CELEX: 52011PC0690
Language: en
Date: 2011-10-27
Title: 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

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		52011PC0690
		
			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 /* COM/2011/0690 final - 2011/0304 (NLE) */
			
				
		
		
			
			   	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
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 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 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.
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)              
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.
(2)              
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.
(3)              
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. 
(4)              
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 the medium term
other mineral resources contained in the deep sea, seabed and subsoil will be
the subject of exploration and exploitation activities.
(5)              
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.
(6)              
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.
(7)              
The Commission Communication on offshore safety[1]
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. 
(8)              
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.
(9)              
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. 
(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.
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 Union[2].

Done at Brussels
                                                                       For
the Council
                                                                       The
President
                                                                       
ANNEX 
The Contracting Parties to the
present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean Sea
against Pollution, adopted at Barcelona on 16 February 1976, 
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)                   
"Convention" means the Convention for
the Protection of the Mediterranean Sea against Pollution, adopted at Barcelona
on 16 February 1976;
(b)                   
"Organization" means the body referred
to in Article 17 of the Convention;
(c)                   
"Resources" means all mineral
resources, whether solid, liquid or gaseous;
(d)                   
"Activities concerning exploration and/or
exploitation of the resources in the Protocol Area" (hereinafter referred
to as "activities") means:
(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;
(e)                   
"Pollution" is defined as in Article
2, paragraph (a), of the Convention; 
(f)                     
"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;
(i)                     
"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;
(j)                     
"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;
(k)                   
"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)                   
"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;
(p)                   
"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.
Article 2
GEOGRAPHICAL COVERAGE
1.                      
The area to which this Protocol applies
(referred to in this Protocol as the "Protocol Area") shall be:
(a)                   
The Mediterranean Sea Area as defined in Article
1 of the Convention, including the continental shelf and the seabed and its
subsoil;
(b)                   
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.
2.                      
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.
3.                      
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
1.                      
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.
2.                      
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
1.                      
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.
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.
3.                      
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
1.                      
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)                   
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;
(b)                   
The precise definition of the geographical areas
where the activity is envisaged, including safety zones;
(c)                   
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;
(d)                   
The safety measures as specified in Article 15;
(e)                   
The operator's contingency plan as specified in
Article 16;
(f)                     
The monitoring procedures as specified in
Article 19;
(g)                   
The plans for removal of installations as
specified in Article 20;
(h)                   
Precautions for specially protected areas as
specified in Article 21;
(i)                     
The insurance or other financial security to
cover liability as prescribed in Article 27, paragraph 2 (b).
2.                      
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.
Article 6
GRANTING OF AUTHORIZATIONS
1.                      
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.
2.                      
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.
3.                      
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.
4.                      
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.
Article 9
HARMFUL OR NOXIOUS SUBSTANCES AND
MATERIALS
1.                      
The use and storage of chemicals for the
activities shall be approved by the competent authority, on the basis of the
Chemical Use Plan.
2.                      
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.
3.                      
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.
4.                      
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.
5.                      
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.
6.                      
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.
7.                      
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
1.                      
The Parties shall formulate and adopt common
standards for the disposal of oil and oily mixtures from installations into the
Protocol Area:
(a)                   
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.
2.                      
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.
3.                      
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
1.                      
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:
(a)                   
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
(b)                   
The sewage is not treated, but the discharge is
carried out in accordance with international rules and standards; or
(c)                   
The sewage has passed through an approved sewage
treatment plant certified by the competent authority.
2.                      
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.
3.                      
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.
4.                      
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
1.                      
The Contracting Party shall prohibit the
disposal into the Protocol Area of the following products and materials:
(a)                   
All plastics, including but not limited to
synthetic ropes, synthetic fishing nets and plastic garbage bags;
(b)                   
All other non-biodegradable garbage, including
paper products, rags, glass, metal, bottles, crockery, dunnage, lining and
packing materials.
2.                      
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.
3.                      
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)                   
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;
(b)                   
Instructions are given to all personnel concerning
proper means of disposal;
(c)                   
Sanctions are imposed in respect of illegal
disposals.
Article 14
EXCEPTIONS
1.                      
The provisions of this Section shall not apply
in case of:
(a)                   
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)                   
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.
2.                      
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.
3.                      
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
1.                      
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.
2.                      
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 environmentally effective and
economically appropriate techniques and the provisions of the operator's
contingency plan referred to in Article 16. 
3.                      
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.
4.                      
The Parties shall ensure through inspection that
the activities are conducted by the operators in accordance with this Article.
Article 16
CONTINGENCY PLANNING
1.                      
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.
2.                      
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.
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.                      
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.
2.                      
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.
Article 20
REMOVAL OF INSTALLATIONS
1.                      
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.
2.                      
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.
3.                      
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.
4.                      
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.
5.                      
The competent authority may regulate the cession
or transfer of authorized activities to other persons.
6.                      
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.
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)                   
Carrying out activities in a way that minimizes
the risk of pollution;
(b)                   
Preventing, abating, combating and controlling
pollution, especially in cases of emergency.
Article 23
INTERNATIONAL RULES, STANDARDS AND
RECOMMENDED 
PRACTICES AND PROCEDURES
1.                      
The Parties shall cooperate, either directly or
through the Organization or other competent international organizations, in
order to:
(a)                   
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;
(b)                   
Formulate and elaborate such international
rules, standards and recommended practices and procedures;
(c)                   
Formulate and adopt guidelines in accordance
with international practices and procedures to ensure observance of the
provisions of Annex VI.
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.
3.                      
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
1.                      
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 possible, implementing
programmes of assistance to developing countries, 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.
2.                      
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.                      
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.
2.                      
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.
3.                      
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 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.
4.                      
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.
5.                      
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
1.                      
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.
2.                      
Pending development of such procedures, each
Party:
(a)                   
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;
(b)                   
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. 
SECTION
VI - FINAL PROVISIONS
Article 28
APPOINTMENT OF COMPETENT AUTHORITIES
Each Contracting Party shall appoint one or
more competent authorities to:
(a)                   
Grant, renew and register the authorizations
provided for in Section II of this Protocol;
(b)                   
Issue and register the special and general
permits referred to in Article 9 of this Protocol;
(c)                   
Issue the permits referred to in Annex V to this
Protocol;
(d)                   
Approve the treatment system and certify the
sewage treatment plant referred to in Article 11, paragraph 1, of this
Protocol;
(e)                   
Give the prior approval for exceptional
discharges referred to in Article 14, paragraph 1 (b), of this Protocol;
(f)                     
Carry out the duties regarding safety measures
referred to in Article 15, paragraphs 3 and 4, of this Protocol;
(g)                   
Perform the functions relating to contingency
planning described in Article 16 and Annex VII to this Protocol;
(h)                   
Establish monitoring procedures as provided in
Article 19 of this Protocol;
(i)                     
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.                      
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.
2.                      
The functions of the meetings of the Parties to
this Protocol shall be, inter alia:
(a)                   
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;
(b)                   
To revise and amend any annex or appendix to
this Protocol;
(c)                   
To consider the information concerning
authorizations granted or renewed in accordance with Section II of this
Protocol;
(d)                   
To consider the information concerning the
permits issued and approvals given in accordance with Section III of this
Protocol;
(e)                   
To adopt the guidelines referred to in Article
9, paragraph 2, and Article 23, paragraph 1 (c), of this Protocol;
(f)                     
To consider the records of the contingency plans
and means of intervention in emergencies adopted in accordance with Article 16
of this Protocol;
(g)                   
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;
(h)                   
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;
(i)                     
To review progress made in the implementation of
Article 27 of this Protocol;
(j)                     
To discharge such other functions as may be
appropriate for the application of this Protocol.
                                                                       
Article 31
RELATIONS 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 32
FINAL CLAUSE
1.                      
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.
2.                      
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.
3.                      
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.
4.                      
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.
IN WITNESS WHEREOF the undersigned, being
duly authorized, have signed this Protocol.
ANNEX I
HARMFUL
OR NOXIOUS SUBSTANCES AND MATERIALS THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
IS PROHIBITED
A.           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:
1.                      
Mercury and mercury compounds
2.                      
Cadmium and cadmium compounds
3.                      
Organotin compounds and substances which may
form such compounds in the marine environment [3]
4.                      
Organophosphorus compounds and substances which
may form such compounds in the marine environment1
5.                      
Organohalogen compounds and substances which may
form such compounds in the marine environment1
6.                      
Crude oil, fuel oil, oily sludge, used
lubricating oils and refined products
7.                      
Persistent synthetic materials which may float,
sink or remain in suspension and which may interfere with any legitimate use of
the sea
8.                      
Substances having proven carcinogenic,
teratogenic or mutagenic properties in or through the marine environment
9.                      
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
B.           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.
ANNEX II
HARMFUL
OR NOXIOUS SUBSTANCES AND MATERIALS THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
IS SUBJECT TO A SPECIAL PERMIT
A.           The following substances
and materials and compounds thereof have been selected for the purpose of
Article 9, paragraph 5, of the Protocol.
1.                      
Arsenic
2.                      
Lead
3.                      
Copper
4.                      
Zinc
5.                      
Beryllium
6.                      
Nickel
7.                      
Vanadium
8.                      
Chromium
9.                      
Biocides and their derivatives not covered in
Annex I
10.                  
Selenium
11.                  
Antimony
12.                  
Molybdenum
13.                  
Titanium
14.                  
Tin
15.                  
Barium (other than barium sulphate)
16.                  
Boron
17.                  
Uranium
18.                  
Cobalt
19.                  
Thallium
20.                  
Tellurium
21.                  
Silver
22.                  
Cyanides
B.           The control and strict
limitation of the discharge of substances referred to in section A must be
implemented in accordance with Annex III.
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.                      
Type and size of waste source (e.g. industrial
process);
2.                      
Type of waste (origin, average composition);
3.                      
Form of waste (solid, liquid, sludge, slurry,
gaseous);
4.                      
Total amount (volume discharged, e.g. per year);
5.                      
Discharge pattern (continuous, intermittent,
seasonally variable, etc.);
6.                      
Concentrations with respect to major
constituents, substances listed in Annex I, substances listed in Annex II, and
other substances as appropriate;
7.                      
Physical, chemical and biochemical properties of
the waste.
B.           Characteristics of waste
constituents with respect to their harmfulness
1.                      
Persistence (physical, chemical, biological) in
the marine environment;
2.                      
Toxicity and other harmful effects;
3.                      
Accumulation in biological materials or
sediments;
4.                      
Biochemical transformation producing harmful
compounds;
5.                      
Adverse effects on the oxygen content and
balance;
6.                      
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.
C.           Characteristics of
discharge site and receiving marine environment
1.                      
Hydrographic, meteorological, geological and
topographical characteristics of the area;
2.                      
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;
3.                      
Initial dilution achieved at the point of
discharge into the receiving marine environment;
4.                      
Dispersion characteristics such as effects of
currents, tides and wind on horizontal transport and vertical mixing;
5.                      
Receiving water characteristics with respect to
physical, chemical, biological and ecological conditions in the discharge area;
6.                      
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)                   
Alternative treatment processes;
(b)                   
Reuse or elimination methods;
(c)                   
On-land disposal alternatives;
(d)                   
Appropriate low-waste technologies.
E.           Potential impairment of
marine ecosystem and sea-water uses
1.                      
Effects on human life through pollution impact
on:
(a)                   
Edible marine organisms;
(b)                   
Bathing waters;
(c)                   
Aesthetics.
2.                      
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.
ANNEX IV
ENVIRONMENTAL
IMPACT ASSESSMENT
1.                      
Each Party shall require that the environmental
impact assessment contains at least the following:
(a)                   
A description of the geographical boundaries of
the area within which the activities are to be carried out, including safety
zones where applicable;
(b)                   
A description of the initial state of the
environment of the area;
(c)                   
An indication of the nature, aims, scope and
duration of the proposed activities;
(d)                   
A description of the methods, installations and
other means to be used, possible alternatives to such methods and means;
(e)                   
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;
(f)                     
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;
(g)                   
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;
(h)                   
A reference to the methodology used for the
environmental impact assessment;
(i)                     
An indication of whether the environment of any
other State is likely to be affected by the proposed activities.
2.                      
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.
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.        Oil and Oily Mixtures
1.                      
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;
2.                      
Oily waste and sludges from separation processes
shall be transported to shore;
3.                      
All the necessary precautions shall be taken to
minimize losses of oil into the sea from oil collected or flared from well
testing;
4.                      
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.
B.         Drilling Fluids and Drill
Cuttings
1.                      
Water-based drilling fluids and drill cuttings
shall be subject to the following requirements:
(a)                   
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;
(b)                   
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.
2.                      
Oil-based drilling fluids and drill cuttings are
subject to the following requirements:
(a)                   
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;
(b)                   
The disposal into the sea of such drilling
fluids is prohibited;
(c)                   
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;
(d)                   
The disposal of such drill cuttings in specially
protected areas is prohibited;
(e)                   
In case of production and development drilling,
a programme of seabed sampling and analysis relating to the zone of
contamination must be undertaken.
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.
ANNEX
VI
SAFETY
MEASURES
The following provisions shall be
prescribed by the Parties in accordance with Article 15:
(a)                   
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;
(b)                   
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;
(c)                   
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;
(d)                   
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;
(e)                   
That in accordance with international maritime
practice, the installations must be indicated on charts and notified to those
concerned;
(f)                     
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.
ANNEX
VII
CONTINGENCY
PLAN
A.        The operator's contingency
plan
1.                      
Operators are obliged to ensure:
(a)                   
That the most appropriate alarm system and
communica­tion system are available at the installation and they are in good
working order;
(b)                   
That the alarm is immediately raised on the
occurrence of an emergency and that any emergency is immediately communicated
to the competent authority;
(c)                   
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;
(d)                   
That immediate information about the nature and
extent of the emergency is given to the crew on the installation and to the
competent authority;
(e)                   
That the competent authority is constantly
informed about the progress of combating the emergency;
(f)                     
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;
(g)                   
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;
(h)                   
That the most appropriate methods and techniques
are known to the specialized crew responsible for reducing and preventing
long-term adverse effects on the environment;
(i)                     
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.
2.                      
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.
B.         National coordination and
direction
The competent authority for emergencies of
a Contracting Party shall ensure:
(a)                   
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;
(b)                   
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;
(c)                   
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;
(d)                   
Collection and ready availability of all
necessary information concerning the existing activities;
(e)                   
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;
(f)                     
The collection of all necessary information
concerning the extent and means of combating contingencies, and the
dissemination of this information to interested Parties;
(g)                   
The coordination and supervision of the
assistance referred to in Part A above, in cooperation with the operator;
(h)                   
The organization and if necessary, the
coordination of specified actions, including intervention by technical experts
and trained personnel with the necessary equipment and materials;
(i)                     
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;
(j)                     
The provision of technical assistance to other
Parties, if necessary;
(k)                   
Immediate communication to the competent
international organizations with a view to avoiding danger to shipping and
other interests.
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
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
Fuel Oil No. 2
Fuel Oil No. 2‑D
[1]               COM(2010)560 final, 12.10.2010.
[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.
[3]               With the exception of those which are biologically
harmless or which are rapidly converted into biologically harmless substances.
[4]               The list of oils should not necessarily be considered
as exhaustive.