CELEX: 51994PC0397
Language: en
Date: 1994-09-22
Title: Proposal for a Council Decision concerning the signature of a Protocol for the protection of the Mediterranean sea against pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil (Barcelona Convention)

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                      C0M(94) 397 final
                                      Brussels, 22.09.1994
             PROPOSAL FOR A COUNCIL DECISION
    CONCERNING THE SIGNATURE OF A PROTOCOL FOR THE
      PROTECTION OF THE MEDITERRANEAN SEA AGAINST
        POLLUTION RESULTING FROM EXPLORATION AND
          EXPLOITATION OF THE CONTINENTAL SHELF
              AND THE SEABED AND ITS SUBSOIL
                 (BARCELONA CONVENTION)
                 (presented by the Commission)
 ---pagebreak---                                                                                  z
                      EXPLANATORY MEMORANDUM
1. On 6 May 1992 the Commission adopted and submitted to the Council a proposal
   for a Council Decision concerning the signature of a Protocol (to the Barcelona
   Convention) for the protection of the Mediterranean Sea against pollution resulting
   from exploration and exploitation of the continental shelf and the seabed and its
   subsoil (the "off-shore Protocol") (COM(92)169 final).
2. A draft Protocol was annexed to the proposal. In the light of the reservations and
   comments expressed by the contracting parties' delegations, the Secretariat for the
   Convention amended the draft. The revised draft Protocol is annexed to this
   proposal.
3. The Community is a contracting party to the Convention for the protection of the
   Mediterranean Sea against pollution.1 It is also a party to the four Protocols
   adopted within the framework of the Convention, namely the Protocol for the
   prevention of pollution by dumping from ships and aircraft,1 the Protocol
   concerning cooperation in combating pollution by oil and other harmful
   substances,2 the Protocol for protection against pollution from land-based sources3
   and the Protocol concerning specially protected areas.4
4. At their fourth ordinary meeting (Genoa, September 1985) the contracting parties
   to the Barcelona Convention asked for a Protocol to be drawn up for the
   protection of the Mediterranean Sea against pollution resulting from exploration
   and exploitation of the continental shelf and the seabed and its subsoil (the
   "off-shore Protocol"), in accordance with Article 7 of the Convention.
5. A draft Protocol was prepared by the Secretariat. At the sixth ordinary meeting
   of the contracting parties (Athens, 3-6 October 1989) it was decided that the
   working party of experts appointed by the contracting parties should meet to
   examine and finalize the draft "off-shore Protocol". The group of experts met in
   Athens from 7 to 11 May 1990 and from 8 to 11 January 1991 and in Cairo on
   4 and 5 October 1991.
   Decision   77/585/EEC   - OJ No  L  240, 19.9.1977.
   Decision   81/420/EEC   - OJ No  L  162, 19.6.1981.
   Decision   83/101/EEC   - OJ No  L  67, 12.3.1983.
   Decision   84/132/EEC   - OJ No  L  68, 10.3.1984.
 ---pagebreak--- 6.  As decided at the eighth meeting of the contracting parties (Antalya,
    12-15 October 1993), a Conference of Plenipotentiaries will be held in Madrid on
    13 and 14 October 1994 to sign the Protocol. It will be preceded by a meeting
    of experts on 11 and 12 October 1994 with a view to finalizing the draft Protocol,
    if necessary.
7.  In June 1989 the Commission submitted to the Council a recommendation for a
    Decision authorizing the Commission to participate in the negotiations on the
    Protocol (SEC(89)928 final). On 4 February 1991 (Doc. 4252/91) the Council
    authorized the Commission, in respect of matters falling within the Community's
    field of competence, to participate in the negotiations on the off-shore Protocol,
    on the basis of specific negotiating directives. The Commission participated in
    the meetings of the group of experts.
8.  The Protocol will be open for signature during the Conference of Plenipotentiaries
    in Madrid on 13 and 14 October 1994.
9.  The Commission draws the Council's attention to the need to adopt this Decision
    in good time to enable the Community to sign the Protocol once it is open for
    signature alongside the Member States which are contracting parties to the
    Barcelona Convention.
10. To this end, the Council is requested to authorize the President to appoint the
    person(s) empowered to sign this Protocol, on behalf of the Community, subject
    to subsequent conclusion.
 ---pagebreak---                        PROPOSAL FOR A COUNCIL DECISION
            CONCERNING THE SIGNATURE OF A PROTOCOL FOR THE
              PROTECTION OF THE MEDITERRANEAN SEA AGAINST
                POLLUTION RESULTING FROM EXPLORATION AND
                  EXPLOITATION OF THE CONTINENTAL SHELF
                        AND THE SEABED AND ITS SUBSOIL
                            (BARCELONA CONVENTION)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Whereas the Community is a contracting party to the Convention for the protection of the
Mediterranean Sea against pollution (Barcelona Convention)1 and the four Protocols
thereto;2
Whereas the Commission has participated, on behalf of the Community, in the
negotiations, within the working party set up by the contracting parties to the Barcelona
Convention, concerning the preparation of a Protocol for the protection of the
Mediterranean Sea against pollution resulting from exploration and exploitation of the
continental shelf and the seabed and its subsoil ("off-shore Protocol");
Whereas at least some of the fields of application of the abovementioned Protocol are
within the Community's field of competence;
Whereas the Commission has informed the Council of the outcome of the negotiations
in order that it may adopt a final position;
Whereas this Protocol must be adopted and opened for signature by the contracting
parties at the Conference of Plenipotentiaries to be held in Madrid on 13 and 14 October
1994;
Whereas it is important that, subject to subsequent conclusion, this Protocol be signed by
the Community,
HAS DECIDED AS FOLLOWS:
        OJ No   L 240, 19.9.1977, pp. 1 and 3.
        OJ No   L 240, 19 9.1977, pp. I and 12.
        OJ No   L 162, 19.6.1981, p. 4.
        OJNo    L 67, 12.3.1983, p. 1.
        OJNo    L 68, 10.3.1984, p. 36.
 ---pagebreak---                                     SOLE ARTICLE
The President of the Council is authorized to appoint the person(s) empowered to sign,
on behalf of the Community, subject to subsequent conclusion, the Protocol, to the
Barcelona Convention, for the protection of the Mediterranean Sea against pollution
resulting from exploration and exploitation of the continental shelf and the seabed and its
subsoil, in accordance with Article 7 of the Barcelona Convention, and to confer upon
them the powers necessary for this purpose.
                                                     Done at Brussels,
                                                     For the Council,
                                                     The President.
 ---pagebreak---                                                                                      EP
                 United Nations                                          G
                                                                         °             **
                                                                                       %g*J
                 Environment
                 Programme                                            UNEP(OCA)/MED WG.8V
                                                                                 13 June 199
                                                                            Original: ENGUSI
MEDITERRANEAN ACTION PLAN
Fourth Meeting of the Working Group of Experts on
the draft Protocol for the protection of the
Mediterranean Sea against pollution
resulting from Exploration and Exploitation of
the Continental Shelf, and the Sea-bed and its
Sub-soil
Madrid, 11-12 October 1994
                                            DRAFT PROTOCOL FOR THE
                                 PROTECTION OF THE MEDITERRANEAN SEA
                     AGAINST POLLUTION RESULTING FROM EXPLORATION AND
                            EXPLOITATION OF THE CONTINENTAL SHELF AND
                                         THE SEA-BED AND ITS SUB-SOIL
                                                      UNEP
                                                   Athens, 1994
 ---pagebreak--- page 4
               DRAFT PROTOCOL FOR THE PROTECTION OF THE
        MEDITERRANEAN SEA AGAINST POLLUTION RESULTING FROM
   EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND
                           THE SEA-BED AND ITS SUBSOIL
                                         PREAMBLE
        The Contracting Parties to the present Protocol
        Being Parties to the Convention for the Protection of the Mediterranean Sea
against Pollution, adopted at Barcelona on 16 February 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, adopted at Barcelona on 16 February
1976, and the Protocol concerning Mediterranean Specially Protected Areas, 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,*1
        Recognizing the differences in levels of development between the coastal
States, and taking account of the economic and social imperatives of the developing
countries,
        Have agreed as follows:
      *Turkey has expressed a reservation.
 ---pagebreak---                                                                       UNEP(OCA)/MED WG.81/3
                                                                                          page 5
  SECTION I           -        GENERAL PROVISIONS                                 ?
  Article 1      -    DEFINITIONS
          For the purposes of this Protocol:
*
  (a)     "Convention" means the Convention for the Protection of the Mediterranean Sea
          against Pollution, adopted at Barcelona on 16 February 1976;
  (b)     "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 Area" (hereinafter referred to as "activities") means:
          (i)    Activities of scientific research concerning the resources of the sea-bed
                 and its subsoil;
           (ii)   Exploration activities:
                       Seismological 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 (a) of the Convention;
   (f)     "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;
 ---pagebreak---     UNEP(OCA)/MED WG.81 /3
    page 6                                                                           Q,
            (iv)    Offshore loading terminals and transport systems for the extracted
                    products, such as submarine pipelines;
            (v)     Apparatus attached to it and equipment for the reloading, processing,
  *                 storage and disposal of substances removed from the sea-bed or its
•                   subsoil;
    (g)   "Operator" means:
            (i)    The person authorized by the Party exercising jurisdiction over the area
                   where the activities are undertaken (hereinafter referred to as the
                   "Contracting Party") in accordance with this Protocol to carry out activities;
                   or
            (ii)   Any person who does not hold a valid authorization within the meaning of
                   this Protocol but is de facto in overall control of the activities;*2
    (h)     "Safety zone" means a zone established 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 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;
    Q)      "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 Plan" means a plan drawn up by the operator of any offshore
            installation 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;
        2
          *Turkey has expressed a reservation.
 ---pagebreak---                                                                          UNEP(OCA)/MED WG.81/3
                                                                                            page 7
                                                                                        •A
                                                                                           o
   (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 water-
                   closet scuppers;
             (ii)  Drainage from medical 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 all kinds of victual, domestic and operational 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 Protocol;
    (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.
   Article 2       -    GEOGRAPHICAL COVERAGE*3
    1.       The area to which this Protocol applies (referred to in this Protocol as the
    "Protocol Area") shall be:
             (a) The Mediterranean Sea Area as defined in article 1 of the Convention;
             (b) Waters on the landward side of the baselines from which the breadth of
                   the territorial sea is measured and extending, in the case of watercourses,
                   up to the freshwater limit.
    2.       Any of the Contracting Parties to this Protocol (referred to in this Protocol as
    "the Parties") may also include in the Protocol area wetlands cr coastal areas of their
    territory.
    Article 3      -    GENERAL UNDERTAKINGS
    1.       The Parties shall take, individually or through bilateral or multilateral cooperation,
    all appropriate measures to prevent, abate, combat and control pollution in the
    Protocol Area resulting from activities, inter alia by ensuring that
          Turkey has expressed a reservation.
 ---pagebreak--- UNEP(OCA), MED WG.81 /3
page 8
                                                                         AS)
the best available technology, environmentally effective and 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 authority of the Contracting Party. 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, as defined by the
competent authority of the Contracting Party.
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
 Contracting Party 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 Contracting Party 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 authority of the Contracting Party and that
 any such application must include. in particular, tne following:
        (a) A survey concerning the effects of the proposed activities on the
              environment; the competent 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 accordance with annex IV to this Protocol;
        (b) The precise definition of the geographic areas where the activity is
              envisaged, including safety zones;
 ---pagebreak---                                                                       UNEP(OCA)/MEO WG.81/3
                                                                                       page 9
          (c) Particulars of the professional 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 as prescribed in
                article 27, paragraph 2 (b).
  2.      The competent 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 authority of the Contracting Party 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 authorizations
  granted or renewed. The Organization shall keep a register of all the authorized
  installations in the Protocol Area.
  Article 7      -     SANCTIONS
            Each Party shall prescribe sanctions to be imposed for breach of obligations
  arising out of this Protocol, or for non-observance of the national laws or regulations
  implementing this Protocol, or for non-fulfillment of the specific conditions attached to
  the authorization.
 ---pagebreak--- UNEP(OCA), MEO WG. « t 3
page 10
                                                                        43
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 a general obligation upon operators to use the best available,
environmentally effective and economically appropriate technology and to observe
internationally accepted standards regarding wastes as well as the use, storage and
discharge of harmful or noxious substances and materials, with a 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 authority of the Contracting Party, on the basis of the Chemical Use
 Plan.
 2.      The Contracting Party 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.}
 New para.3
 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.
 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 authority of the Contracting Party.
 6.      The disposal into the Protocol Area of all other harmful or noxious substances
 and materials which might cause pollution requires a prior general permit from the
 competent authority of the Contracting Party.
 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.
 ---pagebreak---                                                                         UNEP(OCA)/MED WG.81/3
                                                                                        page 11
  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 installations into the Protocol Area:
*          (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;
                 (ii) 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.
  2.       The Parties shall 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 appropriate 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 Contracting Party shall prohibit the discharge of sewage from installations
  permanently 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 authority of the Contracting Party at a distance of at least
                 four nautical miles from the nearest land or fixed fisheries installation,
                 leaving the Contracting Party 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 fixed fisheries installation, leaving the Contracting
                 Party to decide on a case by case basis; or*4
            (c) The sewage has passed through an approved sewage treatment plant
                 certified by its competent authority of the Contracting Party.
       4
         *Turkey has expressed a reservation.
 ---pagebreak--- UNEP(CCA)/MED WG.81/2
page 12
2.      The Contracting Party shall impose stricter provisions, as appropriate, where
deemed necessary because of, inter alia, the regime of the currents in the area or
proximity to any area 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 disposal requirements, the more stringent requirements shall
apply.
Article 12 -        GARBAGE
 1.      The Contracting Party shall 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 bio-degradable garbage, including paper products, rags,
                glass, metal, bottles, crockery, dunnage, lining and packing materials.
 2.       Disposal into the Protocol Area of food wastes shall take place as far away as
 possible from land, but in any case 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. 5
 3.       If garbage is mixed with other discharges having different disposal or discharge
 requirements the more stringent requirements shall apply.
 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 are imposed in respect of illegal disposals.
       *Turkey has expressed a reservation.
 ---pagebreak---                                                                    UNEP(OCA)/MED WG.81/3
                                                                                     page 13
  Article 14 -       EXCEPTIONS
  1.      The provisions of this Section shall not apply in case 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 ail 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 authority of the Contracting Party, are 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 shall apply in any case where the
  operator acted 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 shall be reported immediately to the Organization and, either through the
  Organization or directly, to any 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.
  SECTION IV         -      SAFEGUARDS
  Article 15 -       SAFETY MEASURES
   1.       The Contracting Party within whose jurisdiction activities ara envisaged or are
  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 Contracting Party shall ensure that the operator has at 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 available
  environmentally effective and economically appropriate technology and the provisions
  of the operator's contingency plan referred to in article 16.
  3.        The competent authority of the Contracting Party shall require a certificate
  of safety and fitness for the purpose (hereinafter referred to as "certificate") issued by
 ---pagebreak---   UNEP(OCA)/M£D WG.81/3
   page Ï 4
                                                                               i*
  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 Contracting Party.
  4.       The Parties shall ensure through inspection that the activities are conducted by
>  the operators in accordance with this article.
  Article 16 -       CONTINGENCY PLANNING
  .1       Each Party shall endeavour to promote and maintain a plan for combating
  pollution or other adverse effects and for saving human life in the Protocol Area in
  cases of emergencies resulting from activities (hereinafter referred to as "national
  contingency plan"), taking into account the Protocol concerning Cooperation in
  Combating Pollution of the Mediterranean Sea by Oil and Other Harmful 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.*6
   New para.1
   1.       In cases of emergency the Contracting Parties shall take into account the
   provisions of the Protocol concerning Cooperation in Combating Pollution of the
   Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency.
   2.       Each Party shall require operators in charge of installations under its jurisdiction
   to have a contingency plan to combat accidental pollution, co-ordinated with the
   contingency plan of the Contracting Party established in accordance with the Protocol
   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 authorities of the Contracting Party.
   3.       Each Contracting Party shall establish co-ordination and competent direction in
   accordance 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 authority of the Contracting Party:
   (a)      any event on their installation causing or likely to cause pollution in the Protocol
            Area;
    (b)     any observed event at sea causing or likely to cause pollution in the Protocol
            Area.
         *France has expressed a reservation.
 ---pagebreak---                                                                     UNEP(OCA)/MED WG.81/3
                                                                                    page 15
                                                                             1 F
  Article 18 -      MUTUAL ASSISTANCE IN CASES OF EMERGENCY
          In cases of emergency, a Party requiring assistance 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 also a Party to the Protocol concerning
  cooperation in combating pollution of the Mediterranean Sea by oil and other harmful
  substances in cases 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 area and to report on them periodically or upon request by the
  competent authority of the Contracting Party for the purpose of an evaluation by
  such competent authority according to a procedure established by the competent
  Contracting Party in its authorization system.*7
  2.       The competent authority of the Contracting Party 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 activities on the environment, so as to
  ensure that the conditions attached to the grant of the authorization are being fulfilled.
  Article 20 -        REMOVAL OF INSTALLATIONS
   1.      The operator shall be required by the competent Contracting Party to remove
   any installation which is abandoned or caused, in order to ensure safety of navigation,
  taking into account the guidelines and standards adopted by the competent
   international organization. Such removal shall also 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 Contracting Parties. Prior to it, the operator under his
   responsibility shall take all necessary measures to prevsnt spillage or leakage from the
   site of the activities.
   2.      The competent Contracting Party shall require the operator to remove
   abandoned 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,
         *Turkey has expressed a reservation.
 ---pagebreak---  UNEP'OCA). MED WG.31 /3
 pace 15
                                                                         /)0)
nor interfere with other legitimate uses of the sea or with the rights and duties of other
Contracting Parties. The competent authority of the Contracting Party 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 apply also to installations disused or abandoned
by any operator whose authorization may have been withdrawn or suspended in
compliance with article 7.
4.      The competent Contracting Party 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.
5.      The competent Contracting Party 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 authority of the Contracting Party shall undertake, at the operator's
 expense, such action or actions as may be necessary to remedy the operator's failure
to act.
Article 21 -       SPECIALLY PROTECTED AREAS*8
         For the protection of the areas defined in article 3 of the Protocol
 concerning Mediterranean Specially Protected Areas and any other area
 established by the Parties and 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 and 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 cf authorization, such measures may
 include, inter alia:
         (a) Special restrictions or conditions when granting authorizations for such
              areas:
              (i)  The preparation and evaluation cf environmental impact assessments;
              (ii) Special elaboration of provisions in such areas concerning the
                   monitoring, removal of installations and prohibition of any discharge.
     a
       *Turkey has expressed a reservation.
 ---pagebreak---                                                                      UNEP(OCA)/MED WG.81/3
                                                                                     page 17
                                                                             ^  O
          (b) Intensified exchange of information among operators, the competent
               national authorities, Parties and the Organization regarding matters which
               may affect such areas.
/ SECTION V         -      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 scientific
  and technological research for the purpose of developing new methods of:
  (a)     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 Parties shall cooperate, either directly or through the Organization or other
  competent international organizations, in order to:
           (a) Establish appropriate scientific criteria for the formulation and elaboration
               of international rules, standards and recommended practices and
               procedures for achieving the aims of this Protocol;
           (b) Formulate and elaborate such international rules, standards and
               recommended practices and procedures;
           (c) The Parties shall formulate and adopt guidelines in accordance with
               international 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
  regulations with the international rules, standards and recommended practices and
  procedures referred to in paragraph 1 of this article.
  3.      The Parties shall 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
 ---pagebreak---  UNEP(OCA)/MED WG.81/3
 page 18
                                                                                 zn
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, abate,
combat and control pollution due to activities in the Protocol Area.
2.      Technical assistance would include, in particular, the training 'of scientific, legal
and technical personnel, as well as the acquisition, utilization and production by those
countries of appropriate equipment on advantageous terms to be agreed upon among
the Parties concerned.
Article 25 -       MUTUAL INFORMATION
        The Parties shall inform one another directly or through the Organization of
 measures taken, of results achieved and, if the case arises, of difficulties encountered
 in the application of this Protocol. Procedures for the collection and submission of
 such information shall be determined at the meetings of the Parties.
Article 26 -       TRANSFRONTIER POLLUTION
 1.      Each Party shall take all measures necessary to ensure that activities under their
jurisdiction are so conducted so as not to cause a pollution beyond the limits of its
jurisdiction.
 2.      A Party within whose jurisdiction activities are being envisaged or carried out
 should take into account any adverse environmental 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 cases 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 aopropriate measures. The Organization
 shall distribute the information immediately to all relevant Parties.
 4.      The Parties shall endeavour, in accordance 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 Party affected shall endeavour to cooperate with
 the said State so as to make possible the application of the Protocol.
 ---pagebreak---                                                                            UNEP(OCA)/MED WG.81/3
                                                                                              page 19
                                                                                               ^
     Article 27    -     LIABILITY AND C O M P E N S A T I O N * 9
     1.       The Parties 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 dealt with in this Protocol, in conformity with article
     12 of the Convention.
     2.       Pending development of such procedures, the Parties:
              (a) Shall take all 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;
              (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
                   Contracting Party shall specify in order to cover the liability under this
                    Protocol.
     SECTION V! -                FINAL PROVISIONS
     Article 28 -        APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
              Each Contracting Party shall appoint one or more competent authorities to:
     (a)      Grant, renew and register the authorizations 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 tc in annex V to this Protocol;
     (d)      Approve the treatment system and certify the sewage treatment plant referred
              to in article 11, paragraph 1, of this Protocol;
     (e)      Give the prior approval for exceptional discharges referred to in article 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;
          9
            *The following reservations were expressed: by the E.E.C, France, Spain and Tunisia with
  respect to paragraph 2; by Morocco and Turkey with respect to the whole article.
 ---pagebreak--- page 20
                                                                        Z3
(g)     Perform the functions relating to contingency planning described in article 16
        and annex VII to this Protocol;
(h)     Establish monitoring procedures as provided in article 19 of this Protocol;
(i)     Supervise the removal operations of the installations as provided in article 20 of
        this Protocol.
Article 29 -       TRANSITIONAL MEASURES
        Each Party shall elaborate procedures and regulations regarding activities,
whether authorized or not, initiated before the entry into force of this Protocol, to
ensure their conformity, as far as practicable, 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 Parties to the Convention held pursuant to article 14 of the
Convention. The Parties may also hold extraordinary meetings in accordance with
article 14 of the Convention.
2.      The functions of the meetings of the Parties 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 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 Protocol;
         (c) To consider the information concerning authorizations granted or renewed
              in accordance with Section II of this Protocol;
         (6) To consider the information concerning *ho permits issued and approvals
              given in accordance with Section lil of this Protocol,
         (e) To adept the guidelines referred to in article 9, paragraph 2, and article 23,
              paragraph 1 (c), of this Protocol;
         (f)  To consider the records of the contingency plans and means of
              intervention in emergencies adopted in accordance with article 16 of this
              Protocol;
         (g) To establish criteria and formulate international rules, standards and
              recommended practices and procedures in accordance with article 23,
              paragraph 1, of this Protocol, in whatever form the Parties may agree;
 ---pagebreak---                                                                    UNEP(OCA)/MED WG.81/3
                                                                                    page 21
                                                                                Z u
         (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 and E.E.C. legislation 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 as may be appropriate for the
              application 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 and the financial rules adopted pursuant to article 18 of
the Convention shall apply with respect to this Protocol, unless the Parties to this
Protocol agree otherwise.
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
Mediterranean Region for the Protection of the Mediterranean Sea against Pollution
resulting from Exploration and Exploitation of the Sea-bed and its 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 Protocol Area and which
exercises competence in fields covered by this Protocol in conformity with article 24
of the Convention.
2.       This Protocol shall be subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the
Government of Spain, which will assume the functions of Depositary.
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 day following the date of
deposit of at least six instruments of ratification, acceptance or approval of, or
accession to, the Protocol by the Parties referred to in paragraph 1 of this article.
 ---pagebreak--- UNEP(OCA)/MED WG.81/3
page 22
                                                                      4r
       IN WITNESS WHEREOF the undersigned, being duly authorized by their
       respective Governments, as well as the Council for those matters concerning
       the European Economic Community, 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.81/3
                                                                                   page 23
                                         ANNEX I                                 °
            HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
    THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED
A.   The following substances and materials and compounds thereof are listed for
     the purposes of article 9, paragraph 4 of the Protocol. They have been selected
     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 environment3/
     4.     Organophosphorus compounds and substances which may form such
            compounds in the marine environment1/
     5.     Organohalogen compounds and substances which may form such
            compounds in the marine environment1/
     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
 B.  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 and, in
      relation to oil, below the limits defined in article 10 of this Protocol.
-/   With the exception of those which are biologically harmless or which are rapidly
     converted into biologically harmless substances.
 ---pagebreak---   UNEP(OCA)/MED WG.81/3
  page 24
                                                                        ^
                                          ANNEX H
+              HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
                          IS SUBJECT TO A SPECIAL PERMIT
  A.     The following substances and materials and compounds thereof have been
         selected for the purpose of article 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.  Titanium
          14.  Tin
          15.  Barium (other than barium sulphate)
          16.  Boron
          17.  Uranium
          18.  Cobalt
          19.  Thallium
          20.  Tellurium
          21.  Silver
          22.  Cyanides
  B.      The control and 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.81/3
                                                                                 page 25
                                       ANNEX III                        *<Z
       FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS
       For the purpose of the issue of a permit required under article 9, paragraph 7,
particular account will be taken, as the case may be, of the following 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 (solid, liquid, sludge, slurry, gaseous);
       4.   Total amount (volume discharged, e.g. per year);
       5.    Discharge pattern (continuous, intermittent, seasonally variable, etc.);
       6.   Concentrations with respect to major constituents, substances listed in
            annex I, substances listed in annex II, and other substances as
            appropriate;
        7.   Physical, chemical and biochemical properties for the waste.
B.      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 biological materials or sediments;
       4.    Biochemical transformation producing harmful compounds;
       5.   Adverse effects on the oxygen content and balance;
       6.   Susceptibility to physical, chemical and biochemical changes and
            interaction in the aquatic environment with other sea-water constituents
            which may produce harmful biological or other effects on any of the uses
            listed in section E below.
 ---pagebreak---   UNEP(OCA)/MED WG.91/3
  page 26
  C.     Characteristics of discharge site and receiving marine environment
         1.   Hydrographie, meteorological, geological and topographical characteristics
              of the area;
*
         2.   Location and type of the discharge (outfall, canal, outlet, etc.) and its
              relation to other areas (such as amenity areas, spawning, nursery and
              fishing areas, shellfish grounds) and other discharges;
         3.   Initial dilution achieved at the point of discharge into the receiving marine
              environment;
         4.    Dispersion characteristics 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 ecological conditions in the discharge area;
         6.    Capacity of the receiving marine environment to receive waste discharges
               without undesirable effects.
  D.      Availability of waste technologies
  The methods of waste reduction and discharge for industrial effluents as well as
  domestic sewage should be selected taking into account the availability and feasibility
  of:
          (a)  Alternative treatment processes;
          (b)  Re-use or elimination methods;
          (c)  On-land disposal alternatives;
          (d)  Appropriate low-waste technologies.
          Potential impairment of marine ecosystem and sea-water uses
          1.   Effects on human life through pollution impact on:
               (a) Ed'ble 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 sea in conformity with international
               law.
 ---pagebreak---                                                                 UNEP(OCA)/MED WG.81/3
                                                                                 page 27
                                        ANNEX IV
                      ENVIRONMENTAL IMPACT ASSESSMENT
1. Each Party shall require that the environmental impact assessment contains at least
   the following:
   (a) A description of the geographical boundaries of the area within which the
        activities are to be carried out, including 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 and means;
    (e) A description of the foreseeable direct or indirect short and long-term effects
        of the proposed activities on the environment, including 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 pollution and other adverse effects during and after the proposed
        activities;
    (h) A reference to the methodology used for the environmental impact
        assessment;
    (i) An indication of whether the environment of any other State 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 accordance
   with article 23 of the Protocol, by which environmental impact assessments are to
    be evaluated.
 ---pagebreak--- UNEP(OCA)/MED WG.81 /3
page 28
                                                                               31
                                           ANNEX V
                  OIL AND OILY MIXTURES AND DRILLING FLUIDS
The following provisions shall be prescribed by the Parties in accordance with article
10:
A.   Oil and Oily 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
           accordance with good oilfield practice;
     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 well 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 subject to the following
           requirements:
           (a) The use and disposal of such drilling fluids are subject to the Chemical
                Use Plan and the provisions of article 9 of this Protocol;
           (b) The disposal of the drill cuttings shall either be made on land or into the
                sea in an aopropriate site or area as specified by the Competent State.
     2.    Oil-based drilling fluids and drill cuttings are subject to the following
           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;
 ---pagebreak---                                                               UNEP(OCA)/MED WG.81/3
                                                                              page 29
                                                                             ?>^
       (c) The disposal of the drill cuttings into the sea is only permitted on
           condition that an efficient solids control 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.
 ---pagebreak---          — v/ ••••   .\J • • w
page 30
                                         ANNEX VI
                                                                        33
                                   SAFETY MEASURES
The following provisions shall be prescribed by the Parties in accordance with
article 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, including, 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, including 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 advanced 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, thar
      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 accordance with international maritime practice, the installations must be
      indicated on charts and notified to those concerned;
(f)   That, in order to secure observance of the foregoing provisions, the person
      and/or persons having the responsibility for the installation and/or the activities,
      including the person responsible for the blow-out Dreventer, must have the
      qualifications required by the Competent State, ana that there must be
      permanently sufficient, qualified staff present at the installation. Such qualifications
      should include, in particular, training, on a continued basis, in safety and
      environmental matters.
 ---pagebreak---                                                                  UNEP(OCA)/MED WG.81/3
                                                                                   ANNEXE VI
                                                                                        page 1
                                         ANNEXE VI                                        7
                                  MESURES DE SECURITE
Les Parties s'assurent de l'application des dispositions suivantes conformément à l'article
15:
a)    Que l'installation est sûre et apte à l'usage prévu, et particulièrement qu'elle est
      conçue et construite pour résister en charge maximum à tout phénomène naturel,
      notamment aux forces les plus grandes du vent et de la mer relevées dans les
      annales météorologiques, aux secousses sismiques éventuelles, et qu'elle est
      adaptée à la configuration et à la stabilité du fond de la mer, ainsi qu'à la profondeur
      de l'eau;
b)    Que toutes les phases des activités, y compris le stockage et le transport des
      ressources récupérées, sont bien préparées, que l'ensemble de l'activité peut être
      contrôlé au plan de la sécurité et qu'elle est menée de la manière la plus sûre
      possible, et que l'exploitant exerce sur toutes ses activités une surveillance continue;
c)    Que les systèmes de sécurité les plus perfectionnés sont utilisés et vérifiés
      périodiquement pour réduire au minimum les risques de fuite, de déversement, de
      rejet accidentel, d'incendie, d'explosion, d'éruption ou de tout ce qui pourrait menacer
      la sécurité de l'homme ou l'environnement; qu'une équipe spécialisée et entraînée
      pour mettre en oeuvre et entretenir ces systèmes est sur place et qu'elle effectue
      régulièrement des exercices;
d)    Que l'installation et, le cas échéant, la zone de sécurité instaurée sont balisées de
      manière à être convenablement signalées, avec suffisamment de détails pour être
      identifiées par des signaux d'avertissement appropriés et internationalement
      reconnus;
e)    Que les installations sont portées sur les cartes conformément à la pratique maritime
      internationale, et que les intéressés sont avisés de leur présence;
f)    Afin d'assurer que sont respectées les dispositions ci-dessus, que la ou les
      personnes ayant la responsabilité de l'installation et des activités, notamment le
      responsable de l'obturateur anti-éruption, présentent les qualifications requises par
      l'Etat compétent et qu'il y a en permanence sur l'installation suffisamment de
      personnel qualifié. Ces qualifications doivent s'accompagner en particulier d'une
      formation continue en matière de sécurité et d'environnement.
 ---pagebreak---                                                               UlNCr^WOMJ/IVICU WO.O I/O
                                                                                 ANNEXE VII
                                                                                       page 1
                                       ANNEXE VII
                         PLAN D'INTERVENTION D'URGENCE
A. Le plan d'intervention de l'opérateur:
   1.  Les opérateurs sont tenus d'assurer:
       a) Que le système d'alarme et de communication le plus adapté est présent sur
           l'installation et en bon état de marche;
       b) Que l'alerte est immédiatement donnée en cas d'urgence et que toute
          situation critique est immédiatement signalée à l'autorité nationale compétente
          de l'Etat compétent;
       c) Qu'en coordination avec l'autorité nationale compétente de l'Etat compétent,
           la diffusion de l'alerte, l'assistance appropriée et la coordination de celle-ci
          sont organisées et supervisées sans retard;
       d) Qu'une information immédiate concernant la nature et l'ampleur de la situation
           critique est donnée à l'équipe présente sur l'installation et à l'autorité nationale
           compétente de l'Etat compétent;
       e) Que l'autorité nationale compétente de l'Etat compétent est en permanence
           pleinement informée de l'évolution de l'intervention d'urgence;
       f) Qu'à tout moment on dispose de suffisamment de matériel et d' équipements
           les plus adaptés, notamment navires et aéronefs, prêts à intervenir pour
           mettre en oeuvre le plan d'intervention d'urgence;
       g) Que les méthodes et les techniques ies plus adaptées sont connues de
           l'équipe spécialisée visée à l'annexe VI alinéa c) pour combattre les fuites,
           déversements, décharges accidentelles, incendies, explosions, éruptions et
          toute autre menace pour la vie humaine ou l'environnement;
       h) Que les méthodes et les techniques les plus adaptées sont connues de
           l'équipe spécialisée chargée d'atténuer et de prévenir les dommages durables
           à l'environnement;
       i)  Que l'équipe a une connaissance détaillée du plan d'intervention d'urgence
           de l'opérateur, que des exercices sont régulièrement pratiqués afin que
           l'équipe ait la pleine maîtrise du matériel et des procédures et que chacun
           connaisse exactement son rôle.
 ---pagebreak---                                                                         page 33
                                   APPENDIX
                                                                     3c
List of Oils
Asphalt solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oils
Clarified
Crude Oil
Mixtures containing crude oil
Diesel Oil
Fuel Oil No. 4
Fuel Oil No. 5
Fuel Oil No. 6
Residual Fuel Oil
Road Oil
Transformer Oil
Aromatic Oil (excluding 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
 The list of oils should not necessarily be considered as exhaustive.
 ---pagebreak---     UNEP(OCA)/MED WG.81/3
    page 34
                                 3?
      Jet Fuels
      JP-1 (Kerosene)
  *
•     JP-3
      JP-4
      JP-5 (Kerosene, Heavy)
      Turbo Fuel
      Kerosene
      Mineral Spirit
      Naphtha
      Solvent
      Petroleum
      Heartcut Distillate Oil
      Gasoline Blending Stocks
      Alkylates - fuel
      Reformates
      Polymer - 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---                                                                            3£
                                                                     ISSN 0254-1475
                                                              COM(94) 397 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number : CB-CO-94-419-EN-C
                                                             ISBN92-77-80675-3
Office for Official Publications of the European Communities
L-2985 Luxembourg