CELEX: 51992PC0169
Language: el
Date: 1992-05-06
Title: Πρόταση απόφασης του Συμβουλίου που αφορά την υπογραφή ενός πρωτοκόλλου σχετικού με την προστασία της Μεσογείου Θαλάσσης από τη ρύπανση που προέρχεται από την εξερεύνηση και την εκμετάλλευση της υφαλοκρηπίδας, του βυθού και του υπεδάφους της (Σύμβαση της Βαρκελώνης)

ΕΠΙΤΡΟΠΗ ΤΩΝ ΕΥΡΩΠΑΪΚΩΝ ΚΟΙΝΟΤΗΤΩΝ
                                     Κ0Μ(92) 169 τελικό
                                     Βρυξέλλες, 6 Μαίου   1992
                             Πρόταση
                    ΑΠΟΦΑΣΗΣ ΤΟΥ ΣΥΜΒΟΥΛΙΟΥ
        ηου αφορά την υπογραφή ενός πρωτοκόλλου σχετικού
   με την προστασία της Μεσογε(ου θαλάσσης από τη ρύπανση που
       προέρχεται από την εζερεύνηση και την εκμετάλλευση
       της υφαλοκρηπ(δας, του Ρυθού και του υπεδάφους της
                    (ΣύμΡαση της Βαρκελώνης)
                 (υποΡληθείσα από την Επιτροπή)
 ---pagebreak---  ---pagebreak--- Πρόχαση αηόφασης του ΣυμβουλΙου ηου αφορά χην υηογραφή ενός ηρωχοκόλλου
σχεχικού με χην ηροστασΐα χης Μεσογεΐου θαλάσσης αηό χη ρύπανση ηου
ηροέρχεχαι αηό χην εζερεύνηοη και χην εκμεχάλΧευοη χης υφαλοκρηηΐδας, χου
Ρυθού και χου υηεδάφους χης (Σΰρβαση της Βαρκελώνης)
                              Α1ΤΙ0Λ0ΠΚΗ ΕΚΘΕΕΗ
      Η Κοινόχηχα εΐναι συμΡαλλόμενο μέρο^ σχη ΕύμΡαση Υ»α χην ηροοχασΐα
      τη^ Μεσογείου θαλάσση^ αηό τη ρύηανση (1). Έχει επίσης συνάψει τα
      τέσσερα ηρωτόκολλα, τα οηοία εκδόθηκαν στο ηλαΐσιο τη€ ΣύμΡαση^,
      ήτοι, το ηρωτόκολλο σχετικά με την ηρόληψη τη€ ρύηανση^ αηό
      αηορρΐψε^ ηάση^ φύσεακ ουσιών αηό ηλοΐα και αεροσκάφη (1), το
      ηρωτόκολλο σχετικά με τη συνεργασία για την καταηολέμηση τη€ ρύηανση^
      αηό τα ηετρελαιοειδή και άλλε^ ΡλαΡερέ^ ο υ σ ^ (2), το ηρωτόκολλο
      κατά τη^ ρύηανση^ αηό χερσαίε^ ηηγέ^ (3), και εκεΐνο σχετικά με τις
      ειδικά ηροστατευόμενε^ ηεριοχέ^ τη^ Μεσογείου (4).
      Ετην Τέταρτη Τακτική Ευνδιάσκεψή του^ (ΓένοΡα, Σεπτέμβριος 1985), τα
      συμΡαλλόμενα μέρη τη^ ΣύμΡαση^ τη^ Βαρκελώνη^ ζήτησαν την εκττόνηση
      ενό^ ηρωχοκόλλου σχεχικά με χην ηροσχασΐα xη^ Μεσογείου θαλάσσης αηό
      χη ρύηανση ηου ηροέρχεχαι αηό χην εξερεύνηση και χην εκμεχάλλευση xη^
      υφαλοκρηηιδα^, χου Ρυθού και χου υηεδάφου^ xη^ (ηρωχόκολλο ,,ανοιχxή^
      θαλάσση^'), σύμφωνα με χο άρθρο 7 xη^ ΕύμΡαση€·
      Η Γραμματεία συνέταζε ένα σχέδιο ηρωτοκόλλου και η Έκτη Τακτική
      Συνδιάσκεψη των συμΡαλλομένων μερών (Αθήνα, 3-6 ΟκτωβρΙου 1989)
      αηοφάσισε να συγκαλέσει συνάντηση τη^ Ομάδα^ Ε ρ γ α σ ^ εμηειρογνωμόνων
      ηου έχουν υηοδείζει τα συμΡαλλόμενα μέρη για να μελετήσουν και να
      δώσουν τελική μορφή στο σχέδιο του ηρωτοκόλλου "ανοιχτή^ θαλάσση^'
      και να το υηοΡάλλουν στη σύνοδο των ηληρεξουσΐων, η οηοία θα
      ηραγματοηοιηθεΐ    για    το   σκοηό   αυτό   μεταγενέστερα. Η      Ομάδα
      εμηειρογνωμόνων συνεδρίασε στην Αθήνα αηό τις 7 έ<ι^ τ ^ 11 Μαΐου
      1990, και αηό τις 8 έα^ τις 11 ΙανουαρΙου 1991, καθ<^ και στο Κάϊρο
      σ τ κ 4 και 5 ΟκτωΡρΙου 1991, ηριν την Έρδομη Τακτική Συνδιάσκεψη των
      συμΡαλλομένων μερών (Κάϊρο, 8-12 ΟκτωΡρΙου 1991).
      Η Εηιτροηή συμμετέσχε αηό την αρχή σ τ κ ε ρ γ α σ ^ τη€ Ομάδα^ ε ρ γ α σ ^
      ηου ήχαν εηιφορχισμένη με χην εκηόνηση χου σχεδΐου ηρωχοκόλλου.
(1)   Αηόφαση  77/585/Ε0Κ, ΕΕ Ι_ 240 xη^ 19.09.1977
(2)   Αηόφαση  81/420/ΕΟΚ, ΕΕ I  162 τη^ 19.06.1981
(3)   Αηόφαση  83/101/ΕΟΚ, ΕΕ I   67 τη^ 12.03.1983
(4)   Αηόφαση  84/132/ΕΟΚ, ΕΕ I   68 τη^ 10.03.1984
                                                                                  ι
 ---pagebreak--- 5. Η Εηιχροηή υηέΡαλε σχο ΕυρΡούλιο χον Ιούνιο χου 1989 ρΐα σύσχαση
   αηόφαση^   ρε     χην οηοία   εζουσιοδοχεΐχαι     να   συρρεχάσχει  σχκ
   διαηραγραχεύσεκ για χο εν λόγω ηρωχόκολλο (έγγραφο 8Ε0(89) 928
   χελικό). Το     ΕυρΡούλιο σ χ κ   4.2.1991   (έγγραφο αριθ. 4252/91)
   εζουσιοδόχησε χην Εηιχροηή να συρρεχάσχει, σε ό,χι αφορά χα θέραχα
   ηου άηχονχαι κοινοxική^ αρροδιόxηxα^, σ χ κ διαηραγραχεύσεκ χου
                  ,,
   ηρωχοκόλλου      ανοικxή^   θαλάσση^     σύρφωνα     με     χ^    οδηγ^
   διαηραγμάxευση^.
6. Το σχέδιο χου ηρωχοκόλλου, χο οττοίο οί\μερα εΐναι έχοιμο, θα
   αηοχελέσει χο ανχικεΐμενο xελική^ διαηραγμάxευση^ καχά χη συνδιάσκεψη
   πληρεζουσίων, ηου θα ηραγμαχοηοιηθεΐ αηό                έως        1992.
   Πράγμαχι, η αηόφαση σχεχικά με χα διαμφισβητούμενα σημεία θα ληφθεί
   σχο ηλαίσιο αυχό.
   Μεχά χην έγκριση χου ορισχικού κειμένου, χο ηρωχόκολλο θα είναι
   ανοικχό ηρο^ υηογραφή καχά χη διάρκεια xη^ εν λόγω συνδιάσκεψη^
7. Ευνεηά^, ζηχείχαι αηό χο ΕυμΡούλιο να εηιχρέψει σχον Πρόεδρο να
   υηοδεΐζει   χο(χα) ηρόσωηο(α)     ηου   είναι    εξουσιοδοτημένο(α) να
   υηογράψει(ουν), εζ ονόματο^ τη^ Κοινότητα^, με την εηιφύλαξη
   μεταγενέστερη^ σύνα<ι^, το ηαρόν ηρωτόκολλο.
 ---pagebreak---                nPOTAEH AflOOAEHE TOY EYMBOYAIOY
      nou a<popd Tnv unoypatpn EVÛÇ npoiTOKdXXou OXEXIKOÛ
PE xnv npooxaola xnc MEOOYEIOU GaXâoonc and xn pûnavon nou
     npoépxExai and xnv £^£p£Ûvnon Kai xnv EKpsxdXXsuon
    xnc u<paXoKpnn(6aç, xou pu8oû KOI xou un£6à<pouç xnc
                   (Eûppaon Tnc BapKEXûvnç)
                                                           ù
 ---pagebreak--- ΤΟ ΕΥΜΒΟΛΙΟ ΤΩΝ ΕΥΡΩΠΑΪΚΩΝ ΚΟΙΝΟΤΗΤΩΝ,
 Έχονxα^ υηόψη:
 τη συνθήκη ιδρυση^ xη^ Ευρωηαϊκή^ Οικονομική^ Κοινότητα^,
 την ηρόταση xη^ Εηιτροηή^,
 Εκτιμώντα^
ότι η Κοινότητα εΐναι συρΡαλλόρενο μέρο^ στη σύρΡαση Υ«α την ηροστασΐα xη^
ΜεσογεΙου θαλάσσης αηό χη ρύηανση (Σύμβαση της Βαρκελώνης) και οτα τέσσερα
σχετικά ηρωτόκολλα·
ότι η Εηιτροηή συμμετέσχε εξ ονΟΜατος τη^ Κοινότητα^, στο ηλαΐοιο χη€
Ομάδας Εργασίας ηου συγκροτήθηκε αηό χα συμβαλλόμενα μέρη της σύμβασης της
Βαρκελώνη^, σ τ κ διαηραγμαχεύσεκ ηου συνδέονχαι ρε χην εκηόνηση ενό^
ηρωχοκόλλου, σχεχικού με χη ρύηανση ηου ηροέρχεχαι αηό χην εζερεύνηση και
την εκμετάλλευση της υφαλοκρηηΐδας, του βυθού και του υπεδάφους της
 (ηρωτόκολλο "ανοιχχής θαλάσση^')·
ότι οι τομε(ς εφαρμογής του εν λόγω ηρωτοκόλλου αφορούν, τουλάχιστον εν
μέρει, θέματα κοινοτικής αρμοδιότητας·
ότι    η   Εηιτροηή  ενημέρωσε   το   ΕυμΡούλιο     για   το   αηοτέλεσμα  των
διαηραγρατεύσεων, ηροκειρένου να του εηιτραηεΐ να λάβει οριστική θέση»
ότι το ηαρόν ηρωτόκολλο ηρέηει να εκδοθεΐ           κατά   τη συνδιάσκεψη  των
ηληρεζουσΐων, η οηοία 8α ηραγματοηοιηθεί            αηό           έ<ι^
1992·
ότι είναι σκόηιμο, με την εηιφύλαζη μεταγενέστερης σύναψης, να υηογραφεί το
εν λόγω ηρωτόκολλο αηό την Κοινότητα·
ΑΠΟΦΑΕΙΖΕΙ:
                                 ΑΡΘΡΟ ΜΟΝΟ
0 Πρόεδρος του Ιυμβουλίου έχει δικαίωμα να υποδείξει το(τα) πρόσωπο(α) ηου
είναι εξουσιοδοτημένο(α) να υηογράψει(ουν), εξ ονόματος της Κοινότητας, με
χην εηιφύλαζη μεταγενέστερη^ σύνα»*^, χο ηρωτόκολλο xη^ ΣύμΡαση€ τη€
Βαρκελώνης, σχετικά με χην προστασία της ΜεσογεΙου θαλάσσης αηό χη ρύηανση
ηου ηροέρχεχαι αηό χην εζερεύνηση και χην εκμετάλλευση της υφαλοκρηπΐδας,
του βυθού και του υηεδάφους της, σύμφωνα με το άρθρο 7 της Σύμβασης της
Βαρκελώνης και να του^ ηαρασχεθούν οι ε ξ ο υ σ ^ ηου αηαιτούνχαι για χο σκοηό
αυχό.
                                          Βρυξέλλες,
                                          Για χο ΣυμΡούλιο
                                          0 Πρόεδρος
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 4
                       DBAFT PBOTOCOL POB THE PBOTECTION OF THE
                MEDITERRANEAN SEA AGAINST POLLUTION BESULTING FROM
            EXPLOBATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND
                                   THE SEA-BED AND ITS SUBSOIL
                                              PREAMBLE
        The Contracting Psrties to the present Protocol
         Being Parties to the Convention for the Protection of the Mediterranean Sea against Pollution,
sdopted 3t Barcelona on 16 February 1976,
         Bearing in mind article 7 of the said Convention,
         Bearing in mind the increase in the activities concerning exploration and exploitation of the
Mediterranean sea-bed and its subsoil,
        Recognizing that the pollution which may result therefrom represents a serious danger to the
environment and to human beings.
        Desirous of protecting and preserving the Mediterranean Sea from pollution resulting from
exploration and exploitation activities,
        Taking into account the Protocols related to the Convention for the Protection of the
Mediterranean Sea against Pollution, and, in particular, the Protocol concerning Cooperation in
Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of
Emergency, sdopted 3t Bsrceions on 16 February 1976, and the Protocol concerning Mediterranean
Specially Protected Areas, adopted at Geneva on 3 April 1982,
        Bearing in mind the reievsnt provisions of the United Nations Convention on the Law of the
Sea, done 3t Montego Bay on 10 December 1982,
        Recognizing the differences in levels of development between the coastal States, end taking
account of the economic 3nd social imperatives of the developing countries,
        Have agreed as follows:
*
  The representative of Turkey expressed a reservation.
 ---pagebreak---                                                                                   UNEP(OCA)/MED WG.30/4
                                                                                                       page 5
SECTION I       -      GENERAL PROVISIONS
Article 1       -      DEFINITIONS
For the purposes of this Protocol:
(3)      'Convention" means the Convention for the Protection of the Mediterranean Sea against
         Pollution, adopted at Barcelona on 16 February 1976;
(b)      "Organization" means the body referred to in article 13 of the Convention;
(c)      "Resources" means all mineral resources, whether solid, liquid or gaseous;
(d)      "Activities concerning exploration and/or exploitation of the resources in the Protocol Ares"
          (hereinafter referred to as "activities") means:
         (i)    Activities of scientific research concerning the resources of the sea-bed and its subsoil;
          (ii)  Exploration activities:
                       Seismologies! activities; surveys of the sea-bed and its subsoil; sample taking;
                       Exploration drilling;
         (iii)  Exploitation activities:
                       Installation of a fixed structure for the purpose of recovering resources, and activities
                       connected therewith;
                       Development drilling;
                       Recovery, treatment and storage;
                      Transportation to shore by pipeline and loading of ships;
                      Maintenance, repair and other ancillary operations;
(e)      "Pollution" is defined as in article 2 paragraph (3) of the Convention;
(0       "Installation" means any fixed or floating structure, and any integral part thereof, that is engaged
         in activities, including, in particular
         (i)    Fixed or mobile offshore drilling units;
         (ii)   Fixed or floating production units including dynamically positioned units;
         (iii)  Offshore storage facilities including ships used for this purpose;
         (iv)   Offshore loading terminals snd transport systems for the extracted products, such 3s
                submarine pipelines;
         (v)   Apparatus stlsched to it snd equipment for the reloading, processing, storage snd
                disposal of substances removed from the sea-bed or its subsoil;
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 6
(g)    "Operator" means:
        (i)  The person authorized by the Party exercising jurisdiction over the ares where the
             activities are undertaken (herein3fter referred to 3S the "Competent State") in accordsnce
             with this Protocol to carry out sctivities; or
       (ii)  Any person who does not hold 3 vslid authorization within the meaning of this Protocol
             but is de facto in overall control of the activities;
(h)    "Safety zone" means 3 zone established around installations in conformity with the provisions
       of general interrationsl Isw 3nd technicsl requirements, with sppropriste msrkings to ensure the
       safety of both navigation and the installations;
(i)    "Wastes" means substances and materials of any kind. form, or description which are intended
       to be abandoned or are abandoned in the Protocol Area and which might cause pollution;
(j)    "Harmful or noxious substances and materials" means substances and materials of any kind,
       form or description, which might cause pollution, if introduced into the Protocol Area;
(k)    "Chemical Use Pl3n" means 3 plsn drawn up by the operator of 3ny offshore inst3ll3tion which
       shows:
       (i)   The chemicals which the operator intends to use in the operations;
       (ii)  The purpose or purposes for which the operator intends to use the chemicals;
       (iii) The maximum concentrations of the chemicals which the operator intends to use within
             any other substances, and maximum amounts intended to be used in any specified
             period;
       (iv)  The area within which the chemical may escape into the marine environment;
(I)    "Oil" means petroleum in any form including crude oil, fuel oil. oily sludge, oil refuse and refined
       products and, without limiting the generality of the foregoing, includes the substances listed in
       the appendix to this Protocol;
(m)    "Oily mixture" means a mixture with any oil content;
(n)    "Sewage" means:
       (i)   Drainage and other wastes from any form of toilets, urinals and wster-closet scuppers;
       (ii)  Drainsge from medical premises (dispensary, sick bay, etc.) via wssh basins, wssh tubs
             3nd scuppers located in such premises;
       (iii) Other waste waters when mixed with the drainages defined above;
(o)    "Gsrbage" means all kinds of victual, domestic 3nd operations! W3ste generated during the
       normal operation of the installstion 3nd liable to be disposed of continuously or periodically,
       except those substances which are defined or listed elsewhere in this Protocol;
(p)    "Freshwater limit" means the plsce in water courses where, at low tides and in a period of low
       freshwater flow, there is an appreciable increase in salinity due to the presence of sea water.
*   The representative of Turkey expressed a reservation.
 ---pagebreak---                                                                                    UNEP(OCA)/MED WG.30/4
                                                                                                         page 7
 Article 2        -     GEOGRAPHICAL COVERAGE *
 1.       The area to which this Protocol applies (referred to in this Protocol as the "Protocol Area") shall
           be:
           (a)   The Mediterranean Sea Area 3S defined in 3rticle 1 of the Convention;
           (b)   Waters on the landward side of the baselines from which the breadth of the territorial sea
                  is measured and extending, in the case of watercourses, up to the freshwater limit
 2.       Any of the Contracting Parties to this Protocol (referred to in this Protocol as "the Psrties") rrwy
          3lso include in the Protocol 3re3 wettands or ccasral sreas of their territory.
Article 3        -      GENERAL UNDERTAKINGS
 1.       The Parties shall take, individually or through bilateral or multilateral cooperation, all appropriate
           measures to prevent, 3b3te, combat snd control pollution in the Protocol Area resulting from
          3ctivities, inter alia by ensuring thst the best 3V3il3ble technology, environmentslly effective snd
          economically appropriate, is used for this purpose.
2.        The Parties shall ensure that all necessary measures are taken so that activities do not cause
          pollution.
 SECTION II -           AUTHORIZATION SYSTEM
Article 4        -      GENERAL PRINCIPLES
 1.       All activities in the Protocol Area, including erection on site of installations, shall be subject to
          the prior written authorization for exploration or exploitation from the competent national
          authority of the Competent State. Such authority, before granting the authorization, should be
          satisfied that the installation has been constructed according to international standards and
          practice and that the operator has the technical competence and the financial capacity to carry
          out the activities. Such authorization should be granted in accordance with the appropriate
          procedure. 3S defined by the competent nationsi suthority.
2.        Authorization shall be refused if there are indications that the proposed activities are likely to
          cause significant adverse effects on the environment that could not be avoided by compliance
          with the conditions laid down in the authorization and referred to in article 6, paragraph 3. of this
          Protocol.
3.        When considering approval of the siting of an installation, the Competent State shall ensure that
          no detrimental effects will be caused by such siting to existing installstions, in particular,
          pipelines and cables.
Article 5        -      REQUIREMENTS FOR AUTHORIZATIONS
1.        The Competent State shall prescribe that any application for authorization or for the renewal of
          an authorization is subject to the submission of the project by the candidate operator to the
          competent national authority and that any such application must include, in particular, the
          following:
•
    The representative of Turkey expressed a reservation.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 8
          (3)   A survey concerning the effects of the proposed activities on the environment; the
                 competent national authority may, in the light of the nature, scope, duration and technical
                 methods employed in the activities and of the characteristics of the area require that an
                 environmental impact assessment be prepared in sccordance with annex IV to this
                 Protocol;
          (b)    The precise definition of the geographic areas where the sctivity is envissged, including
                 S3fety zones;
          (c)    Pditicuisrs of the professions! and technical qualifications of the candidate operator and
                 personnel on the installation, as well as of the composition of the crew;
          (d)   The safety measures as specified in article 15;
          (e)    The operator's contingency plan as specified in article 16;
          (f)    The monitoring procedures as specified in article 19;
          (g)    The plans for removal of installations as specified in article 20;
          (h)    Precautions for specially protected areas as specified in article 21;
          (i)    The insurance or other financial security to cover liability 3S prescribed in srticle 27,
                 paragraph 2 (b).
2.        The competent national authority may decide, for scientific research and exploration activities,
          to limit the scope of the requirements laid down in paragraph 1 of this article, in the light of the
          nature, scope, duration and technical methods employed in the activities and of the
          characteristics of the area.
Article 6        -     GRANTING OF AUTHORIZATIONS
1.        The authorizations referred to in article 4 shall be granted only after examination by the
          competent national authority of the Competent State of the requirements listed in article 5 and
          annex IV.
2.        Each authorization shall specify the activities and the period of validity of the authorization,
          establish the geographical limits of the area subject to the authorization and specify the
          technical requirements and the authorized installations. The necessary safety zones shall be
          established at a later appropriate stage.
3.        The authorization may impose conditions regarding measures, techniques or methods designed
          to reduce to the minimum risks of and damage due to pollution resulting from the activities.
4.        The Parties shall notify the Organization as soon as possible of authorizstions granted or
          renewed. The Organization shall keep a register of all the authorized installations in the Protocol
          Ares.
Article 7        -     SANCTIONS
Esch Psrty srrall prescribe ssnctions to be imposed for breach of obligations arising out of this Protocol,
or for non-observsnce of the national laws or regulations implementing this Protocol, or for non-
fulfillment of the specific conditions attsched to the authorization.
 ---pagebreak---                                                                                UNEP(OCA)/MED WG.30/4
                                                                                                    page 9
SECTION III -        WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
Article 8       -    GENERAL OBLIGATION
Without prejudice to other standards or obligations referred to in this Section, the Parties shall impose
3 general obligation upon operators to use the best available, environmentally effective snd economically
appropriate technology and to observe internationally accepted standards regarding wastes as well as
the use. storage and discharge of harmful or noxious substances snd materials, with 3 view to
minimizing the risk of pollution.
Article 9      -     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
1.       The use and storage of chemicals for the activities should be approved by the competent
         national authority of the Competent State, on the basis of the Chemical Use Plan.
2.       The Competent State may regulate, limit or prohibit the use of chemicals for the activities in
         accordance with guidelines to be adopted by the Contracting Parties.
3.       For the purpose of protecting* the environment, the Parties shall ensure that each substance and
         material used for activities is accompanied by a compound description provided by the entity
         producing such substance or material. < The Parties may require a description of the
         substances and materials used to protect the installation. >
4.       The disposal into the Protocol Area of harmful or noxious substances and materials listed in
         annex I to this Protocol is prohibited.
5.       The disposal into the Protocol Area of harmful or noxious substances and materials listed in
         annex II to this Protocol requires, in each case, a prior special permit from the competent
         national authority of the Competent State.
6.       The disposal into the Protocol Area of all other harmful or noxious substances end materials
         which might cause pollution requires a prior general permit from the competent nations!
         authority of the Competent State.
7.       The permits referred to in paragraphs 5 and 6 above shall be issued only after careful
         consideration of all the factors set forth in annex III to this Protocol.
Article 10     -     OIL AND OILY MIXTURES AND DRILLING FLUIDS
1.       The Parties shall formulate and adopt common standards for the disposal of oil and oily
         mixtures from instsllstions into the Protocol Area:
         (s)   Such common standards shall be formulated in accordance with the provisions of annex
               V, A;
         (b)   Such common standsrds shall not be less restrictive thsn, in particulsr, the following:
               (i)   For rrachinery spsce drainage, a maximum oil content of 15 mg per litre whilst
                     undiluted;
               (ii)  For production wster, a msximum oil content of 40 mg per litre as 3n sverage in sny
                     calender month; the content shall not 3t any time exceed 100 mg per litre;
         (c)   The Psrties shaJI determine by common sgreement which method will be used to snalyze
               the oil content.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
D3ge 10
2.       The Parties snail formulate and adopt common standards for the use and disposal of drilling
         fluids and drill cuttings into the Protocol Area. Such common standards shall be formulated in
         accordance with the provisions of annex V, B.
3.       Each Party shall take appropriste measures to enforce the common standards adopted pursuant
         to this article or to enforce more restrictive standards that it may have adopted.
Article 11      -     SEWAGE
1.       The Competent Stste shsll prohibit the dischsrge of sewsge from instsllstions permsnently
         manned by 10 or more persons into the Protocol Area except in cases where:
         (a)    The installation is discharging sewage after treatment as approved by the competent
                national authority at a distance of at least four nautical miles from the nearest land or fixed
                fisheries installation, leaving the competent state authority to decide on 3 case by case
                basis; or
         (b)    The sewage is not treated, at a distance of more than twelve nautical miles from the
                nearest land or fixed fisherie
                                        fisheries installation, leaving the competent state authority to decide
                on a case by case basis; or
         (c)    The sewage has passed through an approved sewage treatment plant certified by its
                competent national authority.
2.       The Competent State shsll impose stricter provisions, 3s appropriate, where deemed necessary
         because of, inter alia, the regime of the currents in the ares or proximity to sny sres referred
         to in article 21.
3.       The exceptions referred to in paragraph 1 shall not apply if the discharge produces visible
         floating solids or produces colouration, discolouration or opacity of the surrounding water.
4.       If the sewage is mixed with wastes and harmful or noxious substances and materials having
         different disposaJ requirements, the more stringent requirements shall apply.
Article 12      -     GARBAGE
1.       The Competent State sriall prohibit the disposal into the Protocol Area of the following products
         and materials:
         (a)    All plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic
                garbage bags;
         (b)    All other non biodegradable garbage, including paper products, rags, glass, metal,
                bottles, crockery, dunnage, lining and packing materials.
*
     The representative of Turkey expressed a reservstion.
 ---pagebreak---                                                                                  UNEP(OCA)/MED WG.30/4
                                                                                                   page 11
2.       Disposal into the Protocol Area of food wastes shall take place as far sway as possible from
         land, but in any esse not less than twelve nautical miles from the nearest land. Such wastes
         cannot be disposed of unless they first have gone through a crusher or a grinder so that they
         can go through a sieve whose openings do not exceed 25 mm.
3.       If garbage is mixed with other discharges having different disposal or discharge requirements
         the more stringent requirements shall 3pply.
Article 13      -     RECEPTION FACILITIES. INSTRUCTIONS AND SANCTIONS
The Parties shall ensure that:
(a)      Operators dispose satisfactorily of all wastes and harmful or noxious substances and materials
         in designated onshore reception facilities, except as otherwise authorized by the Protocol;
(b)      Instructions are given to all personnel concerning proper means of disposal;
(c)      Sanctions 3re imposed in respect of illegal disposals.
Article 14      -     EXCEPTIONS
1.       The provisions of this Section shaJI not 3pply in esse of:
          (a)   Force majeure and in particular for disposals:
                - to save human life,
                - to ensure the safety of installations,
                - in case of damage to the installation or its equipment,
                on condition that all reasonable precautions have been taken after the damage is
                discovered or after the disposal has been performed to reduce the negative effects.
         (b)   The discharge into the sea of substances containing oil or harmful or noxious substances
                or materials which, subject to the prior approval of the competent national authority of the
                Competent State, sre being used for the purpose of combating specific pollution incidents
                in order to minimize the damage due to the pollution.
2.       However, the provisions of this Section shsll spply in any case where the operator scted with
         the intent to cause damage or recklessly and with knowledge that damage will probably result.
3.       Disposals carried out in the circumstances referred to in paragraph 1 of this article shsll be
         reported immedistely to the Orgsnizstion and, either through the Orgsnization or directly, to sny
         Party or Parties likely to be affected, together with full details of the circumstances and of the
         nature and quantities of wastes or harmful or noxious substances or materials discharged.
     The representative of Turkey expressed a reservation.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 12
SECTION IV -           SAFEGUARDS
Article 15       -     SAFETY MEASURES
1.       The Competent Stste within whose jurisdiction sctivities are envisaged or sre being carried out
         shall ensure that safety measures are taken with regard to the design, construction, placement,
         equipment, marking, operation and maintenance of installations.
2.       The Competent State shall ensure that the operator has st all times on the installations adequate
         equipment and devices, maintained in good working order, for protecting human life, preventing
         and combating accidental pollution and facilitating prompt response to an emergency, in
         accordance with the best svailsble environmentally effective and economically appropriate
         technology snd the provisions of the operator's contingency plan referred to in article 16.
3.       The competent national authority of the Competent State shall require a certificate of safety and
         fitness for the purpose (hereinafter referred to as "certificate") issued by a recognized body to
         be submitted in respect of production platforms, mobile offshore drilling units, offshore storage
         facilities, offshore loading systems and pipelines and in respect of such other installations as
         may be specified by the Competent State.
4.       The Parties shsll ensure through inspection that the sctivities are conducted by the operators
         in accordance with this article.
Article 16       -     CONTINGENCY PLANNING
1.       Esch Psrty shsll endeavour to promote snd msintaln a plsn for combating pollution or other
         sdverse effects 3nd for saving human life in the Protocol Area in cases of emergencies resulting
         from sctivities (hereinsfter referred to 3S "rations! contingency plsn"), taking into sccount the
         Protocol concerning Cooperation in Combating Pollution of the Mediterranean Ses by Oil snd
         Other Hsrmful Substances in Cases of Emergency. The national contingency plan should
         establish and co-ordinate in particular, the equipment ships, aircraft and manpower prepared
         for operations in cases of emergencies. The Parties should promote bilateral or multilateral
         cooperation regarding their national contingency plans.
2.       Each Party shsll require operators in charge of installations under its jurisdiction to have a
         contingency plan to combat accidents! pollution, co-ordinsted with the national contingency plsn
         estsblished in sccordsnce with the Protocol concerning Cooperation in Combating Pollution of
         the Mediterranean Sea by Oil snd Other Hsrmful Substances in Cases of Emergency and
         spproved in conformity with the procedures established by the competent national authorities.
3.       The Competent Stste shsll estsblish nstionsl co-ordin3tion snd direction in sccordsnce with
         annex VII to this Protocol.
Article 17       - NOTIFICATION
Each Party shall require operators in charge of installations under its jurisdiction to report without delay
to the competent nationsi authority:
(a)      any event on their installation causing or likely to cause pollution in the Protocol Area;
(b)      sny observed event 3t se3 causing or likely to csuse pollution in the Protocol Ares.
     The representative of France expressed 3 reserv3tion.
 ---pagebreak---                                                                                UNEP(OCA)/MED WG.30/4
                                                                                                     page 13
Article 18      -     MUTUAL ASSISTANCE IN CASES OF EMERGENCY
In cases of emergency, a Party requiring sssistsnce in order to prevent, abate or combat pollution
resulting from activities may request help from the other Parties, either directly or through the
Organization, which shall do their utmost to provide the assistance requested.
For this purpose, a Party who is slso a Psrty to the Protocol concerning cooperation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in esses of emergency shall
apply the pertinent provisions of the said Protocol.
Article 19      -     MONITORING
1.       The operator shall be required to measure or to entrust to a qualified entity, expert in the matter,
         the effects of the activities on the environment in the light of the nature, scope, duration and
         technical methods employed in the activities and of the characteristics of the 3res and to report
         on them periodically or upon request by the competent national authority of the Competent
         State for the purpose of an evaluation by such national authority according to a procedure
         established by the Competent State in its suthorizslion system.
2.       The competent national authority of the Competent State should establish, where appropriate,
         a national monitoring system in order to be in a position to survey regularly the installations and
         the impact of the sctivities on the environment, so 3S to ensure thst the conditions sttsched to
         the grant of the authorization are being fulfilled.
Article 20      -     REMOVAL OF INSTALLATIONS
1.       The operator shall be required by the Competent State to remove any instsllation which is
         abandoned or disused, in order to ensure safety of navigstion, taking into account the guidelines
         and standards adopted by the competent international organization. Such removal shall slso
         have due regard to other legitimate uses of the sea. in particular fishing, the protection of the
         marine environment and the rights and duties of other States. Prior to it, the operator under his
         responsibility shall take ail necessary measures to prevent spillage or leakage from the site of
         the activities.
2.       The Competent Stste shall require the operator to remove sbandoned or disused pipelines in
         accordance with paragraph 1 of this article or to abandon and clean them inside or to bury and
         clean them inside so that they neither cause pollution, endanger navigation, hinder fishing,
         threaten the marine environment, nor interfere with other legitimate uses of the sea or with the
         rights and duties of other States. The competent national authority shall ensure that appropriate
         publicity is given to the depth, position and dimensions of any buried pipeline and that such
         information is indicated on charts and notified to the Organization and other competent
         international organizations and the Parties.
3.       The provisions of this article spply slso to installations disused or abandoned by any operator
         whose authorization may have been withdrawn or suspended in compliance with article 7.
4.       The Competent Stste may indicate eventual modifications to be made to the level of activities
         and to the measures for the protection of the marine environment which had initially been
         provided for.
*
   The representative of Turkey expressed a reservation.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 14
5.        The Competent State may regulate the cession or transfer of authorized activities to other
          persons.
6.        Where the operator fails to comply with the provisions of this article, the competent national
          authority of the Competent State shall undertake, at the operator's expense, such action or
          actions as may be necessary to remedy the operator's failure to 3d.
Article 21      -      SPECIALLY PROTECTED AREAS *
ALTERNATIVE (A):
For the protection of the 3ress defined in srticle 3 of the Protocol concerning Mediterranean Specially
Protected Areas and any other area established by the Parties snd in furtherance of the goals stated
therein, the Parties shall take special measures in conformity with international law, either individually
or through multilateral or bilateral cooperation, to prevent, abate, combat snd control pollution arising
from activities in these areas.
In addition to the measures referred to in the Protocol concerning Specially Protected Areas for the
granting of authorization, such measures may include, inter alia:
ALTERNATIVE (B):
In sddition to the messures referred to in the Protocol concerning Mediterranean Specially Protected
Areas, the Parties to the present Protocol may take additional measures to protect these areas, including
inter alia:
(a)       Special restrictions or conditions when granting authorizations for such dress:
          (i)   The preparation snd evslustion of environments! impsct 3ssessments;
          (ii)  Special elaboration of provisions in such areas concerning the monitoring, removal of
                installations snd prohibition of any discharge.
(b)      Intensified exchange of information among operators, the competent national authorities, Parties
         snd the Organization regarding matters which may affect such areas.
SECTION V -            COOPERATION
Article 22      -      STUDIES AND RESEARCH PROGRAMMES
In conformity with srticle 11 of the Convention, the Psrties shell, where sppropriste, cooperate in
promoting studies 3nd undert3king programmes of scientific snd technological resesrch for the purpose
of developing new methods of:
     The representative of Turkey expressed 3 reservstion.
 ---pagebreak---                                                                                   UNEP(OCA)/MED WG.30/4
                                                                                                        page 15
 (3)       Carrying out activities in a way which minimizes the risk of pollution;
 (b)       Preventing, abating, combating and controlling pollution, especially in cases of emergency.
 Article 23       -     INTERNATIONAL RULES. STANDARDS AND RECOMMENDED PRACTICES AND
                        PROCEDURES
 1.       The Psnies shsll cooperate, either directly or through the Orgsnization or other competent
          international organizations, in order to:
          (3)     Establish appropriate scientific criteria for the formulation and elaboration of international
                  rules, standards and recommended practices and procedures for schieving the sims of
                  this Protocol;
          (b)     Formulste and elaborate such international rules, standards and recommended practices
                  and procedures;
          (c)     The Parties shall formulste and adopt guidelines in accordance with international practices
                  and procedures to ensure observance of the provisions of annex VI.
2.        The Parties shsll, as soon as possible, endeavour to harmonize their laws and regulations with
          the international rules, standards and recommended practices 3nd procedures referred to in
          paragraph 1 of this article.
3.        The Psnies shsll endeavour, as far as possible, to exchange information relevant to their national
          policies, laws and regulations and the harmonization referred to in paragraph 2 of this article.
Article 24        -     SCIENTIFIC AND TECHNICAL ASSISTANCE TO DEVELOPING COUNTRIES
1.        The Parties shall, directly or with the assistance of competent regional or other international
          organizations, cooperate with a view to formulating and, as far as possible, implementing
          programmes of assistance to developing countries, particularly in the fields of science, law,
          education and technology, in order to prevent, sbate, combat snd control pollution due to
          sctivities in the Protocol Ares.
2.        Technical assistance would include, in particular, the training of scientific, legsl snd technical
          personnel, as well as the acquisition, utilization and production by those countries of appropriate
          equipment on advantageous terms to be agreed upon among the Parties concerned.
Article 25       -      MUTUAL INFORMATION
The Psnies shsll inform one another directly or through the Organization of measures taken, of results
achieved snd, if the case arises, of difficulties encountered in the application of this Protocol.
Procedures for the collection snd submission of such information shsll be determined at the meetings
of the Psrties.
Article 26       -     TRANSFRONTIER POLLUTION
1.       Esch Psrty shsll take all measures necesssry to ensure thst sctivities under their jurisdiction sre
         so conducted so ss not to csuse a pollution beyond the limits of its jurisdiction.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 16
2.      A Party within whose jurisdiction activities are being envisaged or carried out should take into
        account any adverse environments! effects, without discrimination as to whether such effects
        are likely to occur within the limits of its jurisdiction or beyond such limits.
3.      If a Party becomes aware of esses in which the marine environment is in imminent danger of
        being damaged, or has been damaged, by pollution, it shall immediately notify other Parties
        which in its opinion are likely to be affected by such damage as well as the Organization and
        provide them with timely information that would enable them, where necessary, to take
        appropriate measures. The Organization shall distribute the information immediately to all
        relevsnt Psrties.
4.      The Parties shall endeavour, in secordsnee with their legal systems and, where appropriate, on
        the basis of an agreement, to grant equal access to and treatment in administrative proceedings
        to persons in other States who may be affected by pollution or other adverse effects resulting
        from proposed or existing operations.
5.      Where pollution originates in the territory of a State which is not a Contracting Party to this
        Protocol, any Contracting P3rty 3ffected shsll endeavour to cooperate with the said State so ss
        to make possible the application of the Protocol.
AHide 27        -     LIABILITY AND COMPENSATION *
1.      The Psnies undertake to cooperate as soon as possible in formulating and adopting appropriate
        procedures for the determination of liability and compensation for damage resulting from the
        activities deslt with In this Protocol, in conformity with article 12 of the Convention.
2.      Pending development of such procedures, the Psrties:
        (a)    Shall take all measures necessary to ensure that liability for damage caused by activities
                is imposed on operators, and they shsll be required to pay prompt and adequate
               compensation, to be determined on the basis of strict and limited liability
ALTERNATIVE A:
        (b)     Shall take all measures necessary to ensure that operators shall have and maintain
                insurance cover or other financial security in such an amount, of such type and under
                such terms as the Competent State shall specify in order to cover the liability under this
                Protocol.
ALTERNATIVE B:
        (b)    Msy require the operator to cover his responsibility with sny insurance or other firrancisl
               securities.
*
     The following reservstions were expressed: by the EEC, France, Spain and Tunisia with respect
to paragraph 2; by Morocco and Turkey with respect to the whole article.
 ---pagebreak---                                                                                  UNEP(OCA)/MED WG.30/4
                                                                                                       psge 17
  SECTION VI -          FINAL PROVISIONS
  Article 28       -    APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
  Each Competent State shall appoint one or more competent national authorities to:
  (s)       Grant, renew and register the suthorizations provided for in Section II of this Protocol;
  (b)       Issue and register the special and general permits referred to in article 9 of this Protocol;
  (c)       Issue the permits referred to in annex V to this Protocol;
  (d)      Approve the treatment system and certify the sewage treatment plant referred to in srticle 11,
            paragraph 1, of this Protocol;
 (e)       Give the prior spprovsl for exceptions! discharges referred to in srticle 14, paragraph 1 (b), of
           this Protocol;
 (f)       Carry out the duties regarding safety measures referred to in article 15, paragraphs 3 and 4, of
           this Protocol;
 (g)       Perform the functions relsting to contingency plsnning described in srticle 16 snd snnex VII to
           this Protocol;
 (h)       Establish monitoring procedures as provided in anide 19 of this Protocol;
 (i)       Supervise the removal operations of the installations as provided in anicle 20 of this Protocol.
AHlcle 29         -    TRANSITIONAL MEASURES
Each Party shall elaborate procedures and regulations regarding activities, whether authorized or not,
initi3ted before the entry into force of this Protocol, to ensure their conformity, ss fsr ss practicsble. with
the provisions of this Protocol.
Article 30       -     MEETINGS
1.        Ordinary meetings of the Parties shall take place in conjunction with ordinary meetings of the
          Contracting Psrties to the Convention held pursusnt to srticle 14 of the Convention. The Psrties
          may also hold extraordinary meetings in accordance with article 14 of the Convention.
2.        The functions of the meetings of the Panles to this Protocol shall be, inter alia:
          (a)    To keep under review the implementation of this Protocol and to consider the efficacy of
                 the measures adopted snd the advisability of any other measures, in particular in the form
                 of annexes snd appendices;
          (b)    To revise 3nd smend sny annex or appendix to this Protocol;
          (c)    To consider the irrformstion concerning suthorizations granted or renewed in sccordsnce
                 with Section II of this Protocol;
          (d)    To consider the informstion concerning the permits issued snd spprovsls given in
                accordance with Section III of this Protocol;
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 18
         (e)   To adopt the guidelines referred to in article 9, paragraph 2, and srtide 23, paragraph 1
               (c), of this Protocol;
         (0    To consider the records of the contingency plsns snd mesns of intervention in
               emergencies adopted in sccordsnce with srtide 16 of this Protocol;
         (g)   To establish criteria and formulate international rules, standards and recommended
               practices and procedures in accordsnce with srtide 23, paragraph 1, of this Protocol, in
               whatever form the Parties may agree;
         (h)   To facilitate the implementation of the policies and the achievement of the objectives
               referred to in Section V, in particular the harmonization of national laws in accordance with
               article 23, paragraph 2 of this Protocol;
         (i)   To review progress made in the implementation of article 27 of this Protocol;
         (j)   To discharge such other functions ss may be appropriate for the spplication of this
               Protocol.
Article 31     -      RELATIONS WITH THE CONVENTION
1.       The provisions of the Convention relating to any Protocol shall apply with respect to this
         Protocol.
2.       The rules of procedure snd the financial rules adopted pursuant to srtide 18 of the Convention
         shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise.
Article 32     -      FINAL CLAUSE
1.       This Protocol shall be open for signature, at                     from         to          , and at
                       from        to               , by any State Party to the Convention invited to the
         Conference of Plenipotentiaries of the Coastal States of the Mediterranesn Region for the
         Protection of the Mediterranesn Se3 sgsinst Pollution resulting from Exploration snd Exploitation
         of the Sea-bed snd its Subsoil, held at              from      to       . It snail also be open until
         the same dates for signature by the European Economic Community and by any similar regional
         economic grouping of which st least one member is a coastal State of the Protocol Ares snd
         which exercises competence in fields covered by this Protocol in conformity with srtide 24 of
         the Convention.
2.       This Protocol shsll be subject to ratificstion, acceptance or approval. Instruments of ratificstion,
         scceprance or approval shsll be deposited with the Government of Spain, which will assume the
         functions of Depositary.
3.       As from               , this Protocol shall be open for accession by the States referred to in
         paragraph 1 above, by the European Economic Community and by any grouping referred to in
         that paragraph.
4.       This Protocol shall enter into force on the thirtieth d3y following the d3te of deposit of st least
         six Instruments of ratificstion, scceptance or spproval of, or secession to, the Protocol by the
         Parties referred to in paragraph 1 of this srticle.
 ---pagebreak---                                                                   UNEP(OCA)/MED WG.30/4
                                                                                     page 19
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Protocol.
DONE at         on this          in a single copy in the Arabic, English, French and Spanish
languages, the four texts being equally authoritative.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 20
                                                   ANNEX I
                      HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
               THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED
        The following substances and materials and compounds thereof sre listed for the purposes of
        srtide 9, paragraph 4 of the Protocol. They have been selected mainly on the basis of their
        toxicity, persistence and bioaccumulation:
         1.    Mercury snd mercury compounds
        2.     Cadmium snd csdmium compounds
        3.     Organotin compounds and substances which may form such compounds in the marine
               environment-/
        4.     Organophosphorus compounds and substances which may form such compounds in the
               marine environment-/
        5.     Orgsnohalogen compounds and substances which may form such compounds in the
               marine environment-/
        6.     Crude oil, fuel oil, oily sludge, used lubricating oils and refined products
        7.     Persistent synthetic materials which may float, sink or remain in suspension and which
               may interfere with any legitimate use of the sea
        8.     Substances having proven carcinogenic, teratogenic or mutagenic properties in or through
               the marine environment
        9.     Radioactive substances, including their wastes, if their discharges do not comply with the
               principles of radiation protection as defined by the competent international organizations,
               taking into account the protection of the marine environment
        The present annex does not apply to discharges which contain substances listed in section A
        that are below the limits defined jointly by the Parties snd, in relation to oil. below the limits
        defined in artide 10 of this Protocol.
-/      With the exception of those which are biologically harmless or which are rapidly converted into
        biologically hsrmless substsnces.
 ---pagebreak---                                                                         UNEP(OCA)/MED WG.30/4
                                                                                             page 21
                                             ANNEX II
                  HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                   THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
                             IS SUBJECT TO A SPECIAL PERMIT
    The following substances and materials and compounds thereof have been selected for the
    purpose of artlde 9, paragraph 5 of the Protocol.
    1.   Arsenic
    2.    Lead
    3.    Copper
    4.   Zinc
    5.    Beryllium
    6.    Nickel
    7.   Vanadium
    8     Chromium
    9.   Biocides and their derivatives not covered in annex
    10.  Selenium
    11.  Antimony
    12.   Molybdenum
    13.  rrfanium
    14.  Tin
    15.  Barium (other than barium sulphate)
    16.  Boron
    17.  Uranium
    19.  Cobslt
    19.  Thsllium
   20.   Tellurium
   21.   Silver
   22.   Cyanides
B. The control snd strict limitation of the discharge of substances referred to in section A must be
   implemented in accordance with annex III.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 22
                                                 ANNEX III
                 FACTOBS TO BE CONSIDEBED FOB THE ISSUE OF THE PEBMITS
         For the purpose of the issue of a permit required under snide 9, psragraph 7, psniculsr sccount
will be taken, as the case may be. of the following factors:
         Characteristics and composition of the waste
         1.    Type and size of waste course (e.g. industrial process);
         2.    Type of waste (origin, average composition);
         3.    Form of waste (solid, liquid, sludge, slurry, gaseous);
         4.    Total amount (volume discriarged, e.g. per yesr);
         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 propenies for the waste.
         Characteristics of waste constituents with respect to their harmfulness
         1.    Persistence (physical, chemical, biological) in the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in biologicsl msterials or sediments;
         4.    Biochemical transformstion producing hsrmful compounds;
         5.    Adverse effects on the oxygen content snd bslsnce;
         6.    Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic
               environment with other ses-w3ter constituents which msy produce hsrmful biologicsl or
               other effects on any of the uses listed in section E below.
         Characteristics of discharge site and receiving marine environment
         1.    Hydrographic. meteorological, geological snd topographicsl characteristics of the sres;
         2.    Locstion 3nd type of the dischsrge (oulfsll, canal, outlet, etc.) and its relation to other
               aress (such ss smenity sress, spswning, nursery snd fishing sress, shellfish grounds) snd
               other dischsrges;
         3.    Initial dilution achieved at the point of discharge into the receiving marine environment;
 ---pagebreak---                                                                             UNEP(OCA)/MED WG.30/4
                                                                                                page 23
        4.    Dispersion characteristics such as effects of currents, tides and wind on horizontal
              transport 3nd vertical mixing;
        5.    Receiving wster characteristics with respect to physical, chemicsl, bidoglcsl snd
              ecdogicsl conditions in the discharge ares;
        6.    Capacity of the receiving marine environment to receive wsste dischsrges without
              undesirable effects.
D.      Availability of waste technologies
The methods of waste reduction and discharge for industrial effluents as well as domestic sewage should
be selected taking into account the availability and feasibility of:
        (3)   Alternative treatment processes;
        (b)   Re-use or elimination methods;
        (c)   On-iand disposal alternatives;
        (d)   Appropriate low-waste technologies.
        Potential impairment of marine ecosystem and sea-water uses
        1.    Effects-on human life through pollution impsct on:
              (a)    Edible marine organisms;
               (b)   Bathing waters;
            . (c)    Aesthetics.
        2.    Effects on marine ecosystems, in particular living resources, endangered species and
              critical habitats.
        3.    Effects on other legitimate uses of the ses in conformity with internstionsl Isw.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
psge 24
                                                ANNEX IV
                            ENVIBONMENTAL IMPACT ASSESSMENT
1. Esch Psrty shsll require thst the environmental imrpact sssessment contains at least the fdlowing:
   (a)  A description of the geographies! boundaries of the area within which the activities sre to be
        carried out, induding safety zones where applicable;
   (b)  A description of the initial state of the environment of the area;
   (c)  An indication of the nature, aims, scope and duration of the proposed activities;
   (d)  A description of the methods, installations and other means to be used, possible alternatives
        to such methods snd mesns;
   (e)  A description of the foreseesble direct or indirect shoH and long-term effects of the proposed
        activities on the environment, induding fauna, flora and the ecological balance;
   (f)  A statement setting out the measures proposed for reducing to the minimum the risk of
        damage to the environment from carrying out the proposed activities; in addition, possible
        alternatives to such measures;
   (g)  An indication of the measures to be taken for the protection of the environment from pdlution
        and other adverse effects during and sfter the proposed sctrvities;
   (h)  A reference to the methoddogy used for the environments! imp3Ct sssessment;
   (f)  An Indication of whether the environment of sny other Stste is likely to be affected by the
        proposed activities.
2. Each Party shall promulgate standards taking into account the international rules, standards and
   recommended practices and procedures, adopted in accordsnee with article 23 of the Protocd. by
   which environmental impact assessments are to be evaluated.
 ---pagebreak---                                                                                 UNEP(OCA)/MED WG.30/4
                                                                                                    page 25
                                                   ANNEX V
                              OIL AND OILY MIXTURES AND DRILLING PLUIDS
The fdlowing provisions shall be prescribed by the Psnies in sccordsnce with snide 10:
     Oil snd Oilv Mixtures
     1.      Spills of high oil content in processing drainage and platform drainage shall be contained,
             diverted and then treated as part of the product, but the remainder shall be treated to an
             acceptable level before discharge, in sccordsnce with good oilfield practice;
     2.      Oily waste snd sludges from separation processes shall be transported to shore;
     3.      All the necessary precautions should be taken to minimize losses of oil into the sea from oil
             collected or flared from well testing;
     4.     All the necessary precautions should be taken to ensure that sny gas resulting from oil
             activities should be flared or used in an appropriate manner.
B.   Drilling Fluids and Drill Cuttings
     1.     Water-based drilling fluids and drill cuttings are subject to the fdlowing requirements:
             (s) The use 3nd disposal of such drilling fluids are subject to the Chemical Use Plan and
                   the provisions of artide 9 of this Protocd;
             (b) The disposal of the drill cuttings shell either be made on land or into the ses in sn
                   sppropriste site or area as specified by the Competent State.
     2.     Oil-based drilling fluids snd drill cuttings are subject to the fdlowing requirements:
             (a) Such fluids shall only be used if they are of a sufficiently low toxicity and only after the
                   operator has been issued a permit by the competent national authority of the Competent
                   State when it has verified such low toxicity;
             (b) The disposal into the sea of such drilling fluids is prohibited;
             (c) The disposal of the drill cuttings into the sea is only permitted on condition that an
                   efficient solids contrd equipment is installed and properly operated, that the discharge
                   point is welt below the surface of the water, and that the oil content is less than 100
                   grams of oil per kilogram dry cuttings;
             (d) The disposal of such drill cuttings in specially protected aress is prohibited;
            (e) In esse of production snd development drilling, s programme of ses-bed sampling snd
                   analysis relating to the zone of contamination must be undertaken.
3.   Diesel-based drilling fluids:
     The use of diesel-based drilling fluids is prohibited. Diesel oil msy exceptlonslly be sdded to
     drilling fluids in such circumstsnees ss the Psnies msy specify.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 26
                                                 ANNEX VI
                                           SAPETY MEASUBES
The fdlowing provisions shall be prescribed by the Parties in accordance with snide 15:
(a)  That the installation must be safe and fit for the purpose for which it is to be used, in particular,
     that it must be designed and constructed so as to withstand, together with its maximum load, sny
     natural condition, induding, more specifically, maximum wind and wave conditions as established
     by historical weather patterns, earthquake possibilities, sea-bed conditions and stability, and water
     depth;
(b)  That all phases of the activities, induding storage and transport of recovered resources, must be
     properly prepared, that the whole activity must be open to control for safety reasons and must be
     conducted in the safest possible way, and that the operator must apply a monitoring system for
     all activities;
(c)  That the most sdvsnced safety systems must be used and periodically tested in order to minimize
     the dangers of leakages, spillages, accidental discharges, fire, explosions, blow-outs or any other
     threat to human safety or the environment that a trained specialized crew to operate and maintain
     these systems must be present and that this crew must undertake periodic exercises;
(d)  That the installation and, where necessary, the established safety zone, must be sufficiently marked
     so as to give adequate warning of its presence and sufficient details for its identification using
     appropriate and internationally recognized warning signals;
(e)  That in sccordsnce with international maritime practice, the installations must be indicated on
     charts and notified to those concerned;
(0   That, in order to secure observance of the foregoing provisions, the person and/or persons fisving
     the responsibility for the installation and/or the activities, induding the person responsible for the
     blow-out preventer, must have the qualifications required by the Competent State, and that there
      must be permanently sufficient, qualified staff present st the installation. Such qualifications should
      include, in particular, training, on a continued basis, in safety and environmental matters.
 ---pagebreak---                                                                           UNEP(OCA)/MED WG.30/4
                                                                                            psge27
                                             ANNEX VII
                                        CONTINGENCY PLAN
A. The operator's contingency dan
   1. Operators are obliged to ensure:
       (a) That the most appropriate alarm system and communication system is avsflsble at the
           installation and that it is in good working order,
       (b) That the alarm is immediately raised on the occurrence of an emergency and that any
           emergency is immediately communicated to the competent national authority of the
           Competent State;
       (c) That in co-ordination with the competent national authority of the Competent State,
           receipt of the alarm and appropriate assistance and co-ordination of assistance can be
           organized and supervised without delay;
       (d) That immediate information sbout the nsture snd extent of the emergency is given to the
           crew on the Installation and to the competent national authority of the Competent State;
       (e) That the competent national suthority of the Competent State is constantly informed sbout
           the progress of combating the emergency;
       (f) That at all times sufficient and most appropriate materials snd equipment, induding
           stand-by boats and aircraft, are available to put into effect the emergency plan;
       (g) That the most appropriate methods snd techniques are known to the specialized crew
           referred to in annex VI, paragraph c, in order to combat leakages, spillages, accidental
           discharges, fire, explosions, blow-outs and any other threat to humsn life or the
           environment;
      (h) That the most appropriate methods and techniques are known to the specialized crew
           responsible for reducing snd preventing long-term adverse effects on the environment;
      (i)  Thst the crew is thoroughly familisr with the operator's contingency plsn, thst periodic
           emergency exercises are held so thst the crew has a thorough working knowledge of the
           equipment snd procedures snd thst each individual knows exactly his rde within the plsn.
   2. The operator should co-operate, on an institutions! basis, with other operators or entities
      capable of rendering necessary assistance, so as to ensure that, in cases where the magnitude
      or nature of an emergency creates a risk for which sssistsnce is or might be required, such
      assistance can be rendered.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 28
B.   Nations! co-ordinstion 3nd diredlon
The Competent State shall establish national co-ordination and direction to ensure, in esse of an
emergency:
(3)  The co-ordinstion of the national contingency plan and/or procedures and the operator's
     contingency plsn 3nd contrd of the conduct of sctions, especislly in esse of significant sdverse
     effects of the emergency;
(b)  Direction to the operator to take any action it may specify in the course of preventing, abating or
     combating pollution or in the preparation of further action for that purpose, including placing an
     order for a relief drilling rig, or to prevent the operator from taking any specified action;
(c)  The co-ordination of actions in the course of preventing, abating or combating pollution or in
     preparation for further action for that purpose within the national jurisdiction with such sctions
     undertaken within the jurisdiction of other States or by international orgsnizstions;
(d)  Collection and ready availability of ail necessary information concerning the existing activities;
(e)  The provision of an up-to-date list of the persons and entities to be alerted and informed about an
     emergency, its development and the measures taken;
(f)  The collection of all necessary information concerning the extent and means of combating
     contingencies, 3nd the dissemination of this information to interested PsHies;
(g)  The co-ordination snd supervision of the assistance referred to in pan A above, in co-operation
     with the operator;
(h)  The organization snd if necesssry, the co-ordinstion of specified sctions induding intervention by
     technical experts snd trained personnel with the necesssry equipment snd materials.
(i)  Immediate communication to the competent national authorities of other Parties which might be
     effected by a contingency to enable them to take appropriste messures where necesssry;
(j)  The provision of technical assistance to other Parties, if necessary;
(k)  Immediate communication to the competent internationsl organizstions with 3 view to avoiding
     danger to shipping and other interests.
 ---pagebreak---                                                                    UNEP(OCA)/MED WG.30/4
                                                                                 page 29
                                              APPENDIX
              Ust of Oils *
              Asphalt solutions
              Blending Stocks
              Roofers Rux
              Straight Run Residue
              Oils
              Clarified
              Crude Oil
              Mixtures containing crude oil
              Diesel Oil
              Fuel Oil No. 4
              Fuel OH No. 5
              Fuel Oil No. 6
              Residual Fuel Oil
              Road Oil
              Transformer Oil
              Aromatic Oil (exduding vegetable oil)
              Lubricating Oils and Blending Stocks
              Mineral Oil
              Motor Oil
              Penetrating Oil
              Spindle Oil
              Turbine Oil
               Distillates
               Straight Run
               Flashed Feed Stocks
               Gas Oil
              Cracked
              Jet Fuels
              JP-1 (Kerosene)
              JP^3
              JP-4
              JP-5 (Kerosene, Hesvy)
              Turbo Fuel
               Kerosene
               Miners! Spirit
The list of oils should not necesssrily be considered ss exhsustive.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 30
              Naphtha
              Solvent
              Petrdeum
              Heartcut Distillate Oil
              Gasoline Blending Stocks
              Alkylates - fuel
              Reformates
              Pdymer - fuel
              Gasolines
              Casinghesd (natural)
              Automotive
              Aviation
              Straight Run
              Fuel Oil No. 1 (Kerosene)
              FudOilNo. 1-D
              Fud Oil No. 2
              Fud Oil No. 2-D
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