CELEX: 51992PC0169
Language: pt
Date: 1992-05-06
Title: Proposta de DECISÃO DO CONSELHO relativa à assinatura de um Protocolo relativo à protecção do Mar mediterrâneo contra a poluição causada pela exploração e pesquisa da plataforma continental, do fundo do mar e do seu subsolo (Convenção de Barcelona)

COMISSÃO DAS COMUNIDADES EUROPEIAS
                                      C0M(92) 169 final
                                      Bruxelas, 6  de Maio de 1992
                            Proposta de
                        PEÇISÃQ PQ ÇQNSEIHQ
          relativa à assinatura de um Protocolo relativo
        à protecção do Mar Mediterrâneo contra a poluição
                causada pela exploração e pesquisa
   da plataforma continental, do fundo do mar e do seu subsolo
                      (Convenção de Barcelona)
                    (apresentada pela Comissão)
 ---pagebreak---  ---pagebreak---  Proposta de decisão do Conselho relativa à assinatura de um Protocolo
 relativo à protecção do Mar Mediterrâneo contra a poluição causada pela
 exploração e pesquisa da plataforma continental, do fundo do mar e do
 seu subsolo (Convenção de Barcelona)
                            EXPOSIÇÃO DOS MOTIVOS
 1.  A Comunidade é Parte Contratante na Convenção para a protecção do
     Mar Mediterrâneo contra a poluição^1). Concluiu igualmente os
     quatro Protocolos adoptados no âmbito da Convenção, a saber, o
     Protocolo relativo à prevenção da poluição pelas operações de
      imersão^1), o Protocolo relativo á cooperação em matéria de luta
     contra a poluição pelos hidrocarbonetos e outras substâncias
     nocivas^ 2 ), o Protocolo contra a poluição de origem telúrica^3) e
     o Protocolo relativo às áreas especialmente protegidas^4).
2.   Na sua Quarta reunião ordinária (Génova, Setembro de 1985), as
     Partes Contratantes na Convenção de Barcelona solicitaram a
     preparação de um protocolo relativo à protecção do Mar Mediterrâneo
     contra a poluição causada pela exploração e pesquisa da plataforma
     continental, do fundo do mar e do seu subsolo (Protocolo "off-
     shore"), nos termos do artigo 7o_ da Convenção.
3.   0 Secretariado elaborou um projecto de protocolo e a Sexta reunião
     ordinária das Partes Contratantes (Atenas, 3-6 de Outubro de 1989)
     decidiu convocar a reunião do grupo de trabalho constituído por
     peritos designados pelas Partes Contratantes para examinar e
     finalizar o projecto de protocolo "off-shore" e propô-lo a uma
     conferência plenipotenciária a realizar para esse efeito em prazo
     posterior. 0 grupo de peritos reuniu-se em Atenas de 7 a 11 de Maio
     de 1990 e de 8 a 11 de Janeiro de 1991 e no Cairo de 4 a 5 de
     Outubro de 1991, antes da Sétima reunião ordinária das Partes
     Contratantes (Cairo, 8-12 de Outubro de 1991).
4.   A Comissão participou deste o início nos trabalhos do grupo de
     trabalho encarregado de preparar o projecto de protocolo.
5.   Em Junho de 1989 a Comissão apresentou ao Conselho uma recomendação
     de decisão que a autoriza a participar nas negociações relativas ao
     referido protocolo (doe SEC(89)928 final). 0 Conselho de 4.2.1991
     (doe no 4252/91) autorizou a Comissão a participar, no que respeita
     ás   matérias que decorrem       da competência    comunitária, nas
     negociações do protocolo "off-shore" seguindo as directrizes de
     negociação.
6.   0 projecto de protocolo, actualmente disponível, será objecto de
     uma negociação final na conferência plenipotenciária a realizar de
     .... a ... 1992. Com efeito, os pontos controversos do texto serão
     debatidos e fixados nesse âmbito.
     Após adopção da versão definitiva, o protocolo        será  aberto à
     assinatura no decurso dessa conferência.
(1)      Decisão 77/585/CEE, JO np„ L 240 de 19.09.1977.
(2)      Decisão 81/420/CEE, JO np_ L 162 de 19.06.1981.
(3)      Decisão 83/101/CEE, JO np_ L 67 de 12.03.1983.
(4)      Decisão 84/132/CEE, J0 np_ L 68 de 10.03.1984.
 ---pagebreak--- A esse titulo, solicita-se ao Conselho que autorize o Presidente a
designar a(s) pessoa(s) habiIItada(s) a assinar, em nome da
Comunidade, sob reserva de conclusões posteriores, o presente
Protocolo.
 ---pagebreak---                PROPOSTA DE DECISÃO DO CONSELHO
       relativa á assinatura de um Protocolo relativo
     á protecção do Mar Mediterrâneo contra a poluição
             causada pela exploração e pesquisa
da plataforma continental, do fundo do mar e do seu subsolo
                   (Convenção de Barcelona)
                                                            Li
 ---pagebreak--- O CONSELHO DAS COMUNIDADES EUROPEIAS,
Tendo em conta o Tratado que institui a Comunidade Económica Europeia,
Tendo em conta a proposta da Comissão,
Considerando que a Comunidade é Parte Contratante na Convenção para a
protecção do Mar Mediterrâneo contra a poluição (Convenção de
Barcelona) e nos quatro protocolos a ela relativos;
Considerando que a Comissão participou, em nome da Comunidade, no
âmbito do grupo de trabalho criado pelas Partes Contratantes na
Convenção de Barcelona, nas negociações relativas â preparação de um
protocolo respeitante à poluição causada pela exploração e pesquisa da
plataforma continental, do fundo do mar e do seu subsolo (Protocolo
 "off-shore");
Considerando que os domínios de aplicação do referido protocolo são,
pelo menos em parte, da competência da Comunidade;
Considerando que a Comissão      informou o Conselho do resultado das
negociações com o objectivo      de lhe permitir adoptar uma posição
def ini t i va-,
Considerando que o referido protocolo deve ser adoptado na Conferência
plenipotenciária a realizar em            de ...a         de 1992;
Considerando que interessa que, sob reserva de posterior       conclusão,
este protocolo possa ser assinado pela Comunidade,
DECIDE
                              ARTIGO ÚNICO
0 Presidente do Conselho está autorizado a designar a(s) pessoa(s)
habiIitada(s) a assinar, em nome da Comunidade, sob reserva de
posterior conclusão, o Protocolo à Convenção de Barcelona relativo à
protecção      do Mar Mediterrâneo   contra   a poluição causada pela
exploração e pesquisa da plataforma continental, do fundo do mar e do
seu subsolo, nos termos do artigo 7p_ da Convenção de Barcelona e a
conferir-lhe(s) as competências necessárias para esse efeito.
                                         Feito em Bruxelas, em
                                         Pelo Conselho
                                         0 Presidente
                                                                          <"
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 4
                       DRAFT PROTOCOL FOR THE PROTECTION OF THE
                MEOITERRANEAN SEA AGAINST POLLUTION RESULT1NG FROM
            EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND
                                  THE SEA-BED AND ITS SUBSOIL
                                              PREAMBLE
        The Contracting Parties to the present Protocd
         Being Parties to the Conventíon for the Protection of the Mediterranean Sea against Pollution,
adopted at Barcelona on 16 February 1976,
        Bearing in mind article 7 of the said Convention,
        Bearíng in mind the increase in the activities conceming exploration and exploitation of the
Mediterranean sea-bed and its subsoil,
        Recognizing that the pollution which may result therefrom represents a seríous 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 Protocd conceming Cooperation in
Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of
Emergency, adopted at Barcelona on 16 February 1976, and the Protocol conceming Mediterranean
Specially Protected Áreas, adopted at Geneva on 3 April 1982,
        Bearing in mind the relevant provisions of the United Nations Convention on the Law of the
Sea, done at Montego Bay on 10 December 1982,
        Recognizing the differences in leveis of development between the coasíal States, and taking
account of the economic and social imperatives of the developing countries,
        Have agreed as foilows:
*
  The representative of Turkey expressed a reservation.
                                                                                                        Í
 ---pagebreak---                                                                                   UNEP(OCA)/MED WG.30/4
                                                                                                       page 5
SECT10N I       -     GENERAL PROVISIONS
Articie 1       -     DERNÍTIONS
For the purposes of this Protocd:
(a)      "Convention" means the Convention for the Protection of the Mediterranean Sea against
         Pdlution, adopted at Barcelona on 16 February 1976;
(b)      •Organlzatlon" means the body referred to in articie 13 of the Convention;
(c)      "Resources" means ali mineral resources, whether sdid, liquid or gaseous;
(d)      'Activities conceming exploration and/or exploitation of the resources in the Protocd Área"
         (hereinafter referred to as "activities') means:
         (i)    Activities of scientific research conceming the resources of the sea-bed and its subsoil;
         (ií)   Exploration activities:
                       Seismological activities; surveys of the sea-bed and its subsoil; sample ta king;
                       Exploration drilling;
         (iiO   Exploitation activities:
                       Installatlon 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;
                      Maíntenance, repair and other ancillary operations;
(e)      "Pdlution" is defined as in articie 2 paragraph (a) of the Convention;
(f)      "Installation" means any fixed or floatíng structure, and any integral part thereof, that is engaged
         in activities. including, in particular
         (i)    Fixed or mobile offshore drilling units;
         00     Fixed or floating production units including dynamically positioned units;
         (iii)  Offshore storage facilities including ships used for this purpose;
         (iv)   Offshore loading terminais and transport systems for the extracted products, such as
                submarino pipelines;
         (v)   Apparatus attached to it and equipment for the reloading, processing, storage and
                disposai 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 área where the
             acth/ities are undertaken (hereinafter referred to as the "Competent State") in accordance
             with this Protocd to carry out activities; or
       (ii)  Any person who does not hdd a valid authorizatipn within the meaning of this Protocd
             but is de facto in overail contrd of the activities;
(h)    "Safety zone" means a zone estadished around installations in conformity with the provisions
       of general international law and technical requirements, with appropriate markings to ensure the
       safety of both navigation and the installations;
(i)    "Wastes" means substances and materiais of any kind, form, or description which are intended
       to be abandoned or are abandoned in the Protocd Área and which might cause pollution;
(j)    "Harmful or noxious substances and materiais" means substances and materiais of any kind.
       forni or description, which might cause pdlution, if introduced into the Protocd Área;
(k)    "Chemical Use Plan" means a plan drawn up by the operator of any offshore installation which
       shows:
       (i)   The chemícals which the operator intends to use in the operations;
       00    The purpose or purposes for which the operator intends to use the chemícals;
       (iiO  The maximum concentrations of the chemicais which the operator intends to use within
             any other substances, and maximum amounts intended to be used in any specified
             period;
       (h/)  The área within which the chemical may escape into the marine environment;
0)     "OU" means petroleum in any form induding crude oil, fuel oil. oily sludge. oil refuse and refined
       products and, without limiting the generality of the foregoing, indudes the substances listed in
       the appendix to this Protocd;
(m)    "Oily mbcture" means a mixture with any oil content;
(n)    "Sewage" means:
       0)    Drainage and other wastes from any form of toilets, urinais and water-doset scuppers;
       00    Drainage from medicai premises (dispensary, sick bay, etc.) via wash basins, wash tubs
             and scuppers located in such premises;
       (iii) Other waste waters when mixed with the drainages defined above;
(o)    "Garbage" means ail kinds of victual, domestic and operationai waste generated during the
       normal operation of the installation and liable to be disposed of continuously or periodically,
       except those substances which are defined or listed elsewhere in this Protocd;
(p)    "Freshwater limit" means the place in water courses where, at low tides and in a period of low
       freshwater flow, there is an appreciable increase in salinity due to the presence of sea water.
*
    The representath/e of Turkey expressed a reservation.
                                                                                                          7>
 ---pagebreak---                                                                                    UNEP(OCA)/MED WG.30/4
                                                                                                         page 7
Article 2        -      GEOGRAPHICAL COVERAGE *
1.        The área to which this Protocd applies (referred to in this Protocd as the "Protocd Área") shall
          be:
          (a)    The Mediterranean Sea Área as defined in artide 1 of the Convention;
          (b)    Waters on the landward side of the baselines from which the breadth of the territorial sea
                  is measured and extending, in the case of watercourses, up to the freshwater limit
2.        Any of the Contractíng Parties to this Protocd (referred to in this Protocd as the Parties") may
          also indude In the Protocd área wetlands or coastal áreas of their territory.
Article 3        -      GENERAL UNDERTAWNGS
1.        The Parties shall take. individually or through bilateral or multilateral cooperation, ali appropriate
          measures to prevent. abate, combat and contrd pollution in the Protocd Área resulting from
          activities, inter alia by ensuring that the best available techndogy. environmentally effective and
          economically appropriate. is used for this purpose.
2.        The Parties shall ensure that ali necessary measures are taken so that activities do not cause
          pdlution.
SECTION II -            AUTHORIZATION SYSTEM
Article 4        -      GENERAL PRINCIPLES
1-         Ali activities in the Protocd Área, including erection on site of installations, shall be subject to
         the prior written authorization for exploration or exploitation from the competem national
          authority of the Competent State. Such authority, before granting the authorization, should be
          satisfied that the instaliation nas been constructed according to International standards and
          practice and that the operator nas the technica) competence and the financial capacity to carry
          out the activities. Such authorization should be granted in accordance with the appropriate
          procedure. as defined by the competent national authority.
2.       Authorization shaJI be refused if there are indications that the proposed activities are likely to
          cause significant adverse effects on the environment that could not be avokJed by complíance
         with the conditions laid down in the authorization and referred to in artide 6, paragraph 3, of this
          Protocd.
3.       When considering approval of the siting of an instaliation. the Competent State shall ensure that
          no detrimental effects will be caused by such siting to existing installations. in particular,
         pipelines and cables.
Article 5        -      REQUIREMENTS FOR AUTHORIZATIONS
1         The Competent State shall prescribe that any application for authorization or for the renewal of
         an authorization is subject to the submission of the project by the candidate operator to the
         competent national authority and that any such application must include, in particular, the
         fdlowing:
   The representative of Turkey expressed a reservation.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 8
          (a)   A survey conceming 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 área require that an
                 environmentaJ impact assessment be prepared in accordance with annex IV to this
                 Protocd;
          (b)   The precise definition of the geographic áreas where the activity is envisaged. including
                 safety zones;
          (c)    Particulars of the professional and technical qualffications of the candidate operator and
                 personnel on the installation. as well as of the composition of the crew;
          (d)    The safety measures as specified in artide 15;
          (e)    The operato^s contingency plan as specified in artide 16;
          (f)    The monitoring procedures as specified in artide 19;
          (g)    The plans for remova! of installations as specified in artide 20;
          (h)    Precautions for specially protected áreas as specified in artide 21;
          0)     The Insurance or other financial securíty to cover liability as prescribed in artide 27,
                 paragraph 2 (b).
2.        The competent national authority may decide, for scientific research and exploration activities,
          to limit the scope of the requirements laid down in paragraph 1 of this artide. in the light of the
          nature, scope, duration and technical methods employed in the activities and of the
          characteristics of the área.
Artide 6         -     GRANTING OF AUTHORIZATIONS
1.        The authorízations referred to in artide 4 shall be granted only after examination by the
          competent national authority of the Competent State of the requirements listed in artide 5 and
          annex IV.
2.        Each authorization shall specify the activities and the period of validiíy of the authorization,
          establish the geographical limits of the área subject to the authorization and specify the
          technical requirements and the authorized installations. The necessary safety zones shall be
          estadished 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 authorízations granted or
          renewed. The Organization shall keep a register of ali the authorized installations in the Protocd
          Área.
Artide 7         -     SANCTIONS
Each Party shall prescribe sanctions to be imposed for breach of obligations arising out of this Protocd,
or for non-observance of the national laws or regulations implementing this Protocd, or for non-
fulfillment of the specific conditions attached to the authorization.
                                                                                                              /p
 ---pagebreak---                                                                               UNEP(OCA)/MED WG.30/4
                                                                                                    page 9
SECT10N III -       WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
Artide 8       -    GENERAL OBUGATiON
Without prejudica to other standards or obligations referred to in this Section, the Parties shall impose
a general obligation upon operators to use the best available, environmentally effective and economically
appropríate techndogy and to observe internationaliy accepted standards regarding wastes as well as
the use, storage and discharge of harmfui or noxious substances and materiais, with a view to
minimizing the risk d pdlution.
Artide 9       -    HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
1.      The use and storage of chemicals for the actívities should be approved by the competent
        nationai authoríty 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 protectinçj 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 mav require a description of the
        substances and materiais used to protect the installation. >
4.      The disposal into the Protocd Área of harmfui or noxious substances and materiais listed in
        annex I to this Protocd is prohibited.
5.      The disposal into the Protocd Área of harmfui or noxious substances and materiais listed in
        annex II to this Protocd requires, In each case. a prior speciai permit from the competent
        nationai authoríty of the Competent State.
6.      The disposal into the Protocd Área of ali other harmfui or noxious substances and materiais
        which might cause pollution requires a prior general permit from the competent nationai
        authoríty of the Competent State.
7.      The permits referred to in paragraphs 5 and 6 above shaJl be issued only after carefui
        conskJeratlon of ali the factors set forth in annex III to this Protocd.
Artide 10      -    OIL AND OILY MIXTURES AND DRILUNG FLUIDS
1.      The Parties shall formulate and adopt common standards for the disposal of oil and oily
        mixtures from installations into the Protocd Área:
        (a)    Such common standards shall be formulated in accordance with the provisions of annex
              V.A;
        (b)    Such common standards shall not be less restrictive than. in particular, the following:
               (i)  For machinery space drainage, a maximum oil content of 15 mg per litre whilst
                    undiluted;
               00   For production water, a maximum oil content of 40 mg per litre as an average in any
                    calendar month; the content shall not at any time exceed 100 mg per litre;
        (c)   The Parties shall determine by common agreement which method will be used to analyze
              the oil content.
                                                                                                           /)4
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 10
         The Partles shall formulate and adopt common standards for the use and disposal of drilling
         fluids and drill cuttings into the Protocd Área. Such common standards shall be formulated in
         accordance with the provisions of annex V, B.
         Each Party shall take appropriate measures to enforce the common standards adopted pursuant
         to this artíde or to enforce more restrictive standards that it may nave adopted.
Article 11      -     SEWAGE
1.       The Competent State shall prohibit the discharge of sewage from installations permanently
         manned by 10 or more persons into the Protocd Área except in cases where:
         (a)    The installation is discharging sewage after treatment as approved by the competent
                nationai authority at a distance of at least four nautical miles from the nearest land or fixed
                físheries installation, leaving the competent state authority to decide on a case by case
                basis; or
          (b)   The sewage is not treated, at a distance of more than twelve nautical miles from the
                nearest land or ftxed fisheríesjnstallation, leaving the competent state authority to decide
                on a case by case basis; or
          (c)   The sewage nas passed through an approved sewage treatment plant certified by its
                competent nationai authority.
2.       The Competent State shall impose stricter provisions, as appropriate, where deemed necessary
         because d , inter alia, the regime of the .currents in the área or proximity to any área referred
         to in artlde2l.
3.       The exceptions referred to in paragraph 1 shall not apply if the discharge produces visible
         floatlng sdids or produces cdouration, discolouration or opacity of the surrounding water.
4.       If the sewage is mixed with wastes and harmful or noxious substances and materiais having
         different disposal requirements. the more stringent requirements shaJI apply.
Article 12      -     GARBAGE
1.       The Competent State shall prohibit the disposal into the Protocd Área of the fdlowing products
         and materiais:
          (a)   Ali plastlcs, induding but not limited to synthetlc ropes, synthetic fishing nets and plastic
                garbage bags;
          (b)   Ali other non bio-degradade garbage, induding paper products, rags, glass. metal,
                bottles, crockery, dunnage, lining and packing materiais.
*
     The representative of Turkey expressed a reservation.
                                                                                                                m
 ---pagebreak---                                                                                UNEP(OCA)/MED WG.30/4
                                                                                                 page 11
         Disposal ínto the Protocd Área of food wastes shall take place as far away as possible from
         land, but in any case not less than twefve náutica! miles from the nearest land. Such wastes
         cannot be disposed of unless they first have gone through a crus^her or a grinder so that they
         can go through a sieve whose openings do not exceed 25 mm.
         If garbage is mixed with other discharges having different disposal or discharge requirements
         the more stringent requirements shall appiy.
Article 13     -      RECEPTION FACIUT1ES. INSTRUCTIONS AND SANCTIONS
The Parties shall ensure that:
(a)      Operators dispose satisfactorily of ali wastes and harmful or noxious substances and materiais
         in designated onshore reception fácilities, except as otherwise authorized by the Protocd;
(b)      Instructions are given to ali personnd conceming proper means of disposal;
(c)      Sanctions are imposed in respect of illegal disposals.
Article 14      -     EXCEPTIONS
1.       The provisions of this Sectlon shall not apply in case d :
          (a)  Force majeure and in particular for disposals:
                - to save human life,
                • to ensure the safety of installations,
                - in case d damage to the installation or Its equipment,
                on condition that ali reasonable precautions have been taken after the damage is
                discovered or after the disposal has been performed to reduce the negative effects.
          (b)  The discharge into the sea of substances containing ofl or harmful or noxious substances
                or materiais which, subject to the prior approval of the competem national authority of the
                Competent State, are being used for the purpose of combatlng specific pollution incidents
                in order to minimize the damage due to the pollution.
2.       However, the provisions of this Sectlon shall apply in any case where the operator acted with
         the intent to cause damage or recklessly and with knowtedge that damage will probably result
3.       Disposals carried out in the circumstances referred to in paragraph 1 of this artide shall be
         reported immediately to the Organization and, either through the Organization or directly, to any
         Party or Parties likdy to be affected, together with full details of the circumstances and of the
         nature and quantities of wastes or harmful or noxious substances or materiais discharged.
     The representative of Turkey expressed a reservation.
                                                                                                            /}%
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 12
 SECTION IV -           SAFEGUARDS
 Article 15        -    SAFETY MEASURES
 1.        The Competent State withín whose jurisdiction activitíes are envisaged or are being carried out
           shall ensure that safety measures are taken with regard to the design, constructlon, placement,
           equipment, marking, operation and rnaintenance of installations.
 2.        The Competent State shall ensure that the operator has at ali times on the installations adequate
           equipment and devices, maintained in good working order, for protecting human life, preventing
           and combating accidental "pdlution and facilitating prompt response to an emergency, in
           accordance with the best availade environmentally effective and economically appropriate
          techndogy and the provisions of the operators contingency plan referred to in article 16.
 3.       The competent nationai authority of the Competent State shall requíre a certificate of safety and
          fitness for the purpose (hereinafter referred to as "certificate") issued by a recognized body to
           be submitted in respect of produdlon platforms, mobile offshore drilling units, offshore storage
          facilities. offshore loading systems and pipelines and in respect of such other installations as
           may be specified by the Competent State.
4.        The Partles shall ensure through inspection that the activitíes are conducted by the operators
          in accordance with this article.
Article 16        -     CONTINGENCY PLANNING
 1.       Each Party shaJI endeavóur to promote and malntain a plan for combating pdlution or other
          adverse effects and for saving human life in the Protocd Área in cases of emergencies resulting
          from activities (hereinafter referred to as "nationai contingency plan"), taking into account the
          Protocd concerning Cooperation in Combating Pdlution of the Mediterranean Sea by Oil and
          Other Harmful Substances In Cases of Emergency. The nationai contingency plan should
          estadish and co-ordinate in particular, the equipment, ships. aircraft and manpower prepared
          for operations in cases of emergencies. The Partles shpuld promote bilateral or multilateral
          cooperation regard ing their nationai contingency plans.
2.        Each Party shall require operators In charge of installations under its jurisdiction to nave a
          contingency plan to combat accidental pdlution, co-ordinated with the nationai contingency plan
          estadished in accordance with the Protocd concerning Cooperation in Combating Pollution of
          the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency and
          approved in conformity with the procedures established by the competent nationai authorities.
3.       The Competent State shall establish nationai co-ordination and directlon in accordance with
          annex VII to this Protocd.
Article 17        - NOTIFICATION
Each Party shall require operators in charge of installations under its jurisdiction to report without delay
to the competent nationai authority:
(a)      any event on their installation causing or likely to cause pollution in the Protocd Área;
(b)      any observed event at sea causing or likely to cause pollution in the Protocd Área.
     The representative of France expressed a reservation.
                                                                                                             /\k
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                                                                                                    page 13
Article 18     -      MUTUAL ASSISTANCE IN CASES OF EMERGENCY
In cases of emergency, a Party requiring assistance in order to prevent, abate or combat pdlution
resulting from actlvities may request help from the other Partles, either directly or through the
Organlzatlon, which shall do their utmost to provide the assistance requested.
For this purpose, a Party who is also a Party to the Protocd conceming cooperation in combating
pdlution of the Mediterranean Sea by oil and other harmful substances in cases of emergency shall
apply the pertinent provisions of the said Protocd.
Article 19     -      MONÍTORING
1.       The operator shall be required to measure or to entrust to a qualified entity, expert in the matter,
         the effects of the actlvities on the environment in the light of the nature, scope, duration and
         technical methods employed in the actlvities and d the characterístics of the área and to report
         on them periodically or upon request by the competent nationai authority of the Competent
         State for the purpose of an evaluation by such nationai authorjty according to a procedure
         estadished by the Competent State in its authorization system.
2=       The competent nationai authority d the Competent State should estadish, where appropriate,
         a nationai monitoring system in order to be in a position to survey regularly the installations and
         the impact of the actrvities on the environment, so as to ensure that the conditions attached to
         the grant of the authorization are being fulfilled.
Artlde 20      -      REMOVAL OF INSTALLATIONS
1.       The operator shall be required by the Competent State to remove any installation which is
         abandoned or disused, in order to ensure safety of navigation, taking into account the guidelines
         and standards adopted by the competent international organization. Such removal shall also
         nave 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 ali necessary measures to prevent spillage or leakage from the site of
         the actrvities.
2.       The Competent State shall require the operator to remove abandoned or disused pipelines in
         accordance with paragraph 1 of this article or to abandon and dean them inside or to bury and
         dean them inside so that they neither cause pdlution, endanger navigation, hinder fishing,
         threaten the marine environment, nor interfere with other legitimate uses of the sea or with the
         rights and duties of other States. The competent nationai authority shall ensure that appropriate
         publicity is grven to the depth, position and dimensions of any buried pipeline and that such
         Information is indicated on charts and notified to the Organization and other competent
         international organizations and the Parties.
3.       The provisions of this article apply also to installations disused or abandoned by any operator
         whose authorization may nave been witndrawn or suspended in compliance with article 7.
4.       The Competent State may indicate eventual modrfícations to be made to the levd of actlvities
         and to the measures for the protection of the marine environment which had initially been
         provided for.
*
   The representathve of Turkey expressed a reservation.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 14
5.        The Competent State may regulate the cessíon or transfer of authorized activities to other
          persons.
6.        Where the operator fails to comply with the provisíons d this artide, the competent national
          authority d the Competent State shall undertake, at the operatoi^s expense. such action or
          actions as may be necessary to remedy the operator^s failure to act.
Artide 21       -     SPECIALLY PROTECTED ÁREAS *
ALTERNATIVE (A):
For the protection of the áreas defined in artide 3 of the Protocd conceming Mediterranean Specially
Protected Áreas and any other área established by the Parties and in furtherance of the goals stated
therein. the Parties shall take speclal measures in conformity with internationai law, either indh/idualiy
or through multilateral or bilateral cooperation. to prevent, abate, combat and contrd pollution arising
from actrvities in these áreas.
In addition to the measures referred to in the Protocd conceming Specially Protected Áreas for the
granting of authorization, such measures may include, inter alia:
ALTERNATIVE (B):
In addition to the measures referred to ín the Protocd conceming Mediterranean Specially Protected
Áreas, the Parties to the present Protocd may take additional measures to protect these áreas, induding
inter alia:
 (a)      Special restrictíons or conditions when granting authorizations for such áreas:
          (0    The preparation and evaluation of environmental impact assessments;
          00    Special elaboration of provisíons in such áreas conceming the monitoring, remova! of
                instaliations and prohibition of any discharge.
(b)       Intensified exchange of Information among operators. the competent national authorities, Parties
          and the Organization regarding matters which may affect such áreas.
 SECTIONV -            COOPERATION
 Article 22     -      STUDIES AND RESEARCH PROGRAMMES
 In conformity with article 11 of the Convention, the Parties shall. where appropriate. cooperate in
 promoting studies and undertaking programmes of scientrfic and techndogical research for the purpose
 of developing new methods of:
 *
      The representative of Turkey expressed a reservation.
                                                                                                           A
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                                                                                                    page 15
(a)      Carrying out activities in a way which minimizes the risk of pollutlon;
(b)      Preventlng, abating, combating and contrdling pdlution, especially in cases of emergency.
Artide 23       -      INTERNATIONAL RULES, STANDARDS AND RECOMMENDED PRACTICES AND
                       PROCEDURES
1.       The Parties shali cooperate, either dlrectly or through the Organization or other competem
         intemational organizations, in order to:
         (a)     Estadlsh appropriate scientiflc criteria for the formulation and daboration of intemational
                 rules, standards and recommended practices and procedures for achieving the aims of
                this Protocd;
         (b)    Formulate and daborate such intemational rules, standards and recommended practices
                and procedures;
         (c)    The Parties shall formulate and adopt guidelines in accordance with intemational practices
                and procedures to ensure observance of the provisions of annex VI.
2.       The Parties shall, as soon as possible, endeavour to harmonize their laws and regulatlons with
         the intemational rules, standards and recommended practices and procedures referred to in
         paragraph 1 of this artide.
3.       The Parties shall endeavour, as far as possible, to exchange Information relevant to their nationai
         pdicles, laws and regulations and the harmonization referred to in paragraph 2 of this artide.
Artide 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 d assistance to devdoping countries, particularíy in the fields of science, law,
         education and techndogy, in order to prevent, abate, combat and contrd pdlution due to
         activities in the Protocd Área.
2.       Technical assistance would Include, in particular, the training of scientrfic, legal and technical
         personnel, as well as the acquisition, utilization and produdion by those countries of appropriate
         equipment on advantageous terms to be agreed upon among the Parties concemed.
Article 25      -      MUTUAL INFORMATION
The Parties shali inform one another dlrectly or through the Organization of measures taken, of results
achieved and, rf the case arises, of difficulties encountered in the application of this Protocd.
Procedures for the cdlection and submission of such Information shall be determined at the meetings
of the Parties.
Article 26      -      TRANSFRONTIER POLLUTION
1.       Each Party shall take ali measures necessary to ensure that activities under their jurisdiction are
         so conduded so as not to cause a pdlution beyond the limits of its jurisdiction.
                                                                                                             S)>
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page 16
2.      A Party within whose jurisdiction acth/ities are being envisaged or carried out should take into
        account any adverse environmental effeds, without discrimination as to whether such effects
        are likeiy to occur within the limits of its jurisdiction or beyond such limits.
3.      If a Party becomes aware d cases in which the marine environment is in imminent danger of
        being damaged, or nas been damaged, by pdlution, it shall immediately nottfy other Parties
        which in its oplnlon are likeiy to be affected by such damage as wdl 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 ali
        reíevant Parties.
4.      The Parties shall endeavour, in accordance with their legal systems and, where appropriate, on
        the basis d an agreement to grant equal access to and treatment in administrath/e proceedings
        to persons in other States who may be affected by pdlution or other adverse effects resulting
        from proposed or existing operations.
5.      Where pdlution originates in the territory of a State which is not a Contracting Party to this
        Protocd, any Contracting Party affeded shaJI endeavour to cooperate with the said State so as
        to make posside the application of the Protocd.
Artide 27      -     UABIUTY AND COMPENSATION *
 1.     The Parties undertake to cooperate as soon as possible in formulating and adopting appropriate
        procedures for the determlnation of liability and compensation for damage resulting from the
        acth/ities dealt with in this Protocd. in conformity with artide 12 of the Convention.
2.      Pending devdopment of such procedures, the Parties:
        (a)    Shall take ali measures necessary to ensure that liability for damage caused by activities
               is imposed on operators. and they shall be required to pay prompt and adequate
               compensation, to be determined on the basis of strict and limited liability
ALTERNAT1VE A:
        (b)    Shall take ali 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 specrfy in order to cover the liability under this
               Protocd.
ALTERNAT1VE B:
        (b)    May require the operator to cover his responsibility with any insurance or other financial
               securities.
     The following reservations were expressed: by the EEC. France, Spain and Tunisia with respect
to paragraph 2; by Morocco and Turkey with respect to the whole artide.
                                                                                                          *
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                                                                                                     page 17
SECTIONVI -           FINAL PROVISIONS
Article 28       -    APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
 Each Competent State shail appoint one or more competent nationai authorities to:
 (a)       Grant, renew and register the authorizatíons provided for in Section II of this Protocd;
 (b)       Issue and register the special and general permits referred to ín artide 9 d this Protocd;
 (c)      Issue the permitsreferred to In annex V to this Protocd;
 (d)      Approve the treatment system and certify the sewage treatment plant referred to in artide 11,
          paragraph 1, of this Protocd;
(e)       Gh/e the prior approval for exceptional discharges referred to in artide 14, paragraph 1 (b), of
          this Protocd;
 (f)      Carry out the duties regarding safety measures referred to in artide 15, paragraphs 3 and 4, of
          this Protocd;
 (g)      Perform the functions relating to contingency planning described in artide 16 and annex VII to
          this Protocd;
 (h)      Establish monitoring procedures as provided in artide 19 of this Protocd;
0)        Supervise the removal operations of the installatlons as provided In article 20 of this Protocd.
Article 29       -    TRANSITIONAL MEASURES
Each Party shall elaborate procedures and regulations regarding acth/ities, whether authorized or not,
initiated before the entry into force of this Protocd, to ensure their conformity, as far as practicable. with
the provisions d this Protocd.
Article 30      -     MEETINGS
1.        Ordinary meetings of the Parties shall take place in conjunction with ordinary meetings of the
          Contracting Parties to the Convention hdd pursuant to artide 14 of the Convention. The Parties
          may aiso hdd extraordinary meetings in accordance with artide 14 of the Convention.
2.       The functions of the meetings d the Parties to this Protocd shall be, inter alia:
          (a)   To keep under review the impiementation of this Protocd and to consider the efficacy of
                the measures adopted and the advisability of any other measures, in particular in the form
                of annexes and appendices;
          (b)   To revise and amend any annex or appendix to this Protocd;
          (c)   To consider the Information conceming authorizatíons granted or renewed in accordance
                with Section II of this Protocd;
         (d)    To consider the information conceming the permits issued and approvals gh/en in
                accordance with Section III of this Protocd;
                                                                                                               SI4
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 18
         (e)   To adopt the gukJelines referred to in artide 9, paragraph 2, and artide 23, paragraph 1
               (c). of this Protocd;
         (f)   To conskJer the records of the contingency plans and means of intervention in
               emergencies adopted in accordance with artide 16 of this Protocd;
         (g)   To establish critería and formulate international rules, standards and recommended
               practices and procedures in accordance with artide 23, paragraph 1, of this Protocd, in
               whatever forni the Parties may agree;
         (h)   To facflitate the implementation of the policies and the achievement of the objectives
               referred to in Section V, in particular the harmonization of national laws in accordance with
               artide 23. paragraph 2 of this Protocd;
         (i)   To review progress made in the implementation of artide 27 of this Protocd;
         Q)    To discharge such other functions as may be appropriate for the applicatlon of this
               Protocd.
Article 31     -     RELATIONS WITH THE CONVENTION
1.       The provisions of the Convention relating to any Protocd shall apply with respect to this
         Protocd.
2.       The rules of procedure and the financial rules adopted pursuant to artide 18 of the Convention
         shall apply with respect to this Protocd. unless the Parties to this Protocd agree otherwise.
Article 32     -     FINAL CLAUSE
1.       This Protocd shall be open for signature, at                      from         to          . and at
                       from        to               , by any State Party to the Convention invited to the
         Conference of Plenlpotentlaries of the Coastal States of the Mediterranean Region for the
         Protedlon of the Mediterranean Sea against Pdlution resulting from Expioration and Exploitatlon
         of the Sea-bed and rts Subsoil, held at              from      to       . It shall also be open until
         the same dates for signature by the European Economic Community and by any similar regional
         economic grouping of which at least one member is a coastal State of the Protocd Área and
         which exercises competence in fields covered by this Protocd in conformity with artide 24 of
         the Convention.
2.       This Protocd shall be subject to ratification, acceptance or approval. Instruments of ratíficatlon,
         acceptance or approval shall be deposited with the Government of Spain, which will assume the
         functions of Depositar/.
3.       As from               , this Protocd shall be open for accession by the States referred to in
         paragraph 1 above. by the European Economic Community and by any grouping referred to in
         that paragraph.
4.       This Protocd shall enter ínto force on the thirtieth day following the date of deposit of at least
         six Instruments of ratification, acceptance or approval of, or accession to, the Protocd by the
         Parties referred to in paragraph 1 of this article.
                                                                                                               %s
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                                                                                     page 19
IN WITNESS WHEREOF the undersigned, being duly authorized by their respedive
Governments, have signed this Protocd.
DONE at         on this          in a single copy in the Arabic, English, French and Spanish
languages, the four texts being equally authoritative.
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page 20
                                                 ANNEXI
                     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
              THE DISPOSAL OF WHICH IN THE PROTOCOL ÁREA IS PROHIBITED
       The fdlowing substances and materiais and compounds thereof are listed for the purposes of
       artide 9, paragraph 4 of the Protocd. They have been sdeded mainly on the basis of their
       toxicity, persistence and bioaccumulation:
        1.    Mercury and mercury compounds
       2.     Cadmium and cadmium compounds
       3.     Organotin compounds and substances which may form such compounds in the marine
              environment-/
       4.     Organophosphorus compounds and substances which may form such compounds in the
              marine environment-/
       5.     Organohalogen compounds and substances which may form such compounds in the
              marine environment-/
       6.     Crude oil, fud ofl, oily sludge, used lubricating oils and refined products
       7.     Persistent synthetic materiais which may float, sink or remain in suspension and which
              may interfere with any legitimate use of the sea
       8.     Substances having proven carcinogenic. teratogenic or mutagenic properties in or through
              the marine environment
       9.     Radioactive substances, induding their wastes, ff their discharges do not comply with the
              principies of radiation protedion as defmed by the competent International organizations,
              taking into account the protedion of the marine environment
       The present annex does not apply to discharges which contain substances listed in section A
       that are bdow the limits defined jointíy by the Parties and, in relation to oil, below the limits
       defined in artide 10 of this Protocd.
-/     With the exception of those which are biologically harmless or which are rapidly converted into
       bidogically harmless substances.
                                                                                                         %i
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                                                                                         page 21
                                         ANNEX II
              HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
               THE DISPOSAL OF WHICH IN THE PROTOCOL ÁREA
                         IS SUBJECT TO A SPECIAL PERMIT
 The fdlowing substances and materiais and compounds thereof have been selected for the
 purpose of artide 9, paragraph 5 of the Protocd.
 1.   Arsenic
 2.   Lead
 3.   Copper
 4.   Zinc
 5.   Beryllium
 6.   Nickel
 7.   Vanadium
 8     Chromium
9.    Bloctdes and their derivatives not covered in annex I
 10.  Selenium
 11.  Antimony
 12.  Mdybdenum
 13.  Titanium
 14.  Tin
 15.  Barium (other than barium sulphate)
 16.  Boron
 17.  Uranium
 19.  Cobalt
 19   Thallium
20.   Tellurium
21.   Silver
22.   Cyanides
The contrd and strict limitation of the discharge of substances referred to in section A must be
implemented in accordance with annex III.
                                                                                                 9?
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page 22
                                                  ANNEX III
                 FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS
         For the purpose of the issue of a permit required under artide 9. paragraph 7, particular account
will be taken, as the case may be, of the fdlowlng factors:
A.       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 (sdkj, liquid, sludge, slurry, gaseous);
         4.    Total amount (vdume discharged, e.g. per year);
         5.    Discharge pattern (continuous, Intermittent, seasonally variade, etc.);
         6.    Concentrations with respect to major constituents, substances iisted in annex I,
               substances Iisted in annex II, and other substances as appropríate;
         7.    Physical, chemical and biochemical properties for the waste.
B.       Characteristics of waste constituents with respect to their harmfulness
         1.    Persistence (physical, chemical, biological) ín the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in bidogical materiais 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 bidogical or
               other effects on any of the uses Iisted in section E bdow.
C.       Charaderistics of discharge site and receivinq marine environment
         1.    Hydrographic, meteordogical, geológica! and topographical characteristics of the área;
         2.    Location and type of the discharge (outfall, canal, outlet, etc.) and its relation to other
               áreas (such as amenity áreas, spawning, nursery and fishing áreas, shellfish grounds) and
               other discharges;
         3.    Initlal dilution achieved at the point of discharge into the receiving marine environment;
                                                                                                           %k
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                                                                                               page 23
        4.    Dispersion charaderistics such as effects of currents, tides and wind on horizontal
              transport and vertical mixing;
        5<    Receiving water characteristics with respect to physical, chemical, biological and
              ecdogical conditions in the discharge area;
        6.    Capacity d the receiving marine environment to receive waste discharges without
              undesirable effects.
D.      Availability of waste technologies
The methods d waste reduction and discharge for industrial effluents as well as domestic sewage should
be selected taking into account the availability and feasibility of:
        (a)   Alternative treatment processes;
        (b)   Re-use or elimination methods;
        (c)   On-iand disposal alternatives;
        (d)   Appropriate low-waste techndogies.
E.      Potential impairment of marine ecosystem and sea-water uses
        1.    Effedson human life through pollution impad on:
              (a)    Edide marine organisms;
              (b)    Bathing waters;
            . (c)    Aesthetics.
        2.    Effects on marine ecosystems, In particular living resources, endangered species and
              critical habitats.
        3.    Effeds on other legitimate uses of the sea in conformity with international law.
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page 24
                                               ANNEX IV
                            ENVIRONMENTAL IMPACT ASSESSMENT
1. Each Party shall require that the environmentai impact assessment contains at least the following:
   (a)  A descríption d the geographical boundaries of the área within which the activities are to be
        carried out, Induding safety zones where applicable;
   (b)  A descríption d the inrtiaJ state of the environment of the área;
   (c)  An indication of the nature, aims, scope and duration of the proposed activities;
   (d)  A descríption of the methods, installations and other means to be used, possibie altematives
        to such methods and means;
   (e)  A descríption d the foreseeable dired or indired short and long-term effeds of the proposed
        activities on the environment, induding fauna, flora and the ecologícal balance;
   (0   A statement settíng out the measures proposed for reducing to the minimum the rísk of
        damage to the environment from carrying out the proposed activities; ín addttion, possibie
        altematives to such measures;
   (g)  An indication d the measures to be taken for the protection of the environment from pdlution
        and other adverse effects duríng and after the proposed activities;
   (h)  A reference to the methoddogy used for the environmentai impact assessment;
   (i)  An Indication d whether the environment d any other State is likely to be affeded by the
        proposed activities.
2. Each Party shall promulgate standards taking into account the international rules, standards and
   recommended pradices and procedures, adopted in accordance with artide 23 of the Protocd, by
   which environmentai impact assessments are to be evaluated.
                                                                                                      1>
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                                                                                                    page 25
                                                  ANNEX V
                             OIL AND OILY MIXTURES AND DRILLING FLUIDS
The fdlowing provisions snail be prescribed by the Parties in accordance with artide 10:
A    Oil and Oilv Mixtures
     1.      Spills of high oil content in processing drainage and platform drainage shall be contained,
             diverted and then treated as part d the produd, but the remainder shall be treated to an
             acceptade level bdore discharge, in accordance with good oilfield pradice;
     2.      Oily waste and sludges from separation processes shall be transported to shore;
     3.      All the necessary precautions should be taken to minimize losses of oil into the sea from oil
             collected or flared from wdl testing;
     4.      All the necessary precautions should be taken to ensure that any gas resulting from oil
             activities should be flared or used in an appropriate manner.
B.   Drilling Fluids and Drill Cuttings
     1.       Water-based drilling fluids and drill cuttings are subjed to the fdlowing requirements:
             (a) The use and disposal of such drilling fluids are subject to the Chemical Use Plan and
                   the provisions d artide 9 d this Protocd;
             (b) The disposal of the drill cuttings shall either be made on land or into the sea in an
                   appropriate site or area as specified by the Competent State.
     2.     Oil-based drilling fluids and drill cuttings are subjed to the fdlowing requirements:
             (a) Such fluids shall only be used if they are of a sufficiently low toxicity and only after the
                   operator has been issued a permit by the competent national authority of the Competent
                   State when 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 sdkJs contrd equipment is installed and properly operated, that the discharge
                   point is well below the surface of the water, and that the oil content is less than 100
                   grams of oil per kilogram dry cuttings;
            (d) The disposal of such drill cuttings In specially protected areas Is prohibited;
            (e) In case of production and development drilling, a programme of sea-bed sampling and
                   analysis relating to the zone of contamination must be undertaken.
3.   Diesel-based drilling fluids:
     The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally be added to
     drilling fluids in such circumstances as the Parties may specify.
                                                                                                              9-2-
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page 26
                                                 ANNEXVI
                                            SAFETY MEASURES
The fdlowing provisions shall be prescribed by the Parties in accordance with artide 15:
(a)  That the installation must be safe and fit for the purpose for which it is to be used, in particular,
     that it must be designed and constructed so as to withstand, together with its maximum load, any
     natural condition, induding, more specifically, maximum wind and wave conditions as established
     by historical weather pattems, earthquake possibilities, sea-bed conditions and stability, and water
     depth;
(b)  That ali phases of the acth/ities, induding storage and transport of recovered resources, must be
     properiy prepared, that the whole activity must be open to contrd for safety reasons and must be
     conducted in the safest posside way. and that the operator must apply a monitoring system for
     ali acth/ities;
(c)  That the most advanced safety systems must be used and periodicaily tested in order to minimize
     the dangers d leakages, spillages, acckjental discharges, fire, exploslons, 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 sufficientiy marked
     so as to give adequate waming of its presence and sufficient details for its Identification using
     appropriate and internationally recognized waming signaJs;
(e)  That in accordance with International maritime practice, the installations must be indicated on
     charts and notrfied to those concemed;
(f)  That, in order to secure observance of the foregoing provisions, the person and/or persons having
     the responsibiiity 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, quaJrfied staff present at the installation. Such qualrfications should
     include, in particular, trainíng, on a continued basis, in safety and environmental matters.
                                                                                                             O\
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                                                                                            page 27
                                             ANNEX VII
                                        C0NT1NGENCY PLAN
A. The operators continoencv dan
   1. Operators are obliged to ensure:
      (a) That the most appropríate alarm system and communication system is available at the
           instailation 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 communícated to the competent national authority of the
           Competent State;
      (c) That in co-ordinatlon with the competent national authority of the Competent State,
           receipt of the alarm and appropríate assistance and co-ordination of assistance can be
           organized and supervised without delay;
      (d) That immediate infomriation about the nature and extent of the emergency is gh/en to the
           crew on the instailation and to the competent national authority d the Competent State;
      (e) That the competent national authority of the Competent State is constantly informed about
           the progress of combating the emergency;
      (f)  That at ali times sufficient and most appropríate materiais and equipment, including
           stand-by boats and aircraft, are available to put into effect the emergency plan;
      (g) That the most appropríate methods and techniques are known to the specialized crew
           referred to in annex VI, paragraph c, In order to combat teakages, spillages, accidental
           discharges, fire, explosions, blow-outs and any other threat to human life or the
           envíronment;
      (h) That the most appropríate methods and techniques are known to the specialized crew
           responsible for reducing and preventing long-term adverse effects on the environment;
      (i)  That the crew is thoroughly familiar with the operators contingency plan. that periodic
           emergency exercises are held so that the crew nas a thorough working knowiedge of the
           equipment and procedures and that each individual knows exactly his rde wrthin the plan.
   2. The operator should co-operate, on an institutionai basis, with other operators or entities
      capable of renderíng necessary assistance, so as to ensure that, in cases where the magnitude
      or nature of an emergency creates a rísk for which assistance is or might be required, such
      assistance can be rendered.
                                                                                                    9f
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 28
B.   National co-ordlnatlon and diredlon
The Competem State shall estadish natlonal co-ordination and direction to ensure. in case of an
emergency:
(a)  The co-ordination of the national contlngency plan and/or procedures and the operator^
     contingency plan and contrd of the condud d adions, especially in case of significam adverse
     effects of the emergency;
(b)  Diredion to the operator to take any action it may specify in the course of preventing, abating or
     combating pdlution or in the preparation of further action for that purpose, including placing an
     order for a relief drilling rig, or to prevem the operator from taking any specified action;
(c)  The co-ordination of adions in the course of preventing, abating or combating pdlution or in
     preparation for further adion for that purpose within the national jurísdiction with such actions
     undertaken within the jurísdiction of other States or by intemational organizations;
(d)  Cdledion and ready avaiiability of ali necessary Information concerning the existing actfvities;
(e)  The provision d 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 colledion of ali necessary informatlon concerning the extent and means of combating
     contingencies, and the dissemination of this Information to interested Parties;
(g) The co-ordination and supervísion of the assistance referred to in part A above, in co-operation
     with the operator; -
(h) The organization and if necessary, the co-ordination of specified actions induding intervention by
     technical experts and trained personnel with the necessary equipment and materiais.
(i)  Immediate communlcation to the competent national authorities of other Parties which might be
     affected by a contingency to enade them to take appropriate measures where necessary;
(j) The provision of technical assistance to other Parties, if necessary;
(k)  Immediate communication to the competent International organizations with a view to avoiding
     danger to shipping and other interests.
                                                                                                        y°
 ---pagebreak---                                                                        UNEP(OCA)/MED WG.30/4
                                                                                     page 29
                                                  APPENDIX
                  Ust of Oils
                  Asphatt solutions
                  Blending Stocks
                  Roofers Rux
                  Straight Run Resldue
                  Oils
                  Qarified
                  Crude Oil
                  Mixtures containing crude oil
                  Diesel Oil
                  Fuel Oii No. 4
                  Fud Oil No. 5
                  Fuel Oil No. 6
                  Residual Fud Oil
                 Road Oil
                 Transformer Oil
                 Aromatic Oil (exduding vegetable oil)
                 Lubrícating 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, Heavy)
                 Turbo Fuel
                 Kerosene
                 Mineral Spirit
*
  The list of oils should not necessarily be considered as exhausth/e.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 30
              Naphtha
              Sdvent
              Petrdeum
              Heartcut Distillate Oil
              Gasoline Blending Stocks
              Alkylates - fuel
              Reformates
              Pdymer - fuel
              Gasolines
              Casinghead (natural)
              Automotive
              Aviation
              Straight Run
              Fuel Oil No. 1 (Kerosene)
              Fuel Oil No. 1-D
              Fuel Oil No. 2.
              Fuel Oil No. 2-D
                                        *
 ---pagebreak---                                                                    ISSN 0257-9553
                                                             COM(92) 169 final
                                                  DOCUMENTOS
PT                                                                            14
                                     N.° de catálogo : CB-CO-92-185-PT-C
                                                           ISBN 92-77-43659-X
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