CELEX: 51996PC0063
Language: en
Date: 1996-02-26
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE SIGNATURE OF THE REVISED PROTOCOL FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES AND THE PROTOCOL ON THE PREVENTION OF POLLUTION OF THE MEDITERRANEAN SEA RESULTING FROM THE TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL (BARCELONA CONVENTION)

***         J COMMISSION OF THE EUROPEAN COMMUNITIES
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                                               Brussels, 26.02.1996
                                               COM<96) 63 final
                      PROPOSAL FOR A COUNCIL DECISION
           CONCERNING THE SIGNA TURE OF THE REVISED PROTOCOL
                FOR THE PROTECTION OF THE MEDITERRANEAN SEA
                AGAINST POLLUTION FROM LAND-BASED SOURCES
            AND THE PROTOCOL ON THE PREVENTION OF POLLUTION
OF THE MEDITERRANEAN SEA RESULTING FROM THE TRANSBOUNDARY
          MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL
                          (BARCELONA CONVENTION)
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY            MEMORANDUM
 1.      The Community is a Contracting Party to the Convention for the Protection of the
Mediterranean Sea against Pollution.1 It has also concluded the four Protocols adopted
within the framework of the Convention, namely the Protocol for the prevention of
pollution by dumping,1 the Protocol concerning cooperation in combating pollution by oil
and other harmful substances,2 the Protocol for protection against pollution from land-
based sources3 and the Protocol concerning specially protected areas.4
2.       At their seventh ordinary meeting (Cairo, October 1991) the Contracting Parties
to the Barcelona Convention requested the drafting of a Protocol on the prevention of
pollution of the Mediterranean Sea resulting from the transboundary movements of
hazardous wastes and their disposal.
3.       At least some of the areas covered by this protocol fall within the Community's
jurisdiction; there is a considerable amount of Community waste legislation, including
Regulation No 259/93, and the Community is a Contracting Party to the Convention on
the control of transboundary movements of hazardous wastes and their disposal (Basel
Convention). 5
4.       Following the Commission's December 1995 proposal (SEC(95)2102 final) to the
Council concerning a recommendation with a view to opening negotiations on the said
Protocol, the Council, at its ... meeting of... gave the Commission negotiating directives
to represent the Community in the negotiations.
5.       The next negotiating meeting is scheduled for 17 and 20 April 1996 at Izmir
(Turkey) with a view to finalising the Protocol.
6.       The Conference of Plenipotentiaries for the signature of the said Protocol should
take place in the second half of 1996.
7.       At their eighth ordinary meeting (Antalya, October 1993) the Contracting Parties
to the Barcelona Convention requested the revision of the Convention and the four related
Protocols on dumping, oil and harmful substances, land-based sources of pollution and
specially protected areas (point 1).
         Decision 77/585/EEC, OJ L 240, 19.9.1977.
         Decision 81/420/EEC, OJ L 162, 19.6.1981.
         Decision 83/101/EEC, OJ L 67, 12.3.1983.
         Decision 84/132/EEC, OJ L 68, 10.3.1984.
         Decision 93/98/EEC, OJ L 39, 16.2.1993.
                                                    Zj
 ---pagebreak--- 8.      At its 1852nd meeting on 9 June 1995 the Council decided both to authorize the
signature, on behalf of the Community, of the revised texts of the Convention and the two
related Protocols on the prevention of pollution by dumping and specially protected areas
and to give the Commission negotiating directives to represent the Community in the
negotiations on the revision of the other Protocols, including the Protocol on land-based
sources of pollution.
9.      Following this Decision by the Council, the Commission signed the revised texts
of the Convention and the two Protocols in Barcelona on 10 June 1995.
 10.    The Commission has participated in the working party responsible for preparing
the amendments to the Protocol on land-based sources of pollution and finds the outcome
of the negotiations fully satisfactory.
 11.    At least some of the areas covered by the amendments to the Protocol for
protection against pollution from land-based sources fall within the Community's
jurisdiction. The Community has adopted several directives on water and is a Contracting
Party to many international conventions in this field.
 12.    A Conference of Plenipotentiaries is due to be held in Syracuse on 7 and 8 March
 1996 for the signature of the amended Protocol. It will be preceded by a meeting of
experts on 4 and 5 March to finalize the text.
 13.    The Commission draws the Council's attention to the expediency of adopting the
decision in good time so that the Community can sign the amended Protocol on land-
based sources of pollution and the Protocol on transboundary movements of hazardous
wastes and their disposal, once these are open for signature, alongside the Member States
which are Contracting Parties to the Barcelona Convention.
 14.    The Council is therefore invited to authorize the President to designate the
person(s) empowered to sign, on behalf of the Community, subject to subsequent
conclusion, the revised Protocol on the protection of the Mediterranean Sea against
pollution from land-based sources and the Protocol on the prevention of pollution of the
Mediterranean Sea resulting from the transboundary movements of hazardous wastes and
their disposal, within the framework of the Barcelona Convention.
                                                  1
 ---pagebreak---               PROPOSAL FOR A COUNCIL DECISION
      CONCERNING THE SIGNATURE OF THE REVISED PROTOCOL
        FOR THE PROTECTION OF THE MEDITERRANEAN SEA
         AGAINST POLLUTION FROM LAND-BASED SOURCES
      AND THE PROTOCOL ON THE PREVENTION OF POLLUTION
OF THE MEDITERRANEAN SEA RESULTING FROM THE TRANSBOUNDARY
     MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL
                   (BARCELONA CONVENTION)
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Whereas the Community is a Contracting Party to the Convention for the protection of
the Mediterranean Sea against pollution (Barcelona Convention)1 and the four Protocols
thereto;2
Whereas the Commission has participated, on behalf of the Community, within the
working parties set up by the Contracting Parties to the Barcelona Convention, in the
negotiations on the revision of the Protocol for protection against pollution from land-
based sources and the drafting of the Protocol on the prevention of pollution resulting
from the transboundary movements of hazardous wastes and their disposal;
Whereas at least some of the areas covered by the said Protocols fall within the
Community's field of competence;
Whereas the Commission has informed the Council of the outcome of the negotiations
in order that it may adopt a final position;
Whereas the revised Protocol for protection against pollution from land-based sources and
the Protocol on the prevention of pollution resulting from the transboundary movements
of hazardous wastes and their disposal must be adopted and opened for signature by the
Contracting Parties at the Conferences of Plenipotentiaries to be held in Syracuse on 7
and 8 March 1996 and in the second half of 1996 respectively;
Whereas it is important that, subject to subsequent conclusion, the two Protocols be
signed by the Community,
        OJ No   L 240, 19.9.1977, pp. 1 and 3.
        OJ No   L 240, 19.9.1977, pp. 1 and 12.
        OJ No   L 162, 19.6.1981, p. 4.
        OJ No   L 67, 12.3.1983, p. 1.
        OJ No   L 68, 10.3.1984, p. 36.
                                                     .s
 ---pagebreak--- HAS DECIDED AS FOLLOWS:
                                     SOLE ARTICLE
The President of the Council is hereby authorized to appoint the person(s) empowered to
sign, on behalf of the Community, subject to subsequent conclusion, the revised Protocol
for protection against pollution from land-based sources and the Protocol on the
prevention of pollution resulting from the transboundary movements of hazardous wastes
and their disposal within the framework of the Convention for the protection of the
Mediterranean Sea against pollution, and to confer upon them the powers necessary for
this purpose.
                                                    Done at Brussels,
                                                    For the Council,
                                                    The President.
                                                    G
 ---pagebreak---                                                                  UNEP(OCA)/MED W G . 1 0 7 / 3
                                                                                      page 1
       AMENDWIENTS TO THE PROTOCOL FOR THE PROTECTION OF THE
       MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES
       A . TITLE
       The title of the Protocol is amended as follows:
       PROTOCOL FOR THE PROTECTION OF THE.MEDITERRANEAN ;SEA                       AIGAINST
       POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES
       B. PREAMBULAR PARAGRAPHS                                            j
     . The 1st preambular paragraph of the Protocol is amended as foflows:
             Being Parties to the Convention for the. Protection of the Mediterranean Sea
       against Pollution, adopted at Barcelona on T6 February 1976 and amended o n —
       The 3rd preambular paragraph of the Protocol is amended as follows:
             Noting the increasing environmental pressures resulting from Human activities
       in the Mediterranean Sea Area, particularly in the fields of industrialization and
       urbanization, as well as the seasonal increase in the coastal population due to
       tourism,-
       After the 3rd preambular paragraph a new preambular paragraph is inserted as
                                                                           ;
       follows:                                                                . •
             Taking account of the precautionary principle and the polluter) pays p rinciple,
       and applying the environmental impact assessment, best available «techniques and
[[ ]] best environmental practices including -dean production [(technologies!!*, as
       provided In arc 4 of the Convention,
       The 4th preambular paragraph of The Protocol is amended as follows:
             Recognizing the danger posed to the marine environment, the jiving re sources
       and human health by pollution from land-based sources and activities and the
                                                                                    I
       serious problems resulting therefrom in many coastal waters and riyer estuaries    of
       the ^/lediierranean Sea, primarily due to the release of untreated, insufificientiy
       treated or inadequately disposed of domestic/or industrial ?dischai;ges ana to the
       input of toxic, persistent and bioaccumulative substances,;           j      \
                   The part in double square, brackets in this paragraph is added by the
                   Secretariat in reference to article 4 of the amended Convention
                                           }
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 2
The 6th preambular paragraph of the Protocol Is amended as folloyvs:
      Determined t o take in dose cooperation the necessary measures to protect the
Mediterranean Sea against pollution from land-based sources and activities.
C. ARTICLE 1
A trtie is inserted and the text is amended as follows:
                                           Article.1
                             GENERAL UNDERTAKINGS                       ;
                    • *                                                 *
      The Contracting Parties to this Protocol (hereinafter referred to las "the
Parties") shall take all appropriate measures to prevent* abate, combat and
eliminate to-the fullest possible extent pollution of the Mediterranean Sea Area
caused by the discharges from rivers, coastal establishment ior outfalls, or
emanating from any other land-based sources and activities: within their territories,
with priority given in particular to the phasing out of inputs of toxica persistent and
bioaccumuiatrve substances.
P. ARTICLE 2
A title is inserted. The texts of paragraphs (a) and (d) of Article 2 are amended as
follows:
                                         . Article 2
                                        DEFINITIONS
(a)   "The Convention" means the Convention for the Protection j of the
      Mediterranean Sea against Pollution, adopted at Barcelona on 16 FJebruary
       1 9 7 6 and amended on . . . . ;
(d)   The "Hydrologie Basin" means the entire watershed area within the territories
      of the Contracting Parties, draining into the Mediterranean Sea Area as defined
      by article 1 of The Convention.                                   !      i
                                           S
 ---pagebreak---                                                           UNEP(OCA)/MED W/jG.107/3
                                                                                page 3
E. ARTICLE 3
                                                                       !
A title is inserted and the following new paragraph is added to Article 3:
                                        Article 3                     }
                             GEOGRAPHICAL COVERAGE                     j
(abis) (re-numbered as (b))
      The hydrologie basin of the Mediterranean Sea Area..
Paragraph (b) is re-numbered as paragraph (c). Paragraph (c) is re-numbered as
paragraph (d) and amended as follows:
(d)   Saltwater marshes and saltwater aquifers.
F. ARTICLE 4
A title is inserted and the texts of sub-paragraph (a) and (b); paragraph 1 of Article
4 are amended as follows:
                                        Article <4.
                                   PROTOCOL AREA
      This Protocol shall apply:
(a)   To discharges originating from land-based .point and diffuse sources and
      activities within the territories of the Contracting Parties which may affect
      directly or Indirectly the Mediterranean Sea Area. These discharges shall
      include those which reach the Protocol Area through coastal disposals, rivers,
    • canals or other watercourses, induding underground watercourses, or through
      run-off and disposal under the seabed with access!from land by tunnel,
      pipeline, or other means;
(b)   To inputs from land-based sources or activities situated in the Protocol Area
      transported by the atmosphere, under conditions defined in annex III to this
      Protocol.
The following new paragraph is added to Article 4:
3.    The Parties shall Invite States that are not parties to the Protocol and have in
their territories parts of the hydrologie basin of the Mediterranean Area, to
cooperate in the implementation of the Protocol.
 ---pagebreak---    UNEP(OCA)/MED WG.107/3
   page 4
   G. ARTICLE 5
   A title is inserted and texts of paragraphs 1 j 2 , and 4 of Arjticle 5 are amertded as
   follows:
                                              Article ,5
                                  GENERAL OBLIGATIONS
    1.   The Parties undertake to eliminate pollution deriving from land-based sources
   and activities, in particular to phase out toxic, persistent and bioaccumulatjve
11 Inputs of the substances fisted in annex I. Uinputs of the .toxic, persistent and
]] bioaccumulative substances from the list in annex 1, section C to this Protocol.]] *
   2.    To this end they shall elaborate and implement; individually or jointly, as
   appropriate, national .and regional programmes and action plans, containing
   measures and timetables for their Implementation.
    Paragraph 3 is deleted
   4.     (re-numbered as 3}
         The priorities and timetables for implementing the programmes, measures and
    action plans shall be adopted by the Parties taking into account the elements set
    out in annex I and shall be periodically reviewed.                           ;
   The following new paragraphs are added to Article 5:
   4.    When adopting programmes, measures and action plans, the Parties shall take
   into account, either individually or jointly, the best available techniques for point
   sources and the best environmental practices for point and diffuse sources
[[ indudihg, where appropriate, dean production technologies!, [[/taking into account
]] the criteria set forth in annex I V ] ] . * *
   5.    The Parties shall take preventive measures to reduce to the minimum (the risk
   of pollution caused by accidents.
                The part in double square brackets in this paragraph is changed by the
                Secretariat for a more accurate formulation of the text.
                The part in double square brackets in this paragraph is added- by the
                Secretariat as a necessary reference to the new Annex IV.         !
                                                  A   O
 ---pagebreak---                                                          UNe>(OCA)/MED WG. 107/3
                                                                                    page 5
H. ARTICLE 6
A title is inserted and text of Artide 6 is replaced by the following I text:
                                        Article 6                ;        I
                    AUTHORIZATION OR REGULATION SYSTEM                    I
1.      Point source discharges to the Protocol area, and releases into water or air
which reach and may affect the Mediterranean Sea Area, shall be jstricoy (subject
t o authorization or regulation by the competent authorities of r the Parities, taking due
account of the provisions of annex II to this .Protocol. Such authorization or
regulation shall be in conformity with relevant decisions or recoirtmdndatiions of the
Contracting Parties.
2.     To this end each Party shall provide for systems of inspection by their
competent authorities to assess compliance whh authorizations and regulations.
3.     The Parties may be assisted by the Organisation, upon reo^est; in establishing
n e w , or strengthening existing, competent structures for mspectiorj of compliance
with authorizations and regulations.- Such assistance shall mckidetspedal|training
of personnel.
4.     Each Party shall consider establishing appropriate sanctions m case; of non-
compliance within its own territories.
I. ARTICLE 7
A title is inserted. The texts of sub-paragraph (e) of paragraph 1 and paragraph 3
of Article 7 are amended as follows:
                                         Article7
                 COMMON GUIDEUNES, STANDARDS AND CRITERIA
(e)    Specific requirements concerning the quantities of the substances,! listed in
       annex I, discharged, their concentration in effluents and methods of
       discharging them.
3.     The programmes, measures and action plans referred to in articles 5 and 15
shall be adopted by taking into account, for their progressive implementation, the
capacity to adapt and reconvert existing installations, the economic capacity of the
Parties and their need for development-
                                     -")-")
 ---pagebreak--- UNEPfOCA)/MED WG. 1 0 7 / 3
page 6
J. ARTICLE 8                                                  . ij
A "tide is inserted and the text of Article 8 is amended as follows: |
                                       Article 8                           i
                                    MONITORING                    v
      within the framework of the provisions of, and the monitoring programmes
provided for, m article 12 of the Convention, and if necessary in cooperation with
the competent international organizations, the Parties shall carry out at the earliest
possible date monitoring activitiesin order                       \
                                                       >.   •       -      I
(a)   Systematically to assess, as far as possible, the levels bf pollution along their
      coasts, in particular with regard to the sectors of activities arid categories of
      substances or sources listed in annex I^and periodically to provide information
      in this respect;                                                   \
(b) To evaluate the effectiveness of programmes, measures arid action plans
      implemented under this Protocol to eliminate td the fullest possible extent
      pollution of the marine environment. "                            '
K. ARTICLE 9                                                          . A            ••
A title is inserted and the text of Article 9 Is amended as follows: ;
                                       Article 9
                    SCIENTIFIC AND TECHNICAL COOPERATION \
                                        *                         •      5
                                                                . :     i
      In conformity with article 13 of the Convention, the Parties shall cooperate in
scientific and technological fields related to pollution from land-based sources and
activities, particularly research on inputs, pathways and effects of pollutants and
on the development of new methods for their treatment, reduction or elimination,
as well as the devdopment of dean production processes for their reduction and
elimination. To this end the Parties shall, in particular, endeavour! to:
The following new paragraph is added to Article 9:
(c)   Promote access and transfer of environmentally sound technology including
      dean production technology.
                                    nt
 ---pagebreak---                                                            UNEP(OCA)/tàED WG.107/3
                                                                                page 7
L ARTICLE 1 0
A title is inserted and the text of Artide 1 0 is amended as follows:
                                        Article 10                       j
                             ' TECHNICAL ASSISTANCE              ;• "   {
1.    The Parties shall, directiy or with the assistance of compétent regional ar other
international organizations, bilaterally or mutt3aterauy> cooperate whh a view to
formulating and, as far as possible, implementing programmes ojF assist ance t o .
developing countries, particularly in the fields of science, education and technology,
with a view to preventing, reducing or, as appropriate, phasing out inputs of
pollutants from land-based sources and activities and their, harmful effects in the
marine environment.                                             !   • j .
2.    Technical assistance would include, In particular, the training of sden title and
technical personnel, as well as the acquisition, utilization and production by those
countries of appropriate equipment and, as appropriate, dean production
technologies, on advantageous terms t o 1 be agreed, upon among the] Parties
concerned.                                                      i      j
M . ARTICLE 11
A-title is inserted as follows:
                                        Article 11
                            TRANSBOUNDARY POLLUTION
N. ARTICLE 1 2
A title is Inserted and the text of paragraphs of Artide 1 2 is amerjded as follows:
                                        Article .12                    j   .
                              SETTLEMENT OF DISPUTES                  !
1.    Taking into account article 2 8 , paragraph 1 , of the Convention, when land-
based pollution originating from the territory of one Party is likely to prejudice
directly the Intjerests of one or more of the other Parties,; the Parties concerned
shall, at the request of one or more of them, undertake to'enter into consultation
with a view to seeking a satisfactory solution.                       \
                                            -13
 ---pagebreak--- UNO>(OCAJ/MED WG-107/3
page 8
O. ARTICLE 1 3
A title is inserted. The texts of paragraph 1 v the first sentence of r^aragrarjh 2 and
sub-paragraph (d), paragraph 2 of Artide 13 are amended as follows:
                                         Article 13
                                         flEPORTë
 1. The Parties shall submit: reports every two years to the meetings of the
Contracting Parées, through the Orgardzatioh, of measures taken, results achieved
and, if the case arises, of difficulties encountered in the application of this Protocol.
Procedures for the submission of such reports shall be determined at the meetings
of the Parties.                                                           !
2.    Such reports shall include, inter alia: '                           j
                                       '   • •    * •           :         i •
(d)   Programmes, measures and action plans implenientèd in accordance with
      articles 5, 7 and 15 of this Protocol.
P. ARTICLE 1 4
                                                                        .!,
A title is inserted. The texts of paragraph 1 and of sub-paragraph .-(a), (c) and (f).
of paragraph 2 of Artide 14 are amended as follows:                     *
 '..",.•                                 Article 14             \.       I
                                         MEETINGS
1. Ordinary meetings of the Parties shall take: place in conjunction with ordinary
meetings of the Contracting Partiesto the Convention held-pursuant to anricle 18
of the Convention. The Parries may also hold extraordinary meetings in accordance
wtth article 18 of the Convention.
(a)   To keep under review the implementation of this Protocol and bo consider the
      efficacy of the programmes, measures and action plans adopted;
(c)   To formulate and adopt programmes and measures in accordance with articles
      5, 7 and 15 of .this Protocol;
    . :.                                        '     *           '   j |     .
if)   To consider the reports submitted by the Parties under article 13 of this
      Protocol.
                      •  - "  • . •  /      • '   *           • !   .
                                            H
 ---pagebreak---                                                                  UNEP(OCA)/MED WG.107/3
                                                                                        page 9
        CL ARTICLE 15                                                         ?•
                                                                              »
        A title is inserted and the text of paragraph 1 of Article 15 is amended as follows:
                                               Article 15                     \
                             ADOPTION OF REGIONAL PROGRAMMÉS,                 !
                                   MEASURES A N D ACTION PLANS *;
                                                                       .  -   i
        1.    The meeting of the Parties shall adopt; by a two-thirds majority, the regional
        programmes and short-term and medium-term action plans containing meast ires and
        timetables for their implementation provided for in article. 5 of this Protocol.
        The text of paragraph 2 of Article 15 is replaced by the following jtexts:
        2.     Regional programmes and action plans as referred to in paragraph 1 [shall be
        formulated by the Organizations-considered and approved by the relevant technical
CI      body of the Contracting Parties [[recommended for approval by the Meeting of
]]      National Coordinators for MED POL]]* wfcfiin one year at the latest of the entry
        into force of the amendments t o this Protocol. Such regional programmes and
        action plans shall be put on the agenda for the subsequent meeting of the Parties
[ [ ] ] for adoption, [[approval]]*. The same procedure shall!be followed for any
        additional programmes and action plans.                               ;
        3.     The measures and timetables adopted in accordance with paragraph 1 of
[       this article shall be obligatory for the Parties (which voted for them or which have
        not notified the Secretariat of a n objection within sixty days of the date of their
]       adoption].                                                             \     j -}''
                                            -                           •      j     i .
[ID 4.         The Parties which have not [voted for] [accepted] certain measures or
[ timetables [or which have notified an objection in accordance whhithe preceding
]       paragraph J shall inform the meeting of the Parties of the provisions they intend to
        take, it being understood that these Parties may at any time give their consent to
        these measures or timetables.                                          ;
        R. ARTICLE 16
        A title is inserted and the text of paragraph 2 of Article 16 is amended as follows:
                                               Article. 16
                                          FINAL PROVISIONS
         2.    The rules of procedure and the financial rules adopted; pursuant to article 2 4
         of the Convention shall apply with respect $0 this Protocol, unless the Parties to
        this Protocol agree otherwise.
                     The part in double square brackets in this paragraph is changea by the
                     Secretariat for an accurate legal formulation of the text.!      I
                                               /\S
 ---pagebreak---   UNEPCOCAJ/MED WG.107/3
  page 10
  S. ANNEX I
  Annex I is replaced by a new Annex I as follows:
                               -       ANNEX I
       ELEMENTS TO BE TAKEN INTO ACCOUNT IN THE PREPARATION
         OF PROGRAMMES AND MEASURES FOR THE ELIMINATION Of
           POLLUTION FROM LAND-BASED SOURCES A * 0 ACTIVITIES
    .        '• .         '                   " •"            -     i
                                                                     »
       This annex contains elements which will be taken into account in the
  preparation of programmes, measures and action plans!for the elimination of
  pollution from land-based sources and activities referred to in articles J5,7 and
  15 of this ProtocoL                                           , ' i
           • v       -      .                 •  .            !  .   j
       Such programmes, measures and action plans will aim to- cover
  of activities listed In section A of this annex. They may;also cover groups of
  substances cutting across the sectors of activities. Substances included in
  such programmes,-measures and action plans will Deselected on the {basis of
  the characteristics listed in section 8 of this annex. Section Ç of this annex
  includes various -groups of substances selected on the j basis, j of the
  characteristics listed in Section B. Priorities for action should be established
  on the basis of relative importance of the impact on public heath, the
  ecosystem and socio-economic cultural conditions. Such programmes should
  cover point sources, diffuse sources and atmospheric deposition.
  A.   SECTORS O F ACTIVITIES
       The following sectors of activities, not In priority order, will be primarily
  considered when setting priorities tor the preparation of j programmes,
  measures and action plans for the elimination of the pollution from land-based
  sources and activities:                                           ]
n      1.     Energy production [from fossil fuel].
       2.     Fertiliser production.
       3.     Production and formulation of biocides.
       4.     Pharmaceutical industry.
        5.    Refineries.
        6.    Paper and pulp industry.
                                        *c
 ---pagebreak---                                                          UNB?{OCA)/MED W p . 107/3
                                                                            page 11
   7.    Cement production.
   8.    Tanneries.
   S.    Metal industry.
   10. Mining.
   11. Shipyards.
   12. Textile industry.
   13. Electronic industry.
   14. Recycling Industry.
   15. Other sectors of the organic chemical industry.
   16. Other sectors of the inorganic chemical industry.
   17. Touristic .establishments.
   18. Agriculture.
   19. , Animal husbandry.
   20.   Food processing.
   21. Aquaculture.
   22. Treatment of hazardous waste at source.
   23. Domestic waste water disposal and treatment;
   24. Urban waste disposal and treatment
   25. Sewage sludge disposal and waste disposal plants* residues.
   26. Incineration of waste.                                        j     !
   I[27.PubIic and private works which cause physical alteration of [the
11 natural state of the coastline.]]"                                \.
         The part in double square brackets in this annex isjaddediby the
         Secretariat In order to put it in line with the Global Programme of Action
         for the Protection of the Marine Environment from; Land-based Activfriesl
                                   1>
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 12
B.   CHARACTERISTICS O F SUBSTANCES IN THE ENVIRONMENT
     In order to set priorities for substances, the Parties should take into
account the characteristics listed below.which are not; necessarily of equal
importance for the consideration of a particular substance or group of
substances.
     1.    Persistency.                                           S
                                                                   t
     2.    Toxicity or other noxious            properties (e.g. carcinogenicity,
           mutagenicity, teratogenicity).
     3.    Bioaccumulation.
     4.    Radioactivity.
                                              -                    !
     5.    The ratio between observed concentrations arid no observée! effect
           concentrations (NOEC).                                     i  l
     6.    Risk of eutrophication of anthropogenic origin.
     7.    Health effects and                   risks.            j
     8.    Transboundary significance.                                   j
     9.    Risk of undesirable changes in the marine edosystem and
           irreversibility or durability of effects.                     j
     10. Interference with file sustainable exploitation of living resources or
           with other legitimate uses of the sea.                        !
     -   '           •                        <                    ;      j
     11. Effects on the taste and/or smell of products for human consumption
           from the sea, or effects on smell, colour, transparency or other
           characteristics of the water in the marine environment       ;
                                                             :
                                                                    i    !
     12. Distribution pattern (i.e. quantities involved, use pattern and (liability
           to reach the marine environment).
                                                                          i
                                                                   ;      i
                                                                          i
C.   CATEGORIES OF SUBSTANCES                              • •     i     !
                          -                                              I
     The following groups of substances were selected on- the basis of
characteristics listed in section B of this annex. This list will serve as a
guidance in the preparation of programmes, measures and action plans for the
elimination of pollution from land-based sources and activities.         j
                                      Ai
 ---pagebreak---                                                    UNEP(OCA)/MED W G . 1 0 7 / 3
                                                                I      Page 13
1.  Organohalogen compounds and substances which may form such
    •compounds in the marine environment".                     •
                                         •             '.        |
    Organophosphorus compounds and substances which may form
    such compounds in the marine!-environment*.'
                                  .   .    .           -s       ;      i
     Organotin compounds and substances which may form such
     compounds in the marine environment*.              ;      \
                                                        1       !
                                                        !       I
4,                                                      :  «    \
     Polycyctic aromatic hydrocarbons.                         j
5.                                                              !
     Heavy metals and their compounds.
                                                         !      »
6.
     Used lubricating oils.                                    1
7.  Radioactive substances, including their wastes,! [when 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].
8.   Bioddes and their derivatives.      .
9.   Pathogenic microorganisms and;algal toxins which could result from
    eutrophication.
10. Crude oils and hydrocarbons of petroleum origin.;
11. Cyanides and fluorides.
12. Non-biodegradable detergents and other surface-active substances.
13. Compounds of nitrogen and phosphorus.
14. Persistent synthetic materials which may float, sink [ or remain in
    suspension and which may interfere with any legitimate use of the sea.
15. Any other substance or group of substances having any! characteristics
     listed in section B of this annex
    With the exception of those which « are biologically j harmless or which are
     rapidly converted: into biologically harmless substances. ;
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 14
T. ANNEX II
Annex U is deleted.
U. ANNEX HI
Annex III Is re-numbered as Annex IL Its introductory paragraph jand trie text of
paragraph 6 of section A are amended as follows:                         V
                                  '     ANNEX II                ;        i
     With a view to the'issue of an authorization for the discharge.of
containing substarx^ referred
be taken, as the case may be. erf the folkawrng factors: V                j
          A   CHArv^CraWSTICS^A^^
                                    .:•      - • ' • < 'i                \
     6. Concentrafions .with respect to catégories of substances Bsted ln£nnex L
and other substances as appropriate.
V. ANNEX IV
Annex IV is re-numbered as Annex lit. The texts of paragraphs 3 and 5 are
amended as follows:
                                        ANNEX ill
     In the case of pollution of trie Protocol Area from land-based sources through
     the atmosphère, the provisions of articles 5 and 6 toithis Protocol shall apply
     progressively to appropriate, substances and sources listed in tannex I to this
     Protocol as win be agreed by the Partes.                   I ~      !
                       • • •   '                ••    . . .     J     . • • ' ? •
5.   The provisions of annex II to this Protocol shall apply to pollution through the
     atmosphere whenever appropriate. Air pollution monitoring and fnodeUii ig using
     acceptable common emission factors and methodologies, shall be cashed but
      in the assessment of atmospheric deposition of substances, as well as in the
     compilation of inventories of quantities and rates of pollutant emissions into the
     atmosphere from land-based sources.,                      .'        j
                                            to
 ---pagebreak---                                                           UNEP{OCA)/MED W G . 1 0 7 / 3
                                                                       !    "  "l •  -T T-'
                                                                       \      page 15
A new Annex IV is added reading as follows:
                                       [[ANNEXE
A.      BEST AVAILABLE TECHNIQUES
                                                                I 7
1 . The term "best available techniques* means the latest and jmost effective
stage of development of processes and methods of operation-which indicate
the practical suitability of a particular measure for constituting fn principle the
basis for limiting values of emissions and general environmental impact.
2. The term "techniques'* includes both the technology used and the way in
which the installation is designed, built, maintained,
                                                    :      operated and dismantled.
                                                :        ' =!          j      I
3. The term "available"* refers to processes developed on a.scale which
makes it feasible to apply them in the relevant industrial sector under viable
economic and technical conditions, while taking; into [consideration
costs/benefits; it shall make no difference whether or not such processes are
used or developed in the territory of an interested party, provided that the
entrepreneur interested in using them could have access to them under
reasonable conditions.
4. The term "best" refers to the most effective processes for obtaining high
level of protection of the environment as a whole.
5. In determining the best available techniques, in general or individual
c a s e s , special consideration shall be given to:
        (a)   the use of processes which.produce less waste;
        (b) the use of substances which are less hazardous;
              The Meeting of the Legal and Technical Experts to examine the
               amendments to the LBS Protocol (Siracusar 4-6 May 199fe) decided that
               an annex on the "Best available techniques" and "Best environmental
               practices" should be added to the Protocol. As a result, the meeting
               decided to use the relevant text adopted by the;Contracting Parries t o
              the Paris Convention as the basis for the preparation of jthe new annex
              to the Protocol with the understanding that Contracting Parries would
               send comments and suggestions for changes. ; The present text of
               annex IV is therefore the result of the work of the Secretariat land "the
               comments received from the Contracting Parties:         j
 ---pagebreak--- UNEPCOGA3/MED WG.107/3
page 16
     (c) the development of processes for the receiving and recycling of
           substances used and emitted in the course of the process and the
           waste, a s appropriate;                             '{
     (d) the comparable processes, equipments or jrtethods of operation
           which have recently been successfully tried iout on an industrial
           scale;                                                j
     (e) the technological advances and changes In scientific knowledge:
                     •       •        ..     :•       .   I      !      .1
     (ft   the nature, impact and volume of the discharges and emissions
     i /              j                                •  «      s       I
           concerned;                                            !         .
                                          . : : ' . • !          i ' |
     (g) the starting date of operation of both new and existing plants;
     (h) the time needed to develop a better technique available; ;
                                   •         *•                  I
     (i)   tiie consumption and nature of. primary resources used (including
         . water) and energy efficiency; '
     (j) the need to prevent or reduce-ta a minimum the global input of
           emissions ^nd environmental            risks;         !       '
     (k) the need to prevent accidents and, if they should occur, to reduce;
           environmental impact;
     (Î)   the flexibility for Improvement and easy modification jof the applied
           techniques;                                          !
     (m) the consideration of the type of disposal along with the best
           available techniques; and
     (n) the compatibility with, or suitability for, local prevailing j social,
           economic and environmental conditions.        ;      ;
B.   BEST ENVIRONMENTAL PRACTICE
6. The term "best environmental practice" means the most appropriate
combination of measures to prevent diffuse pollution or to ensure that the
operation of anti-pollution equipment is earned out in an environmentally safe
manner. Best environmental practice includes both practical measures and
behaviour which respects the environment on the .-one hand, and the
instruments used to encourage adoption of such measures and behaviour
development on the other,                                       ;
                                       Z. 2-
 ---pagebreak---                                                         UNEP(OCA)/MED W G . 1 0 7 / 3
                                                            1        j     jpage 1 7
  7. In determining the activities the implementation of which must be
  compatible with best environmental practice, particular considération should
  be given to the following elements:
       -     the precautionary principle;
             environmental risks linked to;                         \
                  the activity itself; and                          j
                  the production, utilisation and définitive elimination of the
                  products used in the framework of this activity; 1 and
       -     the possibility to modify the activities or to replace- them by less
             polluting ones.                                        \
  8. The time limits set for complying with the best environmental practice
  must take into consideration social and economic impact which could result
  from the diverse rate in the implementation of the best environmental practice.
  9. In defining the best environmental practice for a particular j diffuse
  pollution source, attention should at least be paid to:            | ' •I
  (a)  measures, such as:
       (i)   making collection systems available to the public for jwastes
             hazardous to the environment; and                            i
                       •                                              I    !
       (ii) making available systems for the recovery, recycling and/or safe
             elimination of wastes which would be environmentally [unsafe] if such
             systems were not provided; and                               j
  (b) behaviour and promotion tools, such as:
       (i)   the development and application of codes of good behaviour and
             good environmental practice;
       (ii) the provision of information and education to the publip and to users
             about the environmental consequence of choice of [products and
             particular behaviour they adopt;                              j
       (iii) the establishment of systems of licensing, involving restrictions or
             banning of certain practices; and                              |
                                                             !        \    j
       (iv) the application of economic instruments to limit the environmental
B            impact of activities or the use of certain products.]]
                                       21
 ---pagebreak---                                                             UNEP(OCA;/MED      WG.79/4
                                                                                 Page 1
             DRAFT PROTOCOL FOR THE PREVENTION OF POLLUTION
        OF THE MEDITERRANEAN SEA BY TRANSBOUNDARY MOVEMENTS
                  OF HAZARDOUS WASTES AND THEIR DISPOSAL
  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 1S76,
 Conscious of the danger threatening the environment of the Mediterranean Sea area
 as a whole caused by the transboundary movements and dispesa! of hazardous -
 wastes,
 Convinced that the most effective way of protecting human health and the marine
 environment from the dangers posed by hazardous wastes is the reduction and
 elimination of their generation, e.g. through substitution and other clean production
 methods,                                                                     >..
 Recognizing the increased will for the prohibition of transboundary movements of
 hazardous wastes and their disposal in other States, especially in developing
 countries,
Taking into account the 1992 Rio Declaration on Environment and Development and
 especially Principle 14 which declares that States "should effectively cooperate to
discourage or prevent the relocation and transfer to other States cf any activities or
substances that cause severe environmental degradation or are found to be harmful
to human health",
Aware of the growing international concern regarding the need to ensure that pollution
originating in one State is not transferred to other States and, consistent with this
objective, and of the need to reduce transboundary movements of hazardous wastes
to a minimum as far as possible, with the ultimate aim of phasing out such
movements,
Recognizing also that any State has the sovereign right to ban the entry, transit or
disposal of hazardous wastes in its territory,
Taking into account also the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, adopted on 22 March 1989, in
 ---pagebreak---   UNE?(OCA)/MED VVG.7S/4
  Pace 2
 particular Articie 1 1, ard decision 1/22 adopted by the Firs: Meeting cf the Conference
 of the Parties tc the Easel Convention,
 Taking into account furrier that many States, among them Contracting Parties to the
 Barcelona Convention, have taken legal measures and entered into international
 agreements consister: with the Basel Convention to ban transboundary movements
 of hazardous wastes, for example, the Fourth ACP/EEC Convention signed in Lomé
 on 15 December iSSS'by the European Economic Community and the African,
 Caribbean and Pacific Group of States, and the Bamako Convention en the Ban of the
 Import into Africa and the Control of Transboundary Movement and Management of
 Hazardous Wastes wrriin Africa, adopted under the auspices of the Organization of
African Unity on 30 January 1991,
 Recognizing further the differences in levels of economic and legislative development
among the various Mediterranean coastal States, and realizing that hazardous waste
should not be alicwed to be transported in order to take advantage of such economic
or legislative disparities to the detriment of the environment and of the social well-being
of developing countries, .
Bearing in mind the fact that the most effective way of dealing with the threats
represented by wastes for human health and the environment consists of decreasing
or even prohibiting the transfer of activities which generate hazardous wastes, ;
Have agreed as fcilows:                                                           r:    ; .
Articie 1 - Définitions
For the purposes of this Protocol:
        (a) "Convention" means the Convention for the Protection of the Mediterranean
        Sea aganst Pollution, adopted at Barcelona on 16 February 1S76;
       '(b)    A "Party" means a Contracting Party to this Protocol in accordance with
       Article 23, paragraph 1, of the Convention;
        (c) "Wastes" means substances or material which are disposed of or are
       intended to be disposed of or are required to be disposed of by the provisions
       of national law;
       (d) "Hazardous wastes" means wastes as specified in Article 2 of this Protocol;
       (e) "Disposal" means any operation specified in Annex HI to this Protocol;
       (f) "Transboundary movement" means any movement of hazardous wastes
       from an area under the national jurisdiction of one State to or through an area
                                            -z s
 ---pagebreak---                                                           UNEP(OCA)/MED WG.7S/4
                                                                               Pace 3
   under the national jurisdiction of another State or to or through an area not
   under the national jurisdiction of any State, provided at least two States are
   involved in the movement;
   (g)     "Approved site or facility" means a site or facility for the disposal of
   hazardous wastes which is authorized or permitted to operate fcr this purpose
   by a relevant authority of the State where the site or facility is Iccated;
   (h)     "Competent authority- means one governmental authority designated by
   a Party to be responsible, within such geographical areas as the Party may
  think fit for receiving the notification of a transboundary movement of hazardous
  waste, and any information related to it, and for responding to such a
  notification;
  (i)      "Clean production methods" means those which avoid the generation of
  hazardous wastes in conformity with Articles 4 and 7 of this Protocol;
  (j)     "Environmentally sound management" of hazardous wastes means taking
  all practicable steps to ensure that hazardous wastes are collected, transported
  and disposed of (including after-care of disposal sites) in a manner which will
  protect human health and the environment against the adverse effects which
 may result from such wastes.;
  (k)    *Area under the national jurisdiction of a State" means any land, marine
 area or airspace within which -a State exercises administrative and regulatory
 responsibilities in accordance with international law in regard to the protection
 of human health or the environment;
 (I)      "State of export" means a Party from which a transboundary movement
 of hazardous wastes is planned to be initiated or is initiated;
 (m) "State of import" means a Party to which a transboundary movement of
 hazardous wastes is planned or takes place for the purpose of disposal therein
or for the purpose of loading prior to disposal in an area not under the national
jurisdiction of any State;
 (n)     "State of transit" means any State, other than the State of export or
import, through which a movement of hazardous wastes is planned or takes
place;
(o)      "Exporter" means any person under the jurisdiction of the State of export
who arranges for hazardous wastes to be exported;
(p)      "Importer" means any person under the jurisdiction of the State of import
who arranges for hazardous wastes to be imported;
                                                    ZG
 ---pagebreak---   UNEP(OCA)/MED W3.7S/4
  Pace 4
          (g)    "GeneraTtor" means any person whgse activity produces hazardous
          wastes or, if that person is not known, the person who is in possession and/cr
          control of thcs^e wastes;
          (r)    "Disposer" means any person to whom hazardous wastes are shipped
          and who carries out the disposal of such wastes;
          (s)    "Illegal traffic" means any transboundary movement cf hazardous wastes
         as specified ir Article 8;
          (t) "Person" means -any natural or legal person;
          (u) "Developing countries" means those countries which are not Member
         States of the Organization for Economic Co-operation and Development
         (OECD);n                                              ,                   _
         (v) "Developed countries" means those-countries which are Member States of "
         the Organization for Economic Co-operation and Development (OECD); n
         (w) "Organization" means the body referred to in Article 2 (b) of the
        Convention.                                                                  ^ .
Article 2 - Scope-of tre Protocol("'                                           v  • '
 1.     Hazardous wastes for the purposes of this Protocol shall be: :
        (a) Wastes that belong to any category in Annex 1 to this Protocol;
        (b) Wastes that are not covered under paragraph (a) above but are defined as,
       or are considered to be, hazardous wastes by the domestic legislation of the
       State of export, import or transit;
        (c) Wastes that possess any of the characteristics contained in Annex II to this
       Protocol;
       Reservation     by Israel
**     Reservation     by the European Economic Community
**     Reservation     by France
**     Reservation     by Spain
                                               zy
 ---pagebreak---                                                                  UNEP(OCA)/MED WG.79/4
                                                                                      Page 5
          (d) Hazardous substances that have been banned, whose registration has
          been canceled or refused through government regulatory action in the country
          of manufacture for. human health or environmental reasons, or have been
          voluntarily withdrawn or omitted from the government registration required for
          use in the country of manufacture.
  2.      Wastes which derive from the normal operations of ships, the discharge of
  v/hich is covered by another international instrument, are excluded from the scope of
  this Protocol.
  3.      The generator, the exporter or the importer, depending on the circumstances,
  shall bear the responsibility for checking with the competent authorities of the State of
  export, import or transit that a particular wastq, prior to its transboundary movement,
  is not subject to this Protocol. -.••"•.
 Article 3 - National definitions of hazardous wastes
  1.     Each Party to the Convention shall, within six months of becoming a Party,
 inform the Organization of the wastes, other than those listed in Annex I to this
 Protocol, considered or defined as hazardous wastes under its national legislation, and
 of any requirements concerning transboundary movement procedures applicable to
 such wastes.                                                                    ;:."
 2.      Each Party shall subsequently Inform the Organization of any significant
 changes in information it has provided pursuant to paragraph 1 of this Articie.
 3.      The .Organization shall inform all Parties of the information it has received
 pursuant to paragraphs 1 and 2 of this Article.
 4.      The Parties shall be responsible for making the information transmitted to them
 by the Organization under paragraph 3 of this Article available to their exporters.
Article 4 » General obligations
 1.      The Parties shall take all appropriate measures to prevent and eliminate
pollution of the Medrterranean Seà area which can be caused by transboundary
movements and disposal of hazardous wastes.
2.       The Parties shall take all appropriate measures to reduce to a minimum, and
where possible eliminate, the generation of hazardous wastes.
3.      The Parties shall also take all appropriate measures to. reduce to a minimum the
transboundary movement of hazardous wastes, and if possible to eliminate such
movement in the Mediterranean^
                                           2.%
 ---pagebreak---     UNEP(OCA)/MED WG.79/4
   Pace 6
          To achieve this goal, Parties have the right individually or collectively to ban the
   import of hazardous wastes. Other Parties shall respect this sovereign decision and
   not permit the expert of hazardous wastes to States which have prohibited their
   import.
  4.      All Parties shai! take appropriate legal, administrative and other measures within
  the area under their jurisdiction to prohibit the export and transit of hazardous wastes
  to developing countries, and Parties which are not Member States of the European
   Economic Community shall prohibit all imports and transit of hazardous wastes/''
  5.     The Parties shall cooperate with other United Nations agencies, relevant
  international and regional organizations in order to prevent illegal traffic, and shall take
  appropriate measures to achieve this goal, including criminal punishment measures
  in accordance with their national legislation.
 Article 5 - Transboundary movement and notification procedures
         In exceptional ca^es, unless otherwise prohibited, when hazardous wastes
 cannot be disposed of in an environmentally sound manner in the country in which
 they originated, transboundary movements of such wastes can be allowed if:
 1.      The special situation of the Mediterranean developing countries which do not
 have the technical capabilities nor the disposal facilities for the environmentally sound
 management of hazardous wastes is taken into consideration.                         "
 2.     The competent authority of the State of import ensures that the hazardous
 waste is disposed of in an approved site or facility with the technical capacity for its
 environmentally sound disposal.
3.      The transboundary movement of hazardous wastes only takes place with the
prior written notification of the State of export as specified in Annex IV to this Protocol,
and the prior written consent of the State(s) of import and the State(s) of transit
4.      Every State involved in a transboundary movement ensures that such
movement is consistent with international safety standards and financial guarantees,
in particular the procedures and standards set out in the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposai.
        Reservation by the European Economic Community
                                               £3
 ---pagebreak---                                                                  UNEP(OCA)/MED WG.79/4
                                                                                      Page 7
  Article 6 - Duty to reimport
          Tne State of export shall reimport the hazardous wastes if the transboundary
  movement cannot be completed by reason of impossibility of performance of the
  contract. To this end, any State of transit shall not oppose, hinder or prevent the
  return of those wastes to the State of export after being properly informed by the State
  of export.
  Article 7 - Reoignal ccgoeration
  1.       In conformity with Article 11 of the Convention, the Parties shall cooperate as
  far as possible in scientific and technological fields related to pollution from hazardous
 wastes, particularly in the implementation and development of new methods for
  reducing and eliminating hazardous waste generated through dean production
  methods.
 2.       To this end, the Parties shall submit annual reports to the Organization-
 regarding the hazardous wastes they generate and transfer within the area of the
 Convention in order to enable the Organization to produce a hazardous waste audit.
 3.       Tne Parties shall cooperate in taking appropriate measures to implement the
 precautionary approach based on prevention of pollution problems arising from
 hazardous wastes and their transboundary movement and disposal. To this end, the
 Parties shall ensure that clean production methods are applied to production
 processes.                                                                    -
 Article 8 - Illegal traffic
 1.       For the purpose of this Protocol, any transboundary movement of hazardous
wastes in contravention of this Protocol or of general principles of international law
shall be deemed to be illegal traffic.
2.       Each Party shall introduce appropriate national legislation to prevent and punish
illegal traffic, including criminal penalties on all persons involved in such illegal
activities.
3.       In the case of illegal traffic due to the conduct of the generator or the exporter,
the State of export shall ensure that the wastes in question are taken back by the
exporter or the generator or, if necessary, by itself, into the State of export within 30
days from the time the illegal traffic has come to its attention and that appropriate legal
action shall be taken against the contravenor(s).
4.       In the case of illegal traffic due to the conduct of the importer or disposer, the
State of import shall ensure that the wastes in question are eliminated according to
environmentally sound methods by the importer within 30 days from the time the illegal
                                            3©
 ---pagebreak---   UNEP(OCA)/MED W3.7S/4
  Pace 8
  traffic has come to-tr-e attention of the State of import; if not possible, the State of
  export shall ensure thai the wastes are taken back by the exporter, the generator or,
  if necessary, by itser into the State of export. The competent authorities of the
  importing or exporting States shall ensure that legal proceedings according to this
  Protocol are taken against the contravenor(s).
  5.       In cases where the responsibility for the illegal traffic cannot be assigned either
 to the exporter or gererator or to the importer or disposer, the parties concerned or
  other parties, as app'opriate, shall ensure, through cooperation that the wastes in
  question are disposée of as soon as possible in an environmentally sound manner
  either in the State of export or the State of import or elsewhere as appropriate.
 6.        The Parties shail forward, as soon as possible, ail information relating to illegal
 traffic to the Organization, which shail distribute the information to all Contracting
 Parties.
 7.       Tne Parties shail cooperate to ensure that no illegal traffic takes place. Upon
 request, the Organization shall assist Parties in their identificaticn of cases of illegal
 traffic and shall circulate immediately to the Parties concerned any information it has
 received regarding illegal traffic.
 8.       The Organization shall undertake the necessary coordination with the
•Secretariat of the Easel Convention in relation to the effective prevention and
 monitoring of illegal traffic in hazardous wastes. Such coordination will be mainly
 based on:
          (a)     Exchange of information on cases or alleged cases cf. illegal traffic in the
                  Mediterranean and coordination of action to remedy such cases;
          (b)    Providing assistance in the field. of capacity building including
                 development of national legislation and of appropriate infrastructure in
                 the Mediterranean States with a view to the prevention and penalization
                 of illegal traffic of hazardous wastes;
          (c)    The establishment of a mechanism to prevent and monitor illegal traffic
                 in hazardous wastes in the Mediterranean.
Article 9 - Assistance to developing countries
1.. ' The Parties shall, directly or with the assistance of competent or other
international organizations or bilaterally, cooperate with a view to formulating and
implementing programmes of financial and technical assistance to developing
countries for the implementation of mis Protocol.
                                              3/1
 ---pagebreak---                                                               UNEP(OCA)/MED WG.79/4
                                                                                    Page 9
 2.      To that purpose, thefirstmeeting of the Parties to this Protocol should consider
 the establishment of a regional centre for training and technical assistance in the field
 of hazardous wastes.
 Article 10 - Transmission of information
         Tne Parties shail inform one another 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 distribution of such
 information shall be determined at the meetings of the Parties.
 Article 11 « Information to and participation of the public
 1.      In the exceptional cases in which transboundary movement-of hazardous
 wastes is permitted under Article 5 of this Protocol, the Parties shall ensure thaf
 adequate information is made available to the public transmitted through such
 channels as the Parties deem appropriate.
 2.     The State of export and the State of import shall, in accordance with the
 provisions of this Protocol and whenever possible and appropriate, give the public an
 opportunity to participate in relevant procedures with the aim of making known its
views and concerns.
Article 12 - Verification
 1-     Any Party which has reason to believe that another Party is acting or has acted
in breach of its obligations under this Protocol must inform the Organization thereof,,
and, in such an event, shall simultaneously and immediately inform, directiy or through
the Organization, the Party against whom the allegations are made.
2.      The Organization shall carry out a verification of the substance of the allegation
and submit a report thereon to the Parties.
Article 13 - Liability and compensation
        The Parties shall cooperate with a view to setting out, as soon as possible,
appropriate guidelines for the evaluation of the (damage, as well as rules and
procedures in the field of liability and compensation for damage resulting from the
transboundary movement and disposal of hazardous wastes.
                                             3 2.
 ---pagebreak---   UNE?(OCA)/MED WG.7S/*
  Page 10
  Article 1^ - 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 14 of
 the Convention. The sarties to this Protocol may also hold extraordinary meetings in
 conformity with Artice 14 of the Convention.
 2.       Tne functions of the meetings of the Parties shall be, inter alia:
           (a)   To keep under review the implementation of this Protocol, and consider
           any additional measures, including in the form of annexes;
           (b)   To revise and amend any annex to this Protocol;'
          (c)    To forr-:ulate and adopt programmes, methods and measures in
        • accordance w~h the relevant Articles of this Protocol;                        ^
          (d) To consice-" any information submitted by the Parties to the Organization or
         to the meetings of the Parties in accordance with the relevant Articles of-this
          Protocol;
          (e) To perform such other functions as may be appropriate for the application
         of this Protocc ".
Articie 15 • Adoption
         Tne meeting, cf the Parties shall adopt, by a two-thirds (2/3) majority, any
additional programmes and measures for the prevention and elimination of pollution
from transboundary movements of hazardous wastes and their disposal.
Articie 16 - Final clauses
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 18
of the Convention shall apply with respect to this Protocol, unless the Parties to this
Protocol agree otherwise.
3.      This Protocol shall be open for signature at                              , from
                       to                   , and at Madrid from _ _ j                 to
                  _, by any State invited to the Conference of Plenipotentiaries of the
Coastal States of the Mediterranean Region on the Prevention of Pollution of the
                                       S3
 ---pagebreak---                                                                 UNEP(OCA)/MED WG.79/4
                                                                                    Pa^c 11
 Mediterranean Sea resulting from the Transboundary Movements of Hazardous
Wastes and their Disposal 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 Mediterranean Sea Area and
which exercises competence in the fields covered by this Protocol.
4.      This Protocol shall be subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the
Government of Span, which will assume the functions of Depositary.
5.      As from                        this Protocol shall be open for accession by the
States referred to in paragraph 3 above, by the European Economic Community and
by any grouping referred to in that paragraph.
6.      This Protocol shall enter into force on the thirtieth (30) day following the deposit
of at least six (6) instruments of ratification, acceptance or approval of, or accession
to, the Protocol by the Parties referred to in paragraph 3 of this Articie.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective^
Governments, have signed this Protocol.
Done at _ _ _ _ _ _ _ _ _ on this _____ day of       .- • •         in a single copy in the
Arabic, English, French, and Spanish languages, the four texts being equally
authoritative.                                                                      .
                                               3^
 ---pagebreak---  UNE?(CCA)/MED W3./S/4
Appendix
pace 12
                                       ANNEX
         CATEGORIES OF WASTES WHICH ARE HAZARDOUS WASTES
 Waste Streams:
 YO    All wastes ccntaning or contaminated by radionuclides, the concentration or
       properties of which result from human activity
Y1     Clinical wastes from medical care in hospitals, medical centres and clinics
 Y2    Wastes from the production and preparation of pharmaceutical products
 Y3    Waste pharmaceuticals, drugs and medicines
Y4     Wastes from the production, formulation' and use of biocides - and,
       phytopharmaceuticals •
Y5     Wastes from manufacturing, formulation and use of wood preserving chemicals
Y6     Wastes from the production, formulation and use of organic solvents
Y7     Wastes from heat treatment and tempering operations ccntaining cyanides
Y8     Waste mineral oils unfit for their originally intended use
Y9    Waste oils/water, hydrocarbons/water mixtures, emulsions
Y10   Waste substances and articles containing or contaminated with polychlorinated
      biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or
      polybrominated biphenyls (PBBs)
Y11   Waste tarry residues arising from refining, distillation and any pyrolytic treatment
Y12   Wastes from production, formulation and use of inks, dyes, pigments, paints,
      lacquers, varnish
Y13   Wastes from production, formulation and use of resins, latex, plasticizers,
      glues/adhesives -
      Reservation by the European Economic Community
      Reservation by France
      Reservation by Spain
                                         •5-T
 ---pagebreak---                                                          UNEP(OCA)/MED WG.7S/4
                                                                          Appendix
                                                                            page 13
Y14    Waste chemical substances arising from research and development or teaching
       activities which are not identified and/or are new and whose effects on man
       and/or the environment are not known
 Y15   Wastes of an explosive nature not subject to other legislation
Y16    Wastes from production, formulation and use of photographic chemicals and
       processing materials
Y17    Wastes resulting from surface treatment of metals and plastics
Y18    Residues arising from industrial waste disposal operations
Y46  ' Wastes collected from households, including sewage and sewage sludges
Y47    Residues arising from the incineration of household wastes
Wastes having as constituents:
Y19   Metal carbonyls
Y20   Beryllium; beryllium compounds
Y21   Hexavalent chromium compounds
Y22   Copper compounds
Y23  Zinc compounds
Y24  Arsenic; arsenic compounds
Y25  Selenium; selenium compounds
Y26  Cadmium; cadmium compounds .
Y27  Antimony; antimony compounds
Y28  Tellurium; tellurium compounds
Y29  Mercury; mercury compounds
Y30  Thallium; thallium compounds
Y31  Lead; lead compounds
Y32  Inorganicfluorinecompounds excluding calcium fluoride
                                            3C
 ---pagebreak---    UNE?(OCA)/MED WG.7S/4
  Appendix
  page 14
  Y33   Inorganic cyanides
            <
  Y34   Acidic solutions or acids in solid form
  Y35   Basic solutions, or bases in solid form
  Y36   Asbestos (dus: and fibres)
  Y37   Organic phcspnorus compounds
  Y38   Organic cyanic es
* Y39   Phenols; phenolic compounds including chlorophenols
  Y40   Ethers
  Y41   Halcgenated crganic solvents
  Y42  Organicsolvents excluding haiogenated solvents
  Y43  Any congener of polychlorinated dibenzo-furan
  Y44  Any congener of polychlorinated dibenzo-p-dioxin
  Y45  Orgsnohalogen compounds other than substances referred to in this Annex
       (e.g. Y39, Y41, Y42, Y43, Y44).
                                          31
 ---pagebreak---                                                          UNEP(OCA)/MED WG.79/4
                                                                             Appendix
                                      ANNEX II                                Page 15
                  LIST OF HAZARDOUS CHARACTERISTICS
 UN     Code        Characteristics
 Class'
 1      H1          Explosive
                   An explosive substance or waste is a solid or liquid substance or
                   waste (or mixture of substances or wastes) which is in itself
                   capable by chemical reaction of producing gas at such a
                   temperature and pressure and at such a speed as to cause
                   damage to the surroundings.
        H3         Flammable liquids
                   The word "flammable" has the same meaning as "inflammable"^
                   Flamrhable liquids are liquids, or mixtures of liquids, or liquids
                   containing solids in solution or suspension (for example paints,
                  varnishes, lacquers, etc., but not including substances or wastes
                  otherwise classified on account of their dangerous characteristics)
                  which give off aflammablevapour at temperatures of not more
                  than 60.5 degrees C, closed-cup test, or not more than 65.6
                  degrees C, open-cup test. (Since the results of open-cup tests
                  and of closed-cup tests are not strictly comparable and even
                  individual results by the same test are often variable, regulations
                  varying from the above figures to make allowance for such
                  difference would be within the spirit of this definition.)
4.1 * H4.1        Rammable solids
                  Solids, or waste solids, other than those classed as explosives,
                  which under conditions encountered in transport are readily
                  combustible, or may cause or contribute to fire through friction.
4.2   H4.2        Substances or wastes liable to spontaneous combustion
                  Substances or wastes which are liable to spontaneous heating
                  under normal conditions encountered in transport, or in heating
                  up on contact with air, and being liable to catch fire.
      Corresponds to the hazardous classification system included in the United
      Nations Recommendations on the Transport of Dangerous Goods
      (ST/SG/AC.10/1/Rev.5, United Nations, New York, 1988)
                                       3 g
 ---pagebreak--- UNEP(OCA)/MED W3.7S/4
Appendix
page 16
     4.3 ~ *H4.3   S jbstances or wastes which, in contact with water emit flammable
                   cases
                   S jbstances or wastes which, by interaction with water, are liable
                   to become spontaneously flammable or to give off flammable
                   cases in dangerous quantities.
     5.1   H5.1    Oxidizing
                   S jbstances or wastes which, while in themselves not necessarily
                   combustible, may generally by yielding cxygen, cause or
                   contribute to the combustion of other materials.
     5.2   H5.2    Organic peroxides
                   Organic substances cr wastes which contain the bivalent-O-O-
                   structure a/e thermally unstable substances v;hich may undergo
                   exothermic self-accelerating decomposition.-
     6.1   H6.1    Poisonous (Acute)
                   Substances or wastes liable either to cause death or serious
                   injury or to harm human health if swallowed or inhaled or by skin
                   contact       -
     6.2   H6.2   Infectious substances
              ^    Substances or wastes containing viable microorganisms or their
                  toxins which are known or suspected to cause disease in animals
                  or humans.
     8     H8      Corrosives
                  Substances or wastes which, by chemical action, will cause
                  severe damage when in contact with living tissue, or in the case
                  of leakage, will materially damage, or even destroy, other goods
                  or the means of transport; they may also cause other hazards.
     9     H10     Liberation of toxic gases in contact with air or water
                  Substances or wastes which, by interaction with air or water, are
                  liable to give off toxic gases in dangerous quantities.
     9     H11    Toxic (Delayed or chronic)
                   Substances or wastes which, if they are inhaled or ingested or if
                  they penetrate the skin, may involve delayed or chronic effects,
                   including carcinogenicity.
 ---pagebreak---                                           UNEP(OCA)/MED WG.79/4
                                                             Appendix
                                                              page 17
H12  Ecotoxic
    Substances or wastes which if released present cr may present
    immediate or delayed adverse impacts on the environment by
    means of bioaccumulation and/or toxic effects upon bioti'c
    systems.
H13 Capable, by any means, after disposal, of yielding another
    material, e.g. leachate, which possesses any of the characteristics
    listed above.
                            Mo
 ---pagebreak---  UNE?fOCA)/MED V/G.79/4
AppencU*
 pace 18
                                         ANNEX III
                               DISPOSAL OPERATIONS
        The list of disposal operations contained in this Annex refects those which
 occur or have occurred in practice. It does not necessarily reflect a list of acceptable
 disposal operations. Pursuant to Articles 4 and 5 of this Protocol, hazardous wastes
 must in any event be managed in an environmentally sound manner.
 A.     Operations v/hich do not lead to the possibility of resource recovery,
        recycling, reclamation, direct reuse or alternative uses.
        Section À encompasses ail such disposal operations whicr occur in practice.
D1      Deposit into or onto land (e.g. landfill^ etc.)
D2      Land treatment (e.g. biodégradation of liquid or sludgy "discards in soils, etc.)
D3      Deep injection (e.g. injection of pumpable discards into wells, salt domes or
        naturally occurring repositories, etc.)
D4      Surface impoundment (e.g. placement of liquid or sludge discards Into pits,
        ponds, lagoons, etc.)
D5      Specially engineered landfill (e.g. placement into lined discrete cells which are
       capped and isolated from one another and the environment, etc.)
D6      Release into a water body except seas/oceans
D7     Release into seas/oceans including sea-bed insertion
D8     Biological &eatment not specified elsewhere in this Annex which results in final
       compounds or mixtures which are discarded by means of any of the operations
       in Section A
D9     Physico-chemical treatment not specified elsewhere in this Annex which results
       in final compounds or mixtures which are discarded by means of any of the
       operations in Section A (e.g. evaporation, drying, calcination, neutralization,
       precipitation, etc.)
D10    Incineration on land
D11    Incineration at sea
D12   Permanent storage (e.g. emplacement of containers.in mines, etc.)
                                           If /»
 ---pagebreak---                                                           UNEP(OCA)/MED WG.79/4
                                                                            Appendix
                                                                             page 19
 D13  Blending or mixing prior to submission to any of the operations in Section A
 D14  Repackaging prier to submission to any of the operations in Section A
 D15  Storage pending any of the operations in Section A
 B.   Operations which may lead to resource recovery, recycling, reclamation,
      direct reuse or alternative uses.
      Section B encompasses all such operations with respect to materials legally
      defined as or considered to be hazardous wastes and which otherwise would
      have been destined for operations included in Section A.
R1    Use as a fuel (other than in direct incineration) or other means to generate
      energy                                           ,,                         _
R2   Solvent reclamation/regeneration
R3   Recycling/reclamation of organic substances which are not used as solvents
R4   Recycling/reclamation of metais and metal compounds
R5   Recycling/reclamation of other inorganic materials
R6   Regeneration of acids or bases
R7   Recovery of components used for pollution abatement
R8   Recovery of components from catalysts
R9   Used oil re-refining or other reuses of previously used oil
R10  Land treatment resulting in benefit to agriculture or ecological improvement
R11  Uses of residual materials obtained from any of the operations numbered R1-
     R10
R12  Exchange of wastes for submission to any of the operations numbered R1-R11
R13  Accumulation of material intended for any operation in Section B
                              4a
 ---pagebreak---   UNEP(OCA)/MED WS.79/4
 Appendix
 page 20
                                    ANNEX IV (A)
              INFORMATION TO BE PROVIDED ON NOTIFICATION
 1.    Reason for waste export;
 2.    Exporter of the waste _/;
 3.    Generator(s) cf the waste and site of generation!/;
 4.    Importer and disposer of the waste and actual site of disposal!/;
 5.    Intended carrier(s) of the waste or their agents, if known _/;
6.     Country of export of the waste
       Competent authority 2/;
7.     Expected countries of transit
      Competent authority 2/;
8.    Country of import of the waste
      Competent authority 2/;
9.    Projected date(s) of shipment(s) and period of time over which waste is to be
      exported and proposed itinerary (including point of entry and exit) 3/;
10.   Means of transport envisaged (road, rail, sea, air, inland waters);
11.   Information relating to insurance 4/;
12:   Designation and physical description of the waste including Y number and UN
      number and its composition 5/ and information on any special handling
      requirements including emergency provisions in case of accidents;
13.   Type of packaging envisaged (e.g. bulk, drums, tanker);
14.   Estimated quantity in weight/volume 6/;
15.   Process by which the waste is generated 7/;
16.   Code according to ANNEX I, classifications according to ANNEX II, H number,
      and UN class;
17.   Method of disposal as per ANNEX HI;
                                            ^5
 ---pagebreak---                                                           UNEP(OCA)/MED WG.79/4
                                                                             Appendix
                                                                              page 21
 18.    Declaration by the generator and exporter that the information is correct;
 19.    information transmitted (including technical description of the plant) to the
        exporter or generator from the disposer of the waste upon which the latter has
        based his assessment that there is no reason to believe that the waste will not
        be managed in an environmentally sound manner in accordance with the laws
        and regulations of the country of import;
 20.    Information concerning the contract between the. exporter and the disposer.
                                        NOTES
       The Organization should make use of a Notification Form and accompanying
 documents such as those developed within the framework of the Basel Convention,
the OECD and the European Economic Community. /                                       ,
!/     Full name and address, telephone, telex or telefax number and the name,
       address, telephgne, telex gr telefax number gf the person to be contacted.
2/     Full name and address, telephone, telex or telefax number.
3/     In the case of a general notification covering several shipments, either the
       expected dates of each shipment or, if this is not known, the expected
      frequency of the shipments will be required.
4/    Information to be provided on relevant insurance requirements arid how they
      are met by exporter, carrier and disposer.
5/    The nature and the concentration of the most hazardous components, in terms
      of toxicity and other dangers presented by the waste both in handling and in
      relation to the proposed disposal method.
6/    In the case of a general notification covering several shipments, both the
      estimated total quantity and the estimated quantities for each individual
      shipment will be required.
7/    Insofar as this is necessary to assess the hazard and determine the
      appropriateness of the proposed disposal operation.
                                          iw
 ---pagebreak---  UNEP(OCA), MED Y.-f2.7^/4
Appendix
^age 22
                                      ANNEX IV (B)
      INFORMATION' TO BE PROVIDED ON THE MOVEMENT DOCUMENT
  1.    Exporter of Xre waste!/;
 2.     Generators) di the waste and site of generation ! / ;
 3.     Disposer of tr.e waste and actual site of disposal _ / ;
 4.     Carrier(s) of tr.e waste!/ cr his agent(s);
 5.    The date the ransboundary movement started and date(s) and signature on
        receipt by eacn person who takes charge of the waste;
 6.  . Means of transport (road, rail, inland waterway, sea, air) including countries of
        export, transi: and import, also point of entry and exit where these have been
       designated;
 7.    General description of the waste (physical state, proper UN shipping name and
       class, UN number, Y number and H number as applicable);                   ;
 8.    Information on special handling requirements including emergency provision in
       case of accidents;
9.     Type and number of packages;
 10.   Quantity in weight/volume;
11.    Declaration by the generator or exporter that the information is correct;
12.    Declaration by the generator or exporter indicating no objection from the
       competent authorities of all States concerned which are Parties;
13.    Certification by disposer of receipt at designated disposal facility and indication
       of method of disposal and of the approximate date of disposal.
14.    The insurance documents, bond or other guarantee as may be required by the
       Parties, as provided in Article 5, paragraph 4.
                                         NOTES
      The Organization should make use of a Movement Document and
accompanying documents such as those developed within the framework of the Basel
Convention, the OECD and the European Economic Community.
 ---pagebreak---                                                           UNEP(OCA)/MED WG.79/4
                                                                             Appendix
                                                                              page 23
       The information required on the Movement Document shall where possible be
integrated in one document with that required under jtransport rules. Where this is not
possible, the information should complement rather than duplicate that required under
the transport rules: The Movement Document shall carry instructions as to who is to
provide information and fill out any form.
!/     Full name and address, telephone, telex or telefax number and the name,
       address, telephone, telex or telefax number of the person to be contacted in
       case of emergency.
                                           <iC
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