CELEX: 51996PC0063
Language: fi
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)

EUROOPAN YHTEISÖJEN KOMISSIO
•tr     *
                                          Bryssel, 26.02.1996
                                          KOM(96) 63 IopuU.
                              Ehdotus
                   NEUVOSTON PÄÄTÖKSEKSI
        VÄLIMEREN SUOJELEMISTA MAALTA PERÄISIN OLEVALTA
     PILAANTUMISELTA KOSKEVAN TARKISTETUN PÖYTÄKIRJAN JA
    VAARALLISTEN JÄTTEIDEN MAAN RAJAN YLITTÄVISTÄ SIIRROISTA
        AIHEUTUVAN VÄLIMEREN PILAANTUMISEN ESTÄMISTÄ JA
VAARALLISISTA JÄTTEISTÄ HUOLEHTIMISTA KOSKEVAN PÖYTÄKIRJAN
                      ALLEKIRJOITTAMISESTA
                   (BARCELONAN YLEISSOPIMUS)
                        (komission esittämä)
 ---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.
 ---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.
 ---pagebreak---                             Ehdotus
                   NEUVOSTON PÄÄTÖKSEKSI
      VÄLIMEREN SUOJELEMISTA MAALTA PERÄISIN OLEVALTA
   PILAANTUMISELTA KOSKEVAN TARKISTETUN PÖYTÄKIRJAN JA
 VAARALLISTEN JÄTTEIDEN MAAN RAJAN YLITTÄVISTÄ SIIRROISTA
      AIHEUTUVAN VÄLIMEREN PILAANTUMISEN ESTÄMISTÄ JA
VAARALLISISTA JÄTTEISTÄ HUOLEHTIMISTA KOSKEVAN PÖYTÄKIRJAN
                    ALLEKIRJOITTAMISESTA
                 (BARCELONAN YLEISSOPIMUS)
                                    <-/
 ---pagebreak--- EUROOPAN UNIONIN NEUVOSTO, joka
ottaa huomioon Euroopan yhteisön perustamissopimuksen,
ottaa huomioon komission ehdotuksen,
sekä katsoo, että
yhteisö on Välimeren suojelemista pilaantumiselta koskevan yleissopimuksen1
(Barcelonan yleissopimuksen) ja sitä koskevien neljän pöytäkirjan sopimuspuolena2,
komissio on osallistunut yhteisön nimissä Barcelonan yleissopimuksen sopimuspuolten
perustamien työryhmien yhteydessä neuvotteluihin suojelemista maalta peräisin olevalta
pilaantumiselta koskevan pöytäkirjan tarkistamisesta ja vaarallisten jätteiden maan rajan
ylittävistä siirroista aiheutuvan pilaantumisen estämistä ja vaarallisista jätteistä
huolehtimista koskevan pöytäkirjan laatimisesta,
kyseisten pöytäkirjojen soveltamisalat kuuluvat ainakin osittain yhteisön toimivaltaan, ^
komissio on antanut neuvostolle kertomuksen neuvottelujen myönteisistä tuloksista
antaakseen tälle mahdollisuuden lopullisen kannan hyväksymiseen,
on hyväksyttävä suojelemista maalta peräisin olevalta pilaantumiselta koskeva tarkistettu
pöytäkirja ja vaarallisten jätteiden maan rajan ylittävistä siirroista aiheutuvan
pilaantumisen estämistä ja vaarallisista jätteistä huolehtimista koskeva pöytäkirja ja
annettava ne sopimuspuolten allekirjoitettaviksi täysivaltaisten edustajien kokouksissa,
jotka pidetään Syracusassa 7 ja 8 päivänä maaliskuuta 1996 sekä vuoden 1996 toisen
vuosipuoliskon kuluessa, ja
on tärkeää, että yhteisö voi allekirjoittaa kyseiset kaksi pöytäkirjaa, jollei myöhemmin
toisin päätetä,
 1
   EYVL N:o L 240, 19.9.1977, s. 1 ja 3
 2
   EYVL N:o L 240, 19.9.1977, s. 1 ja 12
   EYVL N:o L 162, 19.6.1981, s. 4
   EYVL N:o L 67, 12.3.1983, s. 1
   EYVL N:o L 68, 10.3.1984, s. 36
                                                       r
 ---pagebreak--- ON PÄÄTTÄNYT SEURAA VA A:
                                     AINOA ARTIKLA
Valtuutetaan neuvoston puheenjohtaja nimittämään henkilö tai henkilöt, jolla tai joilla on
valtuudet allekirjoittaa Välimeren suojelemista pilaantumiselta koskevan yleissopimuksen
yhteydessä yhteisön nimissä suojelemista maalta peräisin olevalta pilaantumiselta koskeva
tarkistettu pöytäkirja ja vaarallisten jätteiden maan rajan ylittävistä siirroista aiheutuvan
pilaantumisen estämistä ja vaarallisista jätteistä huolehtimista koskeva pöytäkirja, jollei
myöhemmin toisin päätetä, ja antamaan kyseiselle henkilölle tai kyseisille henkilöille tätä
varten tarvittava toimivalta.
                                                              Tehty Brysselissä
                                                              Neuvoston puolesta
                                                              Puheenjohtaja
 ---pagebreak---                                                               UNB»(OCA)/MED WGL107/3
                                                                                     page 1
     AMENDMENTS 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 AfâAINST
     POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES
                                                                        l
     B. PREAMBULAR PARAGRAPHS
                                                                        i
     The 1 st preambular paragraph of the Protocol is amended as follows:
           Being Parties to the Convention for the.Protection of the Mediterranean Sea
     against Pollution, adopted at Barcelona on f 6 February 1976 and amended o n . - . .
     The 3rd preambular paragraph of the Protocol is amended as follows:
           Noting the increasing environrnental 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,                                                            I       I
     After the 3rd preambular paragraph a new preambular paragraph is insetted as
                                                                         !
     follows:
           Taking account of the precautionary principle and the polluter; pays»principle.
     and applying the environmental .impact assessment, best availabletechniquesand
[[]] 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 living re sources
      and human health by pollution from Iand*based sources and activities and the
      serious problems resulting therefrom in many coastal waters andriVerestuaries of
     the Mediterranean Sea, primarily due to tfte release of untreated, insufpcientiy
     treated or inadequately disposed of domestic/or industrial discharges and to the
      input of toxic, persistent and bioaccurnulative substances,;                 i
                 The part in double square, brackets in this paragraph is added by the
                 Secretariat in reference to article 4 of the amended Convention
                                         3
 ---pagebreak--- UNEP(OCA)/MED WÔ.107/3
page 2
The 6th preambular paragraph of the Protocol is amended as follows:
                                                >                       i
      Determined to take in dose cooperation the necessary measures to protect the
Mediterranean Sea against pollution from land-based sources and activities.
                                                                        !
Q- ARTICLE 1
A title is inserted and the text is amended as follows:
                                        Article J
                              GENERAL UNDERTAKINGS
      The Contracting Parties to this Protocol (hereinafter' referred to Jas "the
Parties") shall take all appropriate measures, to prevent, abate, combat and
eliminate to-the fullest possible extent pollution of the Mj^rcerrdnean sjsa Area
caused by the discharges from rivers, coastal establishment «or outfalls, or
 emanating from any-other land-based sources and activities:within îheir territories,
 with priority given In particular to the phasing out of inputs of toxic^ persistent and
 bioaccurnulative substances.
 pT ArTPOE Z
 A tide is inserted. The texts of paragraphs (a) and (d) of Article 2 are amended as
 follows:                                                                 I
                                                                • • i      • .
                                                                :         \
                                         Article 2                        I .
                                       DEFINITIONS
 (a)   "The Convention" means the Convention for the Protection j of the
       Mediterranean Sea against Pollution, adopted at Barcelona on 16 February
       1976 and amended on ....;
                                                                               î
  (d) .The " Hydrologie Basin" means the entire watershed area within the territories
       of the Contracting Parties, draining into the Mediterranean Sea Area asjdefined
       by artide 1 of the Convention.
 ---pagebreak---                                                            UNEP(OCA)/j\AED V^S.107/3
                                                                               page 3
^ ARTICLE 3                                                   :       !
A titie is inserted and the following new paragraph is added to Artide 3:
                                        Article 3
                             GEOGRAPHICAL COVERAGE                    j
(abis) (re-numbered as (b))
                                                          •           !
       The hydrologie basin of the Mediterranean Sea Area..
                                                .                      i
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 olF Artide
4 are amended as follows:
                                         Article &.
                                    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 Parlies which may affect
       directly or indirectly the Mediterranean Sea Area. These discharges shall
       indude 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 II to this
       Protocol.
 The following new paragraph is added to Artide 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', 2, and 4 of Article 5 are amended as
   follows:                                                             !
                                         Article ,5              '      j
                                  GENERAL OBLIGATIONS                   :
                                                                 ; -     i
    1 . The Parties undertake to eliminate pollution derivingfromland-based sources
   and activities, in particular to phase out toxic, persistent ahd bfoapcumul stive
[[ inputs of the substances listed In annex I. (Pnputs of the .toxic, persistentand
13 bioaccurnulative substancesfrom the list m aiinexl, section C to tfus Protocol.]]*
   2. To this end they shall elaborate and implement, individually or jointly, as
   appropriate, national .and regional programmes and action pleins, containing
   measures andtimetablesfor their Implementation.
    Paragraph 3 is deleted
   4.     (re-numbered as 3)
         The priorities andtimetablesfor implementing the programmes, measures and
   action plans shad be adopted by the Parties taking into account the elements set
   out in annex I and shall be periodically reviewed.                           j
                                                                                I
   The following new paragraphs are added to Article 5:                         j
   4. When adopting programmes, measures and action plane, the Parties snail take
   into account, either individually or jointly, the best available techniques for point
    sources and the best environmental practices for point and diffusé sources
[[ Induding, where appropriate, dean production technologies! [[/taking into account
]] the criteria set forth in annex IV]].**
    5. The Parties shall take preventive measures- to reduce to the minimum(the risk
   of pollution caused by acddents.
                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
                Secretariates a necessary reference to the new Annex IV.
                 ...-. « r — — r
                                             A o
 ---pagebreak---                                                           UNB»(OCA)/MED WG. 107/3
                                                                                   page 5
H. ARTICLE 6
A title is inserted and text of Artide 6 is replaced by the followingitext:
                                                                :       {      \
                                        Article 6
                    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, ahall be strictly subject
t o authorization or regulation by the competent authorities ofjthe Parities* tal Ing due
account of the provisions of annex II to this Protocol. Such authorization or
regulation shall be in conformity with relevant dedsîorts or ra&irtmehdations 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.
                                                               :       I
3.     The Parties may be assisted by the Organisation, upon reo^esti in establishing
n e w , or strengthening existing, competent structures for mspectiorji of compliance
with authorizations and regulations. Such assistance shall mdudeispedal training
of personnel.
4.     Each Party shall consider establishing appropriate sanctions jrn case} of non-
 compliance within its own territories.
 I. ARTICLE 7
 A tide is inserted. The texts of sub-paragraph (e) of paragraph 1 and paragraph 3
 of Article 7 are amended as follows:
                                        Article 7
                 COMMON GUIDELINES, STANDARDS AND CRITERIA
 (e)    Specific requirements concerning the quantities of the substances J listed in
       annex I, discharged, their concentration in effluents and methods of
        discharging them.
 3.     The programmes, measures and action plans referred to in erodes 5 and 15
 shall be adopted by taking into account, for their progressive implementation, the
 capacity to adapt and reconvert existing installations,, the economic capac rty of the
 Parties and their need for development.
                                     14
 ---pagebreak--- UNEPCOCA1/MED WG. 107/3
page 6
J.ARTICLEs                                      .  ;.       •; i        j
A title Is inserted and the text of Article 8 is amended as follows: ?
                                        Article 8
                                     MONITORING
       Within the framework of the provisions of, and the monitoring programmes
provided for, in article 1 2 of the Convention, and if necessary in coopérât on with
the compétent international organizations, the Parties shall carry out at the earliest
possible date monitoring activities In order
 (a)   Systematically to assess, as far as possible, the levels of pollution along their
       coasts, in particular with regard to thesectors of activities arid categories of
       substances or sources listed in annex Land periodically to provide information
       in this respect;                                         j      !
 (b)   To evaluate the effectiveness of programmes, measures arid action plans
       implemented under this Protocol to efirrrinate to the fullest possible extent
       pollution of the marine environment.                            j
 K. ARTICLE 9
 A title is inserted and the text of Article 9 is amended as follows:!
                                         ÀrtideS
                     SCIENTIFIC AND TECHNICAL COOPERATION               j
                                                              • :       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 development 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 Artide 9:
  (c)   Promote access and transfer of environmentally sound technology including
        dean production technology.
                                      At
 ---pagebreak---                                                          UNEP(OCA)/iyiED WG.107/3
                                                                                   I page 7
K ARTIOE 10                                                             i ,
                                                                       i
A title is inserted and the text of Artide 10 is amended as follows:
                                                              :        Î
                                         Article 10                   •
                                ' TECHNICAL ASSISTANCE " ! " |
                                                              •        5
1 . The Parties shall, directiy or with the assistance of competent regionalsr other
international organizations, bilaterally or mutuTàtBralty, cooperate with a iriew to
fbrmulating and, as far as possible, implementing prograrhmes of assistance to.
developing countries, particularly in the fields of sdence, education andid t techn  ology,
                                                                              e d nolo]
with a view to preventing, reducing or, a? appropriate, phasing out in           inputs of
pollutants from land-based sources and activities and their harmful effects in the      <
marine environment.                                               i l
2. Technical assistance would indude, In particular, the training of sdenjthlc 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 to'be'agreed, upon amotng the) Parties
 concerned.                                               '   i •    !
 M. ARTICLE 11
 A title is inserted as follows:
                                         Article 11
                               TRANSBOUNDARY POLLUTION
 N. ARTICLE 12
                                                              !       !
 A tftie is Inserted and the text of paragraph 1 of Artide 12 is amerided asjfollows:
                                         Article .12                 j      .
                                  SETTLEMENT OF DISPUTES
                             •     • • •  •   .                      !         '
 1. Taking into account article 28, paragraph 1 , of the Convention, wr en land-
 based pollution originating from the territory of one Party is likely to prejudice
 directiy the Interests 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.                     \
                                              AI
 ---pagebreak--- UNBHOCAJ/MED WG. 107/3
page 8
Ch AFmCLE 13
                                                                       J
A title is inserted. The texts of paragraph 1 ; the first sentence of paragraph 2 and
sub-paragraph (d), paragraph 2 of Article 13 are amended as follows:
                                         Article Ï3            i        j
                                         REPORTS                       }
1 . The Parties shall submft reports every two years to the rneetingsj of the
Contracting Parties, through the Organization, of measures taken, results a Sieved
and, rf the case arises, of difficulties encountered in the application öf this P rotocol.
Procedures for the submission of such reports shall be determined at the meetings
of the Parties.                                                         !
2.    Such reports shall include, inter alia:
(d)   Programmes* measures and action plans brtplemented in accordance with
      articles 5, 7 and 15 of this Protocol. .
P. ARTICLE 14
                                                                       .»,
A title is inserted. The texts of paragraph 1 and of sub-paragraph Ka), (c) and (f).
of paragraph 2 of Article 14 are amended as follows:                    \
                                                                         !
                                         Article 14
                                         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 arjticle 18
of the Convention. The Parties may also hold extraordinary meetings in accordance
with article 18 of the Convention.
2
(a)   To keep under review the implementation of this Protocol and ko consider the
       efficacy of the programmes, measures and action plans adopted;
                  •                                 t                     i     j
 (c)   To formulate and adopt programmes and measures in accordance Witharticles
       5, 7 and 15 of this Protocol;
 (f)   To consider the reports submitted by the Parties under article 13 of this
       Protocol.                                  \
                                    .  !    •'•
 ---pagebreak---                                                                UNEF?(OCA)/IVIED WÇ.107/3
                                                                                    page. 9
     Q. ARTICLE 15                                                          j
     A title is inserted and the text of paragraph .1 of Article 15 is amended as follows:
                                                                     •      «
                                             Article 15                     |
                           ADOPTION OF REGIONAL PROGF^AMMÈS,                \
                                MEASURES AND ACTION PLANS ;                 j
                                                     • •             ,       <
     1 . The meeting of the Parties shall adopt, by a two^thjrds majority, the regional
     programmes and short-Term and medium-term action plans containing meas ires and
     timetables for their implementation provided for in article 5 of this Protocol.
                                                                     i       * • •
     The text of paragraph 2 of Article 15 is replaced by the following texts:
                   '•                                 : :             1      i
     2. Regional programmes and action pians as referred to in paragraph 1 bhafl be
     formulated by the Orgariization;xxmsfdered and approved by the relevant u chnioal
(I   body of the Contracting Parties [[recommended for approval by the Meet ng of
]]   National Coordinators for MED POL]]* within one year at the latest of ti te entry
     into force of the amendments to this Protocol. Such regional prpgramr ies arid
      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.                                j
      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 an objection wfthln sixty days of the date of their
1     adoption].                                                              I
aa    4. The Parties which have not [voted for] [accepted] certain measures or
i     timetables [or which have notified an objection in accordance with; the preceding
]     paragraph,] 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.                   •!•
      pT ARTICLE 16                                                            j
      A title is inserted and the text of paragraph 2 of Article 16 is amended as follows:
                                                                               l
                                              Article-16
                                         FINAL PROVISIONS
       2. The rules of procedure and the financial rules adopted;pursuant to article 24
       of the Convention shall apply with respect ;to this Protocol, unless the Parties to
      this Protocol agree otherwise.                                            I
                   The part in double square brackets in this paragraph is changée! by the
                   Secretariat for an accurate legal formulation of the text.1.     j
                                                                                 ;  i
                                              AS
 ---pagebreak---   UNEP(OCA)/MED WG.107/3
  page 10
  $. AhiNEXf
  Annex 1 is replaced by a new Annex I as follows:
                                       ANNEX I
       ELOflENTS TO BE TAKEN INTO ACCOUNT IN THE PREPARATION
         OF PROGRAMMES AND MEASURES FOR THE ELIMINATION CJF
           POLLUTION FROM LAND-5ASED SOURCES ANjD ACTIVITIES
       This annex contains elements which will be taken into account in the
  préparation of programmes, measures and action plans! fertile elimination of
  pollution from land-based sources and activities referred to in articles p, 7 and
  15 of this Protocol.                                          .   i
       Such programmes, measures and action plans will aimto|cover sectors
  of activities listed In section A of this aniiex. They mayjalso cover groups of
  substances cutting across the sectors of actfvfoes. Substances Included in
  such programmes, measures and action plans will be selected on the fjasis of
  the characteristics listed in section B of tills annex. Section Ç of this annex
  includes various groups of substances selected on the | basis, i of the
  characteristics listed In Section B. Priorities-for action should be established
  on the basis of relative importance of the impact ojn public health, the
  ecosystem and socioeconomic cultural conditions. Such programmes|should
  cover point sources, diffuse sources and atmospheric deposition.
  A.   SECTORS OF ACTIVITIES                                        .;
                                                              1
                                                                      I
       The following sectors of activities, not In priority order, will be primarily
  considered when setting priorities for the préparation 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---                                                               UNEr|(OCA)/MED WJ3.107/3
                                                                               page 1 1
  7.   Cernant production.
  S.   Tanneries.
  9.   Metal industry.
  10. Mining.
  11. Shipyards.                                                            1
                                                                 • •     i
                                                                         !
  12. Textile Industry.                     ,  '  • ' .     *  •      •
  13. Electronic industry.                              *>>
                                                                   •      i
  14. Recycling Industry.
  15. Other sectors of the organic chemical industry.
                                                                    •     »
                                              • .                  . i
  16. Other sectors of the inorganic chemical industry.
  17. Touristic establishments.
                                                                    : i
  18. Agriculture.
  19. Animal husbandry.                                                  j
  20. Food processing.                                                    j
                                                                          i
  21. Aquaculture.
  22. Treatment of hazardous waste at source.                         ';
  23. Domestic wast» water disposal :and treatment;
  24. Urban waste disposal and treatment
  25. Sewage sludge disposal and waste disposal plants' residues.
  26. Incineration of waste.
                                                                             i
  {[27.PubIic and private works which cause physical alteration of (the
H natural state of the coastline.]]"                                    . :  Î
        The part in double square brackets in this annex is j added by the
        Secretariat in order to put it In line with the Global Programme o : Action
        for the Protection of the Marine Environment from Land-bbsed Activities:
                                  / ) >
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 12
B.    CHARACTERISTICS OF 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 grpup of
substances.                                                       I
      1.   Persistency.
      2.   Toxicity or other noxious properties (eg.' carcinogenicity,
           mutagenicity, teratogenicity).
      3.   Bioaccumulation.
      4.   Radioactivity.
                                                                   i
      5.   The ratio between observed concentrations and no observed effect
           concentrations (NOEC).                                 j
                                                       /   :       '
      6.   Risk of eutrophication of anthropogenic origin.
                                               \           j       i
      7.   Health effects and                   risks.            j
                                                         • :   ••   !
      8.   Transboundary significance.
                                                         • •       i
      9.   Risk of undesirable changes in the marine ecosystem and
           irreversibility or durability of effects.
      10. Interference with the sustainable exploitation of living resources or
           with other legitimate uses of the sea.                       I
                                              •            I-      !     i
      11. Effects on the taste and/or smell of products for human consumption
           from the sea, or effects on smell, colour, transparency ojr other
           characteristics of the water In the marine environment.
      12. Distribution pattern (Le. quantities Involved, use pattern and (liability
           to reach the marine environment).
C.    CATEGORIES OF SUBSTANCES                                       i   i
                                                                     j
                                                             :           I
                                                             !        '   '
      The following, groups of substances were selected onj 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.
                                       M
 ---pagebreak---                                                    UNEP(OCA)/MED WG.107/3
                                                               !      page 13
1.  Organohalogen compounds and substances which may form such
    compounds in the marine environment*.                     !
    Organophosphorus compounds and substances which           lir- may form
    such compounds in the inarme! environment*.'
3.  Organotin compounds and substances which may form such
    compounds in the marine environment*.                     (
4.  Polycyciic aromatic hydrocarbons.                         j
5.  Heavy metals and their compounds.
                                                       !      S
6.  Used lubricating oils.                                 M   l
                                                       !       Ï
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.  Biocides and their derivatives.      .                     !
9.  Pathogenic microorganisms and;algal toxins which could result from
    eutrophication.                                            I
10. Crude oQs and hydrocarbons of petroleum origin.;           ]
11. Cyanides and                     fluorides.                \
12. Non-biodegradable detergents and other surface-active substances.
                                             •        'i       !
13. Compounds of nitrogen and phosphorus.                       ;
14. Persistent synthetic materials which may float, sink I or remain in
    suspension and which may interfere with any legitimate use of the sea.
                                                         s       j
                                                         ;       ?
15. Any other substance or group of substances having anyj characteristics
     listed in section B of this annex                          [
     With the exception of those which are biologically I harmless or which are
      rapidly converted: into biologically harmless substances. ;
                                 AO)
 ---pagebreak--- UNBP(OCAJ/MED WG.107/3
page 14
T. ANNEX II
Annex II is deleted.
U. ANNEX 111
Annex III is re-numbered as Annex IL Its introductory paragraph pnd trie text of
paiagiaph 6 of section A are amended as           follows:      |       [
                                 '    ANNEX II                  !        i
                                               :             -:.|          j."
     With- a view to the issue of. an authorization 1or fiie disoha^
oonraning substances referred
be taken, as the case may be. of the following factors: *,|
          A. 04ARACTBFUSTICS AND COMPOSITION                 OF;THEV4ASTE
                                                                         l
                                                                         I
     6. Concentrations .with respect to catégories of                   listed In annex I,
and other substances as appropriate.
V.AW5XIV
Annex IV is re-numbered as Annex IK. The texts of paragraphs 3 and 5 are
amended as follows:
                                      ANNEXAI                            j
                                               •*  .             i .  • *
3.   In the case of pollution of the Protocol Area from land-based sources (through
     the atmosphere, the' provisions of articles 5 and 6 toithis Protocol shall apply
     progressively to appropriate, substances and sources listed in annex I to this
     Protocol as will be agreedfeythe Parties.
 5.  The provisions of annex II to this Protocol shall apply to pollution through the
      atmosphere whenever appropriata Airrx>llution monitoring and fnodefling using
      acceptable common emission factors and methodologies, shai be cai ned out
      in the assessment of atmospheric deposition of substances, as well c s in the
      compilation of inventories of quantities and rates of pollutant emissions into the
      atmosphere from land-based sources.,                      .: . j
                                             "to
 ---pagebreak---                                                                    i    i
                                                            UNEFJ(OCA)/K/IED WG.107A3
                                                                   !    !     •iage 15
  VL
  A new Annex IV is added reading as follows:
E                                     QANNEXW*
  A.   BEST AVAILABLE TECHNIQUES
  1. Thetenn T>est available techniques^ means the latest and jmost effective
  stage of development of processes and methods of operation which indicate
  the practical suftabllhy of a particular measure för constituting Ih principle the
  2. The term "techniques" includes both the technology used and the way in
  which the installation is designed, built, maintained, operated and dismantled.
                                                    •    't    *   »    *      i
  3. The term "available" refers to processes developed on a.scale which
  makes ft 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 mat the
  entrepreneur interested in using them could have access to merit 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
         ;, 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 tö examine the
               amendments to the LBS Protocol (Siracusa, 4-6 May 1 9 ^ ) decided that
               an annex oh 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 Parties to
               the Paris Convention as the basis for the preparation ofjthe new annex
               to the Protocol with the understanding that Contracting Parties would
               send comments and suggestions for changes.1; The present text of
               annex IV is therefore the result of the -work of the Secretariat (and the
               comments received from the Contracting Parries!           i
 ---pagebreak--- UNEP(OCA)/MH> WG.107/3
page 16
                                                                    »      I
      (e) the development of processes for the receiving and recycling of
             substances used and emitted tri the course of the process and the
             waste, as appropriate;                               <
      (d) the comparable processes, equipments or methods of operation
             which have recently been successfully tried lout on an industrial
             scale;                             ,          i       f
                            :                :
                            - '•-                 '     •• I       i
      (e) the technological advances and changes In scientific knowledge;
                   ••'• • • • • • •    "."';.              I       i
      (f)    concerned;
             the nature, Impact and volume of the discharges and emissions
                                                                    I
      (g) the starting date of operation of both hew and existing plants;
      (h) thé Urne needed to develop a better technique available;
      (I)    the consumption and nature of. primary resources used (Including
           . water) and energy efficiency;'                        j
      (J) the need to prevent or reduce to a minimum the global Input, of
             emissions and environmental            risks;         (
      (k) the need to prevent accidents and, rf they should ocbur, to reduce"
             environmental impact;
       (I)   the flexibility for improvement and easy modification jof the applied
            -techniques; ..                                         |
       (m) the consideration of the type of disposal along with trje best
             available techniques; and
                                                                  - i
       (n) the compatibility with, or suitability for, local prevailing ( 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 antipollution equipment Is carried out m anjenvironmentaW 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.
                                         ?,*-
 ---pagebreak---                                                          UNEP{OCA)/MED WG.107/3
                                                             I       j      jpage 17
  7. In determining the activities the implementation of which must be
  compatible with best environmental practice, particular consideration should
  be given to the following elements:
             the precautionary principle;
             environmental risks linked              to:            [
                  the activity itself; and                          j
                  the production, utilisation and definitive elimination of the
                  products used in the framework of this activity; j and
             the possibility to modify the activities or to replace- them by less
             polluting ones.                                         |
                                                              i      i
  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:             -     j
                                                                      i     !
  (a)  measures, such as:                                                    I
                                                                      *     j
       (1)   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 junsafej if such
             systems were not provided; and                                 j
  (b) behaviour and promotion tools, such as:
                                             * .                        >    i
                                                                        !     I
       (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;                               i
       (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
D             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 dispcss! 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 dean 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--- UNEP(OCA)/MED WG.79/4
Pace 2
                                                                                            \
particular Anicie 1 ", ard decision 1/22 adopted by the First Meeting cf the Conference
of the Parties tc the Easel Convention,
Taking into account further that many States, among them Contractinc 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 1 SES 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
Hazarccus Wastes wrjiin 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 allowed 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:                                                           <:'   ;
Article 1 - Definitions
For the purposes of this Protocol:
        (a) "Convention" means the Convention for the Protection,of the Mediterranean
        Sea against Pollution, adopted at Barcelona on 16 February 1976;
        (b)     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 III 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.79/4
                                                                             Page 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;
                                                    ZQ
 ---pagebreak---  UNEP(OCA)/MED WG.79/4
 Pace 4
          (q)   "Generanor" means any person whose activity produces hazardous
         wastes or, if that person is not known, the person who is in possession and/cr
         control of those 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 of 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) "Deveiopec 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 - Scooe of tre Protocol rM
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
                                               Z?r
 ---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 waste,, 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 Article.
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 Mediterranean Sea 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.
                                          T-%
 ---pagebreak---   UNEP(OCA)/MEP 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 expcr. 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.1"'
 5.      The Parties shail 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 - Transbour.zarv 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 Disposal.
        Reservation by the European Economic Community
                                               £9
 ---pagebreak---                                                                 UNEP(OCA)/MED WG.79/4
                                                                                     Page 7
Article 6 • Duty to reimport
         The 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 cooperation
 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
                                             3o
 ---pagebreak---   UNEP(OCA)/MED W3.7S/4
  PaaeS
 traffic has come to tre attention of the State of import; if not possible, the State of
 export shall ensure traz the wastes are taken back by the exporter, the generator or,
 if necessary, by itse-.- 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 ihe responsibility for the illegal traffic cannc: be assigned either
 to the exporter or ger erator or to the importer or disposer, the parties concerned or
 other parties, as appropriate, shall ensure, through cooperation that the wastes in
 question are dispose* 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 snail forward, as soon as possible, all informaticn relating to illegal
 traffic to the Organization, which shall distribute the informaticn to all Contracting
 Parties.
 7.      Tne Parties shall cooperate to ensure that no illegal traffic takes place. Upon
 request, the Organization shall assist Parties in their identification 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 cocrcination 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
intemational organizations or bilaterally, cooperate with a view to formulating and
implementing programmes of financial and technical assistance to developing
countries for the implementation of this Protocol.
                                             3*
 ---pagebreak---                                                               • UNEP(OCA)/MED WG.79/4
                                                                                     Page 9
 2.      To that purpose, the first meeting 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 shall 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-cf 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 feason 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, directly or through
the Organization, the Party against whom the allegations are made.
2.      The Organizaticn shall carry cut 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 £
 ---pagebreak---  UNE?(OCA)/MED WG.79/4
 Pace 10
 Article u - 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 Parties 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 for-,ulate and adopt programmes, methods and measures in
       • accordance wth the relevant Articles of this Protocol;                        ^
         (d) To consider 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 perfonr such other functions as may be appropriate for the application
        of this Protocc.
Artide 15 - Adoption.
        The 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.
Article 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
                  B, 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
                                                                                    Pace 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 Spain, 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 Article.
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 equaiiy
authoritative.
                                               3H
 ---pagebreak---  UNE?(GCA)/MED W3.7S/4
 Appendix
 page 12
                                      ANNEX       r»i
         CATEGORIES OF WASTES WHICH ARE HAZARDOUS WASTES
Waste Streams:
YO     All wastes containing 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 containing 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
      biphenyis (PCBs) and/or polychlorinated terphenyls (PCTs) and/or
      polybrominated biphenyls (PBBs)
Y11   Waste tarry residues arisingfromrefining, distillation and any pyrolytic treatment
Y12   Wastes from production, formulation and use of inks, dyes, pigments, pants,
      lacquers, varnish
Y13   Wastes from production, formulation and use of resins, latex, piasticizers,
      glues/adhesives
      Reservation by the European Economic Community
      Reservation by France
      Reservation by Spain
                                         -is
 ---pagebreak---                                                         UNEP(OCA)/MED WG.79/4
                                                                          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   Inorganic fluorine compounds excluding calcium fluoride
                                           1>L
 ---pagebreak--- UNEr(OCA)/MED WG.79/4
Appendix
page 14
Y33   Inorganic cyanides
                                                                            ?
Y34   Acidic solutions or acids in solid form  •"
Y35   Basic solution* or bases in solid form
Y36   Asbestos (dus^ and fibres)
Y37   Organic phcscnorus compounds
Y38   Organic cyanic es
Y39   Phenols; phenolic compounds including chlorophenols
Y40   Ethers
Y41   Halcgenated organic solvents
Y42   Organicsolvents excluding halogenated solvents
Y43   Any congener of polychlorinated dibenzo-furan
Y44   Any congener of polychlorinated dibenzo-p-dioxin
Y45   Organohalogen compounds other than substances referred to in thfe Annex
      (e.g. Y39, Y41, Y42, Y43, Y44).
                                            „? i
 ---pagebreak---                                                          UNEP(OCA)/MED WG.79/4
                                                                             Appendix
                                                                              page 15
                                     ANNEX II
                  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 "inflammableV
                   Flammable 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 a flammable vapour at temperatures of not more
                  than 60.5 degrees C, closed-cup test, or not more than 65.6
                  degrees C, gpen-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        Flammable 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)
                                        3K
 ---pagebreak---  UNEP(OCA)/MED W3.79/4
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
               tz become spontaneously flammable or to give off flammable
               gases in dangerous quantities.
5.1   H5.1      Cxidizing
               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-
               siructure are thermally unstable substances which 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.
                                       3e)
 ---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 biotic
    systems.
H13 Capable, by any means, after disposal, of yielding another
    material, e.g. leachate, which possesses any of the characteristics
    listed above.
                                  v^O
 ---pagebreak---  UNE?fOOA)/MED V/G.79/4
Appendix
pace 16
                                       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 Articies 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 Â encompasses all 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 discardslnto 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 treatment not specified elsewhere in this Annex which results in final
      compounds or mixtures which ere 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.)
                                          (41
 ---pagebreak---                                                         UNEP(OCA)/MED WG.79/4
                                                                          Appendix
                                                                           page 19
D13 Elending or mixing prior to submission to any of the operations in Section A
D14 Repackaging prior 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 metals 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 componentsfromcatalysts
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 obtainedfromany 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(ÖCA)/MED WG.79/4
                           t
Appendix
 page 20
                                    ANNEX IV (A)
              INFORMATION TO BE PROVIDED ON NOTIFICATION
 1.    Reason for waste export;
2.     Exporter of the waste J / ;
3.     Generator(s) of the waste and site of generation 1 / ;
4.     Importer and disposer of the waste and actual site of disposal 1 / ;
5.     Intended carrier(s) of the waste or their agents, if known J / ;
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 £ / ;
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 III;
                                        . -*\ 3 "
 ---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 theframeworkof the Basel Convention,
the OECD and the European Economic Community. /
1/    Full name and address, telephone, telex or telefax number and the name,
      address, telephone, telex or telefax number of 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 and 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.
                                     in
 ---pagebreak---  UNEP(OCA), MED V;G.7g/4
 Appendix
page 22
                                     ANNEX IV (B)
     INFORMATION' TO BE PROVIDED ON THE MOVEMENT DOCUMENT
 1.    Exporter of tre waste 1 / ;
 2.    Generator(s) zi the waste and site of generation 1 / ;
3.     Disposer of tr-e waste and actual sits of disposal 1 / ;
4.     Carrier(s) of r.e waste 1 / cr his agent(s);
5.    The date the ransboundar/ 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 cf 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 ail 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 (transport 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.
X/     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.
                                            \c
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