Proposal for a COUNCIL DECISION on the accession of the European Union to 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
Date: 2011-10-27
Institutions: European Commission
Subjects: Mediterranean Sea, accession to an agreement, coastal pollution, exploitation of the sea-bed, petroleum exploration, protocol to an agreement, water protection

EUROPEAN COMMISSION 

Brussels, 27.10.2011 
COM(2011) 690 final 

2011/0304 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the accession of the European Union to 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 

EN 

   EN 

 
 
 
 
  
 
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  Italy, 
Greece,  Spain,  France,  Slovenia,  Malta  and  Cyprus,  together  with  14  other  Mediterranean 
countries  which  are  not  Member  States  of  the  European  Union.  Article  7  of  the  amended 
Convention  specifically  obliges  Parties  to  take  all  appropriate  measures  to  prevent,  abate, 
combat  and  to  the  fullest  possible  extent  eliminate  pollution  of  the  Mediterranean  Sea  Area 
resulting  from  exploration  and  exploitation  of  the  continental  shelf  and  the  seabed  and  its 
subsoil. 

2.  One  of  the  Protocols  of  the  Barcelona  Convention  deals  with  Protection  of  the 
Mediterranean  Sea  against  pollution  resulting  from  exploration  and  exploitation  of  the 
continental  shelf  and  the  seabed  and  its  subsoil  (commonly  referred  to  as  the  "Offshore 
Protocol").  It  was  adopted  on  14  October  1994  by  the  conference  of  the  Parties  in  Madrid 
taking into account the provisions contained in the United Nations Convention on the Law of 
the Sea (December 1982).  

3.  The  European  Union  has  neither  signed  nor  ratified  the  Offshore  Protocol.  The 
Commission proposed to the Council (COM(94)397 final) the signature of the Protocol prior 
to its adoption by the Conference of the Parties in October 1994. At that time it was deemed 
more  appropriate  to  work  further  on  a  Community  regime  for  environmental  liability  rather 
than  anticipate  it  through  an  international  agreement.  A  Green  Paper  on  remedying 
environmental  damage  was  already  published  (in  1993,  followed  by  a  White  Paper  on 
environmental  liability  in  2000).  The  Environmental  Liability  Directive  (ELD)  was  finally 
adopted in 2004. 

4.  The  Offshore  Protocol  entered  into  force  on  24  March  2011.  To  date  Albania,  Tunisia, 
Morocco,  Libya,  Cyprus  and  Syria  have  ratified  it.  Some  Member  States  of  the  European 
Union that are Contracting Parties to the Barcelona Convention have already announced in the 
last months their intention to ratify the Protocol too.  

5. The Offshore Protocol covers a wide range of exploration and exploitation activities, permit 
requirements,  removal  of  abandoned  or  disused  installations,  use  and  removal  of  harmful 
substances,  liability  and  compensation  requirements,  coordination  with  other  Parties  of  the 
Barcelona Convention at regional level as well as provisions on safety, contingency planning 
and monitoring.  

6. The provisions of the Offshore Protocol will need to be implemented by different levels of 
administration  and  economic  operators.  The  Member  States  and  their  relevant  competent 
authorities will be responsible for the design and implementation of certain detailed measures 
laid down in the Offshore Protocol, such as the establishment of a national monitoring system 
and the adoption and enforcement of appropriate rules and procedures for the determination of 
liability and compensation for damage. 

7. It is estimated that there are more than 200 active offshore platforms in the Mediterranean 
and  more  installations  are  under  consideration.  Hydrocarbon  exploration  and  exploitation 
activities  are  expected  to  increase  after  the  discovery  of  large  fossil  fuels  reserves  in  the 
the 
Mediterranean.  Due 

the  semi-closed  nature  and  special  hydrodynamics  of 

to 

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Mediterranean  Sea,  an  accident  of  the  kind  of  the  Gulf  of  Mexico  in  2010  could  have 
immediate  adverse  transboundary  consequences  on  the  Mediterranean  economy  and  fragile 
marine  and  coastal  ecosystems.  It  is  likely  that  in  the  medium  term  other  mineral  resources 
contained  in  the  deep  sea,  seabed  and  subsoil  will  be  the  subject  of  exploration  and 
exploitation activities. 

8.  Failure  to  address  effectively  the  risks  emanating  from  such  activities  could  gravely 
compromise the efforts of Italy, Greece, Spain, France, Slovenia, Malta and Cyprus to achieve 
and  maintain  good  environmental  status  in  their  marine  waters  as  required  by  the  Marine 
Strategy  Framework  Directive  2008/56/EC,  as  well  as  the  compliance  to  commitments  and 
obligations  into  which  Italy,  Greece,  Spain,  France,  Slovenia,  Malta,  Cyprus  and  the 
European Union itself have entered as Contracting Parties of the Barcelona Convention. 

9.  The  recent  Commission  Communication  on  offshore  safety  (COM(2010)560  final, 
12.10.2010)  develops  the  areas  where  action  is  needed  to  maintain  the  safety  and 
environmental  credentials  of  the  European  Union  and  proposes  concrete  actions;  one  of  the 
areas  identified  is  international  cooperation  to  promote  offshore  safety  and  response 
capabilities  worldwide  and  one  of  the  related  actions  is  the  exploration  of  the  potential  of 
regional  conventions;  in  particular  the  Communication  recommends  to  re-launch  in  close 
collaboration with the Member States concerned, the process towards bringing into force the 
Offshore Protocol.  

10. The Council in its Conclusions on safety of offshore oil and gas activities has stated that 
the  European  Union  and  its  Member  States  should  continue  to  play  a  prominent  role  in 
striving for the highest safety standards in the framework of international initiatives and fora 
and  regional  cooperation  such  as  in  the  Mediterranean  and  calls  on  the  Commission  and 
Member States to make best use of existing international conventions. 

11. The European Parliament, in its resolution of 13 September 2011, stressed the importance 
of  bringing  fully  into  force  the  un-ratified  1994  Mediterranean  Offshore  Protocol,  targeting 
protection against pollution resulting from exploration and exploitation. 

12.  One  of  the  objectives  of  the  environment  policy  of  the  European  Union  is  promoting 
measures  at  international  level  to  deal  with  regional  environmental  problems.  In  relation  to 
the  Offshore  Protocol,  it  is  particularly  important  to  bear  in  mind  the  strong  probability  of 
transboundary environmental effects in case of accidents in a semi-enclosed sea such as the 
Mediterranean  Sea.  It  is  therefore  appropriate  for  the  European  Union  to  take  all  necessary 
actions  in  support  of  safety  of  offshore  exploration  and  exploitation  activities  and  for  the 
protection of the marine environment in the Mediterranean Sea.  

13.  It  is  necessary  and  urgent  to  address  the  potential  great  risks  from  offshore  related 
activities, particularly under complex conditions, including deep-sea drilling, and to establish 
appropriate  prevention  and  response  mechanisms  at  national  and  regional  level  covering 
operational, illegal and accidental pollution. Therefore, the Commission is also proposing, in 
conjunction  with  the  present  proposal,  a  Regulation  on  safety  of  offshore  oil  and  gas 
prospection, exploration and production activities.  

14.  The  Offshore  Protocol  concerns  a  field  in  large  measure  covered  by  Union  law.  This 
includes,  for  instance,  elements  such  as  the  protection  of  the  marine  environment, 
environmental impact assessment and environmental liability. Subject to the final decision of 
legislators on this matter, the Offshore Protocol is furthermore consistent with the objectives 

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of  the  proposed  Regulation  on  safety  of  offshore  oil  and  gas  prospection,  exploration  and 
production  activities,  including  on  authorisation,  environmental  impact  assessment  and 
technical and financial capacity of operators.  

15. It is therefore appropriate for the Union to conclude 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. 

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2011/0304 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the accession of the European Union to 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 

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 Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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/CEE and 1999/802/EC. 

In  accordance  with  Article  7  of  the  Barcelona  Convention,  the  Contracting  Parties 
shall take all appropriate measures to prevent, abate, combat and to the fullest possible 
extent  eliminate  pollution  of  the  Mediterranean  Sea  Area  resulting  from  exploration 
and exploitation of the continental shelf and the seabed and its subsoil. 

One  of  the  Protocols  of  the  Barcelona  Convention  deals  with  Protection  of  the 
Mediterranean Sea against pollution resulting from exploration and exploitation of the 
continental shelf and the seabed and its subsoil (commonly referred to as the "Offshore 
Protocol").  It  entered  into  force  on  24  March  2011.  To  date,  Albania,  Tunisia, 
Morocco,  Libya,  Cyprus  and  Syria  have  ratified  it.  Some  Member  States  of  the 
European Union that are Contracting Parties to the Barcelona Convention have already 
announced in the last months their intention to ratify the Protocol too.  

It  is  estimated  that  there  are  more  than  200  active  offshore  platforms  in  the 
Mediterranean  and  more 
installations  are  under  consideration.  Hydrocarbon 
exploration and exploitation activities are expected to  increase after the  discovery of 
large  fossil  fuels  reserves  in  the  Mediterranean.  Due  to  the  semi-closed  nature  and 
special hydrodynamics of the Mediterranean Sea, an accident of the kind of the Gulf of 
Mexico  in  2010  could  have  immediate  adverse  transboundary  consequences  on  the 
Mediterranean economy and fragile marine and coastal ecosystems. It is likely that in 

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(5) 

(6) 

(7) 

(8) 

(9) 

the medium term other mineral resources contained in the deep sea, seabed and subsoil 
will be the subject of exploration and exploitation activities. 

Failure  to  address  effectively  the  risks  emanating  from  such  activities  could  gravely 
compromise the efforts of Italy, Greece, Spain, France, Slovenia, Malta and Cyprus to 
achieve and maintain good environmental status in their marine waters as required by 
the  Marine  Strategy  Framework  Directive  2008/56/EC  and  the  compliance  to 
commitments and obligations into which Italy, Greece, Spain, France, Slovenia, Malta, 
Cyprus  and  the  European  Union  itself  have  entered  as  Contracting  Parties  of  the 
Barcelona Convention. 

The  Offshore  Protocol  covers  a  broad  range  of  provisions  which  will  need  to  be 
implemented  by  different  levels  of  administration.  While  it  is  appropriate  for  the 
European  Union  to  act  in  support  of  safety  of  offshore  exploration  and  exploitation 
activities, bearing in mind, inter alia, the strong probability of cross-border nature of 
environmental  problems  related  to  such  activities,  the  Member  States  and  their 
relevant  competent  authorities  will  be  responsible  for  certain  detailed  measures  laid 
down in the Offshore Protocol. 

The  Commission  Communication  on  offshore  safety1  identifies  the  need  for 
international  cooperation  to  promote  offshore  safety  and  response  capabilities 
worldwide and one of the related actions is the exploration of the potential of regional 
conventions.  It  recommends  re-launching  in  close  collaboration  with  the  Member 
States concerned, the process towards bringing into force the Offshore Protocol.  

The Council in its Conclusions on safety of offshore oil and gas activities has stated 
that the European Union and its Member States should continue to play a prominent 
role  in  striving  for  the  highest  safety  standards  in  the  framework  of  international 
initiatives and fora and regional cooperation such as in the Mediterranean and calls on 
the  Commission  and  Member  States  to  make  best  use  of  existing  international 
conventions. 

The  European  Parliament,  in  its  resolution  of  13  September  2011,  stressed  the 
importance  of  bringing  fully  into  force  the  un-ratified  1994  Mediterranean  Offshore 
Protocol,  targeting  protection  against  pollution  resulting  from  exploration  and 
exploitation. 

(10)  One of the objectives of the environment policy of the European Union is promoting 
measures  at  international  level  to  deal  with  regional  environmental  problems.  In 
relation to the Offshore Protocol, it is particularly important to bear in mind the strong 
probability  of  transboundary  environmental  effects  in  case  of  accidents  in  a  semi-
enclosed  sea  such  as  the  Mediterranean  Sea.  It  is  therefore  appropriate  for  the 
European  Union  to  take  all  necessary  actions  in  support  of  safety  of  offshore 
exploration  and  exploitation  activities  and  for  the  protection  of  the  marine 
environment in the Mediterranean Sea.  

1 

COM(2010)560 final, 12.10.2010. 

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(11)  The  Commission  is  also  proposing,  in  conjunction  with  the  present  proposal,  a 
Regulation on safety of offshore oil and  gas prospection, exploration and production 
activities.  

(12)  The Offshore Protocol concerns a field in large measure covered by Union law. This 
includes,  for  instance,  elements  such  as  the  protection  of  the  marine  environment, 
environmental  impact  assessment  and  environmental  liability.  Subject  to  the  final 
decision of legislators on this matter, the Offshore Protocol is furthermore consistent 
with  the  objectives  of  the  proposed  Regulation  on  safety  of  offshore  oil  and  gas 
prospection,  exploration  and  production  activities,  including  on  authorisation, 
environmental impact assessment and technical and financial capacity of operators.  

(13) 

It  is  essential  to  ensure  close  cooperation  between  the  Member  States  and  the 
institutions of the European Union, both in the process of negotiation and conclusion 
and  in  the  fulfillment  of  the  commitments  entered  into.  That  obligation  to  cooperate 
flows from the requirement of unity in the international representation of the European 
Union. Therefore, those Member States that are Contracting Parties to the Barcelona 
Convention and that have not yet done so should take the necessary steps to finalize 
the procedures to ratify or accede to the Offshore Protocol.  

(14)  The Offshore Protocol should be concluded. 

HAS ADOPTED THIS DECISION:  

Article 1 

The accession of the European Union to 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 is hereby approved on behalf of the Union.  

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall designate the person(s) 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 32 of the Protocol, in 
order to express the consent of the Union to be bound by the Protocol. 

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Article 3 

This  Decision  shall  enter  into  force  on  the  date  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union2.  

Done at Brussels 

For the Council 
The President 

2 

The date of entry into force of the Agreement for the European Union will be published in the Official 
Journal of the European Union by the General Secretariat of the Council. 

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The Contracting Parties to the present Protocol, 

ANNEX  

Being Parties to the Convention for the Protection of the Mediterranean Sea against Pollution, 
adopted at Barcelona on 16 February 1976,  

Bearing in mind Article 7 of the said Convention, 

Bearing in mind the increase in the activities concerning exploration and exploitation of the 
Mediterranean seabed and its subsoil, 

Recognizing that the pollution which may result therefrom represents a serious danger to the 
environment and to human beings, 

Desirous  of  protecting  and  preserving  the  Mediterranean  Sea  from  pollution  resulting  from 
exploration and exploitation activities, 

Taking  into  account  the  Protocols  related  to  the  Convention  for  the  Protection  of  the 
Mediterranean  Sea against Pollution  and, in particular, the Protocol concerning Cooperation 
in  Combating  Pollution  of  the  Mediterranean  Sea  by  Oil  and  Other  Harmful  Substances  in 
Cases of Emergency, adopted at Barcelona on 16 February 1976, and the Protocol concerning 
Mediterranean Specially Protected Areas, adopted at Geneva on 3 April 1982, 

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 and signed by many Contracting Parties, 

Recognizing  the  differences  in  levels  of  development  among  the  coastal  States,  and  taking 
account of the economic and social imperatives of the developing countries, 

Have agreed as follows: 

SECTION I - GENERAL PROVISIONS 

Article 1 

DEFINITIONS 

For the purposes of this Protocol: 

(a) 

(b) 

(c) 

(d) 

"Convention"  means  the  Convention  for  the  Protection  of  the  Mediterranean  Sea 
against Pollution, adopted at Barcelona on 16 February 1976; 

"Organization" means the body referred to in Article 17 of the Convention; 

"Resources" means all mineral resources, whether solid, liquid or gaseous; 

"Activities  concerning  exploration  and/or  exploitation  of  the  resources  in  the 
Protocol Area" (hereinafter referred to as "activities") means: 

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- 

- 

- 

- 

- 

(e) 

(f) 

(i)  Activities of scientific research concerning the resources of the seabed and its 

subsoil; 

(ii)  Exploration activities: 

- 

- 

Seismological  activities;  surveys  of  the  seabed  and  its  subsoil;  sample 
taking; 

Exploration drilling; 

(iii)  Exploitation activities: 

Establishment  of  an  installation  for  the  purpose  of  recovering  resources,  and 
activities connected therewith; 

Development drilling; 

Recovery, treatment and storage; 

Transportation to shore by pipeline and loading of ships; 

Maintenance, repair and other ancillary operations; 

"Pollution" is defined as in Article 2, paragraph (a), of the Convention; 

"Installation" means any fixed or floating structure, and any integral part thereof, that 
is engaged in activities, including, in particular: 

(i) 

Fixed or mobile offshore drilling units; 

(ii)  Fixed or floating production units including dynamically-positioned units; 

(iii)  Offshore storage facilities including ships used for this purpose; 

(iv)  Offshore  loading  terminals  and  transport  systems  for  the  extracted  products, 

such as submarine pipelines; 

(v)  Apparatus  attached  to  it  and  equipment  for  the  reloading,  processing,  storage 

and disposal of substances removed from the seabed or its subsoil; 

(g) 

"Operator" means: 

(i)  Any  natural  or  juridical  person  who  is  authorized  by  the  Party  exercising 
jurisdiction  over  the  area  where  the  activities  are  undertaken  (hereinafter 
referred to as the "Contracting Party") in accordance with this Protocol to carry 
out activities and/or who carries out such activities; or  

(ii)  Any  person  who  does  not  hold  an  authorization  within  the  meaning  of  this 

Protocol but is de facto in control of such activities; 

(h) 

"Safety zone"  means a  zone established around installations in conformity  with  the 
provisions of general international law and technical requirements, with appropriate 
markings to ensure the safety of both navigation and the installations; 

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(i) 

(j) 

(k) 

"Wastes" means substances and materials of any kind, form or description resulting 
from  activities  covered  by  this  Protocol  which  are  disposed  of  or  are  intended  for 
disposal or are required to be disposed of; 

"Harmful  or  noxious  substances  and  materials"  means  substances  and  materials  of 
any  kind,  form  or  description,  which  might  cause  pollution,  if  introduced  into  the 
Protocol Area; 

"Chemical  Use  Plan"  means  a  plan  drawn  up  by  the  operator  of  any  offshore 
installation which shows: 

(i)  The chemicals which the operator intends to use in the operations; 

(ii)  The purpose or purposes for which the operator intends to use the chemicals; 

(iii)  The  maximum  concentrations  of  the  chemicals  which  the  operator  intends  to 
use within any other substances, and maximum amounts intended to be used in 
any specified period; 

(iv)  The area within which the chemical may escape into the marine environment; 

(l) 

"Oil"  means  petroleum  in  any  form  including  crude  oil,  fuel  oil,  oily  sludge,  oil 
refuse  and  refined  products  and,  without  limiting  the  generality  of  the  foregoing, 
includes the substances listed in the Appendix to this Protocol; 

(m) 

"Oily mixture" means a mixture with any oil content; 

(n) 

"Sewage" means: 

(i)  Drainage  and  other  wastes  from  any  form  of  toilets,  urinals  and  water-closet 

scuppers; 

(ii)  Drainage  from  medical  premises  (dispensary,  sick  bay,  etc.)  via  wash  basins, 

wash tubs and scuppers located in such premises; 

(iii)  Other waste waters when mixed with the drainages defined above; 

(o) 

(p) 

"Garbage" means all kinds of food, domestic and operational waste generated during 
the normal operation of the installation and liable to be disposed of continuously or 
periodically,  except  those  substances  which  are  defined  or  listed  elsewhere  in  this 
Protocol; 

"Freshwater  limit"  means  the  place  in  water  courses  where,  at  low  tides  and  in  a 
period of low freshwater flow, there is an appreciable increase in salinity due to the 
presence of sea water. 

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1. 

(a) 

(b) 

2. 

3. 

1. 

2. 

1. 

Article 2 

GEOGRAPHICAL COVERAGE 

The area to which this Protocol applies (referred to in this Protocol as the "Protocol 
Area") shall be: 

The Mediterranean Sea Area as defined in Article 1 of the Convention, including the 
continental shelf and the seabed and its subsoil; 

Waters,  including  the  seabed  and  its  subsoil,  on  the  landward  side  of  the  baselines 
from which the breadth of the territorial sea is measured and extending, in the case of 
watercourses, up to the freshwater limit. 

Any  of  the  Contracting  Parties  to  this  Protocol  (referred  to  in  this  Protocol  as  "the 
Parties")  may  also  include  in  the  Protocol  area  wetlands  or  coastal  areas  of  their 
territory. 

Nothing  in  this  Protocol,  nor  any  act  adopted  on  the  basis  of  this  Protocol,  shall 
prejudice the rights of any State concerning the delimitation of the continental shelf. 

Article 3 

GENERAL UNDERTAKINGS 

The  Parties  shall  take,  individually  or  through  bilateral  or  multilateral  cooperation, 
all  appropriate  measures  to  prevent,  abate,  combat  and  control  pollution  in  the 
Protocol Area resulting from activities, inter alia by ensuring that the best available 
techniques, environmentally effective and economically appropriate, are used for this 
purpose. 

The Parties shall ensure that all necessary measures are taken so that activities do not 
cause pollution. 

SECTION II - AUTHORIZATION SYSTEM 

Article 4 

GENERAL PRINCIPLES 

All activities in the Protocol Area, including erection on site of installations, shall be 
subject  to  the  prior  written  authorization  for  exploration  or  exploitation  from  the 
competent  authority.  Such  authority,  before  granting  the  authorization,  shall  be 
satisfied  that  the  installation  has  been  constructed  according  to  international 
standards  and  practice  and  that  the  operator  has  the  technical  competence  and  the 
financial  capacity  to  carry  out  the  activities.  Such  authorization  shall  be  granted  in 
accordance with the appropriate procedure, as defined by the competent authority. 

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2. 

3. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

2. 

Authorization shall be refused if there are indications that the proposed activities are 
likely  to  cause  significant  adverse  effects  on  the  environment  that  could  not  be 
avoided  by  compliance  with  the  conditions  laid  down  in  the  authorization  and 
referred to in Article 6, paragraph 3, of this Protocol. 

When considering approval of the siting of an installation, the Contracting Party shall 
ensure that no detrimental effects will be caused to existing facilities by such siting, 
in particular, to pipelines and cables. 

Article 5 

REQUIREMENTS FOR AUTHORIZATIONS 

The Contracting Party shall prescribe that any application for authorization or for the 
renewal  of  an  authorization  is  subject  to  the  submission  of  the  project  by  the 
candidate  operator  to  the  competent  authority  and  that  any  such  application  must 
include, in particular, the following: 

A  survey  concerning  the  effects  of  the  proposed  activities  on  the  environment;  the 
competent  authority  may,  in  the  light  of  the  nature,  scope,  duration  and  technical 
methods employed in the activities and of the characteristics of the area, require that 
an  environmental  impact  assessment  be  prepared  in  accordance  with  Annex  IV  to 
this Protocol; 

The  precise  definition  of  the  geographical  areas  where  the  activity  is  envisaged, 
including safety zones; 

Particulars of the professional and technical qualifications of the candidate operator 
and personnel on the installation, as well as of the composition of the crew; 

The safety measures as specified in Article 15; 

The operator's contingency plan as specified in Article 16; 

The monitoring procedures as specified in Article 19; 

The plans for removal of installations as specified in Article 20; 

Precautions for specially protected areas as specified in Article 21; 

The insurance or other financial security to cover liability as prescribed in Article 27, 
paragraph 2 (b). 

The  competent  authority  may  decide,  for  scientific  research  and  exploration 
activities,  to  limit  the  scope  of  the  requirements  laid  down  in  paragraph  1  of  this 
Article, in the light of the nature, scope, duration and technical methods employed in 
the activities and of the characteristics of the area. 

EN 

13 

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Article 6 

GRANTING OF AUTHORIZATIONS 

1. 

2. 

3. 

4. 

The authorizations referred to in Article 4 shall be granted only after examination by 
the competent authority of the requirements listed in Article 5 and Annex IV. 

Each  authorization  shall  specify  the  activities  and  the  period  of  validity  of  the 
authorization,  establish  the  geographical  limits  of  the  area  subject  to  the 
authorization and specify the technical requirements and the authorized installations. 
The necessary safety zones shall be established at a later appropriate stage. 

The authorization may impose conditions regarding measures, techniques or methods 
designed  to  reduce  to  the  minimum  risks  of  and  damage  due  to  pollution  resulting 
from the activities. 

The  Parties  shall  notify  the  Organization  as  soon  as  possible  of  authorizations 
granted  or  renewed.  The  Organization  shall  keep  a  register  of  all  the  authorized 
installations in the Protocol Area. 

Article 7 

SANCTIONS 

Each Party shall prescribe sanctions to be imposed for breach of obligations arising out of this 
Protocol,  or  for  non-observance  of  the  national  laws  or  regulations  implementing  this 
Protocol, or for non-fulfilment of the specific conditions attached to the authorization. 

SECTION III - WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND 

MATERIALS 

Article 8 

GENERAL OBLIGATION 

Without prejudice to other standards or obligations referred to in this Section, the Parties shall 
impose  a  general  obligation  upon  operators  to  use  the  best  available,  environmentally 
effective  and  economically  appropriate  techniques  and  to  observe  internationally  accepted 
standards regarding wastes, as well as the use, storage and discharge  of harmful or noxious 
substances and materials, with a view to minimizing the risk of pollution. 

EN 

14 

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Article 9 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

(a) 

HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS 

The  use  and  storage  of  chemicals  for  the  activities  shall  be  approved  by  the 
competent authority, on the basis of the Chemical Use Plan. 

The  Contracting  Party  may  regulate,  limit  or  prohibit  the  use  of  chemicals  for  the 
activities in accordance with guidelines to be adopted by the Contracting Parties. 

For  the  purpose  of  protecting  the  environment,  the  Parties  shall  ensure  that  each 
substance and material used for activities is accompanied by a compound description 
provided by the entity producing such substance or material. 

The disposal into the Protocol Area of harmful or noxious substances and materials 
resulting  from  the  activities  covered  by  this  Protocol  and  listed  in  Annex  I  to  this 
Protocol is prohibited. 

The disposal into the Protocol Area of harmful or noxious substances and materials 
resulting  from  the  activities  covered  by  this  Protocol  and  listed  in  Annex  II  to  this 
Protocol requires, in each case, a prior special permit from the competent authority. 

The disposal into the Protocol Area of all  other  harmful  or  noxious  substances  and 
materials  resulting  from  the  activities  covered  by  this  Protocol  and  which  might 
cause pollution requires a prior general permit from the competent authority. 

The permits referred to in paragraphs 5 and 6 above shall be issued only after careful 
consideration of all the factors set forth in Annex III to this Protocol. 

Article 10 

OIL AND OILY MIXTURES AND DRILLING FLUIDS AND CUTTINGS 

The Parties shall formulate and adopt common standards for the disposal of oil and 
oily mixtures from installations into the Protocol Area: 

Such  common  standards  shall  be  formulated  in  accordance  with  the  provisions  of 
Annex V, A; 

(b) 

Such common standards shall not be less restrictive than the following, in particular: 

(i) 

For machinery space drainage, a maximum oil content of 15 mg per litre whilst 
undiluted; 

(ii)  For production water, a maximum oil content of 40 mg per litre as an average 
in  any  calendar  month;  the  content  shall  not  at  any  time  exceed  100  mg  per 
litre; 

(c) 

The  Parties  shall  determine  by  common  agreement  which  method  will  be  used  to 
analyze the oil content. 

EN 

15 

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2. 

3. 

1. 

(a) 

(b) 

(c) 

2. 

3. 

4. 

1. 

(a) 

The Parties shall formulate and adopt common standards for the use and disposal of 
drilling fluids and drill cuttings into the Protocol Area. Such common standards shall 
be formulated in accordance with the provisions of Annex V, B. 

Each Party shall take appropriate measures to enforce the common standards adopted 
pursuant  to  this  Article  or  to  enforce  more  restrictive  standards  that  it  may  have 
adopted. 

Article 11 

SEWAGE 

The  Contracting  Party  shall  prohibit  the  discharge  of  sewage  from  installations 
permanently  manned  by  10  or  more  persons  into the Protocol Area except  in cases 
where: 

The installation is discharging sewage after treatment as approved by the competent 
authority at a distance of at least four nautical miles from the  nearest  land or fixed 
fisheries installation, leaving the Contracting Party to decide on a case by case basis; 
or 

The  sewage  is  not  treated,  but  the  discharge  is  carried  out  in  accordance  with 
international rules and standards; or 

The sewage has passed through an approved sewage treatment plant certified by the 
competent authority. 

The Contracting Party shall impose stricter provisions, as appropriate, where deemed 
necessary, inter alia because of the regime of the currents in the area or proximity to 
any area referred to in Article 21. 

The  exceptions referred to in paragraph  1 shall  not  apply if the  discharge  produces 
visible  floating  solids  or  produces  colouration,  discolouration  or  opacity  of  the 
surrounding water. 

If the sewage is mixed with wastes and harmful or noxious substances and materials 
having different disposal requirements, the more stringent requirements shall apply. 

Article 12 

GARBAGE 

The  Contracting  Party  shall  prohibit  the  disposal  into  the  Protocol  Area  of  the 
following products and materials: 

All  plastics,  including  but  not  limited  to  synthetic  ropes,  synthetic  fishing  nets  and 
plastic garbage bags; 

EN 

16 

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(b) 

2. 

3. 

All  other  non-biodegradable  garbage,  including  paper  products,  rags,  glass,  metal, 
bottles, crockery, dunnage, lining and packing materials. 

Disposal  into  the  Protocol  Area  of  food  wastes  shall  take  place  as  far  away  as 
possible from land, in accordance with international rules and standards. 

If  garbage  is  mixed  with  other  discharges  having  different  disposal  or  discharge 
requirements, the more stringent requirements shall apply. 

Article 13 

RECEPTION FACILITIES, INSTRUCTIONS AND SANCTIONS 

The Parties shall ensure that: 

(a) 

(b) 

(c) 

1. 

(a) 

Operators dispose satisfactorily of all wastes and harmful or noxious substances and 
materials  in  designated  onshore  reception  facilities,  except  as  otherwise  authorized 
by the Protocol; 

Instructions are given to all personnel concerning proper means of disposal; 

Sanctions are imposed in respect of illegal disposals. 

Article 14 

EXCEPTIONS 

The provisions of this Section shall not apply in case of: 

Force majeure and in particular for disposals: 

- 

- 

- 

to save human life, 

to ensure the safety of installations, 

in case of damage to the installation or its equipment, 

on condition that all reasonable precautions have been taken after the damage is discovered or 

after the disposal has been performed to reduce the negative effects. 

(b) 

2. 

The  discharge  into  the  sea  of  substances  containing  oil  or  harmful  or  noxious 
substances  or  materials  which,  subject  to  the  prior  approval  of  the  competent 
authority, are being used for the purpose of combating specific pollution incidents in 
order to minimize the damage due to the pollution. 

However,  the  provisions  of  this  Section  shall  apply  in  any  case  where  the  operator 
acted with the intent to cause damage or recklessly and with knowledge that damage 
will probably result. 

EN 

17 

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3. 

1. 

2. 

3. 

4. 

1. 

2. 

Disposals carried out in the circumstances referred to in paragraph 1 of this Article 
shall  be  reported  immediately  to  the  Organization  and,  either  through  the 
Organization or directly, to any Party or Parties likely to be affected, together with 
full details of the circumstances and of the nature and quantities of wastes or harmful 
or noxious substances or materials discharged. 

SECTION IV - SAFEGUARDS 

Article 15 

SAFETY MEASURES 

The Contracting Party within whose jurisdiction activities are envisaged or are being 
carried  out  shall  ensure  that  safety  measures  are  taken  with  regard  to  the  design, 
construction,  placement,  equipment,  marking,  operation  and  maintenance  of 
installations. 

The  Contracting  Party  shall  ensure  that  at  all  times  the  operator  has  on  the 
installations adequate equipment and devices, maintained in good working order, for 
protecting human life, preventing and combating accidental pollution and facilitating 
prompt  response  to  an  emergency,  in  accordance  with  the  best  available 
the 
environmentally  effective  and  economically  appropriate 
provisions of the operator's contingency plan referred to in Article 16.  

techniques  and 

The  competent  authority  shall  require  a  certificate  of  safety  and  fitness  for  the 
purpose  (hereinafter  referred  to  as  "certificate")  issued  by  a  recognized  body  to  be 
submitted in respect of production platforms, mobile offshore drilling units, offshore 
storage facilities, offshore loading systems and pipelines and in respect of such other 
installations as may be specified by the Contracting Party. 

The  Parties  shall  ensure  through  inspection  that  the  activities  are  conducted  by  the 
operators in accordance with this Article. 

Article 16 

CONTINGENCY PLANNING 

In cases of emergency the Contracting Parties shall implement mutatis mutandis the 
provisions  of  the  Protocol  concerning  Cooperation  in  Combating  Pollution  of  the 
Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency. 

Each Party shall require operators in charge of installations under its jurisdiction to 
have  a  contingency  plan  to  combat  accidental  pollution,  coordinated  with  the 
contingency  plan  of  the  Contracting  Party  established  in  accordance  with  the 
Protocol  concerning  Cooperation  in  Combating  Pollution  of  the  Mediterranean  Sea 
by  Oil  and  Other  Harmful  Substances  in  Cases  of  Emergency  and  approved  in 
conformity with the procedures established by the competent authorities. 

EN 

18 

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3. 

Each  Contracting  Party  shall  establish  coordination  for  the  development  and 
implementation of contingency plans. Such plans shall be established in accordance 
with  guidelines  adopted  by  the  competent  international  organization.  They  shall,  in 
particular, be in accordance with the provisions of Annex VII to this Protocol. 

Article 17 

NOTIFICATION 

Each  Party  shall  require  operators  in  charge  of  installations  under  its  jurisdiction  to  report 
without delay to the competent authority: 

(a) 

Any  event  on  their  installation  causing  or  likely  to  cause  pollution  in  the  Protocol 
Area; 

(b) 

Any observed event at sea causing or likely to cause pollution in the Protocol Area. 

Article 18 

MUTUAL ASSISTANCE IN CASES OF EMERGENCY 

In  cases  of  emergency,  a  Party  requiring  assistance  in  order  to  prevent,  abate  or  combat 
pollution resulting from activities may request help from the other Parties, either directly or 
through  the  Regional  Marine  Pollution  Emergency  Response  Centre  for  the  Mediterranean 
Sea (REMPEC), which shall do their utmost to provide the assistance requested. 

For  this  purpose,  a  Party  which  is  also  a  Party  to  the  Protocol  concerning  Cooperation  in 
Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases 
of Emergency shall apply the pertinent provisions of the said Protocol. 

Article 19 

MONITORING 

1. 

2. 

The operator shall be required to measure, or to have measured by a qualified entity, 
expert in the matter, the effects of the activities on the environment in the light of the 
nature, scope, duration and technical methods employed in the activities and of the 
characteristics of the area and to report on them periodically or upon request by the 
competent  authority  for  the  purpose  of  an  evaluation  by  such  competent  authority 
according to a procedure established by the competent authority in its authorization 
system. 

The  competent  authority  shall  establish,  where  appropriate,  a  national  monitoring 
system  in  order  to  be  in  a  position  to  monitor  regularly  the  installations  and  the 
impact  of  the  activities  on  the  environment,  so  as  to  ensure  that  the  conditions 
attached to the grant of the authorization are being fulfilled. 

EN 

19 

   EN 

 
Article 20 

REMOVAL OF INSTALLATIONS 

1. 

2. 

3. 

4. 

5. 

6. 

The operator shall be required by the competent authority to remove any installation 
which  is  abandoned  or  disused,  in  order  to  ensure  safety  of  navigation,  taking  into 
account  the  guidelines  and  standards  adopted  by  the  competent  international 
organization. Such removal shall also have due regard to other legitimate uses of the 
sea, in particular fishing, the protection of the marine environment and the rights and 
duties  of  other  Contracting  Parties.  Prior  to  such  removal,  the  operator  under  its 
responsibility  shall  take  all  necessary  measures  to  prevent  spillage  or  leakage  from 
the site of the activities. 

The competent authority shall require the operator to remove abandoned or disused 
pipelines in accordance with paragraph 1 of this Article or to clean them inside and 
abandon  them  or  to  clean  them  inside  and  bury  them  so  that  they  neither  cause 
pollution, endanger navigation, hinder fishing, threaten the marine environment, nor 
interfere with other legitimate uses of the sea or with the rights and duties of other 
Contracting Parties. The competent authority shall ensure that appropriate publicity 
is given to the depth, position and dimensions of any buried pipeline and that such 
information  is  indicated  on  charts  and  notified  to  the  Organization  and  other 
competent international organizations and the Parties. 

The provisions of this Article apply also to installations disused or abandoned by any 
operator whose authorization may have been withdrawn or suspended in compliance 
with Article 7. 

The competent authority may indicate eventual modifications to be made to the level 
of activities and to the measures for the protection of the marine environment which 
had initially been provided for. 

The competent authority may regulate the cession or transfer of authorized activities 
to other persons. 

Where the operator fails to comply with the provisions of this Article, the competent 
authority shall undertake, at the operator's expense, such action or actions as may be 
necessary to remedy the operator's failure to act. 

Article 21 

SPECIALLY PROTECTED AREAS 

For  the  protection  of  the  areas  defined  in  the  Protocol  concerning  Mediterranean  Specially 
Protected  Areas  and  any  other  area  established  by  a  Party  and  in  furtherance  of  the  goals 
stated  therein,  the  Parties  shall  take  special  measures  in  conformity  with  international  law, 
either individually or through multilateral or bilateral cooperation, to prevent, abate, combat 
and control pollution arising from activities in these areas. 

EN 

20 

   EN 

 
In  addition  to  the  measures  referred  to  in  the  Protocol  concerning  Mediterranean  Specially 
Protected Areas for the granting of authorization, such measures may include, inter alia: 

(a) 

Special restrictions or conditions when granting authorizations for such areas: 

(i)  The preparation and evaluation of environmental impact assessments; 

(ii)  The  elaboration  of  special  provisions  in  such  areas  concerning  monitoring, 

removal of installations and prohibition of any discharge. 

(b) 

Intensified  exchange  of  information  among  operators,  the  competent  authorities, 
Parties and the Organization regarding matters which may affect such areas. 

SECTION V - COOPERATION 

Article 22 

STUDIES AND RESEARCH PROGRAMMES 

In  conformity  with  Article  13  of  the  Convention,  the  Parties  shall,  where  appropriate, 
cooperate  in  promoting  studies  and  undertaking  programmes  of  scientific  and  technological 
research for the purpose of developing new methods of: 

(a) 

(b) 

1. 

(a) 

(b) 

(c) 

Carrying out activities in a way that minimizes the risk of pollution; 

Preventing,  abating,  combating  and  controlling  pollution,  especially  in  cases  of 
emergency. 

Article 23 

INTERNATIONAL RULES, STANDARDS AND RECOMMENDED  

PRACTICES AND PROCEDURES 

The  Parties  shall  cooperate,  either  directly  or  through  the  Organization  or  other 
competent international organizations, in order to: 

Establish  appropriate  scientific  criteria  for  the  formulation  and  elaboration  of 
international  rules,  standards  and  recommended  practices  and  procedures  for 
achieving the aims of this Protocol; 

Formulate  and  elaborate  such  international  rules,  standards  and  recommended 
practices and procedures; 

Formulate  and  adopt  guidelines  in  accordance  with  international  practices  and 
procedures to ensure observance of the provisions of Annex VI. 

EN 

21 

   EN 

 
2. 

3. 

1. 

2. 

The  Parties  shall,  as  soon  as  possible,  endeavour  to  harmonize  their  laws  and 
regulations  with  the  international  rules,  standards  and  recommended  practices  and 
procedures referred to in paragraph 1 of this Article. 

The Parties shall endeavour, as far as possible, to exchange information relevant to 
their  domestic  policies,  laws  and  regulations  and  the  harmonization  referred  to  in 
paragraph 2 of this Article. 

Article 24 

SCIENTIFIC AND TECHNICAL ASSISTANCE TO DEVELOPING COUNTRIES 

The  Parties  shall,  directly  or  with  the  assistance  of  competent  regional  or  other 
international  organizations,  cooperate  with  a  view  to  formulating  and,  as  far  as 
to  developing  countries, 
possible, 
particularly  in  the  fields  of  science,  law,  education  and  technology,  in  order  to 
prevent, abate, combat and control pollution due to activities in the Protocol Area. 

implementing  programmes  of  assistance 

Technical  assistance  shall  include,  in  particular,  the  training  of  scientific,  legal  and 
technical  personnel,  as  well  as  the  acquisition,  utilization  and  production  by  those 
countries of appropriate equipment on advantageous terms to be agreed upon among 
the Parties concerned. 

Article 25 

MUTUAL INFORMATION 

The Parties shall inform one another directly or through the Organization of measures taken, 
of results achieved and, if the case arises, of difficulties encountered in the application of this 
Protocol.  Procedures  for  the  collection  and  submission  of  such  information  shall  be 
determined at the meetings of the Parties. 

Article 26 

TRANSBOUNDARY POLLUTION 

1. 

2. 

3. 

Each  Party  shall  take  all  measures  necessary  to  ensure  that  activities  under  its 
jurisdiction  are  so  conducted  as  not  to  cause  pollution  beyond  the  limits  of  its 
jurisdiction. 

A Party within whose jurisdiction activities are being envisaged or carried out shall 
take  into  account  any  adverse  environmental  effects,  without  discrimination  as  to 
whether such effects are likely to occur within the limits of its jurisdiction or beyond 
such limits. 

If a Party becomes aware of cases in which the marine environment is in imminent 
danger  of  being  damaged,  or  has  been  damaged,  by  pollution,  it  shall  immediately 

EN 

22 

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notify other Parties which in its opinion are likely to be affected by such damage, as 
well  as  the  Regional  Marine  Pollution  Emergency  Response  Centre  for  the 
Mediterranean Sea (REMPEC), and provide them with timely information that would 
enable  them,  where  necessary,  to  take  appropriate  measures.  REMPEC  shall 
distribute the information immediately to all relevant Parties. 

The  Parties  shall  endeavour,  in  accordance  with  their  legal  systems  and,  where 
appropriate, on the basis of an agreement, to grant equal access to and treatment in 
administrative  proceedings  to  persons  in  other  States  who  may  be  affected  by 
pollution or other adverse effects resulting from proposed or existing operations. 

Where pollution originates in the territory of a State which is not a Contracting Party 
to this Protocol, any Contracting Party affected shall endeavour to cooperate with the 
said State so as to make possible the application of the Protocol. 

Article 27 

LIABILITY AND COMPENSATION 

The Parties undertake to cooperate as soon as possible in formulating and adopting 
appropriate rules and procedures for the determination of liability and compensation 
for  damage  resulting  from  the  activities  dealt  with  in  this  Protocol,  in  conformity 
with Article 16 of the Convention. 

Pending development of such procedures, each Party: 

Shall  take  all  measures  necessary  to  ensure  that  liability  for  damage  caused  by 
activities  is  imposed  on  operators,  and  they  shall  be  required  to  pay  prompt  and 
adequate compensation; 

Shall  take  all  measures  necessary  to  ensure  that  operators  shall  have  and  maintain 
insurance cover or other financial security of such type and under such terms as the 
Contracting Party shall specify in order to ensure compensation for damages caused 
by the activities covered by this Protocol.  

4. 

5. 

1. 

2. 

(a) 

(b) 

SECTION VI - FINAL PROVISIONS 

Article 28 

APPOINTMENT OF COMPETENT AUTHORITIES 

Each Contracting Party shall appoint one or more competent authorities to: 

(a) 

(b) 

EN 

Grant,  renew  and  register  the  authorizations  provided  for  in  Section  II  of  this 
Protocol; 

Issue  and  register  the  special  and  general  permits  referred  to  in  Article  9  of  this 
Protocol; 

23 

   EN 

 
(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Issue the permits referred to in Annex V to this Protocol; 

Approve  the  treatment  system  and  certify  the  sewage  treatment  plant  referred  to  in 
Article 11, paragraph 1, of this Protocol; 

Give  the  prior  approval  for  exceptional  discharges  referred  to  in  Article  14, 
paragraph 1 (b), of this Protocol; 

Carry out the duties regarding safety measures referred to in Article 15, paragraphs 3 
and 4, of this Protocol; 

Perform  the  functions  relating  to  contingency  planning  described  in  Article  16  and 
Annex VII to this Protocol; 

Establish monitoring procedures as provided in Article 19 of this Protocol; 

Supervise the removal operations of the installations as provided in Article 20 of this 
Protocol. 

Article 29 

TRANSITIONAL MEASURES 

Each Party shall elaborate procedures and regulations regarding activities, whether authorized 
or not, initiated before the entry into force of this Protocol, to ensure their conformity, as far 
as practicable, with the provisions of this Protocol. 

Article 30 

MEETINGS 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

Ordinary  meetings  of  the  Parties  shall  take  place  in  conjunction  with  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  accordance 
with Article 18 of the Convention. 

The functions of the meetings of the Parties to this Protocol shall be, inter alia: 

To  keep  under  review  the  implementation  of  this  Protocol  and  to  consider  the 
efficacy  of  the  measures  adopted  and  the  advisability  of  any  other  measures,  in 
particular in the form of annexes and appendices; 

To revise and amend any annex or appendix to this Protocol; 

To  consider  the  information  concerning  authorizations  granted  or  renewed  in 
accordance with Section II of this Protocol; 

To  consider  the  information  concerning  the  permits  issued  and  approvals  given  in 
accordance with Section III of this Protocol; 

EN 

24 

   EN 

 
(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

To  adopt  the  guidelines  referred  to  in  Article  9,  paragraph  2,  and  Article  23, 
paragraph 1 (c), of this Protocol; 

To  consider  the  records  of  the  contingency  plans  and  means  of  intervention  in 
emergencies adopted in accordance with Article 16 of this Protocol; 

To  establish  criteria  and  formulate  international  rules,  standards  and  recommended 
practices and procedures in accordance with Article 23, paragraph 1, of this Protocol, 
in whatever form the Parties may agree; 

To facilitate the implementation of the policies and the achievement of the objectives 
referred  to  in  Section  V,  in  particular  the  harmonization  of  national  and  European 
Community legislation in accordance with Article 23, paragraph 2, of this Protocol; 

To review progress made in the implementation of Article 27 of this Protocol; 

To discharge such other functions as may  be appropriate for the application  of this 
Protocol. 

EN 

25 

   EN 

 
 
 
Article 31 

RELATIONS WITH THE CONVENTION 

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

Article 32 

FINAL CLAUSE 

This  Protocol  shall  be  open  for  signature  at  Madrid  from  14  October  1994  to  14 
October  1995,  by  any  State  Party  to  the  Convention  invited  to  the  Conference  of 
Plenipotentiaries of the Coastal States of the Mediterranean Region on the Protocol 
for  the  Protection  of  the  Mediterranean  Sea  against  Pollution  resulting  from 
Exploration and Exploitation of the Seabed and its Subsoil, held at Madrid on 13 and 
14  October  1994.  It  shall  also  be  open  until  the  same  dates  for  signature  by  the 
European  Community  and  by  any  similar  regional  economic  grouping  of  which  at 
least  one  member  is  a  coastal  State  of  the  Protocol  Area  and  which  exercises 
competence  in  fields  covered  by  this  Protocol  in  conformity  with  Article  30  of  the 
Convention. 

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. 

As  from  15  October  1995,  this  Protocol  shall  be  open  for  accession  by  the  States 
referred to in paragraph 1 above, by the European Community and by any grouping 
referred to in that paragraph. 

This Protocol shall enter into force on the thirtieth day following the date of deposit 
of at least six instruments of ratification, acceptance or approval of, or accession to, 
the Protocol by the Parties referred to in paragraph 1 of this Article. 

1. 

2. 

1. 

2. 

3. 

4. 

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

EN 

26 

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ANNEX I 

HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS THE DISPOSAL OF 

WHICH IN THE PROTOCOL AREA IS PROHIBITED 

A. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

B. 

The  following  substances  and  materials  and  compounds  thereof  are  listed  for  the 
purposes of Article 9, paragraph 4, of the Protocol. They have been selected mainly 
on the basis of their toxicity, persistence and bioaccumulation: 

Mercury and mercury compounds 

Cadmium and cadmium compounds 

Organotin  compounds  and  substances  which  may  form  such  compounds  in  the 
marine environment 3 

Organophosphorus compounds and substances which may form such compounds in 
the marine environment1 

Organohalogen compounds and substances which may form such compounds in the 
marine environment1 

Crude oil, fuel oil, oily sludge, used lubricating oils and refined products 

Persistent  synthetic  materials  which  may  float,  sink  or  remain  in  suspension  and 
which may interfere with any legitimate use of the sea 

Substances  having  proven  carcinogenic,  teratogenic  or  mutagenic  properties  in  or 
through the marine environment 

Radioactive  substances,  including  their  wastes,  if  their  discharges  do  not  comply 
with the principles of radiation protection as defined by the competent international 
organizations, taking into account the protection of the marine environment 

The present Annex does not apply to discharges which contain substances listed in 
section A that are below the limits defined jointly by the Parties and, in relation to 
oil, below the limits defined in Article 10 of this Protocol. 

3 

With  the  exception  of  those  which  are  biologically  harmless  or  which  are  rapidly  converted  into 
biologically harmless substances. 

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ANNEX II 

HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS THE DISPOSAL OF 
WHICH IN THE PROTOCOL AREA IS SUBJECT TO A SPECIAL PERMIT 

A. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

The  following  substances  and  materials  and  compounds  thereof  have  been  selected 
for the purpose of Article 9, paragraph 5, of the Protocol. 

Arsenic 

Lead 

Copper 

Zinc 

Beryllium 

Nickel 

Vanadium 

Chromium 

Biocides and their derivatives not covered in Annex I 

Selenium 

Antimony 

Molybdenum 

Titanium 

Tin 

Barium (other than barium sulphate) 

Boron 

Uranium 

Cobalt 

Thallium 

Tellurium 

Silver 

Cyanides 

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B. 

The control and strict limitation of the discharge of substances referred to in section 
A must be implemented in accordance with Annex III. 

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ANNEX III 

FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS 

For  the  purpose  of  the  issue  of  a  permit  required  under  Article  9,  paragraph  7,  particular 
account will be taken, as the case may be, of the following factors: 

A. 

Characteristics and composition of the waste 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

B. 

1. 

2. 

3. 

4. 

5. 

6. 

C. 

1. 

2. 

3. 

Type and size of waste source (e.g. industrial process); 

Type of waste (origin, average composition); 

Form of waste (solid, liquid, sludge, slurry, gaseous); 

Total amount (volume discharged, e.g. per year); 

Discharge pattern (continuous, intermittent, seasonally variable, etc.); 

Concentrations  with  respect  to  major  constituents,  substances  listed  in  Annex  I, 
substances listed in Annex II, and other substances as appropriate; 

Physical, chemical and biochemical properties of the waste. 

Characteristics of waste constituents with respect to their harmfulness 

Persistence (physical, chemical, biological) in the marine environment; 

Toxicity and other harmful effects; 

Accumulation in biological materials or sediments; 

Biochemical transformation producing harmful compounds; 

Adverse effects on the oxygen content and balance; 

Susceptibility to physical,  chemical and biochemical changes  and  interaction in  the 
aquatic  environment  with  other  sea-water  constituents  which  may  produce  harmful 
biological or other effects on any of the uses listed in Section E below. 

Characteristics of discharge site and receiving marine environment 

Hydrographic,  meteorological,  geological  and  topographical  characteristics  of  the 
area; 

Location and type of the discharge (outfall, canal, outlet, etc.) and its relation to other 
areas (such as amenity areas, spawning, nursery and fishing areas, shellfish grounds) 
and other discharges; 

Initial  dilution  achieved  at  the  point  of  discharge  into  the  receiving  marine 
environment; 

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4. 

5. 

6. 

Dispersion  characteristics  such  as  effects  of  currents,  tides  and  wind  on  horizontal 
transport and vertical mixing; 

Receiving  water  characteristics  with  respect  to  physical,  chemical,  biological  and 
ecological conditions in the discharge area; 

Capacity  of  the  receiving  marine  environment  to  receive  waste  discharges  without 
undesirable effects. 

D. 

Availability of waste technologies 

The  methods  of  waste  reduction  and  discharge  for  industrial  effluents  as  well  as  domestic 
sewage should be selected taking into account the availability and feasibility of: 

(a) 

(b) 

(c) 

(d) 

E. 

1. 

(a) 

(b) 

(c) 

2. 

Alternative treatment processes; 

Reuse or elimination methods; 

On-land disposal alternatives; 

Appropriate low-waste technologies. 

Potential impairment of marine ecosystem and sea-water uses 

Effects on human life through pollution impact on: 

Edible marine organisms; 

Bathing waters; 

Aesthetics. 

Effects on marine ecosystems, in particular living resources, endangered species and 
critical habitats. 

3. 

Effects on other legitimate uses of the sea in conformity with international law. 

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ANNEX IV 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

2. 

ENVIRONMENTAL IMPACT ASSESSMENT 

Each  Party  shall  require  that  the  environmental  impact  assessment  contains  at  least 
the following: 

A description of the geographical boundaries of the area within which the activities 
are to be carried out, including safety zones where applicable; 

A description of the initial state of the environment of the area; 

An indication of the nature, aims, scope and duration of the proposed activities; 

A  description  of  the  methods,  installations  and  other  means  to  be  used,  possible 
alternatives to such methods and means; 

A description of the foreseeable direct or indirect short and long-term effects of the 
proposed  activities  on  the  environment,  including  fauna,  flora  and  the  ecological 
balance; 

A statement setting out the measures proposed for reducing to the minimum the risk 
of  damage  to  the  environment  as  a  result  of  carrying  out  the  proposed  activities, 
including possible alternatives to such measures; 

An indication of the measures to be taken for the protection of the environment from 
pollution and other adverse effects during and after the proposed activities; 

A reference to the methodology used for the environmental impact assessment; 

An indication of whether the environment of any other State is likely to be affected 
by the proposed activities. 

Each  Party  shall  promulgate  standards  taking  into  account  the  international  rules, 
standards  and  recommended  practices  and  procedures,  adopted  in  accordance  with 
Article  23  of  the  Protocol,  by  which  environmental  impact  assessments  are  to  be 
evaluated. 

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ANNEX V 

OIL AND OILY MIXTURES AND DRILLING FLUIDS AND CUTTINGS 

The following provisions shall be prescribed by the Parties in accordance with Article 10: 

A. 

1. 

2. 

3. 

4. 

B. 

1. 

(a) 

(b) 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

Oil and Oily Mixtures 

Spills  of  high  oil  content  in  processing  drainage  and  platform  drainage  shall  be 
contained, diverted and then treated as part of the product, but the remainder shall be 
treated  to  an  acceptable  level  before  discharge,  in  accordance  with  good  oilfield 
practice; 

Oily waste and sludges from separation processes shall be transported to shore; 

All  the  necessary  precautions  shall  be  taken  to  minimize  losses  of  oil  into  the  sea 
from oil collected or flared from well testing; 

All the necessary precautions shall be taken to ensure that any gas resulting from oil 
activities should be flared or used in an appropriate manner. 

Drilling Fluids and Drill Cuttings 

Water-based  drilling  fluids  and  drill  cuttings  shall  be  subject  to  the  following 
requirements: 

The use and disposal of such drilling fluids shall be subject to the Chemical Use Plan 
and the provisions of Article 9 of this Protocol; 

The  disposal of the drill cuttings shall either be made on land or into the sea in an 
appropriate site or area as specified by the competent authority. 

Oil-based drilling fluids and drill cuttings are subject to the following requirements: 

Such fluids shall only be used if they are of a sufficiently low toxicity and only after 
the operator has been issued a permit by the competent authority when it has verified 
such low toxicity; 

The disposal into the sea of such drilling fluids is prohibited; 

The  disposal  of  the  drill  cuttings  into  the  sea  is  only  permitted  on  condition  that 
efficient  solids  control  equipment  is  installed  and  properly  operated,  that  the 
discharge point is well below the surface of the water, and that the oil content is less 
than 100 grams of oil per kilogram dry cuttings; 

The disposal of such drill cuttings in specially protected areas is prohibited; 

In case of production and development drilling, a programme of seabed sampling and 
analysis relating to the zone of contamination must be undertaken. 

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3. 

Diesel-based drilling fluids: 

The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally be added to 
drilling fluids in such circumstances as the Parties may specify. 

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ANNEX VI 

SAFETY MEASURES 

The following provisions shall be prescribed by the Parties in accordance with Article 15: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

That the installation must be safe and fit for the purpose for which it is to be used, in 
particular, that it must be designed and constructed so as to withstand, together with 
its  maximum  load,  any  natural  condition,  including,  more  specifically,  maximum 
wind  and  wave  conditions  as  established  by  historical  weather  patterns,  earthquake 
possibilities, seabed conditions and stability, and water depth; 

That  all  phases  of  the  activities,  including  storage  and  transport  of  recovered 
resources, must be properly prepared, that the whole activity must be open to control 
for  safety  reasons  and  must  be  conducted  in  the  safest  possible  way,  and  that  the 
operator must apply a monitoring system for all activities; 

That the most advanced safety systems must be used and periodically tested in order 
to  minimize  the  dangers  of  leakages,  spillages,  accidental  discharges,  fire, 
explosions, blow-outs or any other threat to human safety or the environment, that a 
trained specialized crew to operate and maintain these systems must be present and 
that  this  crew  must  undertake  periodic  exercises.  In  the  case  of  authorized  not 
permanently  manned  installations,  the  permanent  availability  of  a  specialized  crew 
shall be ensured; 

That  the  installation  and,  where  necessary,  the  established  safety  zone,  must  be 
marked  in  accordance  with  international  recommendations  so  as  to  give  adequate 
warning of its presence and sufficient details for its identification; 

That  in  accordance  with  international  maritime  practice,  the  installations  must  be 
indicated on charts and notified to those concerned; 

That,  in  order  to  secure  observance  of  the  foregoing  provisions,  the  person  and/or 
persons  having  the  responsibility  for  the  installation  and/or  the  activities,  including 
the  person  responsible  for  the  blow-out  preventer,  must  have  the  qualifications 
required  by  the  competent  authority,  and  that  sufficient  qualified  staff  must  be 
permanently available. Such qualifications shall include, in particular, training, on a 
continuing basis, in safety and environmental matters. 

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ANNEX VII 

CONTINGENCY PLAN 

The operator's contingency plan 

Operators are obliged to ensure: 

That the most appropriate alarm system and communication system are available at 
the installation and they are in good working order; 

That the alarm is immediately raised on the occurrence of an emergency and that any 
emergency is immediately communicated to the competent authority; 

That,  in  coordination  with  the  competent  authority,  transmission  of  the  alarm  and 
appropriate  assistance  and  coordination  of  assistance  can  be  organized  and 
supervised without delay; 

That immediate information about the nature and extent of the emergency is given to 
the crew on the installation and to the competent authority; 

That the competent authority is constantly informed about the progress of combating 
the emergency; 

That at all times sufficient and most appropriate materials and equipment, including 
stand-by boats and aircraft, are available to put into effect the emergency plan; 

That the most appropriate methods and techniques are known to the specialized crew 
referred  to  in  Annex  VI,  paragraph  (c),  in  order  to  combat  leakages,  spillages, 
accidental discharges, fire, explosions, blow-outs and any other threat to human life 
or the environment; 

That the most appropriate methods and techniques are known to the specialized crew 
the 
responsible  for  reducing  and  preventing 
environment; 

long-term  adverse  effects  on 

That  the  crew  is  thoroughly  familiar  with  the  operator's  contingency  plan,  that 
periodic  emergency  exercises  are  held  so  that  the  crew  has  a  thorough  working 
knowledge of the equipment and procedures and that each individual knows exactly 
his role within the plan. 

The operator shall cooperate, on an institutional basis, with other operators or entities 
capable  of  rendering  necessary  assistance,  so  as  to  ensure  that,  in  cases  where  the 
magnitude or nature of an emergency creates a risk for which assistance is or might 
be required, such assistance can be rendered. 

A. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

2. 

B. 

National coordination and direction 

The competent authority for emergencies of a Contracting Party shall ensure: 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

The  coordination  of  the  national  contingency  plan  and/or  procedures  and  the 
operator's contingency plan and control of the conduct of actions, especially in case 
of significant adverse effects of the emergency; 

Direction  to  the  operator  to  take  any  action  it  may  specify  in  the  course  of 
preventing, abating or combating pollution or in the preparation of further action for 
that  purpose,  including  placing  an  order  for  a  relief  drilling  rig,  or  to  prevent  the 
operator from taking any specified action; 

The  coordination  of  actions  in  the  course  of  preventing,  abating  or  combating 
pollution  or  in  preparation  for  further  action  for  that  purpose  within  the  national 
jurisdiction with such actions undertaken within the jurisdiction of other States or by 
international organizations; 

Collection and ready availability of all necessary information concerning the existing 
activities; 

The  provision  of  an  up-to-date  list  of  the  persons  and  entities  to  be  alerted  and 
informed about an emergency, its development and the measures taken; 

The  collection  of  all  necessary  information  concerning  the  extent  and  means  of 
combating  contingencies,  and  the  dissemination  of  this  information  to  interested 
Parties; 

The  coordination  and  supervision  of  the  assistance  referred  to  in  Part  A  above,  in 
cooperation with the operator; 

The  organization  and  if  necessary,  the  coordination  of  specified  actions,  including 
intervention by technical experts and trained personnel with the necessary equipment 
and materials; 

Immediate communication to the competent authorities of other Parties which might 
be  affected  by  a  contingency  to  enable  them  to  take  appropriate  measures  where 
necessary; 

The provision of technical assistance to other Parties, if necessary; 

Immediate communication to the competent international organizations with a view 
to avoiding danger to shipping and other interests. 

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APPENDIX 

List of Oils 4 

Asphalt solutions 

Blending Stocks 

Roofers Flux 

Straight Run Residue 

Oils 

Clarified 

Crude Oil 

Mixtures containing crude oil 

Diesel Oil 

Fuel Oil No. 4 

Fuel Oil No. 5 

Fuel Oil No. 6 

Residual Fuel Oil 

Road Oil 

Transformer Oil 

Aromatic Oil (excluding vegetable oil) 

Lubricating Oils and Blending Stocks 

Mineral Oil 

Motor Oil 

Penetrating Oil 

Spindle Oil 

Turbine Oil 

Distillates 

4 

The list of oils should not necessarily be considered as exhaustive. 

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Straight Run 

Flashed Feed Stocks 

Gas Oil 

Cracked 

Jet Fuels 

JP-1 (Kerosene) 

JP-3 

JP-4 

JP-5 (Kerosene, Heavy) 

Turbo Fuel 

Kerosene 

Mineral Spirit 

Naphtha 

Solvent 

Petroleum 

Heartcut Distillate Oil 

Gasoline Blending Stocks 

Alkylates - fuel 

Reformates 

Polymer - fuel 

Gasolines 

Casinghead (natural) 

Automotive 

Aviation 

Straight Run 

Fuel Oil No. 1 (Kerosene) 

Fuel Oil No. 1-D 

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Fuel Oil No. 2 

Fuel Oil No. 2-D 

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