CELEX: 51981PC0780
Language: en
Date: 1981-12-14
Title: Proposal for a COUNCIL DECISION concluding the Protocol to the Barcelona Convention of 1976 for the protection of the Mediterranean Sea against pollution from land-based sources (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 780
Vol. 1981/0221
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(81)780 final
                                              Brussels , 14 December 1981
                                   Proposal for a
                                  COUNCIL DECISION
          concluding the Protocol to the Barcelona Convention of 1976
             for the protection of the Mediterranean Sea against
                         pollution from land-based sources
                  ( submitted to the Council by the Commission )
                                                        »           'V
                                              f
                                                     λ " '       ·>.>.··· ;  !
                                               U-'~\  \     - r*.'          i
C0M(81 ) 780 final
 ---pagebreak---                     ÉXPLANA T O RT MÉMORANDUM
In accordance with the mandate given by the Council on 7 / 3 November 1977,
the Commission took part in the negotiations concerning the conclusion
of th® Bsrcelona Convention Protocol on pollution from land-based sources .
These negotiations took place .in 1978 and 1979, and the Member States
were regularly consulted and informed about their progress . The end-
product was the attached Protocol which was signed by the Commission on
behalf of the Community and by eleven Mediterranean Coastal States ,
including three Community Member States ( France, Greece and Italy ) in
Athens on 17 May 1980 .
The successive stages leading to the conclusion of the Barcelona Convention
which is the framework for the Protocol for the protection of the
Mediterranean Sea against pollution from land-based sources were as
follows :
- In February 1975 and 1976, two intergovernmental meetings were held
  in Barcelona with a view to concluding a Convention for the protection
  of the Mediterranean Sea against pollution and Protocols on the main
  sources of marine (pollution.
- On 16 February 1876, the Final Act of the Convention and two Protocols
  were signed by fifteen Mediterranean Coastal States .
- On 13 September 1976, in Madrid , the Community also signed the Convention
  and the Protocol for the prevention of the pollution of the Mediterranean
  Sea by dumping from ships and aircraft .
- On 25 July 1977, the Council concluded the Convention and the above-
  mention     Protocol ( 77 / 585 / EEC ).
In accordance with the Council directives contained in the Decision of
7 November 1977, the Commission, whilst taking into account specific
environmental problems and the characteristics of the Mediterranean Sea,
made every effort during the negotiations to ensure that the draft
Barcelona Convention Protocol for the protection of the Mediterranean
Sea against pollution from land-based sources was based on the provisions
of the 1974 Paris Convention and was consistent with existing Community
measures , in particular Directive 76/464 / EEC .
 ---pagebreak--- The provisions of the Protocol signed on 17 May 1980 are consistent with
those of Directive 76 / 464 / EEC .
The Commission was therefore able to maintain consistency between, on the
one hand, commitments entered into under the Paris Convention concerning
the prevention of pollution from land-based sources to which the
Community and some Member States are Contracting Parties , and on the
other hand, between this Protocol and the commitments entered into by
the Member States at Community level as a result of Directives , in par­
ticular that of 4 May 1876 ( 76/ 464 / EEC ) on pollution caused by certain
substances discharged into the aquatic environment of the Community .
                                 «
Pursuant to the decision taken by the Contracting Parties to the
Barcelona Convention at the February 1980 meeting in Barcelona , and
pursuant to Article 15 of the Convention , a Diplomatic Conference of the
Contracting Parties was held in Athens from 12 to 17 May 1980 .
This Conference completed the negotiations and the Protocol for the
protection of the Mediterranean Sea against pollution from land-based
sources was signed .
The Commission reserved the right*, following the adoption and sigrving
of the Protocol at the Diplomatic Conference, to place before the Council
a proposal for a Decision concluding the Protocol .
As the Community, together with the other Contracting Parties, signed
the Protocol at the above-mentioned Diplomatic Conference , it should now
conclude this Protocol and deposit the act concluding the Protocol , as provide(
for in Article 16 of the Protocol . The Commission therefore recommends
that the Council adopt the attached Draft .Decision on the subject .
* doe . COM (80) 163 final , p . 3; Council document 6313/ 80 ENV 56
 ---pagebreak---                        Proposal for a
                      COUNCIL DECISION
concluding the Protocol to the Barcelona Convention OL.1976 for the
protection of the Mediterranean Sea against pollution from
                           land-based sources
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 235 thereof ,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,
Having regard to the declaration of the Council of the European
Communities and of the representatives of the Governments of the Member
States meeting in the Council of 22 November 1973 on the programme of
action of the European Communities on the environment ( 1 ),
Whereas that programme emphasizes that marine pollution affects the
whole Community, both because of the essential role played by the sea
in the preservation and development of species and on account of the
importance of sea transport for the harmonious economic development of
the Community;
Whereas , furthermore, that programme and Council Directive 76/464/ EEC of
4 May 1976 on pollution caused by certain dangerous substances discharged
into the aquatic environment of the Community < 2 ) provide that certain
measures are to be implemented by the Community in ordre to reduce
the various types of marine pollution;
( 1 ) OJ N° C 112, 20.12.1973, p. 1
<2 ) OJ N<» L 129, 18. 5.1976, p. 23
 ---pagebreak--- Whereas the Convention for the protection of the Mediterranean Sea
against pollution provides that suitable measures should be taken to
prevent and reduce pollution caused by dumping from ships and aircraft ,
pollution resulting from the exploration and exploitation of the
continental shelf , the seabed and its subsoil and pollution from
land-based sources ;
Whereas in adopting Decision 77/ 585 / EEC < 1),.the Council concluded the
Convention for the protection of the Mediterranean Sea against pollution
hereinafter referred to as the Barcelona Convention, and the Protocol
for the prevention of the pollution of the Mediterranean Sea by
dumping from ships and aircraft ;
Whereas the Community took part in the negotiations concerning the
conclusion of the Barcelona Convention Protocol for the protection of
the Mediterranean Sea against pollution from land-based sources ;
Whereas on 17 May 1980 the Community     signed the said
Protocol ;
                                                                     «
Whereas the Community should conclude the Protocol to the Barcelona
Convention of 1976 for the protection of the Mediterranean Sea against
pollution from land-based sources in order to attain, in the course
of the operation of the common market , one of the objectives of the
Community in the field of the protection of the environment and of the
quality of life ; whereas no provision is made in the Treaty for the
                                                   *
powers necessary to this end;
( 1 ) OJ N° L 240, 19.9.1977, p. 1
 ---pagebreak--- HAS DECIDED AS FOLLOWS ;
                         Article 1
The Protocol to |he Barcelona Convention of 1976 for the protection of
the Mediterranean Sea against pollution from land-based sources is hereby
approved on behalf of the European Economic Community.
The text of the ?protocol is annexed to this Decision,. .
                  i
                  i:
                  i,                                          ■    ~
                  s      Article 2
The President of the Council shall deposit the acts as provided for
tih Article 16 of She -Protocol referred to in Article *1 ?"         - ?* ,
                                          '
                                                Done at Brussels ,
                                                For the Council
                                                The President
 ---pagebreak---                 FB0TOCOI»                      ]
FOB THE PROJECTION OF THE BSEDITERH.AMBAK' SE
 AGAINST POZXXmOBT FROM' IiAKD-BASED' SOXHiC33£
                           m
                 UNITED NATIONS
                       1980
 ---pagebreak---        The Contracting Parties to the present Protocol ,
        Being Part-iea to the Convention for the Protection of the Mediterranean
  Sea against Pollutions adopted at Barcelona on 16 February 1976*
        Desirous of Implementing; article 4 , paragraph 2 t and articles 8 and 1J
  of the said Convention,
       He tin# the rapid increase of bxtmaxt. actirities in the Mediterranean Sea
  Araa9 particularly is the fields cf Indusirialisation and urbanization, as
  veil as the seasonal increase in. the coastal population due to tourlsEs,
        Recognizing the danger posed to the Marine environment and to huisaa
  health by pollution frc® land-based sources and the serious problems resulting
  therefrom in many cos.stal waters sad river estuaries of the Kediierraneaaa. S®a»
  primarily du« to tb,© release of untreated, insuff icieatly treated ear
  Inadequately disposed domestis or industrial discharges.
       Recognising the differences is lerela of development between the coastal
  States , and taking account of the economic and social Imperatives of th»
  developing countries^,
        Determined to take in close co-operation the necessary Measures to
  protect the Mediterranean Sea against pollution from land-based sources.
        Have agreed ao follove 8
                                      Article 1
       The Contracting Parties to this Protocol (hereinafter referred to as
  "the Parties") shall take all appropriate measures to prevent , abate , 'cosbat
  and control pollution of the Mediterranean Sea Area caused by discharges
  from rivers , coastal establishments or outfalls , or emanating froa any other
  land-based sources within their territories®
                                      Article 2
       For the purposes of this Protocols           *
        (a) "The Contention" weans the Contention for the Protection of th»
""Mediterranean Sea against Pollution;, adopted at Barcelona on 1$ February 197
        (fc) "Organization." aeans the "body referred to in article- 13 of tk®
  Contentions
        (c) "Freshwater liait* mesas the place in watercourses where, at low
  tides and in a period cf leu freshwater flow, tbara is asx appreciable
  Sisesea*® in salieity da« to the pr©3©ao® of #«& wt«j
 ---pagebreak---        The area to which, this Protocol applies (hereinafter referred to as .
 the ".Protocol .Area") shall "be? ■             • .       .
       (a) the Mediterranean Sea Area as defined in article 1 of the *
 Convention ;
       (b) waters on the landward side of the baselines from which the breadth
of the territorial sea is measured and extending, in the case of watercourses,
up to the freshwater limit ;
       (c). saltwater marshes communicating with the sea*
                                       Article A
       1.   This Protocol shall apply?
       (a) to polluting discharges reaching the Protocol Area from land-based
 sources within the territories of the Parties, in particulars
                                     *
       -    directly, from outfalls discharging into the sea or through
            coastal disposal ;
       -    indirectly, through rivers , canals or other watercourses , including
            underground watercourses, or through run-off j
       (b) to pollution from land-based sources transported by the atmosphere^
■under conditions to be defined in an additional annex to this Protocol and
accepted by the Parties in conformity with the provisions of article 17 of
 the Convention .
       2.   This Protocol shall also apply to polluting discharges from fixed
nan-made off-shore structures which ere under the jurisdiction of a Party and
which serve purposes other than exploration and exploitation of mineral
resources of the continental shelf and the sea-bed and its sub– soil#
                                       Article 5
       1 . The Parties undertake to eliminate pollution of the Protocol Area
 from land-based sources by substances listed in annex I to this Protocol * •
       2 . To this end they shall elaborate . and implement, jointly or
 individually, as appropriate, the necessary programmes and measures.
       3 * These programmes and measures shall include, in particular, common
 emission standards and standards for use*
 ---pagebreak---                                          - 3 -
        4.   The standards and ths time-tables for the implementation of the
  programmes and measure® aimed at eliminating pollution from land-based
                          t
  sources shall be fixed by the Parties and periodically reviewed , if necessary
  every
    S
         two years f for each of the substances listed in annex I , in accordance
 with the provisions of article 15 of this Protocol .
                                       Article 6
       1.    The Parties shall strictly limit pollution from land-based sources
 in the Protocol Area by sub stance a or sources listed in annex II to this
 Protocol .
       2.    To this end they shall elaborate and implement , jointly or
  individually , ao appropriate , suitable programmes and measures .
        3.   Discharges shall be strictly subject to the issue , by the competent
 national authorities , of an authorization taking due account of the provisions
 of annex III to this Protocol .
                                       Article 7
       1.    The Parties shall progressively formulate and adopt , in co-operation
 with the competent international organizations , common guidelines and , as
 appropriate , standards or criteria dealing in particular with :
        (a) the length , depth and position of pipelines for coastal outfalls ,
 taking into account , in particular , the methods used for pretreatment of
 effluents ?
        (b ) special requirements for effluents necessitating separate treatment ;
        (c ) the quality of sea water used for specific purposes that is
 necessary for the protection of human health , living resources and ecosystems ;
       ( d) the control and progressive replacement of products , installations
 and industrial and other processes causing significant pollution of the marine
 environment |
       ( e) specific requirements concerning the quantities of the substances
'"listed in annexes I and II discharged , their concentration in effluents and
 methods of discharging them.
       2.    Without prejudice to the provisions of article 5 of this Protocol ,
 such connnon guidolinea , standards or criteria shall take into account local
 ecological , geographical and physical cha.racteri3ti.c3 , the economio capacity
 of the Parties and their need for development , the level of existing pollution
 and the real absorptive capacity of the marine environment.
 ---pagebreak---      3 . The programmes and measures referred to in articles 5 and 6 shall
be adopted by taking into account , for their progressive implementation, the
capacity to adapt and reconvert existing installations, the economics capacity
of the Parties and their need for development *
                                   Article 8
     Vithin the framework of the provisions of, and the monitoring programmea
provided for in , article 10 of the Convention, and if necessary in co-operation
with the competent international organizations , the Parties shall carry out at
the earliest possible date monitoring activities in orders
     (a) systematically to assess, as far as possible , the levels of
pollution along their coasts , in particular with regard to the substances
or sources listed in annexes I and II , and periodically to provide information
in this respect )
     (b) to evaluate the effects of measures taken under this Protocol to
reduce pollution of the marine environment*
                                   Article 9
     In conformity with article 11 of the Convention , the Parties Bhall
co-operate as far as possible in scientific and technological fields related
to pollution from land-based sources , particularly research on inputs,
pathways and effects of pollutants and on the development of new methods for
their treatment , reduction or elimination* To this end the Parties shall ,
in particular, endeavour to :
     (a) exchange scientific and technical information)
     (b) co-ordinate their research programmes*
                                   Article 10
     1 * The Parties shall , directly or with the assistance of competent
regional or other international organizations or bilaterally, co-operate with
a view to formulating and,| as far as possible, implementing programmes of .
assistance to developing countries , particularly in the fields of science,
education and technology, with a view to preventing pollution from land-based
Sources and its harmful effects in the marine environment *
     2.   Technical assistance would include , in particular, the training of
scientific and technical personnel , as well as the acquisition, utilization
and production by those countries of appropriate equipment on advantageous
terms to be agreed upon among the Parties concerned*
 ---pagebreak---                                     Article 11
      1.   If discharges from a watercourse which flows through the territorieo
of two or more Parties or forms a boundary between them are likely to cause
pollution of the carina environment of the Protocol Area , the Parties in
question , respecting the provisions of this Protocol in so far as each of thea
is concerned , are called upon to co-operate with a view to ensuring its full
application .
      2.   A Party shall not be responsible for any pollution originating on
the territory of a non-contracting State . However, the said Party shall
endeavour to co-operate with the said State so as to make possible full
application of the Protocol .
                                    Article 12
     1.    Taking into account article 22 , paragraph 1 , of the Convention ,
when land-based pollution originating from the territory of one Party is
likely to prejudice directly 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 .
     2.    At the request of any Party concerned , the matter shall be placed
on the agenda of the next meeting of the Parties held in accordance with
article 14 of this Protocol ;  the meeting may make recommendations with a
view to reaching a satisfactory solution .
                                    Article 13
     1.    The 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 colleotion
and submission of such information shall be determined at the meetings of the
Parties .
     2.    Such information shall include , inter alia :
                                                      ■
     ( a)  statistical data on the authorizations granted in accordance with
article 6 of this Protocol ;
     (b)   data resulting from monitoring as provided for in article 8 of this
Protocol j
     (c ) quantities of pollutants discharged from their territories ;
     (d) measures taken in accordance with articles 5 end 6 of this Protocol .
 ---pagebreak---                                       Article 14.
      1.    Ordinary meeting 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 stay also hold
 extraordinary meetings in accordance with article 14 of the Convention*
      2.    The functions of the meetings of the Parties to thiB Protocol
                             !
 shall be , inter alia :
       (a) to keep under review the implementation of this Protocol and to
 consider the efficacy of the measures adopted and the advisability of any
 other measures , in particular in the form of annexes }
      (b) to revise and amend any annex to this Protocol , as appropriate ;
      (c) to formulate and adopt programmes and measures in accordance with
 articles 5 » 6 and 15 of this Protocol |
      (d) to adopt , in accordance with article 7 of this Protocol , common
 guidelines , standards or criteria, in any form decided upon by the Parties ;
      ( e) to make recommendations in accordance with article 12, paragraph 2 ,
 of this Protocol !
      (f) to consider the information submitted by the Parties under article 15
 of this Protocol )
      (g) to discharge such other functions as may be appropriate for the
 application of this Protocol.
                                      Article 15
      1 . The meeting of the Parties shall adopt , by a two-thirds majority,
 the programmes and measures for the abatement or the elimination of pollution
 from land-based sources which are provided for in articles 5 and 6 of this
 Protocol#
      2 . The Portion which are not able to accept A programme or measures
 shall inform the meeting of the Parties of the action they intend to take as
.regards the programme or measures concerned, it being understood that these
 Parties may , at any time , give their consent to the programme or measures
 that have been adopted*
 ---pagebreak---                                        - 7 -
                                    Article 16
      1.   The provisions of the Convention relating to auoy Protocol shall
apj>ly 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 Athens from 17 May I960
to 16 June 1990 » and at Madrid from 17 June 1980 to 16 May 1981 , by any State
invited to the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region fpr the Protection of the Mediterranean Sea against
Pollution from Land-Based Sources held at Athens from 12 May to 17 May 1980.
It shall also be open jintil the same dates for signature by the European
    J
Economic Comnunity and by any similar regional economic grouping of which at
leaet one member is a coastal State of the Mediterranean Sea Area and vhioh
    V                  I
exercises competence i^i fields covered by this Protocol .
   * 4.    This Protoco^. shall be subject to ratification, acceptance or
approval .  Instruments of ratification , acceptance or approval shall be
deppsited with the Government of Spain , which will assume the functions of
Depositary.
   .* 5 .  As from 17 May 1981 , 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 day following
the deposit of at least six instruments of ratification , acceptance or
approval of , or accession to , the Protocol by the Parties referred to in
paragraph 3 of this article .
      IN VITNESS WHEREOF the undersigned , being duly authorized by their
respective Governments , have signed this Protocol .
      DONE at Athens on this seventeenth day of Kay one thousand nine hundred
and eighty in a single copy in the Arabic , English , French and Spanish languages ,
the four texts being equally authoritative .
 ---pagebreak---                            1         Annex I "
                           I
                           s
A* The following substances, families and groups of substances are listed,
not in order of priority, for the purposes of article 5 of this Protocol . They
have been, selected mainly on the basis of their
     -     toxicity                             ,
     -     persistence
     -     bioaccuiaulation.
1.   Organohalogen compounds and substances which may form such compounds in
     the marine environment,^
2.   Organophosphorus compounds and substances which may form such compounds
     in the marine environment#^
3.   Organotin compounds and substances which may form such compounds in the
     marine environment.^*                             .
4*   hercury and mercury compounds *
5»   Cadmium and cadmium compounds#
6.   Used lubricating oils .
7«   Persistent synthetic materials which may' float, sink or remain in
     suspension and which may interfere with any legitimate use of the sea.
3.   Substances having proven carcinogenic , teratogenic or mutagenic properties
     in or ili.rov.gh. the marine environment .
7•   Radioactive substances , including their wastes, when their discharges do
     not comply with the principles of radiation protection as defined by tho
     competent international organisations, taking into account the protection
     of the marine environment.
B.   The present annex does not apply to discharges which contain substances
listed in section A that are below the limitsjdefined jointly by the Parties.
     1J With the exception of those which are biologically harmless or vhich
axe rapidly converted into biologically harmless substances.
 ---pagebreak---                                           - 9 -
                                        Annex II
     1
 A. ,    The follovnxig substances , families and groups of substances , or sources of
 pollution , listed not in order of priority for the purposes of article 6 of this
  Protocol , have been selected mainly on the basis of criteria used for annex I,
 •while taking into account the fact that they axe generally less noxious or are
more readily rendered harmless by natural processes and therefore generally
 affect nore limited coastal areas .
 1.      The following elepents and thyir compounds :
                               selenium "                         16 .
         1.
         2.
               zinc
               copper     ?!   arsénio
                                                 11 .
                                                 12 .
                                                      tin
                                                      barium      17 .
                                                                        vanadium
                                                                        cobalt
         3.    nickel     8T   antimony          13 . beryllium   18 .  thallium
         4-    chromium   9*   molybdenum        14 . boron       19 .  tellurium
         5.    lead      10 .  titanium          15 . uranium     20 .  silver -
  2.     Biocides and their derivatives not covered in annex I *
  3 . : Organosilicon compounds and substances which may form such compounds in the
       . marine environment , excluding those which are biologically harmless or are
         rapidly converted into biologically harmless substances#
 4.      Crude oils and hydrocarbons of any origin.
  5.     Cyanides and fluorides .
  6.     Non-biodegradable detergents and other surface-active substances .
 7«       Inorganic compounds of phosphorus and elemental phosphorus .
8.       Pathogenic micro-organisms .
9.       Thermal discharges .
10 . Substances which have a deleterious effect on the taste and/or smell of
         products for human consumption derived from the aquatic environment , and
         compounds liable to give rise to such substances in the marine environment .
11 . Substances which have , directly or indirectly, an adverse effect on the
         oxygen content of the marine environment , especially those which may cause
         eutrophication.
12 . Acid or alkaline compounds of such composition and in such quantity that
         they may impair the quality of sea water.
13 . Substances which , though of a non-toxic nature , may become harmful to the
         marine environment or may interfere with any legitimate use of the sea owing
         to the quantities in which they are discharged .
B.       The control and strict limitation of the discharge of substances referred
to iji section A above must be inpleir.onted in accordance with annex III.
 ---pagebreak---    s
                       I   '•     Annex III
     Y/ith a view to the issue of an authorization for the discharge of -wastes
containing substances deferred to in annex II or in section B of annex I of
this Protocol , particular account will "be taken, as the case may be, of the
following factoras
A.   Characteristics and composition of the waste
     1.    Type and size of waste source (e.g. industrial process)*
     2.    Type of waste (origin, average composition).
     3.    Form of waste (solid, liquid, sludge, slurry).
     4.    Total amount (volume discharged, e.g. per year).
     5.    Discharge pattern (continuous , intermittent, seasonally variable,
           etc *).
     6.    Concentrations with respect to major constituents , substances .
           listed in annex I, substances listed in annex II, and other
           substances as appropriate .
     7.    Physical , chemical and biochemical properties of the waste.
B.   Characteristics of waste constituents with respect to their harnfulness
     1.    Persistence (physical , chemical , biological) in the marine
           environment .
     2.    Toxicity and other harmful effects .
     3.    Accumulation in biological materials or sediments .
     4*    Biochemical transformation producing harmful compounds .
     5»    Adverse effects on the oxygen content and balance .
     6.    Susceptibility to physical , chemical and biochemical changes and
           interaction in the aquatic environment with other sea water
           constituents which may produce harmful biological or other effects
           on any of the uses listed in section E below.
C.   Characteristics of discharge site and receiving marine environment
     1.    Hydrographic, meteorological, geological and topographical
           characteristics of the coastal area.
     2.    Location and type of the discharge (outfall, canal, outlet, etc.) and
           its relation to other areas ( such as amenity areas, spawning, nursery,
           and fishing areas, shellfish grounds) and other discharges.
     3.    Initial dilution achieved at the point of discharge into the
           receiving marine environment.
 ---pagebreak---                                         * il -
    t
           *     *
       4i    Dispersion characteristics such as effects of currents, tides end
             wind on horizontal - transport and vertical mixing.
       5,    Receiving water characteristics with respect to physical, chemical,
             biological and ''ecological conditions in the discharge area*
       6.    Capacity of the receiving marine environment to receive waste
             discharges without undesirable effects *
D.     Availability of waste technologies
       The methods of waste reduction and discharge for industrial effluents as
well as domestic sewage should be selected taking into account the availability
and feasibility ofi
   ■ ' (a)   Alternative treatment processes ;
       (b)   Re-use or elimination methods }
       ( c)  On-land disposal alternatives ; and
       (d)   Appropriate low-waste technologies*
E.     Potential impairment of marine ecosystems and sea water uses
       1*    Effects on human health through pollution impact on:
             (a) Edible marine organisms }
             (b) Bathing waters ;                          •
             (c) Aesthetics*
       2*    Effects on marine ecosystems, in particular living resources,
             endangered species and critical habitats *
       3*    Effects on other legitimate vises of the sea*