CELEX: 51992PC0169
Language: da
Date: 1992-05-06
Title: Forslag til RÅDETS AFGØRELSE om undertegnelse af en protokol om beskyttelse af Middelhavet mod forurening, som skyldes udforskning og udnyttelse af kontinentalsoklen, havbunden og undergrunden (Barcelona-konventionen)

KOMMISSIONEN FOR DE EUROPÆISKE FÆLLESSKABER
                                            K0M(92) 169 endelig udg.
                                            Bruxelles, den 6 • maj 1992
                                  Forslag t i I
                               RÅDETS AFGØRELSE
              om undertegnelse af en protokol om beskyttelse af
      Middelhavet mod forurening, som skyldes udforskning og udnyttelse
               af kontinentalsoklen, havbunden og undergrunden
                           (Barcelona-konvent ionen)
                          (forelagt af Kommissionen)
 ---pagebreak---  ---pagebreak---                                    - 2 -
Forslag til Rådets afgørelse om undertegnelse af en protokol om beskyttelse
af Middelhavet mod forurening, som skyldes udforskning og udnyttelse af
kontinentalsoklen, havbunden og undergrunden (Barcelona-konventionen)
                                BEGRUNDELSE
1.  Fællesskabet er kontraherende part i konventionen om beskyttelse af
    Middelhavet mod forurening^1). Fællesskabet har desuden tiltrådt de
    fire protokoller, der er blevet vedtaget i forbindelse med
    konventionen, nemlig protokollen om forebyggelse af forurening af
    Middelhavet ved dumpning fra skibe og luftfartøjer(1), protokollen om
    samarbejde om bekæmpelse af forurening af Middelhavet med olie og andre
    skadelige stoffer i tilfælde af kritiske situationer(2), protokollen
    om beskyttelse af Middelhavet mod landbaseret forurening^) 0 g
    protokollen om særlig beskyttede områder i Middelhavet^4^.
2.  På deres fjerde ordinære møde (Genua, september 1985) krævede parterne
    i Barcelona-konventionen, at der skulle udarbejdes en protokol om
    beskyttelse af Middelhavet mod forurening, som skyldes udforskning og
    udnyttelse af kontinentalsoklen, havbunden og undergrunden ("off-
    shore"-protokol) i overensstemmelse med konventionens artikel 7.
3.  Sekretariatet har udarbejdet et protokoludkast, og på det sjette
    ordinære møde (Athen, 3.-6. oktober 1989) besluttede parterne at
    indkalde til møde i arbejdsgruppen bestående af eksperter udpeget af
    parterne med henblik på at gennemgå og lægge sidste hånd på udkastet
    til "off-shore"-protokol og anbefale, at den blev taget op på en senere
    diplomatkonference, der skulle afholdes med dette formål.
    Ekspertgruppen mødtes i Athen den 7.-11. maj 1990 og den 8.-11. januar
    1991 samt i Cairo den 4.-5. oktober 1991 inden parternes syvende
    ordinære møde (Cairo, 8.-12. oktober 1991).
4.  Kommissionen har fra starten deltaget i arbejdet i den arbejdsgruppe,
    der havde til opgave at udarbejde protokoludkastet.
(1) Afgørelse 77/585/EØF, EFT L 240 af 19.9.1977
(2) Afgørelse 81/420/EØF, EFT L 162 af 19.6.1981
(3) Afgørelse 83/101/EØF, EFT L 67 af 12.3.1983.
(4) Afgørelse 84/132/EØF, EFT L 68 af 10.3.1984.
 ---pagebreak---                                   - 3 -
5. Kommissionen forelagde i Juni 1989 forelagt Rådet en henstilling til
   afgørelse om bemyndigelse af Kommissionen til at deltage i
   forhandlingerne om nævnte protokol (dok. SEC(89)928 endelig u d g . ) .
   Rådet bemyndigede den 4.2.1991 (dok. 4252/91) bemyndiget Kommissionen
   til at deltage i forhandlingerne om "off-shore"-protokollen for så vidt
   angår de forhold, der hører til Fællesskabets kompetenceområde, og i
   overensstemmelse med de afgivne forhandlingsdirektiver.
6. Det protokoludkast, der foreligger i øjeblikket, vil blive gjort til
   genstand for afsluttende forhandler på diplomaten konferencen der
   finder sted fra den .... til den .... 1992. Der vil ved denne lejlighed
   blive truffet afgørelse om tekstens kontroversielle punkter.
   Efter at den endelige version er vedtaget på denne konference, vil
   protokollen være åben for undertegnelse.
7. I den forbindelse anmodes Rådet om at bemyndige formanden ti I at udpege
   den (de) person(er), der er beføjet til at undertegne protokollen på
   Fællesskabets vegne med forbehold af senere indgåelse.
 ---pagebreak---                                  4 -
                   FORSLAG TIL RÅDETS AFGØRELSE
        om undertegnelse af en protokol om beskyttelse af
Middelhavet mod forurening, som skyldes udforskning og udnyttelse
         af kontinentalsoklen, havbunden og undergrunden
                     (Barcelona-konvent ionen)
 ---pagebreak---                                      - 5 -
RÅDET FOR DE EUROPÆISKE FÆLLESSKABER HAR -
under henvisning til Traktaten om oprettelse af Det Europæiske Økonomiske
 Fællesskab,
under henvisning til forslag fra Kommissionen, og
ud fra følgende betragtninger:
Fællesskabet er kontraherende part i konventionen om beskyttelse af
Middelhavet mod forurening (Barcelona-konventionen) og i de fire
tilknyttede protokoller;
Kommissionen har på Fællesskabets vegne deltaget i forhandlingerne i den
arbejdsgruppe, der er nedsat af parterne i Barcelona-konventionen med
henblik på at udarbejde af en protokol om forurening, som skyldes
udforskning og udnyttelse af kontinentalsoklen, havbunden og undergrunden
("off-shore"-protokol);
den nævnte protokols anvendelsesområder henhører, i det mindste delvis,
under Fællesskabets kompetence;
Kommissionen har oplyst Rådet om resultatet af forhandlingerne, for at det
kan træffe endelig afgørelse;
protokollen skal vedtages på den diplomatkonference, der afholdes i
          fra den .... til den .... 1992;
det er vigtigt, at protokollen kan undertegnes af Fællesskabet med forbe-
hold af senere indgåelse -
TRUFFET FØLGENDE AFGØRELSE:
                                ENESTE ARTIKEL
Rådets formand bemyndiges ti I at udpege den(de) person(er), der er beføjet
ti I på Fællesskabets vegne og med forbehold af senere indgåelse at under-
tegne protokollen til Barcelona-konventionen om beskyttelse af Middelhavet
mod forurening, som skyldes udforskning og udnyttelse af kontinentalsoklen
havbunden og undergrunden, i henhold til artikel 7 i Barcelona-konventio-
nen.
Udfærdiget   i Bruxelles, den
                                            På Rådets vegne
                                                 Formand
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 4
                       DRAFT PROTOCOL FOR THE PROTECTION OF THE
                MEDITERRANEAN SEA AGAINST POLLUTION RESULTING FROM
            EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND
                                  THE SEA-BED AND ITS SUBSOIL
                                              PREAMBLE
        The Contracting Partles 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 sea-bed 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 Protocois 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,
         Recognizing the differences in levels of development between the coastal States, and taking
account of the economic and social imperatives of the developing countries.
        Have agreed as follows:
  The representative of Turkey expressed a reservation.
                                                                                                        L
 ---pagebreak---                                                                                   UNEP(OCA)/MED WG.30/4
                                                                                                       page 5
SECT10N 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)       "Organizatlon" means the body referred to in artlcle 13 of the Convention;
(c)       "Resources" means all mineral resources, whether solid, liquid or gaseous;
(d)       "Activitles conceming 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 sea-bed and its subsoil;
          (ii)   Exploration activities:
                       Seismologicai activities; surveys of the sea-bed and its subsoil; sample taking;
                       Exploration drilling;
          (iii)  Exploitation activities:
                       Installation of a fixed structure for the purpose of recovering resources. and activities
                       connected therewith;
                       Development drilling;
                       Recovery. treatment and storage;
                       Transportation to shore by pipeline and loading of snips;
                       Maintenance, repair and other ancillary operations;
(e)      "Pollution" is defined as in artlcle 2 paragraph (a) of the Convention;
(0      "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 sea-bed or its subsoil;
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 6
(g)    "Operator" means:
        (i)   The person authorized by the Party exercising jurisdiction over the area where the
              activities are undertaken (hereinafter referred to as the "Competent State") in accordance
              with this Protocol to carry out activities; or
        (ii)  Any person who does not hold a valid authorization within the meaning of this Protocol
              but is de facto in overall control of the 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 which are intended
       to be abandoned or are abandoned in the Protocol Area and which might cause pollution;
(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;
(I)    "Oil" means petroleum in any form including crude oil, fuel oil, oily sludge. oO refuse and refined
       products and. without limrting the generaiity 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 victual, domestic and operationai 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.
*   The representative of Turkey expressed a reservation.
                                                                                                           T>
 ---pagebreak---                                                                                     UNEP(OCA)/MED WG.30/4
                                                                                                          page 7
 Article 2        -      GEOGRAPHICAL COVERAGE *
 1.        The area to which this Protocol applles (referred to in this Protocol as the "Protocol Area") shall
           be:
           (a)    The Mediterranean Sea Area as defined in artide 1 of the Convention;
           (b)    Waters 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.
Article 3         -      GENERAL UNDERTAK1NGS
 i.        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, interalia by ensuring that the best availabie technology, environmentally effecth/e and
           economically appropriate, is 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 national
          authority of the Competent State. Such authority, before granting the authorization, should be
           satisfied that the installation has been constructed according to international standards and
           practice and that the operator has the technlcal competence and the financial capacity to carry
          out the activities. Such authorization should be granted in accordance with the appropriate
          procedure, as defined by the competent national authority.
2.        Authorization shall be refused if there are indications that the proposed activities are likely to
          cause significant adverse effects on the envlronment that could not be avoided by compliance
          wlth the conditions laid down in the authorization and referred to in artide 6, paragraph 3, of this
          Protocol.
3.        When considering approval of the siting of an installation, the Competent State shall ensure that
          no detrimental effects will be caused by such siting to existing installations, in particular,
          pipelines and cables.
Article 5                REQUIREMENTS FOR AUTHORIZATIONS
1.        The Competent State 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 national authority and that any such application must include. in particular, the
          following:
*
    The representative of Turkey expressed a reservation.
                                                                                                                  r
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 8
          (a)   A survey concerning, the effects of the proposed activities on the environment; the
                competent national 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 geographic areas where the activity is envisaged, including
                 safety zones;
          (c)    Particulars of the professional and technical qual'ificatlons 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 artide 15;
          (e)    The operators contingency plan as specified in artide 16;
          (f)    The monitoring procedures as specified in artide 19;
          (g)    The plans for removal of installations as specified in artide 20;
          (h)    Precautions for speclally protected areas as specified in article 21;
          (i)    The Insurance or other financial security to cover liability as prescribed in artide 27,
                 paragraph 2 (b).
2.        The competent national authority may decide, for scientific research and exploration activities,
          to limit the scope of the requirements laid down in paragraph 1 of this artide, intfie light of the
          nature, scope, duration and technical methods employed in the adivities and of the
          charaderistics of the area.
Artide 6         -     GRANTING OF AUTHORIZATIONS
1.        The authorizations referred to in artide 4 shall be granted only after examination by the
          competent national authority of the Competent State 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-
fulfillment of the specific conditions attached to the authorization.
                                                                                                              /f>
 ---pagebreak---                                                                                UNEP(OCA)/MED WG.30/4
                                                                                                    page 9
SECTION III -        WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
Artide 8        -    GENERAL OBLIGATION
Without prejudlce 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 techndogy 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.
Artide 9       -     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
1.       The use and storage of chemicals for the activlties should be approved by the competent
         national authority of the Competent State, on the basis of the Chemical Use Plan.
2.       The Competent State may regulate, limit or prohibit the use of chemicals for the activlties 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. < The Parties may require a description of the
         substances and materials used to protect the Installation. >
4.       The disposal into the Protocol Area of harmful or noxious substances and materials list ed in
         annex I to this Protocol is prohibited.
5.       The disposal into the Protocol Area of harmful or noxious substances and materials listed in
         annex II to this Protocol requires, in each case, a prior speciaJ permit from the competent
         national authority of the Competent State.
6.       The disposal into the Protocol Area of alt other harmful or noxious substances and materials
         which might cause pollution requires a prior general permit from the competent national
         authority of the Competent State.
7        The permits referred to in paragraphs 5 and 6 above shall be issued only after careful
         consideratlon of all the factors set fortn in annex III to this Protocol.
Article 10     -     OIL AND OILY MIXTURES AND DRILUNG FLUIDS
1        The Partles shall formulate and adopt common standards for the disposal of oil and oily
         mixtures from installations into the Protocd 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, in particular, the following:
               (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.
                                                                                                           44
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 10
2.       The Parties shaJl 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 artide or to enforce more restrictive standards that it may have adopted.
Article 11      -     SEWAGE
1.       The Competent State shall prohibit the discharge of sewage from installations permanently
         manned by 10 or more persons into the Protocd Area except in cases where:
         (a)    The installation is discharging sewage arter treatment as approved by the competent
                national authority at a distance of at least four nautical miles from the nearest land or fixed
                fisheries installation, leaving the competent state authority to decide on a case by case
                basis; or
         (b)    The sewage Is not treated, at a distance of more than twelve nautical miles from the
                nearest land or fixed fisheriesjnstallation, leaving the competent state authority to decide
                on a case by case basis; or
         (c)    The sewage has passed through an approved sewage treatment plant certified by its
                competent national authority.
2.       The Competent State shall impose strider provisions, as appropriate, where deemed necessary
         because of, inter alia, the regime of the currents in the area or proximity to any area referred
         to in artide 21.
3.       The exceptions referred to In paragraph 1 shall not apply if the discharge produces visible
         floatlng sdkJs or produces cdouration, discdouration 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 Competent State shall prohibit the disposal into the Protocol Area of the fdlowing products
         and materials:
         (a)    All plastics, induding but not limited to synthetlc ropes, synthetic fishing nets and plastic
                garbage bags;
         (b)    All other non bio-degradable garbage, induding paper products, rags, glass, metal,
                botfJes. crockery, dunnage, lining and packing materials.
*
     The representative of Turkey expressed a reservation.
                                                                                                                Al
 ---pagebreak---                                                                                  UNEP(OCA)/MED WG.30/4
                                                                                                   page 11
2.       Disposal into the Protocd Area of food wastes shall take place as far away as possible from
         land, but in any case not less than twetve nautical miles from the nearest land. Such wastes
         cannot be disposed of unless they first have gone through a crusjier or a grinder so that they
         can go through a sieve whose openings do not exceed 25 mm.
3.       If garbage is mixed with other discharges having different disposal or discharge requirements
         the more stringent requirements shall apply.
Article 13      -     RECEPTION FACIUTIES, INSTRUCTIONS AND SANCTIONS
The Partles shall ensure that:
(a)      Operators dispose satisfactorily of all wastes and harmful or noxious substances and materiais
         in designated onshore reception facilities, except as otherwise authorized by the Protocd;
(b)      Instructlons are given to all personnel conceming proper means of disposal;
(c)      Sanctions are imposed in respect of illegal disposals.
Article 14      -     EXCEPTIONS
i.       The provisions of this Sectlon 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 ofl or harmful or noxious substances
                or materiais which, subject to the prior approvaJ of the competent national authority of the
               Competent State, 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 Sectlon 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 artide 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 detafls of the circumstances and of the
         nature and quantities of wastes or harmful or noxious substances or materiais discharged.
     The representative of Turkey expressed a reservation.
                                                                                                             4?
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 12
SECT10N IV -           SAFEGUARDS
Article 15       -     SAFETY MEASURES
1.       The Competent State within whose jurisdiction activities are envisaged or are being carried out
         shall ensure that safety measures are taken with regard to the design, construction, piacement,
         equipment, marking, operation and maintenance of installations.
2.       The Competent State shall ensure that the operator has at all times 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
         techndogy and the provisions of the operator's contingency plan referred to in artide 16.
3.       The competent national authority of the Competent State 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 produdlon 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 Competent State.
4.       The Parties shall ensure through inspection that the activities are conducted by the operators
         in accordance with this artide.
Article 16       -     CONTINGENCY PLANNING
1.       Each Party shall endeavour to promote and maintain a plan for combating pdlution or other
         adverse effects and for saving human life in the Protocd Area in cases of emergencies resulting
         from activities (hereinafter referred to as "national contingency plan"), taking into account the
         Protocd concerning Cooperation in Combating Pdlution of the Mediterranean Sea by Oil and
         Other Harmful Substances In Cases of Emergency. The national contingency plan should
         establish and co-ordinate in particular, the equipment, ships, aircraft and manpower prepared
         for operations in cases of emergencies. The Parties should promote bilateral or multilateral
         cooperation regarding their national contingency plans.
2.       Each Party shall require operators in charge of installations under its jurisdidion to have a
         contingency plan to combat accidental pdlution. co-ordinated with the national contingency plan
         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 national authorities.
3.       The Competent State shall establish national co-ordination and directlon in accordance with
         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 national authority:
(a)      any event on their installation causing or likely to cause pollution in the Protocd Area;
(b)      any observed event at sea causing or likely to cause pollution in the Protocol Area.
     The representatrve of France expressed a reservation.
                                                                                                             AU
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                                                                                                      page 13
 Article 18      -     MUTUAL ASSISTANCE IN CASES OF EMERGENCY
 In cases of emergency, a Party requiring assistance in order to prevent, abate or combat pdlution
 resulting from artMties may request help from the other Parties, either directly or through the
 Organlzation, which shall do their utmost to provide the assistance requested.
 For thls purpose, a Party who is also a Party to the Protocd conceming cooperation in combating
 pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency shall
 appiy the pertinent provisions of the said Protocd.
Article 19       -     MONITORING
 1.       The operator shall be required to measure or to entrust to a qualrfied 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 national authority of the Competent
           State for the purpose of an evaluation by such national authorjty according to a procedure
           established by the Competent State in its authorization system.
2.        The competent national authority d the Competent State should establish, where appropriate,
          a national monitoring system in order to be in a position to survey regulariy the installations and
          the impad of the activities on the environment, so as to ensure that the conditions attached to
          the grant of the authorization are being fulfilled.
Artide 20        -     REMOVAL OF INSTALLATIONS
 1         The operator shall be required by the Competent State 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 protedion of the
          marine environment and the rights and duties of other States. Prior to it, the operator under his
          responsibility shall take all necessary measures to prevent spillage or leakage from the site of
          the activities.
2.        The Competent State shall require the operator to remove abandoned or disused pipelines in
          accordance with paragraph 1 of this article or to abandon and clean them inside or to bury and
          dean them inside so that they neither cause pdlution, 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 States. The competent national 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 w'rthdrawn or suspended in compliance with article 7.
4.       The Competent State may indicate eventual modifications to be made to the levd of activities
         and to the measures for the protection of the marine environment which had initially been
         provided for.
*
    The representative of Turkey expressed a reservation.
                                                                                                               /->
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page 14
5.       The Competent State may regulate the cession or transfer of authorized activities to other
          persons.
6.       Where the operator fails to compiy with the provisions of this artide, the competent national
         authority of the Competent State shall undertake, at the operator's expense, such action or
         actions as may be necessary to remedy the operator's failure to a d .
Article 21      -     SPECIALLY PROTECTED AREAS *
ALTERNATIVE (A):
For the protedion of the areas defined in artide 3 of the Protocd conceming Mediterranean Specially
Protected Areas and any other area established by the Parties 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 contrd pollution arising
from activities in these areas.
In addition to the measures referred to in the Protocd conceming Specially Protected Areas for the
granting of authorization, such measures may ind ude, inter alia:
ALTERNATIVE (B):
In addition to the measures referred to in the Protocd conceming Mediterranean Specially Protected
Areas, the Partles to the present Protocd may take additional measures to protect these areas, induding
inter alia:
(a)      Special restrictions or conditions when granting authorizations for such areas:
          (i)   The preparation and evaluation of environmental impact assessments;
          (ii)  Special elaboration of provisions in such areas conceming the monitoring, removal of
                installations and prohibition of any discharge.
(b)       Intensified exchange of information among operators, the competent national authorities, Partles
         and the Organization regarding matters which may affect such areas.
SECTIONV -             COOPERATION
Article 22      -     STUDIES AND RESEARCH PROGRAMMES
In conformity with article 11 of the Convention, the Parties shall, where appropriate, cooperate in
promoting studies and undertaking programmes of scientific and techndogical research for the purpose
of developing new methods of:
     The representative of Turkey expressed a reservation.
                                                                                                           /|t
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                                                                                                       page 15
 (a)     Carrying out activities in a way which minimlzes the risk of pollution;
(b)      Preventlng, abating, combatlng and contrdling pdlutlon, especially in cases of emergency.
Artide 23        -     INTERNATIONAL RULES, STANDARDS AND RECOMMENDED PRACTICES AND
                       PROCEDURES
 1.      The Parties shall cooperate, either directly or through the Organlzation or other competent
         international organizations, in order to:
         (a)     Estabiish appropriate scientific criteria for the formulation and elaboratlon of international
                 rules, standards and recommended practices and procedures for achieving the aims of
                 this Protocd;
         (b)     Formulate and elaborate such international rules. standards and recommended practices
                 and procedures;
         (c)     The Parties shall formulate and adopt guidelines in accordance w'ith international practices
                 and procedures to ensure observance of the provisions of annex VI.
2.       The Parties shall, as soon as possible. endeavour to harmonize thelr laws and regulations with
         the international rules. standards and recommended practices and procedures referred to in
         paragraph 1 of this artide.
3        The Parties shall endeavour, as far as possible, to exchange information relevant to their national
         pdicies, laws and regulations and the harmonization referred to in paragraph 2 of this article.
Artide 24        -     SCIENTIFIC AND TECHNICAL ASSISTANCE TO DEVELOPING COUNTRIES
1        The Partles 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 deveioping countries, particulariy in the fieids of science, iaw,
         education and techndogy. in order to prevent, abate, combat and contrd pollution due to
         activities in the Protocd Area.
2        Technical assistance would include. in particular, the training of scientific, legal and technical
         personnet, 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, 'rf the case arises, of difficulties encountered in the application of this Protocd.
Procedures for the collection and submission of such information shall be determined at the meetings
of the Parties.
Article 26      -     TRANSFRONTIER POLLUTION
1.       Each Party shall take all measures necessary to ensure that activities under their jurisdiction are
         so conducted so as not to cause a pollution beyond the limits of its jurisdiction.
                                                                                                                -7>
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2.       A Party withln whose jurisdiction acth/'ities are being envisaged or carried out should take into
         account any adverse environmental effeds, without discrimination as to whether such effects
         are likeiy to occur withln 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 pdlutlon, it shall immedlately notify other Parties
         which In its opinion are likeiy to be affected by such damage as well as the Organization and
         provide them with timely information that would enable them, where necessary, to take
         appropriate measures. The Organization shall distribute the information immediately to all
         relevant Partles.
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 affeded by pollution or other adverse effects resulting
         from proposed or existing operations.
5.       Where pdlutlon originates in the territory of a State which is not a Contracting Party to this
         Protocd, any Contracting Party affeded shall endeavour to cooperate with the sakJ State so as
         to make possible the application of the Protocd.
Article 27      -     UABIUTY AND COMPENSATION *
1.       The Parties undertake to cooperate as soon as possible in formulating and adopting appropriate
         procedures for the determination of liability and compensation for damage resulting from the
         adlvities dealt with In this Protocd, in conformity with artide 12 of the Convention.
2.       Pending devdopment of such procedures, the Parties:
         (a)    Shall take all measures necessary to ensure that liability for damage caused by adivities
                is imposed on operators, and they shall be required to pay prompt and adequate
                compensation, to be determined on the basis of strid and limited liability
ALTERNATIVE A:
          (b)   Shall take all measures necessary to ensure that operators shall have and maintain
                Insurance cover or other fmancial security in such an amount, of such type and under
                such terms as the Competent State shall specify in order to cover the liability under this
                Protocd.
ALTERNATIVE B:
          (b)   May require the operator to cover his responsibility with any insurance or other financial
                securities.
*
      The following reservations were expressed: by the EEC, France, Spain and Tunisia with respect
to paragraph 2; by Morocco and Turkey with respect to the whole article.
                                                                                                           A
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                                                                                                      page 17
 SECTIONVI -           FINAL PROVISIONS
 Article 28      -     APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
 Each Competent State shall appolnt one or more competent national authoritles 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 artide 9 of this Protocol;
 (c)       Issue the permits7eferred to In annex V to this Protocd;
 (d)       Approve the treatment system and certify the sewage treatment plant referred to in artide 11,
           paragraph 1, of this Protocd;
 (e)       Give the prior approvaJ for exceptional discharges referred to in article 14, paragraph 1 (b), of
          this Protocd;
 (f)       Carry out the duties regarding safety measures referred to in artide 15, paragraphs 3 and 4, of
          this Protocd;
 (g)       Perform the functions relating to contingency planning described in artide 16 and annex VII to
          this Protocd;
 (h)       Establish monitoring procedures as provided in artide 19 of this Protocd;
 (i)      Supervise the removal operations of the installations as provided In article 20 of this Protocd.
Article 29       -    TRANSITIONAL MEASURES
Each Party shall elaborate procedures and regulations regarding actrvrties. 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 Protocd.
Article 30       -    MEETINGS
1.        Ordinary meetings of the Parties shall take place in conjunction with ordinary meetings of the
          Contrading Parties to the Convention held pursuant to artide 14 of the Convention. The Parties
          may also hdd extraordinary meetings in accordance with artide 14 of the Convention.
2.       The fundions of the meetings of the Parties to this Protocd shaJl be, inter alia:
          (a)   To keep under review the implementation of this Protocd 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 conceming authorizations granted or renewed in accordance
                with Section II of this Protocd;
         (d)    To consider the information conceming the permits issued and approvals given in
                accordance with Section III of this Protocd;
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         (e)   To adopt the guidelines referred to in artide 9, paragraph 2, and artide 23, paragraph 1
               (c), of this Protocd;
         (0    To conskJer the records of the contingency plans and means of intervention In
               emergencies adopted in accordance with artide 16 of this Protocd;
         (g)   To establish crtteria and formuiate international rules, standards and recommended
               practices and procedures in accordance with artide 23, paragraph 1, of this Protocd, in
               whatever form the Parties may agree;
         (h)   To facflitate the implementation of the policies and the achievement of the objectives
               referred to in Section V, in particular the harmonization of national laws In accordance with
               artide 23, paragraph 2 of this Protocd;
         (i)   To review progress made in the implementation of artide 27 of this Protocd;
         (j)   To discharge such other functions as may be appropriate for the application of this
                Protocd.
Article 31     -     RELATIONS WITH THE CONVENTION
1.       The provisions of the Convention relating to any Protocd shall apply with respect to this
         Protocd.
2.       The rules of procedure and the financial rules adopted pursuant to article 18 of the Convention
         shall apply with respect to this Protocd, unless the Parties to this Protocd agree otherwise.
Article 32      -     FINAL CLAUSE
1.       This Protocd shall be open for signature, at                      from         to          . and at
                       from        to               , by any State Party to the Convention invited to the
         Conference of Plenipotentlaries of the Coastal States of the Mediterranean Region for the
         Protection of the Mediterranean Sea against Pdlution resulting from Exploration and Exploitation
         of the Sea-bed and its Subsoil, held at              from      to       . It shall also be open until
         the same dates for signature by the European Economic Community and by any similar regional
         economic grouping of which at least one member is a coastal State of the Protocd Area and
         which exercises competence in fields covered by this Protocd in conformity with article 24 of
         the Convention.
2.       This Protocd 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               , this Protocd shall be open for accession by the States referred to in
         paragraph 1 above, by the European Economic Community and by any grouping referred to in
         that paragraph.
4.       This Protocd 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 Protocd by the
         Parties referred to in paragraph 1 of this article.
                                                                                                               v>
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                                                                                     page 19
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments. have signed this Protocd.
DONE at         on this          in a single copy in the Arabic, English, French and Spanish
languages, the four texts being equally authoritative.
                                                                                             Q i
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page 20
                                                 ANNEXI
                     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
              THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED
       The fdlowing substances and materiais and compounds thereof are listed for the purposes of
       artide 9, paragraph 4 of the Protocd. They have been seleded 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-/
        4.    Organophosphorus compounds and substances which may form such compounds in the
              marine environment-/
        5.    OrganohaJogen compounds and substances which may form such compounds in the
              marine environment-/
       6.     Crude oil, fuel oil, oily sludge, used lubricating oils and refined produds
        7.    Persistent synthetic materiais 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, induding 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 artide 10 of this Protocd.
-/      With the exception of those which are biologically harmless or which are rapkJIy converted into
        bidogically harmless substances.
                                                                                                           %i
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                                                                                            page 21
                                           ANNEX II
                HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                 THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
                           IS SUBJECT TO A SPECIAL PERMIT
   The fdlowing substances and materials and compounds thereof have been selected for the
   purpose of artide 9, paragraph 5 of the Protocd.
   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
   10.  Selenium
   11.  Antimony
   12.   Mdybdenum
    13  Titanium
   14.  Tin
   15.  Barium (other than barium sulphate)
   16.   Boron
   17   Uranium
   19.  Cobalt
   19.  Thallium
   20.  Tellurium
   21.  Silver
   22.  Cyanides
B. The contrd and strict limitatlon 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 fdlowlng factors:
         Characteristics and composition of the waste
         1.    Type and size of waste course (e.g. Industrial process);
         2.    Type of waste (origin, average composition);
         3.    Form of waste (sdid, liquid, sludge, slurry, gaseous);
         4.    Total amount (vdume discharged, e.g. per year);
         5.    Discharge pattern (continuous, intermittent, seasonally variable, eta);
         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 propertles for the waste.
         Characteristics of waste constituents with respect to their harmfulness
          1.   Persistence (physical, chemical, biologicai) in the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in bidogical 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 biologicai or
               other effeds on any of the uses listed in section E below.
         Characteristics of discharge site and receiving marine environment
          1.   Hydrographic, meteordogicai, 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;
                                                                                                            I\A
 ---pagebreak---                                                                             UNEP(OCA)/MED WG.30/4
                                                                                               page 23
              Dispersion charaderistics such as effects of currents, tides and wind on horizontal
              transport and vertical mbdng;
              Recerving water characteristics with respect to physical, Chemical, biological and
              ecdogical conditions in the discharge area;
              Capacity of the recerving marine environment to receive waste discharges without
              undesirable effects.
D.      Availabilitv of waste technoloqies
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)   Re-use or elimination methods;
        (c)   On-land disposal alternatives;
        (d)   Appropriate low-waste techndogies.
E.      Potential impairment of marine ecosvstem and sea-water uses
        1,    Effeds on human Irfe through pollution impad 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      Effeds on other legitimate uses of the sea in conformity with international law.
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                                                ANNEX IV
                             ENVIRONMENTAL IMPACT ASSESSMENT
1. Each Party shall require that the environmental impact assessment contains at least the fdlowing:
   (a)  A description of the geographical boundaries of the area within which the activities are to be
         carried out, induding safety zones where applicable;
   (b)  A description of the initial state of the environment of the area;
    (c)  An indlcatlon of the nature, aims, scope and duratlon 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 indired short and long-term effeds of the proposed
         activities on the environment, induding 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 from carrying out the proposed activities; in addition, possible
         alternatives to such measures;
    (g)  An Indication of the measures to be taken for the protection of the environment from pdlutlon
         and other adverse effects during and after the proposed activities;
    (h)  A reference to the methodoiogy used for the environmental impact assessment;
    (i)  An indication of whether the environment of any other State is likely to be affeded by the
         proposed activities.
2. Each Party shall promulgate standards taking into account the international rul es, standards and
    recommended pradlces and procedures, adopted in accordance with artide 23 of the Protocd, by
   which environmental impact assessments are to be evaluated.
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                                                                                                    page 25
                                                  ANNEX V
                            OIL AND OILY MIXTURES AND DRILUNG FLUIDS
The fdlowing provisions shall be prescribed by the Parties in accordance with artide 10:
A.   Oil and Oily Mixtures
     1.     Spills of hlgh oil content in processing drainage and platform drainage shall be contained,
            diverted and then treated as part of the produd, but the remainder shall be treated to an
            acceptable level before discharge, in accordance with good oilfieid pradice;
     2.     Oily waste and sludges from separation processes shall be transported to shore;
     3.     All the necessary precautions should be taken to minimize losses of oil into the sea from oil
            collected or flared from well testing;
     4.     All the necessary precautions should be taken to ensure that any gas resulting from oil
            activities should be flared or used in an appropriate manner.
B.   Drilllnq Fluids and Drill Cuttinas
      1.    Water-based drilling fluids and drill cuttings are subjed to the fdlowing requirements:
             (a) The use and disposal of such drilling fluids are subject to the Chemical Use Plan and
                  the provisions of artide 9 of thls Protocd;
             (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 State.
     2.     Oil-based drilling fluids and drill cuttings are subjed to the fdlowing 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 national authority of the Competent
                  State when ft has vertfied 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 an
                  efficient solids contrd equipment is installed and properiy 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 productlon and development drilling, a programme of sea-bed 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.
                                                                                                              7-7-
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page 26
                                                 ANNEX VI
                                            SAFETY MEASURES
The fdlowing provisions shall be prescribed by the Parties in accordance with artide 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 deslgned and constructed so as to withstand, together with its maximum load, any
      natural condition, Induding, more specifically, maximum wind and wave conditions as established
     by historical weather pattems, earthquake possibilities, sea-bed conditions and stability, and water
     depth;
(b)  That all phases of the activities, induding storage and transport of recovered resources, must be
     properiy prepared, that the whole activity must be open to contrd 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 periodlcally 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;
(d)  That the Installation and, where necessary, the established safety zone, must be sufficientjy marked
     so as to give adequate waming of its presence and sufficient details for its identification using
     appropriate and intemationally recognized waming signals;
(e)  That in accordance with international maritime practice, the installations must be indicated on
     charts and notified to those concemed;
(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, induding the person responsible for the
      blow-out preventer, must have the qualifications required by the Competent State, and that there
     must be permanently sufficient, qualified staff present at the installation. Such qualifications should
      include, in particular, training, on a continued basis, in safety and environmental matters.
                                                                                                             <£
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                                                                                             page 27
                                              ANNEX VII
                                         CONTINGENCY PLAN
A. The operator's continqencv dan
   1. Operators are obllged to ensure:
       (a) That the most appropriate alarm system and communication system is available at the
            installation and that tt is in good worklng order;
       (b) That the alarm is immediately raised on the occurrence of an emergency and that any
           emergency Is Immedlatdy communicated to the competent national authority of the
           Competent State;
       (c) That In co-ordination with the competent national authority of the Competent State,
           receipt of the alarm and appropriate assistance and co-ordination of assistance can be
           organized and supervised without dday;
       (d) That immediate information about the nature and extent of the emergency is given to the
           crew on the installation and to the competent national authority of the Competent State;
       (e) That the competent national authority of the Competent State Is constantly informed about
           the progress of combating the emergency;
      (0   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 rde within the plan.
   2. The operator should co-operate, 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.
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page 28
B.   National co-ordlnatlon and diredlon
The Competent State shall establish national co-ordination and direction to ensure, in case of an
emergency:
(a)  The co-ordination of the national contingency plan and/or procedures and the operator's
     contingency plan and contrd of the conduct of adions, especiaily 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 co-ordination of adions in the course of preventing, abating or combating pollution or in
     preparation for further adion 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 existfng activities;
(e)  The provision d an up-to-date list of the persons and entities to be alerted and informed about an
     emergency, its devdopment and the measures taken;
(f)  The colledion of all necessary information concerning the extent and means of combating
     contingencies, and the dissemination of this information to interested Parties;
(g)  The co-ordination and supervision of the assistance referred to in part A above, in co-operation
     with the operator;
(h)  The organization and if necessary, the co-ordination of specified actions induding intervention by
     technical experts and trained personnd with the necessary equipment and materials.
(i)  Immediate communlcatlon to the competent national authorities of other Parties which might be
     affected by a contingency to enade 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.
                                                                                                         }0
 ---pagebreak---                                                                       UNEP(OCA)/MED WG.30/4
                                                                                    page 29
                                                 APPENDIX
                 Ust of Oils
                 Asphalt solutions
                 Blending Stocks
                 Roofers Rux
                 Straight Run Residue
                 Oils
                 Clarified
                 Crude Oil
                 Mixtures containing crude oil
                 Diesd Oil
                 Fud Oil No. 4
                 Fud Oil No. 5
                 Fud Oil No. 6
                 Residual Fud Oil
                 Road Oil
                 Transformer Oil
                 Aromatic Oil (exduding vegetable oil)
                 Lubricating Oils and Blending Stocks
                 Mineral Oil
                 Motor Oil
                 Penetrating Oil
                 Spindle Oil
                 Turbine Oil
                 Distillates
                 Straight Run
                 Rashed Feed Stocks
                 Gas Oil
                 Cracked
                 Jet Fuels
                 JP-1 (Kerosene)
                 JP-Q
                 JP-4
                 JP-5 (Kerosene, Heavy)
                 Turbo Fud
                 Kerosene
                 Mineral Spirit
*
  The list of oils should not necessarily be considered as exhaustive.
                                                                                            3-7
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 30
              Naphtha
              Sdvent
              Petrdeum
              Heartcut Distillate Oil
              Gasoline Blending Stocks
              Alkylates - fud
              Reformates
              Pdymer - fuel
              Gasolines
              Casinghead (natural)
              Automotive
              Aviation
              Straight Run
              Fud Oil No. 1 (Kerosene)
              Fud Oil No. 1-D
              Fud Oil No. 2
              Fud OB No. 2-D
                                       •$-
 ---pagebreak---                                                                      ISSN 0254-1459
                                                  KOM(92) 169 endelig udg.
                                                  DOKUMENTER
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                               Katalognummer: CB-CO-92-185-DA-C
                                                             ISBN 92-77-43652-2
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