastal territory of certain detailed measures laid down in the ICZM Protocol, 
such as the establishment of zones where construction is not allowed. 

(9) 

The ICZM Protocol should be concluded, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Protocol on Integrated Coastal Zone Management to the Convention for the Protection of 
the Marine Environment and the Coastal Region of the Mediterranean is hereby concluded. 

The text of the Protocol is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  deposit  of  the  instrument  of  approval,  with  the  Government  of 
Spain which assumes the function of Depositary, provided for in Article 37 of the Protocol, in 
order to express the consent of the European Union to be bound by the Protocol. 

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COM(2009)466 final, 11.9.2009. 
OJ L 34, 4.2.2009, p. 17. 

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Article3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. The date of entry into force of the Protocol shall be 
published in the Official Journal of the European Union.  

Done at Brussels, 

For the Council 
The President 

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PROTOCOL 

on Integrated Coastal Zone Management in the Mediterranean 

THE CONTRACTING PARTIES TO THE PRESENT PROTOCOL, 

BEING  PARTIES  to  the  Convention  for  the  Protection  of  the  Marine  Environment  and  the 
Coastal  Region  of  the  Mediterranean,  adopted  at  Barcelona  on  16  February  1976,  and 
amended on 10 June 1995, 

DESIROUS  of  implementing  the  obligations  set  out  in  Article  4(3)(e)  and  (5),  of  the  said 
Convention, 

CONSIDERING that the coastal zones of the Mediterranean Sea are the common natural and 
cultural  heritage  of  the  peoples of the Mediterranean and that they should be preserved and 
used judiciously for the benefit of present and future generations, 

CONCERNED at the increase in anthropic pressure on the coastal zones of the Mediterranean 
Sea which is threatening their fragile nature and desirous of halting and reversing the process 
of  coastal  zone  degradation  and  of  significantly  reducing  the  loss  of  biodiversity  of  coastal 
ecosystems, 

WORRIED  by  the  risks  threatening  coastal  zones  due  to  climate  change,  which  is  likely  to 
result, inter alia, in a rise in sea level, and aware of the need to adopt sustainable measures to 
reduce the negative impact of natural phenomena, 

CONVINCED that, as an irreplaceable ecological, economic and social resource, the planning 
and  management  of  coastal  zones  with  a  view  to  their  preservation  and  sustainable 
development requires a specific integrated approach at the level of the Mediterranean basin as 
a  whole  and  of  its  coastal  States,  taking  into  account  their  diversity  and  in  particular  the 
specific needs of islands related to geomorphological characteristics, 

TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, done at 
Montego Bay on 10 December 1982, the Convention on Wetlands of International Importance 
especially as Waterfowl Habitat, done at Ramsar on 2 February 1971, and the Convention on 
Biological Diversity, done at Rio de Janeiro on 5 June 1992, to  which many Mediterranean 
coastal States and the European Community are Parties, 

CONCERNED  in  particular  to  act  in  cooperation  for  the  development  of  appropriate  and 
integrated  plans  for  coastal  zone  management  pursuant  to  Article  4(1)(e),  of  the  United 
Nations Framework Convention on Climate Change, done at New York on 9 May 1992, 

DRAWING on existing experience with integrated coastal zone management and the work of 
various organisations, including the European institutions, 

BASED  UPON  the  recommendations  and  work  of  the  Mediterranean  Commission  on 
Sustainable Development and the recommendations of the Meetings of the Contracting Parties 
held  in  Tunis  in  1997,  Monaco  in  2001,  Catania  in  2003,  and  Portoroz  in  2005,  and  the 
Mediterranean Strategy for Sustainable Development adopted in Portoroz in 2005, 

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RESOLVED  to  strengthen  at  the  Mediterranean  level  the  efforts  made  by  coastal  States  to 
ensure integrated coastal zone management, 

DETERMINED  to  stimulate  national,  regional  and  local  initiatives  through  coordinated 
promotional  action,  cooperation  and  partnership  with  the  various  actors  concerned  with  a 
view  to  promoting  efficient  governance  for  the  purpose  of  integrated  coastal  zone 
management, 

DESIROUS  of  ensuring  that  coherence  is  achieved  with  regard  to  integrated  coastal  zone 
management in the application of the Convention and its Protocols, 

HAVE AGREED AS FOLLOWS: 

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PART I 

GENERAL PROVISIONS 

Article 1 

General obligations 

In  conformity  with  the  Convention  for  the  Protection  of  the  Marine  Environment  and  the 
Coastal Region of the Mediterranean and its Protocols, the Parties shall establish a common 
framework  for  the  integrated  management  of  the  Mediterranean  coastal  zone  and  shall  take 
the necessary measures to strengthen regional cooperation for this purpose. 

Article 2 

Definitions 

For the purposes of this Protocol: 

(a) "Parties" means the Contracting Parties to this Protocol; 

(b) "Convention" means the Convention for the Protection of the Marine Environment and the 
Coastal Region of the Mediterranean, done at Barcelona on 16 February 1976, as amended on 
10 June 1995; 

(c) "Organisation" means the body referred to in Article 17 of the Convention; 

(d) "Centre" means the Priority Actions Programme Regional Activity Centre; 

(e)  "coastal  zone"  means  the  geomorphologic  area  either  side  of  the  seashore  in  which  the 
interaction between the marine and land parts occurs in the form of complex ecological and 
resource  systems  made  up  of  biotic  and  abiotic  components  coexisting  and  interacting  with 
human communities and relevant socioeconomic activities; 

(f)  "integrated  coastal  zone  management"  means  a  dynamic  process  for  the  sustainable 
management  and  use  of  coastal  zones,  taking  into  account  at  the  same  time  the  fragility  of 
coastal ecosystems and landscapes, the diversity of activities and uses, their interactions, the 
maritime  orientation  of  certain  activities  and  uses  and  their  impact  on  both  the  marine  and 
land parts. 

Article 3 

Geographical coverage 

1. The area to which the Protocol applies shall be  the Mediterranean Sea area  as defined in 
Article 1 of the Convention. The area is also defined by: 

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(a) the seaward limit of the coastal zone, which shall be the external limit of the territorial sea 
of Parties; and 

(b) the landward limit of the coastal zone, which shall be the limit of the competent coastal 
units as defined by the Parties. 

2.  If,  within  the  limits  of  its  sovereignty,  a  Party  establishes  limits  different  from  those 
envisaged in paragraph 1 of this Article, it shall communicate a declaration to the Depositary 
at  the  time  of  the  deposit  of  its  instrument  of  ratification,  acceptance,  approval  of,  or 
accession to this Protocol, or at any other subsequent time, in so far as: 

(a) the seaward limit is less than the external limit of the territorial sea; 

(b)  the  landward  limit  is  different,  either  more  or  less,  from  the  limits  of  the  territory  of 
coastal  units  as  defined  above,  in  order  to  apply,  inter  alia,  the  ecosystem  approach  and 
economic  and  social  criteria  and  to  consider  the  specific  needs  of  islands  related  to 
geomorphological  characteristics  and  to  take  into  account  the  negative  effects  of  climate 
change. 

3. Each Party shall adopt or promote at the appropriate institutional level adequate actions to 
inform  populations  and  any  relevant  actor  of  the  geographical  coverage  of  the  present 
Protocol. 

Article 4 

Preservation of rights 

1. Nothing in this Protocol nor any act adopted on the basis of this Protocol shall prejudice the 
rights, the present and future claims or legal views of any Party relating to the Law of the Sea, 
in  particular  the  nature  and  the  extent  of  marine  areas,  the  delimitation  of  marine  areas 
between States with opposite or adjacent coasts, the right and modalities of passage through 
straits used for international navigation and the right of innocent passage in territorial seas, as 
well as the nature and extent of the jurisdiction of the coastal State, the flag State or the port 
State. 

2.  No  act  or  activity  undertaken  on  the  basis  of  this  Protocol  shall  constitute  grounds  for 
claiming, contending or disputing any claim to national sovereignty or jurisdiction. 

3. The provisions of this Protocol shall be without prejudice to stricter provisions respecting 
the  protection  and  management  of  the  coastal  zone  contained  in  other  existing  or  future 
national or international instruments or programmes. 

4.  Nothing  in  this  Protocol  shall  prejudice  national  security  and  defence  activities  and 
facilities; however, each Party agrees that such activities and facilities should be operated or 
established, so far as is reasonable and practicable, in a manner consistent with this Protocol. 

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Article 5 

Objectives of integrated coastal zone management 

The objectives of integrated coastal zone management are to: 

(a)  facilitate,  through  the  rational  planning  of  activities,  the  sustainable  development  of 
coastal  zones  by  ensuring  that  the  environment  and  landscapes  are  taken  into  account  in 
harmony with economic, social and cultural development; 

(b) preserve coastal zones for the benefit of current and future generations; 

(c) ensure the sustainable use of natural resources, particularly with regard to water use; 

(d) ensure preservation of the integrity of coastal ecosystems, landscapes and geomorphology; 

(e)  prevent  and/or  reduce  the  effects  of  natural hazards  and  in  particular  of  climate  change, 
which can be induced by natural or human activities; 

(f) achieve coherence between public and private initiatives and between all decisions by the 
public authorities, at the national, regional and local levels, which affect the use of the coastal 
zone. 

Article 6 

General principles of integrated coastal zone management 

In  implementing  this  Protocol,  the  Parties  shall  be  guided  by  the  following  principles  of 
integrated coastal zone management: 

(a) the biological wealth and the natural dynamics and functioning of the intertidal area and 
the complementary and interdependent nature of the marine part and the land part forming a 
single entity shall be taken particularly into account; 

relating 

to  hydrological,  geomorphological,  climatic,  ecological, 
(b)  all  elements 
socioeconomic and cultural systems shall be taken into account in an integrated manner, so as 
not to exceed the carrying capacity of the coastal zone and to prevent the negative effects of 
natural disasters and of development; 

(c)  the  ecosystems  approach  to  coastal  planning  and  management  shall  be  applied  so  as  to 
ensure the sustainable development of coastal zones; 

(d)  appropriate  governance  allowing  adequate  and  timely  participation  in  a  transparent 
decision-making process by local populations and stakeholders in civil society concerned with 
coastal zones shall be ensured; 

(e) cross-sectorally organised institutional coordination of the various administrative services 
and regional and local authorities competent in coastal zones shall be required; 

(f) the formulation of land use strategies, plans and programmes covering urban development 
and socioeconomic activities, as well as other relevant sectoral policies, shall be required; 

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(g) the multiplicity and diversity of activities in coastal zones shall be taken into account, and 
priority shall be given, where necessary, to public services and activities requiring, in terms of 
use and location, the immediate proximity of the sea; 

(h)  the  allocation  of  uses  throughout  the  entire  coastal  zone  should  be  balanced,  and 
unnecessary concentration and urban sprawl should be avoided; 

(i)  preliminary  assessments  shall  be  made  of  the  risks  associated  with  the  various  human 
activities  and  infrastructure  so  as  to  prevent  and  reduce  their  negative  impact  on  coastal 
zones; 

(j)  damage  to  the  coastal  environment  shall  be  prevented  and,  where  it  occurs,  appropriate 
restoration shall be effected. 

Article 7 

Coordination 

1. For the purposes of integrated coastal zone management, the Parties shall: 

(a)  ensure  institutional  coordination,  where  necessary  through  appropriate  bodies  or 
mechanisms, in order to avoid sectoral approaches and facilitate comprehensive approaches; 

(b) organise appropriate coordination between the various authorities competent for both the 
marine  and  the  land  parts  of  coastal  zones  in  the  different  administrative  services,  at  the 
national, regional and local levels; 

(c) organise close coordination between national authorities and regional and local bodies in 
the  field  of  coastal  strategies,  plans  and  programmes  and  in  relation  to  the  various 
authorisations  for  activities  that  may  be  achieved  through  joint  consultative  bodies  or  joint 
decision-making procedures. 

2. Competent national, regional and local coastal zone authorities shall, insofar as practicable, 
work  together  to  strengthen  the  coherence  and  effectiveness  of  the  coastal  strategies,  plans 
and programmes established. 

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PART II 

ELEMENTS OF INTEGRATED COASTAL ZONE MANAGEMENT 

Article 8 

Protection and sustainable use of the coastal zone 

1. In conformity with the objectives and principles set out in Articles 5 and 6 of this Protocol, 
the Parties shall endeavour to ensure the sustainable use and management of coastal zones in 
order to preserve the coastal natural habitats, landscapes, natural resources and ecosystems, in 
compliance with international and regional legal instruments. 

2. For this purpose, the Parties: 

(a)  shall  establish  in  coastal  zones,  as  from  the  highest  winter  waterline,  a  zone  where 
construction is not allowed. Taking into account, inter alia, the areas directly and negatively 
affected  by  climate  change  and  natural  risks,  this  zone  may  not  be  less  than  100  meters  in 
width,  subject  to  the  provisions  of  subparagraph  (b)  below.  Stricter  national  measures 
determining this width shall continue to apply; 

(b) may adapt, in a manner consistent with the objectives and principles of this Protocol, the 
provisions mentioned above: 

1. for projects of public interest, 

2.  in  areas  having  particular  geographical  or  other  local  constraints,  especially  related  to 
population density or social needs, where individual housing, urbanisation or development are 
provided for by national legal instruments; 

(c)  shall  notify  to  the  Organisation  their  national  legal  instruments  providing  for  the  above 
adaptations. 

3.  The  Parties  shall  also  endeavour  to  ensure  that  their  national  legal  instruments  include 
criteria for sustainable use of the coastal zone. Such criteria, taking into account specific local 
conditions, shall include, inter alia, the following: 

(a)  identifying  and  delimiting,  outside  protected  areas,  open  areas  in  which  urban 
development and other activities are restricted or, where necessary, prohibited; 

(b)  limiting  the  linear  extension  of  urban  development  and  the  creation  of  new  transport 
infrastructure along the coast; 

(c) ensuring that environmental concerns are integrated into the rules for the management and 
use of the public maritime domain; 

(d) providing for freedom of access by the public to the sea and along the shore; 

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(e) restricting or, where necessary, prohibiting the movement and parking of land vehicles, as 
well as the movement and anchoring of marine vessels, in fragile natural areas on land or at 
sea, including beaches and dunes. 

Article 9 

Economic activities 

1.  In  conformity  with  the  objectives  and  principles  set  forth  in  Articles  5  and  6  of  this 
Protocol, and taking into account the relevant provisions of the Barcelona Convention and its 
Protocols, the Parties shall: 

(a)  accord  specific  attention  to  economic  activities  that  require  immediate  proximity  to  the 
sea; 

(b) ensure that the various economic activities minimise the use of natural resources and take 
into account the needs of future generations; 

(c)  ensure  respect  for  integrated  water  resources  management  and  environmentally  sound 
waste management; 

(d)  ensure  that  the  coastal  and  maritime  economy is  adapted  to  the  fragile  nature  of  coastal 
zones and that resources of the sea are protected from pollution; 

(e)  define  indicators  of  the  development  of  economic  activities  to  ensure  sustainable  use  of 
coastal zones and reduce pressures that exceed their carrying capacity; 

(f)  promote  codes  of  good  practice  among  public  authorities,  economic  actors  and  non-
governmental organisations. 

2. In addition, with regard to the following economic activities, the Parties agree: 

(a) Agriculture and industry 

to  guarantee  a  high  level  of  protection  of  the  environment  in  the  location  and  operation  of 
agricultural and industrial activities so as to preserve coastal ecosystems and landscapes and 
prevent pollution of the sea, water, air and soil; 

(b) Fishing 

(i) to take into account the need to protect fishing areas in development projects; 

(ii)  to  ensure  that  fishing  practices  are  compatible  with  sustainable  use  of  natural  marine 
resources; 

(c) Aquaculture 

(i)  to  take  into  account  the  need  to  protect  aquaculture  and  shellfish  areas  in  development 
projects; 

(ii) to regulate aquaculture by controlling the use of inputs and waste treatment; 

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(d) Tourism, sporting and recreational activities 

(i)  to  encourage  sustainable  coastal  tourism  that  preserves  coastal  ecosystems,  natural 
resources, cultural heritage and landscapes; 

(ii)  to  promote  specific  forms  of  coastal  tourism,  including  cultural,  rural  and  ecotourism, 
while respecting the traditions of local populations; 

(iii) to regulate or, where necessary, prohibit the practice of various sporting and recreational 
activities, including recreational fishing and shellfish extraction; 

(e) Utilisation of specific natural resources 

(i)  to  subject  to  prior  authorisation  the  excavation  and  extraction  of  minerals,  including  the 
use of seawater in desalination plants and stone exploitation; 

(ii) to regulate the extraction of sand, including on the seabed and river sediments or prohibit 
it where it is likely to adversely affect the equilibrium of coastal ecosystems; 

(iii) to monitor coastal aquifers and dynamic areas of contact or interface between fresh and 
salt  water,  which  may  be  adversely  affected  by  the  extraction  of  underground  water  or  by 
discharges into the natural environment; 

(f) Infrastructure, energy facilities, ports and maritime works and structures 

to  subject  such  infrastructure,  facilities,  works  and  structures  to  authorisation  so  that  their 
negative  impact  on  coastal  ecosystems,  landscapes  and  geomorphology  is  minimised  or, 
where appropriate, compensated by non-financial measures; 

(g) Maritime activities 

to  conduct  maritime  activities  in  such  a  manner  as  to  ensure  the  preservation  of  coastal 
ecosystems  in  conformity  with  the  rules,  standards  and  procedures  of  the  relevant 
international conventions. 

Article 10 

Specific coastal ecosystems 

The  Parties  shall  take  measures  to  protect  the  characteristics  of  certain  specific  coastal 
ecosystems, as follows: 

1. Wetlands and estuaries 

In addition to the creation of protected areas and with a view to preventing the disappearance 
of wetlands and estuaries, the Parties shall: 

(a)  take  into  account  in  national  coastal  strategies  and  coastal  plans  and  programmes  and 
when issuing authorisations, the environmental, economic and social function of wetlands and 
estuaries; 

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(b) take the necessary measures to regulate or, if necessary, prohibit activities that may have 
adverse effects on wetlands and estuaries; 

(c) undertake, to the extent possible, the restoration of degraded coastal wetlands with a view 
to reactivating their positive role in coastal environmental processes. 

2. Marine habitats 

The Parties, recognising the need to protect marine areas hosting habitats and species of high 
conservation value, irrespective of their classification as protected areas, shall: 

(a)  adopt  measures  to  ensure  the  protection  and  conservation,  through  legislation,  planning 
and  management  of  marine  and  coastal  areas,  in  particular  of  those  hosting  habitats  and 
species of high conservation value; 

(b)  undertake  to  promote  regional  and  international  cooperation  for  the  implementation  of 
common programmes on the protection of marine habitats. 

3. Coastal forests and woods 

The  Parties  shall  adopt  measures  intended  to  preserve  or  develop  coastal  forests  and  woods 
located, in particular, outside specially protected areas. 

4. Dunes 

The  Parties  undertake  to  preserve  and,  where  possible,  rehabilitate  in  a  sustainable  manner 
dunes and bars. 

Article 11 

Coastal landscapes 

1.  The  Parties,  recognising  the  specific  aesthetic,  natural  and  cultural  value  of  coastal 
landscapes,  irrespective  of  their  classification  as  protected  areas,  shall  adopt  measures  to 
ensure the protection of coastal landscapes through legislation, planning and management. 

2.  The  Parties  undertake  to  promote  regional  and  international  cooperation  in  the  field  of 
landscape protection, and in particular, the implementation, where appropriate, of joint actions 
for transboundary coastal landscapes. 

Article 12 

Islands 

The Parties undertake to accord special protection to islands, including small islands, and for 
this purpose to: 

(a)  promote  environmentally  friendly  activities  in  such  areas  and  take  special  measures  to 
ensure  the  participation  of  the  inhabitants  in  the  protection  of  coastal  ecosystems  based  on 
their local customs and knowledge; 

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(b) take into account the specific characteristics of the island environment and the necessity to 
ensure  interaction  among  islands  in  national  coastal  strategies,  plans  and  programmes  and 
management  instruments,  particularly  in  the  fields  of  transport,  tourism,  fishing,  waste  and 
water. 

Article 13 

Cultural heritage 

1.  The  Parties  shall  adopt,  individually  or  collectively,  all  appropriate  measures  to  preserve 
and protect the cultural, in particular archaeological and historical, heritage of coastal zones, 
including  the  underwater  cultural  heritage,  in  conformity  with  the  applicable  national  and 
international instruments. 

2. The Parties shall ensure that the preservation in situ of the cultural heritage of coastal zones 
is considered as the first option before any intervention directed at this heritage. 

3.  The  Parties  shall  ensure  in  particular  that  elements  of  the  underwater  cultural  heritage  of 
coastal zones removed from the marine environment are conserved and managed in a manner 
safeguarding  their  long-term  preservation  and  are  not  traded,  sold,  bought  or  bartered  as 
commercial goods. 

Article 14 

Participation 

1.  With  a  view  to  ensuring  efficient  governance  throughout  the  process  of  the  integrated 
management  of  coastal  zones,  the  Parties  shall  take  the  necessary  measures  to  ensure  the 
appropriate involvement in the phases of the formulation and implementation of coastal and 
marine  strategies,  plans  and  programmes  or  projects,  as  well  as  the  issuing  of  the  various 
authorisations, of the various stakeholders, including: 

- the territorial communities and public entities concerned, 

- economic operators, 

- non-governmental organisations, 

- social actors, 

- the public concerned. 

Such  participation  shall  involve,  inter  alia,  consultative  bodies,  inquiries  or  public  hearings, 
and may extend to partnerships. 

2.  With  a  view  to  ensuring  such  participation,  the  Parties  shall  provide  information  in  an 
adequate, timely and effective manner. 

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3. Mediation or conciliation procedures and a right of administrative or legal recourse should 
be  available  to  any  stakeholder  challenging  decisions,  acts  or  omissions,  subject  to  the 
participation  provisions  established  by  the  Parties  with  respect  to  plans,  programmes  or 
projects concerning the coastal zone. 

Article 15 

Awareness-raising, training, education and research 

1. The Parties undertake to carry out, at the national, regional or local level, awareness-raising 
activities  on  integrated  coastal  zone  management  and  to  develop  educational  programmes, 
training and public education on this subject. 

2. The Parties shall organise, directly, multilaterally or bilaterally, or with the assistance of the 
Organisation, 
international  organisations  concerned,  educational 
programmes, training and public education on integrated management of coastal zones with a 
view to ensuring their sustainable development. 

the  Centre  or 

the 

3. The Parties shall provide for interdisciplinary scientific research on integrated coastal zone 
management and on the interaction between activities and their impacts on coastal zones. To 
this  end,  they  should  establish  or  support  specialised  research  centres.  The  purpose  of  this 
research  is,  in  particular,  to  further  knowledge  of  integrated  coastal  zone  management,  to 
contribute to public information and to facilitate public and private decision-making. 

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PART III 

INSTRUMENTS FOR INTEGRATED COASTAL ZONE MANAGEMENT 

Article 16 

Monitoring and observation mechanisms and networks 

1. The Parties shall use and strengthen existing appropriate mechanisms for  monitoring and 
observation,  or  create  new  ones  if  necessary.  They  shall  also  prepare  and  regularly  update 
national inventories of coastal zones which should cover, to the extent possible, information 
on  resources  and  activities,  as  well  as  on  institutions,  legislation  and  planning  that  may 
influence coastal zones. 

2. In order to promote exchange of scientific experience, data and good practices, the Parties 
shall  participate,  at  the  appropriate  administrative  and  scientific  level,  in  a  Mediterranean 
coastal zone network, in cooperation with the Organisation. 

3.  With  a  view  to  facilitating  the  regular  observation  of  the  state  and  evolution  of  coastal 
zones, the Parties shall set out an agreed reference format and process to collect appropriate 
data in national inventories. 

4.  The  Parties  shall  take  all  necessary  means  to  ensure  public  access  to  the  information 
derived from monitoring and observation mechanisms and networks. 

Article 17 

Mediterranean strategy for integrated coastal zone management 

The  Parties  undertake  to  cooperate  for  the  promotion  of  sustainable  development  and 
integrated management of coastal zones, taking into account the  Mediterranean Strategy  for 
Sustainable  Development  and  complementing  it  where  necessary.  To  this  end,  the  Parties 
shall define, with the assistance of the Centre, a common regional framework for integrated 
coastal  zone  management  in  the  Mediterranean  to  be  implemented  by  means  of  appropriate 
regional  action  plans  and  other  operational  instruments,  as  well  as  through  their  national 
strategies. 

Article 18 

National coastal strategies, plans and programmes 

1.  Each  Party  shall  further  strengthen  or  formulate  a  national  strategy  for  integrated  coastal 
zone  management  and  coastal  implementation  plans  and  programmes  consistent  with  the 
common  regional  framework  and  in  conformity  with  the  integrated  management  objectives 
and  principles  of  this  Protocol  and  shall  inform  the  Organisation  about  the  coordination 
mechanism in place for this strategy. 

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2.  The  national  strategy,  based  on  an  analysis  of  the  existing  situation,  shall  set  objectives, 
determine  priorities  with  an  indication  of  the  reasons,  identify  coastal  ecosystems  needing 
management, as well as all relevant actors and processes, enumerate the measures to be taken 
and their cost as well as the institutional instruments and legal and financial means available, 
and set an implementation schedule. 

3. Coastal plans and programmes, which may be self-standing or integrated in other plans and 
programmes,  shall  specify  the  orientations  of  the  national  strategy  and  implement  it  at  an 
appropriate  territorial  level,  determining,  inter  alia,  and  where  appropriate,  the  carrying 
capacities and conditions for the allocation and use of the respective marine and land parts of 
coastal zones. 

4.  The  Parties  shall  define  appropriate  indicators  in  order  to  evaluate  the  effectiveness  of 
integrated coastal zone management strategies, plans and programmes, as well as the progress 
of implementation of the Protocol. 

Article 19 

Environmental assessment 

1. Taking into account the fragility of coastal zones, the Parties shall ensure that the process 
and related studies of environmental impact assessment for public and private projects likely 
to  have  significant  environmental  effects  on  the  coastal  zones,  and  in  particular  on  their 
ecosystems, take into consideration the specific sensitivity of the environment and the inter-
relationships between the marine and terrestrial parts of the coastal zone. 

2. In accordance with the same criteria, the Parties shall formulate, as appropriate, a strategic 
environmental assessment of plans and programmes affecting the coastal zone. 

3. The  environmental assessments should take into consideration the cumulative impacts on 
the coastal zones, paying due attention, inter alia, to their carrying capacities. 

Article 20 

Land policy 

1.  For  the  purpose  of  promoting  integrated  coastal  zone  management,  reducing  economic 
pressures, maintaining open areas and allowing public access to the sea and along the shore, 
Parties shall adopt appropriate land policy instruments and measures, including the process of 
planning. 

2. To this end, and in order to ensure the sustainable management of public and private land 
of  the  coastal  zones,  Parties  may,  inter  alia,  adopt  mechanisms  for  the  acquisition,  cession, 
donation or transfer of land to the public domain and institute easements on properties. 

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Article 21 

Economic, financial and fiscal instruments 

For  the  implementation  of  national  coastal  strategies  and  coastal  plans  and  programmes, 
Parties  may  take  appropriate  measures  to  adopt  relevant  economic,  financial  and/or  fiscal 
instruments  intended  to  support  local,  regional  and  national  initiatives  for  the  integrated 
management of coastal zones. 

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PART IV 

RISKS AFFECTING THE COASTAL ZONE 

Article 22 

Natural hazards 

Within  the  framework  of  national  strategies  for  integrated  coastal  zone  management,  the 
Parties  shall  develop  policies  for  the  prevention  of  natural  hazards.  To  this  end,  they  shall 
undertake  vulnerability  and  hazard  assessments  of  coastal  zones  and  take  prevention, 
mitigation and adaptation measures to address the effects of natural disasters, in particular of 
climate change. 

Article 23 

Coastal erosion 

1. In conformity with the objectives and principles set out in Articles 5 and 6 of this Protocol, 
the  Parties,  with  a  view  to  preventing  and  mitigating  the  negative  impact  of  coastal  erosion 
more effectively, undertake to adopt the necessary measures to maintain or restore the natural 
capacity of the coast to adapt to changes, including those caused by the rise in sea levels. 

2.  The  Parties,  when  considering  new  activities  and  works  located  in  the  coastal  zone 
including  marine  structures and  coastal defence works, shall  take particular account of their 
negative effects on coastal erosion and the direct and indirect costs that may result. In respect 
of  existing  activities  and  structures,  the  Parties  should  adopt  measures  to  minimise  their 
effects on coastal erosion. 

3.  The  Parties  shall  endeavour  to  anticipate  the  impacts  of  coastal  erosion  through  the 
integrated  management  of  activities,  including  adoption  of  special  measures  for  coastal 
sediments and coastal works. 

4.  The  Parties  undertake  to  share  scientific  data  that  may  improve  knowledge  on  the  state, 
development and impacts of coastal erosion. 

Article 24 

Response to natural disasters 

1. The Parties undertake to promote international cooperation to respond to natural disasters, 
and to take all necessary measures to address in a timely manner their effects. 

2.  The  Parties  undertake  to  coordinate  use  of  the  equipment  for  detection,  warning  and 
communication at their disposal, making use of existing mechanisms and initiatives, to ensure 
the  transmission  as  rapidly  as  possible  of  urgent  information  concerning  major  natural 
disasters. The Parties shall notify the Organisation which national authorities are competent to 
issue and receive such information in the context of relevant international mechanisms. 

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3.  The  Parties  undertake  to  promote  mutual  cooperation  and  cooperation  among  national, 
regional  and  local  authorities,  non-governmental  organisations  and  other  competent 
organisations  for  the  provision  on  an  urgent  basis  of  humanitarian  assistance  in  response  to 
natural disasters affecting the coastal zones of the Mediterranean Sea. 

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PART V 

INTERNATIONAL COOPERATION 

Article 25 

Training and research 

1. The Parties undertake, directly or with the assistance of the Organisation or the competent 
international  organisations,  to  cooperate  in  the  training  of  scientific,  technical  and 
administrative personnel in the field of integrated coastal zone management, particularly with 
a view to: 

(a) identifying and strengthening capacities; 

(b) developing scientific and technical research; 

(c) promoting centres specialised in integrated coastal zone management; 

(d) promoting training programmes for local professionals. 

2. The Parties undertake, directly or with the assistance of the Organisation or the competent 
international organisations, to promote scientific and technical research into integrated coastal 
zone  management,  particularly  through  the  exchange  of  scientific  and  technical  information 
and the coordination of their research programmes on themes of common interest. 

Article 26 

Scientific and technical assistance 

For  the  purposes  of  integrated  coastal  zone  management,  the  Parties  undertake,  directly  or 
with  the  assistance  of  the  Organisation  or  the  competent  international  organisations  to 
cooperate  for  the  provision  of  scientific  and  technical  assistance,  including  access  to 
environmentally sound technologies and their transfer, and other possible forms of assistance, 
to Parties requiring such assistance. 

Article 27 

Exchange of information and activities of common interest 

1. The Parties undertake, directly or with the assistance of the Organisation or the competent 
international organisations, to cooperate in the exchange of information on the use of the best 
environmental practices. 

2. With the support of the Organisation, the Parties shall in particular: 

(a) define coastal management indicators, taking into account existing ones, and cooperate in 
the use of such indicators; 

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(b)  establish  and  maintain  up-to-date  assessments  of  the  use  and  management  of  coastal 
zones; 

(c)  carry  out  activities  of  common  interest,  such  as  demonstration  projects  of  integrated 
coastal zone management. 

Article 28 

Transboundary cooperation 

The  Parties  shall  endeavour,  directly  or  with  the  assistance  of  the  Organisation  or  the 
competent  international  organisations,  bilaterally  or  multilaterally,  to  coordinate,  where 
appropriate,  their  national  coastal  strategies,  plans  and  programmes  related  to  contiguous 
coastal  zones.  Relevant  domestic  administrative  bodies  shall  be  associated  with  such 
coordination. 

Article 29 

Transboundary environmental assessment 

1.  Within  the  framework  of  this  Protocol,  the  Parties  shall,  before  authorising  or  approving 
plans,  programmes  and  projects  that  are  likely  to  have  a  significant  adverse  effect  on  the 
coastal  zones  of  other  Parties,  cooperate  by  means  of  notification,  exchange  of  information 
and  consultation  in  assessing  the  environmental  impacts  of  such  plans,  programmes  and 
projects, taking into account Article 19 of this Protocol and Article 4(3)(d) of the Convention. 

2.  To  this  end,  the  Parties  undertake  to  cooperate  in  the  formulation  and  adoption  of 
appropriate  guidelines  for  the  determination  of  procedures  for  notification,  exchange  of 
information and consultation at all stages of the process. 

3. The Parties may, where appropriate, enter into bilateral or multilateral agreements for the 
effective implementation of this Article. 

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PART VI 

INSTITUTIONAL PROVISIONS 

Article 30 

Focal Points 

Each Party shall designate a Focal Point to serve as liaison with the Centre on the technical 
and scientific aspects of the implementation of this Protocol and to disseminate information at 
the national, regional and local level. The Focal Points shall meet periodically to carry out the 
functions deriving from this Protocol. 

Article 31 

Reports 

The  Parties  shall  submit  to  the  ordinary  meetings  of  the  Contracting  Parties,  reports  on  the 
implementation  of  this  Protocol,  in  such  form  and  at  such  intervals  as  these  Meetings  may 
determine, including the measures taken, their effectiveness and the problems encountered in 
their implementation. 

Article 32 

Institutional coordination 

1. The Organisation shall be responsible for coordinating the implementation of this Protocol. 
For  this  purpose,  it  shall  receive  the  support  of  the  Centre,  to  which  it  may  entrust  the 
following functions: 

(a)  to  assist  the  Parties  to  define  a  common  regional  framework  for  integrated  coastal  zone 
management in the Mediterranean pursuant to Article 17; 

(b)  to  prepare  a  regular  report  on  the  state  and  development  of  integrated  coastal  zone 
management  in  the  Mediterranean  Sea  with  a  view  to  facilitating  implementation  of  the 
Protocol; 

(c)  to  exchange  information  and  carry  out  activities  of  common  interest  pursuant  to  Article 
27; 

(d) upon request, to assist the Parties: 

- to participate in a Mediterranean coastal zone network pursuant to Article 16, 

- to prepare and  implement their national strategies for  integrated coastal zone management 
pursuant to Article 18, 

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-  to  cooperate  in  training  activities  and  in  scientific  and  technical  research  programmes 
pursuant to Article 25, 

- to coordinate, when appropriate, the management of transboundary coastal zones pursuant to 
Article 28; 

(e) to organise the meetings of the Focal Points pursuant to Article 30; 

(f) to carry out any other function assigned to it by the Parties. 

2. For the purposes of implementing this Protocol, the Parties, the Organisation and the Centre 
may jointly establish cooperation with non-governmental organisations the activities of which 
are related to the Protocol. 

Article 33 

Meetings of the Parties 

1. The ordinary meetings of the Parties to this Protocol shall be held in conjunction with the 
ordinary meetings of the Contracting Parties to the Convention held pursuant to Article 18 of 
the  Convention.  The  Parties  may  also  hold  extraordinary  meetings  in  conformity  with  that 
Article. 

2. The functions of the meetings of the Parties to this Protocol shall be: 

(a) to keep under review the implementation of this Protocol; 

(b)  to  ensure  that  this  Protocol  is  implemented  in  coordination  and  synergy  with  the  other 
Protocols; 

(c) to oversee the work of the Organisation and of the Centre relating to the implementation of 
this Protocol and providing policy guidance for their activities; 

(d) to consider the efficiency of the measures adopted for integrated coastal zone management 
and the need for other measures, in particular in the form of annexes or amendments to this 
Protocol; 

(e)  to  make  recommendations  to  the  Parties  on  the  measures  to  be  adopted  for  the 
implementation of this Protocol; 

(f) to examine the proposals made by the meetings of Focal Points pursuant to Article 30 of 
this Protocol; 

(g)  to  consider  reports  transmitted  by  the  Parties  and  making  appropriate  recommendations 
pursuant to Article 26 of the Convention; 

(h) to examine any other relevant information submitted through the Centre; 

(i) to examine any other matter relevant to this Protocol, as appropriate. 

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PART VII 

FINAL PROVISIONS 

Article 34 

Relationship with the Convention 

1. The provisions of the Convention relating to any Protocol shall apply with respect to this 
Protocol. 

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

Article 35 

Relations with third parties 

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

2. The Parties undertake to adopt appropriate measures, consistent with international law, to 
ensure  that  no  one  engages  in  any  activity  contrary  to  the  principles  and  objectives  of  this 
Protocol. 

Article 36 

Signature 

This  Protocol  shall  be  open  for  signature  at  Madrid,  Spain,  from  21  January  2008  to  20 
January 2009 by any Contracting Party to the Convention. 

Article 37 

Ratification, acceptance or approval 

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

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Article 38 

Accession 

As  from  21  January  2009  this  Protocol  shall  be  open  for  accession  by  any  Party  to  the 
Convention. 

Article 39 

Entry into force 

This  Protocol  shall  enter  into  force  on  the  30th  day  following  the  deposit  of  at  least  six 
instruments of ratification, acceptance, approval or accession. 

Article 40 

Authentic texts 

The  original  of  this  Protocol,  of  which  the  Arabic,  English,  French  and  Spanish  texts  are 
equally authentic, shall be deposited with the Depositary. 

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

DONE AT MADRID, SPAIN, this twenty-first day of January two thousand and eight. 

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