CELEX: 51992PC0169
Language: it
Date: 1992-05-06
Title: Proposta di DECISIONE DEL CONSIGLIO relativa alla firma di un protocollo sulla protezione del Mar Mediterraneo dall' inquinamento risultante dall' esplorazione e dallo sfruttamento della piattaforma continentale, del fondo marino e degli strati sottostanti (Convenzione di Barcellona)

COMMISSIONE DELLE COMUNITÀ EUROPEE
                                            C0M(92) 169 def.
                                            Bruxelles, 6  maggio 1992
                                  Proposta di
                           DECISIONE DEL CONSIGLIO
                   relativa alla firma di un protocollo
          sulla protezione del Mar Mediterraneo dall'inquinamento
             risultante dall'esplorazione e dallo sfruttamento
della piattaforma continentale, del fondo marino e degli strati sottostanti
                        (Convenzione di Barcellona)
                        (presentata dalla Commissione)
 ---pagebreak---                                        - 2 -
Proposta di decisione del Consiglio relativa alla firma di un protocollo sulla
protezione del Mar Mediterraneo dall'Inquinamento risultante dall'esplorazione e
dallo sfruttamento della piattaforma continentale, del fondo marino e degli
strati sottostanti (Convenzione di Barcellona)
                                     RELAZIONE
1. La Comunità ò Parte contraente alla Convenzione per la protezione del Mar
    Mediterraneo dall'inquinamento*1* ed ha concluso anche i quattro protocolli
    che sono stati adottati nel quadro della Convenzione, ossia il protocollo
    relativo alla prevenzione dell'inquinamento derivante dalle operazioni di
    scarico di rifiuti (1), quello relativo alla collaborazione in materia di
    lotta contro l'inquinamento provocato dagli idrocarburi e altre sostanze
    nocive*2*, quello relativo alla protezione dell'inquinamento di origine
    terrestre*3*, e quello relativo alle zone .specialmente protette*4*.
2. Durante la quarta riunione ordinaria (Genova, settembre 1985), le Parti
    contraenti alla Convenzione di Barcellona hanno chiesto, in conformità
   dell'articolo 7 della convenzione, l'elaborazione di un protocollo relativo
   alla protezione del Mar Mediterraneo contro l'inquinamento provocato
   dall'esplorazione e dallo sfruttamento della piattaforma continentale, del
    fondo marino e degli strati sottostanti (protocollo "off-shore").
3. Il Segretariato ha elaborato un progetto di protocollo e alla sesta riunione
   ordinaria le Parti contraenti (Atene, 3-6 ottobre 1989) hanno deciso di
   convocare a riunione il gruppo di lavoro di esperti designati dalle Parti
   contraenti, per esaminare e portare a termine il progetto di protocollo "off-
   shore" e per raccomandarne l'adozione ad una conferenza di plenipotenziari da
   tenersi allo scopo in una fase successiva. Il gruppo di esperti si è riunito
   ad Atene dal 7 ali'11 maggio 1990 e dall'8 ali'11 maggio 1991, e al Cairo dal
   4 al 5 ottobre 1991, prima della 7a riunione ordinarla delle Parti contraenti
   (Il Cairo. 8-12 ottobre 1991).
4. Fin dall'inizio la Commissione ha preso parte alle attività del gruppo di
    lavoro incaricato di elaborare il progetto di protocollo.
(1)   Decisione 77/585/CEE, GU L 240 del 19.09.1977.
(2)   Decisione 81/420/CEE, GU L 162 del 19.06.1981.
(3)   Decisione 83/101/CEE, GU L 67 del 12.03.1983.
(4)   Decisione 84/132/CEE, GU L 68 del 10.03.1984.
 ---pagebreak---                                       - 3 -
5. Nel giugno 1989 la Commissione ha presentato al Consiglio una raccomandazione
   di decisione, che la autorizza a partecipare alle negoziazioni relative a
   detto protocollo (doc. SEC(89) 928 def.). In data 4 febbraio 1991 (doc.
   n. 4252/91) ii Consiglio ha autorizzato la Commissione a partecipare, per le
   materie di competenza comunitaria, alle negoziazioni del protocollo "off-
   shore" secondo talune direttive di negoziazione.
6. Il progetto di protocollo, attualmente disponibile, sarà oggetto di una
   negoziazione definitiva nell'ambito della Conferenza di plenipotenziari che
   avrà luogo dal      al      1992. Infatti i punti controversi del testo
   saranno definitivamente affrontati in questa sede.
  Dopo l'adozione della versione definitiva, il protocollo sarà aperto alla
  firma nel corso di detta Conferenza.
7. A questo titolo si chiede al Consiglio di autorizzare il Presidente a
   designare la persona o le persone abilitate a firmare il presente Protocollo,
   a nome della Comunità e con riserva di ulteriori conclusioni.
 ---pagebreak---                                    - 4 -
                    PROPOSTA DI DECISIONE DEL CONSIGLIO
                   relativa alla firma di un protocollo
          sulla protezione del Mar Mediterraneo dall'inquinamento
             risultante dall'esplorazione e dallo sfruttamento
della piattaforma continentale, del fondo marino e degli strati sottostanti
                        (Convenzione di Barcellona)
 ---pagebreak---                                        - 5 -
 IL CONSIGLIO DELLE COMUNITÀ' EUROPEE,
visto II trattato che istituisce la Comunità economica europea,
vista la proposta della Commissione,
considerando che la Comunità è Parte contraente alla Convenzione per la
protezione del Mar Mediterraneo dall'inquinamento (Convenzione di Barcellona) e
ai quattro protocolli ad essa relativi;
considerando che la Commissione ha partecipato, in nome della Comunità e nel
quadro del gruppo di lavoro creato dalle Parti contraenti alla Convenzione di
Barcellona, alle negoziazioni relative all'elaborazione di un protocollo
sull'inquinamento derivante dall'esplorazione e dallo sfruttamento della
piattaforma continentale, del fondo marino e degli strati sottostanti
(protocollo "off-shore");
considerando che i campi di applicazione di detto protocollo sono, almeno in
parte, di competenza comunitaria;
considerando che la Commissione ha informato il Consiglio dell'esito delle
negoziazioni, per permettergli di adottare una posizione definitiva;
considerando che questo protocollo deve essere adottato alla Conferenza di
plenipotenziari che avrà luogo a ... dal ...al ... 1992;
considerando che è opportuno che tale protocollo, con riserva di ulteriore
conclusione, possa essere firmato dalla Comunità;
DECIDE
                                  ARTICOLO UNICO
Il presidente del Consiglio è autorizzato a designare la persona o le persone
abilitate a firmare, in nome della Comunità e in conformità dell'articolo 7
della Convenzione di Barcellona, con riserva di ulteriore conclusione, Il
Protocollo alla Convenzione di Barcellona, relativo alla protezione del Mar
Mediterraneo dall'inquinamento derivante dall'esplorazione e dallo sfruttamento
della piattaforma continentale, del fondo marino e degli strati sottostanti, e a
conferire loro i poteri necessari a tal fine.
                                                       Fatto a Bruxelles, iI
                                                       Per iI Consigi io
                                                        Il presidente
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 4
                        DRAFT PROTOCOL FOR THE PROTECTION OF THE
                MEDITERRANÉE 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 Aprii 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 levels of development between the coastal States, and taking
account of the economie and social imperatives of the developing countries,
        Have agreed as follows:
*
   The representative of Turkey expressed a reservation.
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                                                                                                       page 5
 SECT10N I       -     GENERAL PROVISIONS
 Artide 1        -     DEFINITIONS
 For the purposes of this Protocol:
 (a)      'Convention" means the Convention for the Protection of the Mediterranean Sea against
          PoJlution, adopted at Barcelona on 16 February 1976;
 (b)      "Organizatlon" means the body referred to in article 13 of the Convention;
 (e)      "Resources' means ali minerai resources, whether solid, liquid or gaseous;
(d)       "Activities conceming exploration and/or exploftatlon of the resources in the Protocol Area*
          (hereinafter referred to as "actfvitles") means:
          (0    Activities of scientrfic research conceming 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) Exploftatlon activities:
                       Instailation of a fixed structure for the purpose of recoverìng resources, and activities
                       connected therewfth;
                       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;
(0       "Instailation" means anyfixedorfloatingstructure, and any integrai part thereof, that is engaged
         in activities, including, in particular.
         (i)    Fixed or mobile offshore drilling units;
         (ii)   Fixed orfloatingproduction units including dynamically positioned units;
         (iii)  Offshore Storage facilities including ships used for this purpose;
         (iv)   Offshore loading terminals and transport systems for the extracted produets, such as
                submarine pipelines;
         (v)    Apparatus attached to it and equipment for the reioading, 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 authorìzed by the Party exercising jurisdiction over the area where the
               activities are undertaken (hereinafter referred to as the "Competent State") 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;
(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 descrìption which are intended
        to be abandoned or are abandoned in the Protocol Area and which might cause poli ut io n;
(j)     "Harmful or noxlous substances and materials" means substances and materials of any kind.
        form or descrìption, which might cause pollution, rf introduced into the Protocol Area;
(k)     "Chemical Use Pian" means a pian 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;
        (ili)  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 specrfied
               period;
        (rv)   The area within which the chemical may escape into the marine environment;
(I)     "OH" 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 appendlx 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, urìnals and water-closet scuppers;
        (ii)   Drainage from medicai premises (dispensary, sick bay, etc.) via wash basins, wash tubs
               and scuppers located in such premises;
        (ili)  Other waste waters when mixed with the drainages defined above;
(o)     "Garbage" means ali 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 piace in water courses where, at low tides and in a period of low
        freshwater flow, there is an appreciable increase in salinity due to the presence of sea water.
*    The representative of Turkey expressed a reservation.
                                                .noilGviaafn £ bs-aaeiqxe V9>huT lo sviteJnsaoiqm erIT *
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                                                                                                        page 7
Artide 2         -      GEOGRAPHICAL COVERAGE *
1.       The area to whlch this Protocol applles (referred to In thls 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 or coastal areas of their terrttory.
Article 3        -      GENERAL UNDERTAK1NGS
1.       The Parties shall take, individually or through bilateral or multilateral cooperation, ali appropriate
          measures to prevent, abate, combat and control pollution in the Protocol Area resufting from
         activfties, inter alla by ensuring that the best available technology, 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
          pollution.
SECTIONII -             AUTHORIZATION SYSTEM
Article 4        -      GENERAL PRINCiPLES
1.        Ali activfties in the Protocol Area, including erection on site of installations, shall be subject to
          the prior wrìtten authorization for exploration or expioitation from the competent nationaJ
          authority of the Competent State. Such authorfty, before granting the authorization, should be
          satisfied that the installation has been constructed according to intemational 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 national authorfty.
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 compl'iance
         with the conditions laid down in the authorization and referred to in article 6, paragraph 3, of this
          Protocol.
3.       When considering approvai of the siting of an installation. 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
         following:
*
   The representatfve of Turkey expressed a reservation.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 8
           (a)   A survey concerning the effects of the proposed activities on the environment; the
                 competent national authority may, in the light of the nature, scope, duration and technical
                 methods employed in the activities and of the characteristics of the area require that an
                 environmental impact assessment be prepared in accordance wfth annex IV to this
                 Protocol;
           (b)   The precise defìnition of the geographic areas where the actfvfry is envisaged, inciuding
                 safety zones;
           (e)   Particulars of the professional and technical qualifications of the candidate operator and
                 personnei on the installation, as well as of the composition of the crew;
           (d)   The safety measures as specffìed in article 15;
           (e)   The operator's contingency pian as specffied in article 16;
           (f)   The monitoring procedures as specffied in article 19;
           (g)   The pians for removal of installations as specffied in article 20;
           (h)   Precautions for specially protected areas as specffied in article 21 ;
          (i)    The Insurance or other flnanclal security to cover liabflity as prescribed in article 27,
                 paragraph 2 (b).
2.        The competent national authority may decide, for scientifìc research and expJoration activities,
          to limft the scope of the requirements laid down in paragraph 1 of this article, in the light of the
          nature, scope, duration and technical methods employed in the activities and of the
          characteristics of the area.
Article 6        -     GRANTING OF AUTHORIZATIONS
 1.       The authorizations referred to in article 4 shall be granted only after examination by the
          competent national authority of the Competent State of the requirements listed in article 5 and
          annex IV.
2.        Each authorization shall speerfy the activities and the period of validity of the authorization,
          estabiish 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
          estabiished 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 poli ut io n 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 ali 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 speerfie conditions attached to the authorization.
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                                                                                                     page 9
 SECT10N III -       WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
 Artide 8        -   GENERAL OBUGATION
 Without prejudice to other standards or obligations referred to in this Section, the Parties shaJI impose
 a general obligation upon operators to use the best available, environmentaily effectfve and economicaily
 appropriate technology and to observe intemationally accepted standards regarding wastes as well as
 the use, Storage and dlscharge of harmful or noxious substances and materials, with a view to
 minimizing the risk of pollution.
Artide 9        -    HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
 1.      The use and Storage of Chemicals for the actfvfties should be approved by the competent
         national authority of the Competent State, on the basis of the Chemical Use Pian.
2.       The Competent State may regulate, limrt or prohibft the use of Chemicals for the aclivities in
         accordarle 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 actrvfties is accompanied by a compound description provided by the entity
         producing such substance or material. < The Parties mav reouire a description of the
         substances and materials used to protect the installation. >
4.       The disposai into the Protocol Area of harmful or noxious substances and materials listed in
         annex I to this Protocol is prohibited.
5.       The disposai 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 permft from the competent
         national authority of the Competent State.
6.      The disposai into the Protocol Area of ali other harmful or noxious substances and materials
        which might cause pollution requires a prior general permft from the competent national
        authority of the Competent State.
7.      The permits referred to in paragraphs 5 and 6 above shaJI be issued only after careful
        conskJeratlon of ali the factors set forth in annex III to this Protocol.
Artide 10      -    OIL AND OILY MIXTURES AND DRILUNG FLUIDS
1.      The Parties shall formulate and adopt common standards for the disposai of oil and oily
        mixtures from installations into the Protocol Area:
        (a)    Such common standards shall be formulated in accordance wfth the provisions of annex
              V. A;
        (b)    Such common standards shall not be less restrictfve 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;
        (e)   The Parties shall determine by common agreement which method will be used to analyze
              the oil content.
 ---pagebreak---   UNEP(OCA)/MED WG.30/4
 page 10
          The Parties shall formulate and adopt common standards for the use and disposai of drilling
          fluids and drill cuttings into the Protocol Area. Such common standards shall be formulated in
          accordance wfth the provisions of annex V, B.
          Each Party shall take appropriate measures to enforce the common standards adopted pursuant
          to this artide or to enforce more restrictfve standards that it may nave adopted.
 Artide 11       -     SEWAGE
 1.      The Competent State 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
                 nationai authority at a distance of at least four nautica! miles from the nearest land or fixed
                 fisheries 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 nautica! miles from the
                 nearest land or fixed fisheries installation, leaving the competent state authority to decide
                 on a case by case basis; or
         (e)    The sewage has passed through an approved sewage treatment piant certified by its
                 competent nationai authority.
2.       The Competent State shall impose strider 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 artide 21.
3.       The exceptions referred to in paragraph 1 shall not appiy lf the discharge produces visible
         floatlng sdids or produces colouration, discoiouration or opacity of the surrounding water.
4.       lf the sewage is mixed with wastes and harmful or noxious substances and materials having
         dffferent disposai requirements, the more stringent requirements shall appiy.
Artide 12       -      GARBAGE
1.      The Competent State shall prohibit the disposai into the Protocd Area of the fdlowing produets
         and materials:
         (a)    Ali plastics, induding but not limfted to synthetic ropes, synthetic fishing nets and plastic
                garbage bags;
         (b)    Ali other non bio-degradable garbage, induding paper produets, rags, glass, metal,
                botUes, crockery, dunnage, lining and packing materials.
*    The representatfve of Turkey expressed a reservation.
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                                                                                                   page 11
          Disposai into the Protocol Area of food wastes shall take place as far away as possible from
          land, but in any case not less than twetve nautica! miles from the nearest land. Such wastes
         cannot be disposed of unless they first have gone through a crusher or a grìnder so that they
         can go through a sieve whose openings do not exceed 25 mm.
         If garbage is mixed with other discharges having different disposai or discharge requirements
         the more stringent requirements shall appJy.
Artide 13        -    RECEPTION FACIUTIES. INSTRUCT10NS AND SANCTIONS
The Partles shall ensure that:
 (a)     Operators dispose satisfactorily of ali wastes and harmful or noxious substances and materials
         in designated onshore reception facilities, except as otherwise authorized by the Protocol;
 (b)     Instructions are gfven to ali personnel conceming proper means of disposai;
(e)      Sanctions are imposed in respect of illega! disposate.
Artide 14       -     EXCEPTIONS
 1.      The provisions of this Section shall not apply in case of:
         (a)    Force majeure and in particular for disposate:
                - to save human life,
                - to ensure the safety of installations,
                - in case of damage to the installation or fts equipment,
                on condition that ali reasonable precautions have been taken after the damage is
                discovered or after the disposai has been performed to reduce the negative effeets.
         (b)    The discharge into the sea of substances containing ofl or harmful or noxious substances
                or materials which, subject to the prior approvai of the competent national authority of the
                Competent State, 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.      Disposate carried out in the circumstances referred to in paragraph 1 of this article shall be
        reported immediately to the Organization and, efther 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.
     The representath/e of Turkey expressed a reservation.
 ---pagebreak---   UNEP(OCA)/MED WG.30/4
 page 12
 SECTION IV -           SAFEGUARDS
 Artide 15        -     SAFETY MEASURES
 1.       The Competent State within whose jurisdidion actfvfties are 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 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 fife, preventing
          and combating accidental "pdlution and facil itating prompt response to an emergency, in
          accordance with the best availabie environmentally effectfve and economically appropriate
          techndogy and the provisions of the operator's contingency pian referred to in artide 16.
 3.      The competent national authority of the Competent State shall require a certificate of safety and
         fitness for the purpose (hereinafter referred to as "certificate") Issued by a recognized body to
          be submftted in respect of produdion platforms, mobile offshore drilling unfts, offshore Storage
         facilities, offshore loading systems and pipelines and in respect of such other installations as
          may be spectfìed by the Competent State.
 4.      The Partles shall ensure through inspection that the actfvfties are conducted by the operators
          in accordance with this artide.
 Artide 16       -     CONTINGENCY PLANNING
 1.      Each Party shall endeavour to promote and maintain a pian for combating pollution or other
         adverse effects and for saving human life in the Protocol Area in cases of emergencies resulting
         from actfvities (hereinafter referred to as "national contingency pian"), taking into account the
         Protocd conceming Cooperation in Combating Pollution of the Mediterranean Sea by Oil and
         Other Harmful Substances in Cases of Emergency. The national contingency pian should
         establish and co-ordinate in particular, the equipment, ships, aircraft and manpower prepared
         for operations in cases of emergencies. The Partles should promote bilateral or multiiateral
         cooperation regard ing their national contingency pians.
2.       Each Party shall require operators In charge of installations under its jurisdidion to nave a
         contingency pian to combat accidental pdlution, co-ordlnated with the national contingency pian
         estabfished in accordance with the Protocd conceming Cooperation in Combating Pdlution of
         the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency and
         approved in conformfty wflh the procedures established by the competent national authorfties.
3        The Competent State shall establish national co-ordlnation and direction in accordance with
         annex VII to this Protocd.
Artide 17        - NOTIFICATION
Each Party shall require operators in charge of installations under its jurisdiction to report wfthout delay
to the competent national authority:
(a)     any event on their installation causing or likely to cause pollution in the Protocd Area;
(b)     any observed event at sea causing or likely to cause pollution in the Protocol Area.
     The representatrve of Franco expressed a reservation.
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                                                                                                       page 13
 Artide 18        -    MUTUAL ASSISTANCE IN CASES OF EMERGENCY
  In cases of emergency, a Party requiring assistance in order to prevent. abate or combat pdlution
  resultlng from actfvities may request help from the other Partles, either directly or through the
 Organlzation, 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
 pollution of the Medfterranean Sea by oil and other harmfu! substances in cases of emergency shall
 appiy the pertinent provisions of the said Protocd.
 Artide 19       -     MONITORING
 1.        The operator shall be required to measure or to entrust to a qualffìed entfty, expert in the matter,
           the effects of the adfvfties on the environment in the light of the nature, scope, duratbn and
           technical methods employed in the actfvfties and of the characteristics of the area and to report
           on them periodically or upon request by the competent nationa! authority of the Competent
           State for the purpose of an evaluation by such nationa] authorjty according to a procedure
           estabiished by the Competent State in its authorization system.
 2.       The competent nationa! authority of the Competent State should establish, where appropriate,
          a national monitoring system in order to be in a posftion to survey regularly the installations and
           the Impad of the adfvfties on the environment, so as to ensure that the conditions attached to
          the grant of the authorization are being fulfilled.
Artide 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 guideiines
          and standards adopted by the competent internationai organization. Such removal shall also
          nave due regard to other legitimate uses of the sea, in particular fishing, the protedion 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 actfvfties.
2.        The Competent State shall require the operator to remove abandoned or disused pipelines in
          accordance wfth paragrapfi 1 of this article or to abandon and clean 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 wfth other legitimate uses of the sea or wfth the
          rights and duties of other States. The competent national authority shall ensure that appropriate
          publicity is gfven to the depth, posftion and dimensions of any buried pipeline and that such
          Information is indicated on charts and notffìed to the Organization and other competent
          internationai organizations and the Partles.
3.        The provisions of this article apply also to installations disused or abandoned by any operator
          whose authorization may nave been wfthdrawn or suspended in compliance wfth artide 7.
4.        The Competent State may indicate eventual modifications to be made to the leve! of actfvfties
          and to the measures for the protection of the marine environment which had initially been
          provided for.
*
    The representatfve of Turkey expressed a reservation.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 14
 5.        The Competere State may regulate the cession or transfer of authorized actfvfties to other
           persons.
 6         Where the operator fails to compiy wfth the provisions of this article, the competent national
           authority of the Competent State shall undertake, at the operator's expense, such action or
           actions as may be necessary to remedy the operator*s failure to act.
 Artide 21        -     SPECIALLY PROTECTED AREAS *
 ALTERNATIVE (A):
 For the protection of the areas defìned in artide 3 of the Protocd conceming Mediterranean Specially
 Proteded 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 wfth International law, either indfvidually
or through multilateral or bilateral cooperation, to prevent, abate, combat and contrd pollution arising
from actfvfties in these areas.
In addftion to the measures referred to in the Protocd conceming Specially Protected Areas for the
granting of authorìzation, such measures may indude, Inter alia:
ALTERNATIVE (B):
In addftion to the measures referred to in the Protocd conceming Mediterranean Specially Protected
Areas, the Parties to the present Protocd may take additional measures to protect these areas, induding
Inter alla:
(a)       Special restrictions or conditions when granting authorizations for such areas:
          (i)    The preparation and evaluation of environmental impact assessments;
          (ii)   Special elaboration of provisions in such areas conceming the monitoring, removai of
                 installations and prohibftion of any discharge.
(b)       Intensffied exchange of Information among operators, the competent national authorities, Parties
          and the Organization regarding matters which may affect such areas.
SECTIONV -              COOPERATION
Art»cle_22       -     STUDIES AND RESEARCH PROGRAMMES
In conformity wfth artide 11 of the Convention, the Parties shall, where appropriate, cooperate in
promotlng studies and undertaking programmes of scientific and technological research for the purpose
of developing new methods of:
*
     The representatfve of Turkey expressed a reservation.
 ---pagebreak---                                                                                  UNEP(OCA)/MED WG.30/4
                                                                                                       page 15
 (a)      Carrying out acttvities in a way which minimizes the risk of poilution;
 (b)      Preventing, abating, combating and contrdling poilution, especially in cases of emergency.
 Artide 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)    Establlsh appropriate scientific criteria for the formulation and elaboration of International
                 rules, standards and recommended practices and procedures for achieving the aims of
                 this Protocd;
          (b)    Formulate and elaborate such international rules, standards and recommended practices
                 and procedures;
          (e)    The Parties shall formulate and adopt gukJelines 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
         poiicies. laws and regulations and the harmonization referred to in paragraph 2 of this article.
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 of assistance to devdoping countries, particularly in the flelds of science, law,
         education and technology, in order to prevent, abate, combat and contrd poilution due to
         actfvities in the Protocd Area.
2.       TechnicaJ assistance would indude. in particular, the training of scientific, legai and technical
         personnel, as well as the acquisftion, utilization and production by those countries of appropriate
         equipment on advantageous terms to be agreed upon among the Parties concerned.
Artide 25       -     MUTUAL INFORMATION
The Parties shall inforni one another directly or through the Organization of measures taken, of results
achieved and, if the case arises, of diffìculties encountered in the application of this Protocd.
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 ali measures necessary to ensure that actfvities under their jurisdiction are
         so conducted so as not to cause a poilution beyond the limfts of its jurisdiction.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 16
 2.     A Party wrthin whose jurisdiction actfvitles 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 wrthin the limfts 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 pdlution, it shall immediately notffy other Parties
        which in its opinion are likely to be affected by such damage as well as the Organization and
        provide them wfth timdy information that would enable them, where necessary, to take
        appropriate measures. The Organization shall distribute the information immediately to ali
        rdevant Parties.
 4.     The Parties shall endeavour. in accordance wfth their legai systems and, where appropriate, on
        the basis of an agreement, to grant equa! access to and treatment in admlnistratfve 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 terrftory 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 Protocd.
Artide 27      -     UABIUTY AND COMPENSATION *
 1.     The Parties undertake to cooperate as soon as possible in formulating and adopting appropriate
        procedures for the determination of liabilfty and compensation for damage resulting from the
        actrvrties dealt wfth In this Protocd, in conformity wfth artide 12 of the Convention.
2.      Pending development of such procedures, the Parties:
        (a)    Shail take ali measures necessary to ensure that liabilfty for damage caused by actrvrties
               is imposed on operators, and they shall be required to pay prompt and adequate
               compensation, to be determined on the basis of strici and limited liabilfty
ALTERNATIVE A:
        (b)    Shall take ali measures necessary to ensure that operators shall have and maintain
               Insurance cover or other financial securrty in such an amount, of such type and under
               such terms as the Competent State shall specffy in order to cover the liability under this
               Protocd.
ALTERNATIVE B:
        (b)    May require the operator to cover his responsibility with any insurance or other financial
               securfties.
     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.
 ---pagebreak---                                                                                 UNEP(OCA)/MED WG.30/4
                                                                                                      page 17
  SECTION VI -         FINAL PROVISIONS
 Artide 28        -   APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
  Each Competent State shall appdnt one or more competent national authorfties to:
 (a)       Grant, renew and register the authorizations provided for in Section II of this Protocd;
 (b)       Issue and register the special and general permfts referred to in artide 9 of this Protocd;
 (e)       Issue the permfts referred to in annex V to this Protocol;
 (d)      Approvo the treatment system and certffy the sewage treatment plant referred to in artide 11,
          paragraph 1, of this Protocd;
 (e)      Gfve the prior approvai for exceptionai discharges referred to in artide 14, paragraph 1 (b), of
          this Protocol;
 (0       Carry out the duties regarding safety measures referred to in artide 15, paragraphs 3 and 4, of
          this Protocol;
 (g)      Perforai the functions relating to contingency planning described in artide 16 and annex VII to
          this Protocd;
(h)       Estabiish monitoring procedures as provided in artide 19 of this Protocd;
(i)       Supervise the removaJ operations of the installatlons as provided in artide 20 of this Protocd.
Artide 29        -    TRANSITIONAL MEASURES
Each Party shall elaborate procedures and regulations regarding acth/fties, whether authorized or not,
inftiated before the entry irrto force of this Protocd, to ensure their conformity, as far as practicabJe, wfth
the provisJons of this Protocd.
Artide 30        -    MEETINGS
1.       Ordinary meetings of the Parties shall take place in conjunctlon with ordinar/ meetings of the
         Contrading Parties to the Convention hdd pursuant to artide 14 of the Convention. The Parties
         may ateo hdd extraordinary meetings in accordance with artide 14 of the Convention.
2.       The functions of the meetings of 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;
         (e)    To consider the Information concerning authorizations granted or renewed in accordance
                wfth Section II of this Protocd;
         (d)    To consider the information concerning the permits issued and approvate gfven in
                accordance wfth Section III of this Protocd;
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 18
           (e)   To adopt the gukJdines referred to in article 9, paragraph 2, and artide 23, paragraph 1
                  (e), of this Protocd;
           (f)   To consider the records of the contingency plans and means of intervention in
                 emergencies adopted in accordance with artide 16 of this Protocd;
          (g)    To estabiish crfteria and formulate internationa! rules, standards and recommended
                 practices and procedures in accordance wfth artide 23, paragraph 1, of this Protocd. in
                 whatever forni the Parties may agree;
          (h)    To facilitate the implementation d the pdicies and the achievement of the objectfves
                 referred to in Section V, in particular the harmonization of national laws in accordance wfth
                 artide 23, paragraph 2 of this Protocd;
          (i)    To review progress made in the implementation of artide 27 of this Protocd;
          (j)    To discharge such other functions as may be appropriate for the application of this
                 Protocd.
Article 31       -      RELATIONS WITH THE CONVENTION
 1.       The provisions of the Convention rdating to any Protocd shall apply with respect to this
          Protocd.
2.        The rules of procedure and the financial rules adopted pursuant to article 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 invfted to the
         Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region for the
          Protection of the Mediterranean Sea against Pdlution resulting from Exploration and Exploftation
         of the Sea-bed and fts Subsoil, held at               from       to       . It shall also be open until
         the same dates for signature by the European Economie Community and by any similar regional
         economie grouping of which at least one member is a coastal State of the Protocd Area and
         which exercises competence in fidds covered by this Protocd in conformity wfth artide 24 of
         the Convention.
2.       This Protocd shall be subject to ratffication, acceptance or approvai. Instruments of ratffication,
         acceptance or approvai shall be deposited wfth 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 Economie Community and by any grouping referred to in
         that paragraph.
4.       This Protocd shall enter into force on the thirtieth day fdlowing the date of deposit of at least
         six Instruments of ratification, acceptance or approvai of, or accession to, the Protocd by the
         Parties referred to in paragraph 1 of this article.
 ---pagebreak---                                                                   UNEP(OCA)/MED WG.30/4
                                                                                     page 19
IN WfTNESS WHEREOF the undersigned, being duly authorized by their respectfve
Governments. nave signed this Protocd.
DONE at         on this          in a single copy in the Arabie. English. French and Spanish
languages, the four texts being equaily authoritative.
 ---pagebreak---   UNEP(OCA)/MED WG.30/4
  page 20
                                                    ANNEXI
                       HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED
         The fdlowing substances and materiate and compounds thereof are listed for the purposes of
         artide 9, paragraph 4 of the Protocd. They nave been sderted mainly on the basis of their
         toxicfty, 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
                environmenhV
         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. fuel oiì, oily sludge, used lubricating oils and refìned produds
         7.     Persistent synthetic materiate which.may Boat, sink or remain in suspension and which
                may interfere with any legftimate use of the sea
        8.      Substances having proven carcinogenic, teratogenic or mutagenic properties in or through
               the marine environment
        9.     Radioattive substances. induding their wastes, ff their discharges do not compiy with the
               principles of radiation protection as defined by the competent intemational organizations,
               taking into account the protection of the marine environment
        The present annex does not apply to discharges which contain substances listed in section A
        that are bdow the limfts defined jointly by the Parties and, in rdation to oil, below the limits
        defined in artide 10 of this Protocd.
-/      With the exception of those which are biologically harmless or which are rapkJly converted into
        bidogically harmless substances.
 ---pagebreak---                                                                        UNEP(OCA)/MED WG.30/4
                                                                                            page 21
                                            ANNEX II
                 HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                  THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
                           IS SUBJECT TO A SPECIAL PERMIT
   The fdlowing substances and materiate and compounds thereof nave been selected for the
    purpose of artide 9, paragraph 5 of the Protocd.
    1.   Arsente
   2.    Lead
   3.    Copper
   4.    Zlnc
   5.    Beryilium
   6.    Nickd
   7.    Vanadium
   8     Chromium
   9.    Blocides and their derfvatfves not covered in annex I
    10.  Sdenium
    11.  Antimony
    12.  Mdybdenum
    13.  Tftanium
   14.   Tin
    15.  Barium (other than barìum sulphate)
   16.   Boron
   17.   Uranium
   19.   Cobait
   19.   Thallium
   20.   Tellurium
   21.   Silver
   22.   Cyanides
B. The contrd and strict limitatlon of the discharge of substances referred to in section A must be
   implemented in accordance with annex III.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 22
                                                  ANNEX III
                 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 fdlowing factors:
A.       Characteristics and composition of the waste
         1.    Type and size of waste course (e.g. industriai process);
         2.    Type of waste (origin, average composition);
         3.    Form of waste (sdid, liquid, siudge, siurry, gaseous);
         4.    Total amount (vdume discharged, e.g. per year);
         5.    Discharge pattern (continuous, intermittent, seasonally variable, etc);
         6.    Concentrations wfth respect to major constftuents, substances listed in annex I,
               substances listed in annex II, and other substances as appropriate;
         7.    Physical, Chemical and biochemical propertles for the waste.
B.       Characteristics of waste constituents wìth respect to their harmfulness
         1.    Persistence (physical, chemical, bidogical) in the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in bidogical materiate or sediments;
         4.    Biochemical transformation producing harmful compounds;
         5.    Adverse effects on the oxygen content and balance;
         6.    Susceptibilfty to physical. chemical and biochemical changes and interaction in the aquatic
               environment wfth other sea-water constituents which may produce harmful bidogical or
               other effects on any of the uses listed in section E beiow.
C.       Characteristics of discharge site and receiving marine environment
         1.    Hydrographic, meteordogical, geologica] 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 amenfty areas, spawning, nursery and fìshing areas, shellfish grounds) and
               other discharges;
         3.    Initial dilution achieved at the point of discharge into the receiving marine environment;
 ---pagebreak---                                                                             UNEP(OCA)/MED WG.30/4
                                                                                                page 23
        4.    Dispersion characteristics such as effects of currents, tides and wind on horizontal
              transport and vertical mixing;
        5.    Receiving water characteristics with respect to physical, chemical, bidogical and
              ecdogicai 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 techndogies.
        Potential impairment of marine ecosystem and sea-water uses
        1.    Effects, on human life through pollution impact on:
              (a)    Edible marine organisms;
              (b)    Bathing waters;
            . (c)    Aesthetics.
        2.    Effects on marine ecosystems, in particular living resources, endangered species and
              critical habitats.
       3.     Effects on other legitimate uses of the sea in conformity with international law.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 24
                                                  ANNEX IV
                              ENVIRONMENTAL IMPACT ASSESSMENT
1.   Each Party shall require that the environmental impact assessment contains at least the fdlowing:
     (a)  A descrìption of the geographical boundaries of the area within which the actfvfties are to be
          carried out, induding safety zones where applicable;
     (b)  A descrìption of the inftial state of the environment of the area;
     (e)  An indicatlon of the nature, aims, scope and duratlon of the proposed actfvfties;
     (d) A descrìption of the methods, installations and other means to be used, possible alternatfves
          to such methods and means;
    (e)  A descrìption of the foreseeade dired or indirect short and long-term effects of the proposed
         actfvfties on the environment, induding fauna, flora and the ecological balance;
    (0   A statement setting out the measures proposed for reducing to the minimum the risk of
         damage to the environment from carrying out the proposed actfvfties; in additipn, possible
         alternatfves to such measures;
    (g)  An Indicatlon of the measures to be taken for the protection of the environment from pdlution
         and other adverse effects during and after the proposed activities;
    (h)  A reference to the methoddogy used for the environmental impact assessment;
    (i)  An Indicatlon of whether the environment of any other State is likdy to be affected by the
         proposed actfvfties.
2.  Each Party shall promulgate standards taking into account the international rules, standards and
    recommendcd 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.30/4
                                                                                                    page 25
                                                    ANNEX V
                              OIL AND OILY MIXTURES AND DRILUNG FLUIDS
 The fdlowing provisions shall be prescribed by the Parties in accordance wfth artide 10:
A.    OH and Oilv Mlxtures
       1.     Spilla of high oil content in processing drainage and platform drainage shall be contained.
              dfverted and then treated as part of the product, but the remainder shall be treated to an
              acceptable levd before discharge, in accordance wfth good oilfidd pradice;
      2.      OUy waste and sludges from separatlon processes shall be transported to shore;
      3.      Ali the necessary precautions should be taken to minimize losses of oil into the sea from oil
              cdlected or flared from well testing;
      4.      Ali the necessary precautions should be taken to ensure that any gas resulting from oil
              actfvities should be flared or used in an appropriate manner.
B.    Prillino Fluids and Drill Cuttinas
       1.     Water-based drillingfluidsand drill cuttings are subject to the fdlowing requirements:
              (a) The use and disposai of such drillingfluidsare subject to the Chemical Use Pian and
                    the provisions of artide 9 of this Protocd;
              (b) The disposai of the drill cuttings shall either be made on land or into the sea in an
                    appropriate site or area as specffied by the Competent State.
      2.     09-based drillingfluidsand drill cuttings are subject to the fdlowing requirements:
              (a) Suchfluidsshall only be used ff they are of a suftìciently low toxicity and oniy after the
                    operator has been issued a permit by the competent national authorfty of the Competent
                    State when ft has verffied such low toxicity;
              (b) The disposai into the sea of such drillingfluidsis prohibfted;
              (e) The disposai of the drill cuttings into the sea is oniy permitted on condition that an
                    efficient sdids 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 disposai of such drill cuttings in speciaily protected areas is prohibited;
             (e) In case of production and development drilling, a programmo 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 specffy.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 26
                                                 ANNEXV1
                                            SAFETY MEASURES
The fdlowing provislons shall be prescribed by the Parties in accordance with artide 15:
 (a)  That the installatlon must be safe and fìt 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
      naturai condition, induding, more specffically, maximum wind and wave conditions as established
      by historical weather pattems, earthquake possibilities, sea-bed conditions and stabilfty, and water
     depth;
(b)  That ali phases of the actfvities, induding Storage and transport of recovered resources, must be
      properly prepared, that the whole actfvity must be open to contrd for safety reasons and must be
     conducted in the safest possibie way, and that the operator must apply a monitoring system for
     ali actfvities;
(e)  That the most advanced safety systems must be used and periodicaJly tested in order to minimize
     the dangers of leakages, spillages. accidentaJ discharges. tire, expiosions, 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 installatlon and, where necessary, the established safety zone, must be sufficiently marked
     so as to gfve adequate waming of its presence and suffìcient details for its Identification using
     appropriate and internationally recognized waming signals;
(e)  That in accordance with International maritime practice, the installations must be indicated on
     charts and notffied to those concemed;
(0   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. induding the person responsible for the
     biow-out preventer, must have the qualifìcations required by the Competent State, and that there
     must be permanentiy suffìcient, qualrfied staff present at the installation. Such qualifìcations should
     include, in particular, training, on a continued baste, in safety and environmental matters.
 ---pagebreak---                                                                            UNEP(OCA)/MED WG.30/4
                                                                                              page 27
                                              ANNEX VII
                                         CONTINGENCY PLAN
A. The operatore continqencv dan
    1. Operators are obliged to ensure:
        (a) That the most appropriate alarm system and communication system is avaiiable at the
            installation and that ft te in good working order.
        (b) That the alarm is immediatdy raised on the occurrence of an emergency and that any
            emergency is immediatdy communicated to the competent national authority of the
            Competent State;
       (e) That in co-ordination with the competent national authority of the Competent State,
            receipt of the alarm and appropriate assistance and co-ordination of assistance can be
            organized and supervised without dday;
       (d) That immediate Information about the nature and extent of the emergency is gfven to the
            crew on the installation and to the competent national authority of 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 appropriate materiate and equipment, including
            stand-by boats and aircraft, are avaiiable to put into effect the emergency pian;
       (g) That the most appropriate methods and techniques are known to the specialized crew
            referred to in annex VI, paragraph e, in order to combat leakages, spillages. accidental
            discharges, tire, explosions, blow-outs and any other threat to human fife or the
            environment;
       (h) That the most appropriate methods and techniques are known to the specialized crew
            responsive for reducing and preventing long-term adverse effeets on the environment;
       (i)  That the crew is thoroughly familiar with the operatorte contingency pian, that periodic
            emergency exercises are hdd so that the crew has a thorough working knowledge of the
            equipment and procedures and that each individuai knows exactiy his rde wfthin the pian.
   2. The operator should co-operate, on an instftutional basis, with other operators or entities
       capabie of rendering necessary assistance, so as to ensure that. in cases where the magnitudo
       or nature of an emergency creates a risk for which assistance is or might be required. such
       assistance can be rendered.
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 28
 B.   National co-ordinatlon and direction
 The Competent State shall estabJìsh national co-ordination and direction to ensure, in case of an
 emergency:
 (a)  The co-ordination of the national contingency pian and/or procedures and the operatore
      contingency pian and contrd d the conduci of actions, especiaily in case of signfficant adverse
      effects of the emergency;
 (b)  Direction to the operator to take any action ft may specffy 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 rdief drilling rig, or to prevent the operator from taking any specffied action;
 (e) The co-ordination of actions in the course of preventing. abating or combating pdlution or in
      preparation for further adion for that purpose within the national jurisdiction wrth such actions
      undertaken within the jurisdiction of other States or by internationai organizations;
(d)  Cdlectlon and ready availabilfty of ali necessary informatlon concerning the existing actfvfties;
(e)  The provision of an up-to-date list of the persons and entfties to be alerted and informed about an
     emergency, its devdopment and the measures taken;
(0   The collection of ai! necessary Information concerning the extent and means of combating
     contingencies, and the dissemination of this Information to interested Parties;
(g)  The co-ordination and supervision of the assistance referred to in part A above, in co-operation
     with the operator;
(h)  The organization and ff necessary, the co-ordination of specffied actions induding intervention by
     technical experts and trained personnd with the necessary equlpment and materiate.
(i)  Immediate communication to the competent national authorfties of other Parties which might be
     affected by a contingency to enable them to take appropriate measures where necessary,
0)   The provision of technical assistance to other Parties, if necessary;
(k)  Immediate communication to the competent Internationa! organizations with a view to avoiding
     danger to shipping and other interests.
 ---pagebreak---                                                                      UNEP(OCA)/MED WG.30/4
                                                                                   page 29
                                                 APPENDIX
                 Ust of Oils *
                Asphalt solutions
                Blending Stocks
                Roofers Rux
                Straight Run Residue
                Oils
                Clarified
                Crude Oil
                Mixtures containing crude oil
                Diesel Oil
                Fuel Oil No. 4
                Fuel Oil No. 5
                Fud Oil No. 6
                Residual Fud Oil
                Road Oil
                Transformer Oil
                Aromatic Oil (exduding vegetable oil)
                Lubricating Oils and Blending Stocks
                Mineral Oil
                Motor Oil
                Penetrating Oil
               Spindle Oil
               Turbine Oil
               Distillates
               Straight Run
               Rashed Feed Stocks
               Gas Oil
               Cracked
               Jet Fuels
               JP-1 (Kerosene)
               JP-3
               JP-4
               JP-5 (Kerosene, Heavy)
               Turbo Fud
               Kerosene
               Mineral Spirit
The list of oils should not necessarily be considered as exhaustive.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 30
              Naphtha
              Sdvent
              Petrdeum
              Heartcut Distillate Oil
              Gasoline Blendinq Stocks
              Alkyiates - fud
              Reformates
              Pdymer - fud
              Gasolines
              Casinghead (naturai)
              Automotive
              Aviation
              Straight Run
              Fud Oil No. 1 (Kerosene)
              Fud Oil No. 1-D
              Fud Oil No. 2
              Fud Oil No. 2-D
 ---pagebreak---                                                                      ISSN 0254-1505
                                                               COM(92)169def.
                                                           DOCUMENTI
IT                                                                              14
                                          N. di catalogo : CB-CO-92-185-IT-C
                                                             ISBN 92-77-43657-3
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