CELEX: 51993PC0285
Language: en
Date: 1993-07-05
Title: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Community, of the Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki Convention, as revised in 1992)

COMMISSION O F THE EUROPEAN COMVTUNITIES
                                        C0M(93)   285final
                                         Brussels,  5 JuI y 1993
                         Proposal for a
                        COUNCIL DECISION
         on the conclusion, on behalf of the Community,
           of the Convention on the Protection of the
            Marine Environment of the Baltic Sea Area
            (Helsinki Convention, as revised in 1992)
                 (presented by the Commission)
 ---pagebreak---                                      - 2 -
                 MEMORANDUM TO THE MEMBERS OF THE COMMISSION
1. On 24 September 1992 in Helsinki (Finland), in accordance with the
   Council Decision of 18 March 1992, the Community signed the Convention on
   the Protection of the Marine Environment of the Baltic Sea Area (Helsinki
   Convention, as revised in 1992).
2. In accordance with Article 36 of the Convention, the latter will enter
   into force two months after the deposit of the instruments of
   ratification or approval by all signatory States bordering the Baltic Sea
   and by the European Economic Community.
3. The Convention on the Protection of the Marine Environment of the Baltic
   Sea Area signed in Helsinki on 22 March 1974, which entered into force on
   3 May 1980, will expire upon the entry into force of the new Convention.
4. The two Member States which are also Baltic countries (Germany and
   Denmark) and the Community have already signed the Convention and must
   now approve and ratify it respectively, in line with their
   responsibilities in the areas covered by the Convention.
5. When depositing its instrument  of ratification, approval or accession
   each Party must, in accordance  with Article 1 of the Helsinki Convention
   as revised in 1992, inform the  Depositary Government of the designation
   of its internal waters for the  purpose of the Convention.
6. Since the proposal for a Decision is based on Article 130s of the Treaty,
   the Parliament and the Economic and Social Committee must be consulted.
7. In conclusion, the Commission is requested to:
   (a)  approve the attached proposal for a Council Decision:
        - concluding the abovementioned international Convention on behalf
          of the Community;
        - laying down the detailed arrangements for depositing the
          instrument of approval.
   (b)  send the proposal to the Council.
 ---pagebreak---                                     - 3 -
                           EXPLANATORY MEMORANDUM
1. The Convention on the Protection of the Marine Environment of the Baltic
   Sea Area (Helsinki Convention, 1974) entered into force on 3 May 1980 for
   seven States bordering the Baltic Sea (Federal Republic of Germany,
   Kingdom of Denmark, Republic of Poland, Kingdom of Sweden, Republic of
   Finland, German Democratic Republic and the Union of Soviet Socialist
   Republics).
2. On 21 June 1977 the Council authorized the Commission to open
   negotiations on the accession of the Community to the Helsinki
   Convention, considering that the Convention covered areas in which the
   Community had jurisdiction, including legislation on waters.
   In October 1977 one of the Contracting Parties to the Convention, not a
   Member State of the Community, opposed the opening of negotiations.
   Despite efforts by the Commission, no significant progress was achieved.
   Positive political developments have since allowed negotiations to be
   reopened, and these have resulted in a revision of the Convention which
   will enable the Community to accede.
3. In the meantime, negotiations have begun on the conclusion of a new
   Convention on the Protection of the Marine Environment in the Baltic Sea
   Area to replace the 1974 Convention.
   On 24 September 1992, pursuant to the Council Decision of 18 March 1992,
   the Community signed the Convention on the Protection of the Marine
   Environment in the Baltic Sea Area (Helsinki Convention, as revised in
   1992), which was also open for signature by other countries such as the
   Czech and Slovak Federal Republic (at present Czech Republic and Slovak
   Republic), the Republic of Estonia, the Republic of Latvia, the Republic
   of Lithuania, the Kingdom of Norway, the Russian Federation and the
   Ukraine.
4. The essential aim of the Convention is to organize close regional
   cooperation on the ecological rehabilitation of the Baltic Sea, leading
   to the self-regeneration of its marine environment and the preservation
   of its ecological balance.
   The fields in which the Convention is applicable fall at least in part
   within the Community's Jurisdiction on water matters, for which there is
   an abundance of legislation.
   In accordance with the Court's findings in AETR (Case 22/70 Commission v
   Council [1971] ECR 263), the Community has the power to conclude such a
   Convention. Besides, the Member States alone are not able to meet all the
   obligations deriving from the Convention.
 ---pagebreak---                                     -3a-
5. The Convention on the Protection of the Marine Environment of the Baltic
   Sea Area, signed in Helsinki on 22 March 1974, entered into force on
   3 May 1980 and will expire upon the entry into force of the present
   Convention.
6. The designation of internal waters in accordance with Article 1 of the
   Helsinki Convention as revised in 1992 is a matter for the Member States
   concerned and falls within the scope of international law, this being a
   question of the demarcation of sovereign areas.
7. Since the measures laid down by the Convention are instruments of
   environment policy, the Council Decision must have Article 130s of the
   EEC Treaty as its legal basis.
 ---pagebreak---                                     - 4 -
PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION, ON BEHALF OF THE
COMMUNITY, OF THE CONVENTION ON THE PROTECTION OF THE MARINE ENVIRONMENT OF
THE BALTIC SEA AREA, THE HELSINKI CONVENTION AS REVISED IN 1992
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 130s thereof,
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Having regard to the opinion of the Economic and Social Committee,3
Whereas the Commission, on behalf of the Community, took part in the
negotiations on the drafting of the Helsinki Convention as revised in 1992;
Whereas that Convention was signed on behalf of the Community on
24 September 1992;
Whereas that Convention establishes a framework for regional cooperation to
ensure the ecological rehabilitation of the Baltic Sea with a view to the
self-regeneration of its marine environment and the preservation of its
ecological balance;
Whereas the Community has adopted measures in the area covered by the
Convention and should act at international level in that area;
Whereas Community policy on the environment contributes to the pursuit of
the objectives of preserving, protecting and improving the quality of the
environment, protecting human health and the prudent and rational
utilization of natural resources;
Whereas Community policy on the environment aims at a high level of
protection; whereas it is based on the precautionary principle and on the
principles that preventive action should be taken, that environmental damage
should as a priority be rectified at source and that the polluter should
pay;
Whereas, within the framework of their respective responsibilities, the
Community and the Member States cooperate with third countries and with
competent international organizations;
Whereas the conclusion of the Convention by the Community will help attain
the objectives set out in Article 130r of the Treaty,
1  OJ
2  OJ
3  OJ
 ---pagebreak--- HAS ADOPTED THIS DECISION:
                                  Article 1
The Convention on the Protection of the Marine Environment of the Baltic Sea
Area (Helsinki Convention, as revised in 1992), signed in Helsinki (Finland)
on 24 September 1992, is hereby approved on behalf of the European Economic
Community.
The text of the Convention is given in the Annex to this Decision.
                                  Article 2
The President of the Council shall deposit the instrument of approval with
the Finnish Government in accordance with Article 38 of the Convention.
Done at          ,                       For the Council
 ---pagebreak---  ---pagebreak---                   Convention on the Protection of the Marine
                   Environment of the Baltic Sea Area, 1992
   THE CONTRACTING PARTIES,
   CONSCIOUS of the indispensable values of the marine environment of the Baltic Sea Area,
   its exceptional hydrographie and ecological characteristics and the sensitivity of its living
   resources to changes in the environment;
   BEARING in mind the historical and present economic, social and cultural values of the
   Baltic Sea Area for the well-being and development of the peoples of that region;
   NOTING with deep concern the still ongoing pollution of the Baltic Sea Area;
   DECLARING their firm determination to assure the ecological restoration of the Baltic Sea,
   ensuring the possibility of self-regeneration of the marine environment and preservation of its
   ecological balance;
   RECOGNIZING that the protection and enhancement of the marine environment of the Baltic
   Sea Area are tasks that cannot effectively be accomplished by national efforts alone but by
   close regional co-operation and other appropriate international measures;
   APPRECIATING the achievements in environmental protection within the framework of the
    1974 Convention on the Protection of the Marine Environment of the Baltic Sea Area, and the
   role of the Baltic Marine Environment Protection Commission therein;
   RECALLING the pertinent provisions and principles of the 1972 Declaration of the Stockholm
   Conference on the Human Environment and the 1975 Final Act of the Conference on Security
   and Co-operation in Europe (CSCE);
   DESIRING to enhance co-operation with competent regional organizations such as the
   International Baltic Sea Fishery Commission established by the 1973 Gdansk Convention on
   Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts;
   WELCOMING the Baltic Sea Declaration by the Baltic and other interested States, the
   European Economic Community and co-operating international financial institutions assembled
   at Ronneby in 1990, and the Joint Comprehensive Programme aimed at a joint action plan in
   order to restore the Baltic Sea Area to a sound ecological balance;
    CONSCIOUS of the importance of transparency and public awareness as well as the work by
    non-governmental organizations for successful protection of the Baltic Sea Area;
    WELCOMING the improved opportunities for closer co-operation which have been opened by
    the recent political developments in Europe on the basis of peaceful co-operation and mutual
    understanding;
    DETERMINED to embody developments in international environmental policy and
    environmental law into a new Convention to extend, strengthen and modernize the legal
    regime for the protection of the Marine Environment of the Baltic Sea Area;
    HAVE AGREED as follows:
2)
 ---pagebreak--- 1 ---pagebreak---                                             Article 1
                                        Convention Area
This Convention shall apply to the Baltic Sea Area. For the purposes of this Convention the
"Baltic Sea Area" shall be the Baltic Sea and the entrance to the Baltic Sea bounded by the
parallel of the Skaw in the Skagerrak at 57° 44.43*N. It includes the internal waters, i.e., for
the purpose of this Convention waters on the landward side of the base lines from which the
breadth of the territorial sea is measured up to the landward limit according to the designation
by the Contracting Parties.
A Contracting Party shall, at the time of the deposit of the instrument of ratification, approval
or accession inform the Depositary of the designation of its internal waters for the purposes
of this Convention.
                                             Article 2
                                            Definitions
For the purposes of this Convention:
 1.     "Pollution" means introduction by man, directly or indirectly, of substances or energy
into the sea, including estuaries, which are liable to create hazards to human health, to harm
living resources and marine ecosystems, to cause hindrance to legitimate uses of the sea
including fishing, to impair the quality for use of sea water, and to lead to a reduction of
amenities;
2.       "Pollution from land-based sourcesw means pollution of the sea by point or diffuse
 inputs from all sources on land reaching the sea waterborne, airborne or directly from the
coast. It includes pollution from any deliberate disposal under the seabed with access from
 land by tunnel, pipeline or other means;
 3.      "Ship" means a vessel of any type whatsoever operating in the marine environment and
 includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or
 floating platforms;
 4.      a) "Dumping" means:
              i)    any deliberate disposal at sea or into the seabed of wastes or other matter
                    from ships, other man-made structures at sea or aircraft;
             ii)    any deliberate disposal at sea of ships, other man-made structures at sea or
                    aircraft;
         b) "Dumping" does not include:
              i)    the disposal at sea of wastes or other matter incidental to, or derived from
                    the normal operations of ships, other man-made structures at sea or aircraft
                    and their equipment, other than wastes or other matter transported by or to
                    ships, other man-made structures at sea or aircraft, operating for the purpose
                    of disposal of such matter or derived from the treatment of such wastes or
                    other matter on such ships, structures or aircraft;
 ---pagebreak---              ii)    placement of matter for a purpose other than the mere disposal thereof,
                    provided that such placement is not contrary to the aims of the present
                    Convention;
5.      "Incineration" means the deliberate combustion of wastes or other matter at sea for the
purpose of their thermal destruction. Activities incidental to the normal operation of ships or
other man-made structures are excluded from the scope of this definition;
6.      "Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and
refined products;
7.      "Harmful substance" means any substance, which, if introduced into the sea, is liable
to cause pollution;
8.      "Hazardous substance" means any harmful substance which due to its intrinsic
properties is persistent, toxic or liable to bio-accumulate;
9.      "Pollution incident" means an occurrence or series of occurrences having the same
origin, which results or may result in a discharge of oil or other harmful substances and
which poses or may pose a threat to the marine environment of the Baltic Sea or to the
coastline or related interests of one or more Contracting Parties, and which requires
emergency actions or other immediate response;
 10.     "Regional economic integration organization" means any organization constituted by
sovereign states, to which their member states have transferred competence in respect of
matters governed by this Convention, including the competence to enter into international
agreements in respect of these matters;
 11. The "Commission" means the Baltic Marine Environment Protection Commission
referred to in Article 19.
                                             Article 3
                             Fundamental principles and obligations
 1.     The Contracting Parties shall individually or jointly take all appropriate legislative,
administrative or other relevant measures to prevent and eliminate pollution in order to
promote the ecological restoration of the Baltic Sea Area and the preservation of its ecological
balance.
2.      The Contracting Parties shall apply the precautionary principle, i.e., to take preventive
measures when there is reason to assume that substances or energy introduced, directly or
indirectly, into the marine environment may create hazards to human health, harm living
resources and marine ecosystems, damage amenities or interfere with other legitimate uses of
the sea even when there is no conclusive evidence of a causal relationship between inputs and
their alleged effects.
3.       In order to prevent and eliminate pollution of the Baltic Sea Area the Contracting
Parties shall promote the use of Best Environmental Practice and Best Available Technology.
If the reduction of inputs, resulting from the use of Best Environmental Practice and Best
 Available Technology, as described in Annex II, does not lead to environmentally acceptable
 results, additional measures shall be applied.
                                                 4
 ---pagebreak--- 4.      The Contracting Parties shall apply the polluter-pays principle.
5.      The Contracting Parties shall ensure that measurements and calculations of emissions
from point sources to water and air and of inputs from diffuse sources to water and air are
carried out in a scientifically appropriate manner in order to assess the state of the marine
environment of the Baltic Sea Area and ascertain the implementation of this Convention.
6.      The Contracting Parties shall use their best endeavours to ensure that the
implementation of this Convention does not cause transboundary pollution in areas outside the
Baltic Sea Area. Furthermore, the relevant measures shall not lead either to unacceptable
environmental strains on air quality and the atmosphere or on waters, soil and ground water,
to unacceptably harmful or increasing waste disposal, or to increased risks to human health.
                                             Article 4
                                            Application
 1.     This Convention shall apply to the protection of the marine environment of the Baltic
 Sea Area which comprises the water-body and the seabed including their living resources and
 other forms of marine life.
 2.     Without prejudice to its sovereignty each Contracting Party shall implement the
 provisions of this Convention within its territorial sea and its internal waters through its
 national authorities.
 3.     This Convention shall not apply to any warship, naval auxiliary, military aircraft or
 other ship and aircraft owned or operated by a state and used, for the time being, only on
 government non-commercial service.
 However, each Contracting Party shall ensure, by the adoption of appropriate measures not
 impairing the operations or operational capabilities of such ships and aircraft owned or
 operated by it, that such ships and aircraft act in a manner consistent, so far as is reasonable
 and practicable, with this Convention.
                                             Article 5
                                        Harmful substances
 The Contracting Parties undertake to prevent and eliminate pollution of the marine
 environment of the Baltic Sea Area caused by harmful substances from all sources, according
 to the provisions of this Convention and, to this end, to implement the procedures and
 measures of Annex I.
                                             Article 6
                              Principles and obligations concerning
                                pollution from land-based sources
  1.    The Contracting Parties undertake to prevent and eliminate pollution of the Baltic Sea
 Area from land-based sources by using, inter alia. Best Environmental Practice for all sources
 and Best Available Technology for point sources. The relevant measures to this end shall be
 taken by each Contracting Party in the catchment area of the Baltic Sea without prejudice to
 its sovereignty.
                                                f9
 ---pagebreak--- 2.      The Contracting Parties shall implement the procedures and measures set out in
Annex III. To this end they shall, inter alia, as appropriate co-operate in the development and
adoption of specific programmes, guidelines, standards or regulations concerning emissions
and inputs to water and air, environmental quality, and products containing harmful substances
and materials and the use thereof.
3.      Harmful substances from point sources shall not, except in negligible quantities, be
introduced directly or indirectly into the marine environment of the Baltic Sea Area, without
a prior special permit, which may be periodically reviewed, issued by the appropriate national
authority in accordance with the principles contained in Annex III, Regulation 3. The
Contracting Parties shall ensure that authorized emissions to water and air are monitored and
controlled.
4.      If the input from a watercourse, flowing through the territories of two or more
Contracting Parties or forming a boundary between them, is liable to cause pollution of the
marine environment of the Baltic Sea Area, the Contracting Parties concerned shall jointly
and, if possible, in co-operation with a third state interested or concerned, take appropriate
measures in order to prevent and eliminate such pollution.
                                            Article 7
                                Environmental impact assessment
 1.     Whenever an environmental impact assessment of a proposed activity that is likely to
cause a significant adverse impact on the marine environment of the Baltic Sea Area is
required by international law or supra-national regulations applicable to the Contracting Party
of origin, that Contracting Party shall notify the Commission and any Contracting Party which
 may be affected by a transboundary impact on the Baltic Sea Area.
2.      The Contracting Party of origin shall enter into consultations with any Contracting
 Party which is likely to be affected by such transboundary impact, whenever consultations are
required by international law or supra-national regulations applicable to the Contracting Party
of origin.
 3.     Where two or more Contracting Parties share transboundary waters within the
 catchment area of the Baltic Sea, these Parties shall cooperate to ensure that potential impacts
 on the marine environment of the Baltic Sea Area are fully investigated within the
 environmental impact assessment referred to in paragraph 1 of this Article. The Contracting
 Parties concerned shall jointly take appropriate measures in order to prevent and eliminate
 pollution including cumulative deleterious effects.
                                             Article 8
                                Prevention of pollution from ships
 1.      In order to protect the Baltic Sea Area from pollution from ships, the Contracting
 Parties shall take measures as set out in Annex IV.
 2.     The Contracting Parties shall develop and apply uniform requirements for the provision
 of reception facilities for ship-generated wastes, taking into account, inter alia, the special
 needs of passenger ships operating in the Baltic Sea Area.
                                                'H
 ---pagebreak---                                               Article 9
                                           Pleasure craft
The Contracting Parties shall, in addition to implementing those provisions of this Convention
which can appropriately be applied to pleasure craft, take special measures in order to abate
harmful effects on the marine environment of the Baltic Sea Area caused by pleasure craft
activities. The measures shall, inter alia, deal with air pollution, noise and hydrodynamic
effects as well as with adequate reception facilities for wastes from pleasure craft.
                                             Article 10
                                     Prohibition of incineration
1.      The Contracting Parties shall prohibit incineration in the Baltic Sea Area.
2.      Each Contracting Party undertakes to ensure compliance with the provisions of this
Article by ships:
        a) registered in its territory or flying its flag;
        b) loading, within its territory or territorial sea, matter which is to be incinerated; or
        c) believed to be engaged in incineration within its internal waters and territorial sea.
3.      In case of suspected incineration the Contracting Parties shall co-operate in
investigating the matter in accordance with Regulation 2 of Annex IV.
                                              Article 11
                                       Prevention of dumping
 1.     The Contracting Parties shall, subject to exemptions set forth in paragraphs 2 and 4 of
this Article, prohibit dumping in the Baltic Sea Area.
2.      Dumping of dredged material shall be subject to a prior special permit issued by the
appropriate national authority in accordance with the provisions of Annex V.
3.      Each Contracting Party undertakes to ensure compliance with the provisions of this
Article by ships and aircraft:
        a) registered in its territory or flying its flag;
        b) loading, within its territory or territorial sea, matter which is to be dumped; or
        c) believed to be engaged in dumping within its internal waters and territorial sea.
4.      The provisions of this Article shall not apply when the safety of human life or of a ship
or aircraft at sea is threatened by the complete destruction or total loss of the ship or aircraft,
or in any case which constitutes a danger to human life, if dumping appears to be the only
 way of averting the threat and if there is every probability that the damage consequent upon
 such dumping will be less than would otherwise occur. Such dumping shall be so conducted
as to minimize the likelihood of damage to human or marine life.
                                                 Ai
 ---pagebreak--- 5.      Dumping made under the provisions of paragraph 4 of this Article shall be reported and
dealt with in accordance with Annex VII and shall be reported forthwith to the Commission
in accordance with the provisions of Regulation 4 of Annex V.
6.      In case of dumping suspected to be in contravention of the provisions of this Article the
Contracting Parties shall co-operate in investigating the matter in accordance with Regulation
2 of Annex IV.
                                            Article 12
                        Exploration and exploitation of the seabed and its
                                              subsoil
 1.     Each Contracting Party shall take all measures in order to prevent pollution of the
 marine environment of the Baltic Sea Area resulting from exploration or exploitation of its
part of the seabed and the subsoil thereof or from any associated activities thereon as well as
 to ensure that adequate preparedness is maintained for immediate response actions against
pollution incidents caused by such activities.
 2.      In order to prevent and eliminate pollution from such activities the Contracting Parties
 undertake to implement the procedures and measures set out in Annex VI, as far as they are
 applicable.
                                            Article 13
                       Notification and consultation on pollution incidents
  1.     Whenever a pollution incident in the territory of a Contracting Party is likely to cause
 pollution to the marine environment of the Baltic Sea Area outside its territory and adjacent
 maritime area in which it exercises sovereign rights and jurisdiction according to international
 law, this Contracting Party shall notify without delay such Contracting Parties whose interests
 are affected or likely to be affected.
 2.      Whenever deemed necessary by the Contracting Parties referred to in paragraph 1,
 consultations should take place with a view to preventing, reducing and controlling such
 pollution.
 3.      Paragraphs 1 and 2 shall also apply in cases where a Contracting Party has sustained
 such pollution from the territory of a third state.
                                            Article 14
                           Co-operation in combatting marine pollution
 The Contracting Parties shall individually and jointly take, as set out in Annex VII, all
 appropriate measures to maintain adequate ability and to respond to pollution incidents in
 order to eliminate or minimize the consequences of these incidents to the marine environment
 of the Baltic Sea Area.
                                           Article 15
                               Nature conservation and biodiversity
 The Contracting Parties shall individually and jointly take all appropriate measures with
  respect to the Baltic Sea Area and its coastal ecosystems influenced by the Baltic Sea to
                                                •73
 ---pagebreak---    conserve natural habitats and biological diversity and to protect ecological processes. Such
   measures shall also be taken in order to ensure the sustainable use of natural resources within
   the Baltic Sea Area. To this end, the Contracting Parties shall aim at adopting subsequent
   instruments containing appropriate guidelines and criteria.
                                              Article 16
                                Reporting and exchange of information
    1.     The Contracting Parties shall report to the Commission at regular intervals on:
           a) the legal, regulatory, or other measures taken for the implementation of the
               provisions of this Convention, of its Annexes and of recommendations adopted
               thereunder;
           b) the effectiveness of the measures taken to implement the provisions referred to in
               sub-paragraph a) of this paragraph; and
           c) problems encountered in the implementation of the provisions referred to in sub-
               paragraph a) of this paragraph.
    2.      On the request of a Contracting Party or of the Commission, the Contracting Parties
    shall provide information on discharge permits, emission data or data on environmental
    quality, as far as available.
                                               Article 17
                                       Information to the public
    1.      The Contracting Parties shall ensure that information is made available to the public on
    the condition of the Baltic Sea and the waters in its catchment area, measures taken or
    planned to be taken to prevent and eliminate pollution and the effectiveness of those measures.
    For this purpose, the Contracting Parties shall ensure that the following information is made
    available to the public:
            a) permits issued and the conditions required to be met;
            b) results of water and effluent sampling carried out for the purposes of monitoring
               and assessment, as well as results of checking compliance with water-quality
               objectives or permit conditions; and
            c) water-quality objectives.
    2.      Each Contracting Party shall ensure that this information shall be available to the public
    at all reasonable times and shall provide members of the public with reasonable facilities for
    obtaining, on payment of reasonable charges, copies of entries in its registers.
                                               Article 18
                                       Protection of information
     1.     The provisions of this Convention shall not affect the right or obligation of any
    Contracting Party under its national law and applicable supra-national regulation to protect
3)
 ---pagebreak--- information related to intellectual property including industrial and commercial secrecy or
national security and the confidentiality of personal data.
2.      If a Contracting Party nevertheless decides to supply such protected information to
another Contracting Party, the Party receiving such protected information shall respect the
confidentiality of the information received and the conditions under which it is supplied, and
shall use that information only for the purposes for which it was supplied.
                                           Article 19
                                          Commission
 1.     The Baltic Marine Environment Protection Commission, referred to as "the
Commission", is established for the purposes of this Convention.
2.      The Baltic Marine Environment Protection Commission, established pursuant to the
 Convention on the Protection of the Marine Environment of the Baltic Sea Area of 1974, shall
 be the Commission.
 3.     The chairmanship of the Commission shall be given to each Contracting Party in turn
 in alphabetical order of the names of the Contracting Parties in the English language. The
 Chairman shall serve for a period of two years, and cannot during the period of chairmanship
 serve as a representative of the Contracting Party holding the chairmanship.
 Should the chairman fail to complete his term, the Contracting Party holding the chairmanship
 shall nominate a successor to remain in office until the term of that Contracting Party expires.
 4.     Meetings of the Commission shall be held at least once a year upon convocation by the
 Chairman. Extraordinary meetings shall, upon the request of any Contracting Party endorsed
 by another Contracting Party, be convened by the Chairman to be held as soon as possible,
 however, not later than ninety days after the date of submission of the request.
 5.     Unless otherwise provided under this Convention, the Commission shall take its
 decisions unanimously.
                                           Article 20
                                 The duties of the Commission
  1.    The duties of the Commission shall be:
        a) to keep the implementation of this Convention under continuous observation;
        b) to make recommendations on measures relating to the purposes of this Convention;
        c) to keep under review the contents of this Convention including its Annexes and to
            recommend to the Contracting Parties such amendments to this Convention
            including its Annexes as may be required including changes in the lists of
            substances and materials as well as the adoption of new Annexes;
        d) to define pollution control criteria, objectives for the reduction of pollution, and
            objectives concerning measures, particularly those described in Annex III;
                                               Af
 ---pagebreak---       e) to promote in close co-operation with appropriate governmental bodies, taking into
          consideration sub-paragraph f) of this Article, additional measures to protect the
           marine environment of the Baltic Sea Area and for this purpose:
            i)    to receive, process, summarize and disseminate relevant scientific,
                  technological and statistical information from available sources; and
           ii)    to promote scientific and technological research; and
       f) to seek, when appropriate, the services of competent regional and other international
           organizations to collaborate in scientific and technological research as well as other
           relevant activities pertinent to the objectives of this Convention.
2.     The Commission may assume such other functions as it deems appropriate to further
the purposes of this Convention.
                                             Article 21
                         Administrative provisions for the Commission
1.     The working language of the Commission shall be English.
2.     The Commission shall adopt its Rules of Procedure.
3.     The office of the Commission, known as "the Secretariat", shall be in Helsinki.
4.     The Commission shall appoint an Executive Secretary and make provisions for the
appointment of such other personnel as may be necessary, and determine the duties, terms and
conditions of service of the Executive Secretary.
5.     The Executive Secretary shall be the chief administrative official of the Commission
and shall perform the functions that are necessary for the administration of this Convention,
the work of the Commission and other tasks entrusted to the Executive Secretary by the
Commission and its Rules of Procedure.
                                             Article 22
                             Financial provisions for the Commission
 1.    The Commission shall adopt its Financial Rules.
2.     The Commission shall adopt an annual or biennial budget of proposed expenditures and
consider budget estimates for the fiscal period following thereafter.
3.     The total amount of the budget, including any supplementary budget adopted by the
Commission shall be contributed by the Contracting Parties other than the European Economic
Community, in equal parts, unless unanimously decided otherwise by the Commission.
4.     The European Economic Community shall contribute no more than 2.5% of the
administrative costs to the budget.
5.      Each Contracting Party shall pay the expenses related to the participation in the
Commission of its representatives, experts and advisers.
                                               •16
 ---pagebreak---                                                Article 23
                                              Right to vote
1.      Except as provided for in Paragraph 2 of this Article, each Contracting Party shall have
one vote in the Commission.
2.      The European Economic Community and any other regional economic integration
organization, in matters within their competence, shall exercise their right to vote with a
number of votes equal to the number of their member states which are Contracting Parties to
this Convention. Such organizations shall not exercise their right to vote if their member states
exercise theirs, and vice versa.
                                               Article 24
                             Scientific and technological co-operation
1.      The Contracting Parties undertake directly, or when appropriate through competent
regional or other international organizations, to co-operate in the fields of science, technology
and other research, and to exchange data and other scientific information for the purposes of
this Convention. In order to facilitate research and monitoring activities in the Baltic Sea Area
the Contracting Parties undertake to harmonize their policies with respect to permission
procedures for conducting such activities.
2.      Without prejudice to Article 4, paragraph 2 of this Convention the Contracting Parties
undertake directly, or when appropriate, through competent regional or other international
organizations, to promote studies and to undertake, support or contribute to programmes
aimed at developing methods assessing the nature and extent of pollution, pathways,
exposures, risks and remedies in the Baltic Sea Area. In particular, the Contracting Parties
undertake to develop alternative methods of treatment, disposal and elimination of such matter
and substances that are likely to cause pollution of the marine environment of the Baltic Sea
Area.
3.      Without prejudice to Article 4, Paragraph 2 of this Convention the Contracting Parties
undertake directly, or when appropriate through competent regional or other international
organizations, and, on the basis of the information and data acquired pursuant to paragraphs
 1 and 2 of this Article, to co-operate in developing inter-comparable observation methods, in
performing baseline studies and in establishing complementary or joint programmes for
 monitoring.
 4.      The organization and scope of work connected with the implementation of tasks
 referred to in the preceding paragraphs should primarily be outlined by the Commission.
                                                Article 25
                                       Responsibility for damage
 The Contracting Parties undertake jointly to develop and accept rules concerning responsibility
 for damage resulting from acts or omissions in contravention of this Convention, including,
 inter alia, limits of responsibility, criteria and procedures for the determination of liability and
 available remedies.
                                                  *?
 ---pagebreak---                                             Article 26
                                     Settlement of disputes
1.      In case of a dispute between Contracting Parties as to the interpretation or application
of this Convention, they should seek a solution by negotiation. If the Parties concerned cannot
reach agreement they should seek the good offices of or jointly request mediation by a third
Contracting Party, a qualified international organization or a qualified person.
2.      If the Parties concerned have not been able to resolve their dispute through negotiation
or have been unable to agree on measures as described above, such disputes shall be, upon
common agreement, submitted to an ad hoc arbitration tribunal, to a permanent arbitration
tribunal, or to the International Court of Justice.
                                            Article 27
                                 Safeguard of certain freedoms
Nothing in this Convention shall be construed as infringing upon the freedom of navigation,
fishing, marine scientific research and other legitimate uses of the high seas, as well as upon
the right of innocent passage through the territorial sea.
                                            Article 28
                                        Status of Annexes
The Annexes attached to this Convention form an integral part of this Convention.
                                            Article 29
                                  Relation to other Conventions
The provisions of this Convention shall be without prejudice to the rights and obligations of
the Contracting Parties under existing and future treaties which further and develop the
general principles of the Law of the Sea underlying this Convention and, in particular,
provisions concerning the prevention of pollution of the marine environment.
                                            Article 30
                  Conference for the revision or amendment of the Convention
 A conference for the purpose of a general revision of or an amendment to this Convention
 may be convened with the consent of the Contracting Parties or at the request of the
 Commission.
                                            Article 31
                          Amendments to the Articles of the Convention
 1.      Each Contracting Party may propose amendments to the Articles of this Convention.
 Any such proposed amendment shall be submitted to the Depositary and communicated by it
 to all Contracting Parties, which shall inform the Depositary of either their acceptance or
 rejection of the amendment as soon as possible after receipt of the communication.
 A proposed amendment shall, at the request of a Contracting Party, be considered in the
 Commission. In such a case Article 19 paragraph 4 shall apply. If an amendment is adopted
 by the Commission, the procedure in paragraph 2 of this Article shall apply.
                                               -18
 ---pagebreak--- 2.      The Commission may recommend amendments to the Articles of this Convention. Any
such recommended amendment shall be submitted to the Depositary and communicated by it
to all Contracting Parties, which shall notify the Depositary of either their acceptance or
rejection of the amendment as soon as possible after receipt of the communication.
3.      The amendment shall enter into force ninety days after the Depositary has received
notifications of acceptance of that amendment from all Contracting Parties.
                                          Article 32
                    Amendments to the Annexes and the adoption of Annexes
 1.     Any amendment        to the Annexes proposed by a Contracting Party shall be
communicated to the other Contracting Parties by the Depositary and considered in the
Commission. If adopted by the Commission, the amendment shall be communicated to the
Contracting Parties and recommended for acceptance.
2.      Any amendment to the Annexes recommended by the Commission shall be
communicated to the Contracting Parties by the Depositary and recommended for acceptance.
3.      Such amendment shall be deemed to have been accepted at the end of a period
determined by the Commission unless within that period any one of the Contracting Parties
 has, by written notification to the Depositary, objected to the amendment. The accepted
amendment shall enter into force on a date determined by the Commission.
The period determined by the Commission shall be prolonged for an additional period of six
 months and the date of entry into force of the amendment postponed accordingly, if, in
exceptional cases, any Contracting Party informs the Depositary before the expiration of the
period determined by the Commission that, although it intends to accept the amendment, the
 constitutional requirements for such an acceptance are not yet fulfilled.
 4.     An Annex to this Convention may be adopted in accordance with the provisions of this
 Article.
                                           Article 33
                                          Reservations
 1.     The provisions of this Convention shall not be subject to reservations.
 2.     The provision of paragraph 1 of this Article does not prevent a Contracting Party from
 suspending for a period not exceeding one year the application of an Annex of this
 Convention or part thereof or an amendment thereto after the Annex in question or the
 amendment thereto has entered into force. Any Contracting Party to the 1974 Convention on
 the Protection of the Marine Environment of the Baltic Sea Area, which upon the entry into
 force of this Convention, suspends the application of an Annex or part thereof, shall apply the
 corresponding Annex or part thereof to the 1974 Convention for the period of suspension.
 3.      If after the entry into force of this Convention a Contracting Party invokes the
 provisions of paragraph 2 of this Article it shall inform the other Contracting Parties, at the
 time of the adoption by the Commission of an amendment to an Annex, or a new Annex, of
 those provisions which will be suspended in accordance with paragraph 2 of this Article.
                                              15
 ---pagebreak---                                             Article 34
                                            Signature
This Convention shall be open for signature in Helsinki from 9 April 1992 until 9 October
1992 by States and by the European Economic Community participating in the Diplomatic
Conference on the Protection of the Marine Environment of the Baltic Sea Area held in
Helsinki on 9 April 1992.
                                            Article 35
                              Ratification, approval and accession
1.     This Convention shall be subject to ratification or approval.
2.     This Convention shall, after its entry into force, be open for accession by any other
State or regional economic integration organization interested in fulfilling the aims and
purposes of this Convention, provided that this State or organization is invited by all the
Contracting Parties. In the case of limited competence of a regional economic integration
organization, the terms and conditions of its participation may be agreed upon between the
Commission and the interested organization.
3.      The instruments of ratification, approval or accession shall be deposited with the
Depositary.
4.      The European Economic Community and any other regional economic integration
organization which becomes a Contracting Party to this Convention shall in matters within
their competence, on their own behalf, exercise the rights and fulfill the responsibilities which
this Convention attributes to their member states. In such cases, the member states of these
organizations shall not be entitied to exercise such rights individually.
                                            Article 36
                                         Entry into force
 1.     This Convention shall enter into force two months after the deposit of the instruments
of ratification or approval by all signatory States bordering the Baltic Sea and by the European
Economic Community.
2.      For each State which ratifies or approves this Convention before or after the deposit of
the last instrument of ratification or approval referred to in paragraph 1 of this Article, this
Convention shall enter into force two months after the date of deposit by such State of its
instrument of ratification or approval or on the date of the entry into force of this Convention,
whichever is the latest date.
3.      For each acceding State or regional economic integration organization this Convention
shall enter into force two months after the date of deposit by such State or regional economic
integration organization of its instrument of accession.
4.      Upon entry into force of this Convention the Convention on the Protection of the
Marine Environment of the Baltic Sea Area, signed in Helsinki on 22 March 1974 as
amended, shall cease to apply.
                                                io
 ---pagebreak--- 5.      Notwithstanding paragraph 4 of this Article, amendments to the annexes of the said
Convention adopted by the Contracting Parties to the said Convention between the signing of
this Convention and its entry into force, shall continue to apply until the corresponding
annexes of this Convention have been amended accordingly.
6.      Notwithstanding paragraph 4 of this Article, recommendations and decisions adopted
under the said Convention shall continue to be applicable to the extent that they are
compatible with, or not explicitly terminated by this Convention or any decision adopted
thereunder.
                                            Article 37
                                            Withdrawal
 1.      At any time after the expiry of five years from the date of entry into force of this
 Convention any Contracting Party may, by giving written notification to the Depositary,
 withdraw from this Convention. The withdrawal shall take effect for such Contracting Party
 on the thirtieth day of June of the year which follows the year in which the Depositary was
 notified of the withdrawal.
 2.      In case of notification of withdrawal by a Contracting Party the Depositary shall
 convene a meeting of the Contracting Parties for the purpose of considering the effect of the
 withdrawal.
                                             Article 38
                                            Depositary
 The Government of Finland, acting as Depositary, shall:
         a) notify all Contracting Parties and the Executive Secretary of:
                i)  the signatures;
              ii)   the deposit of any instrument of ratification, approval or accession;
             iii)   any date of entry into force of this Convention;
              iv)   any proposed or recommended amendment to any Article or Annex or the
                    adoption of a new Annex as well as the date on which such amendment or
                    new Annex enters into force;
                v)  any notification, and the date of its receipt, under Articles 31 and 32;
              vi)   any notification of withdrawal and the date on which such withdrawal takes
                    effect;
             vii)   any other act or notification relating to this Convention;
         b) transmit certified copies of this Convention to acceding States and regional
             economic integration organizations.
                                                X
 ---pagebreak---    IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this
   Convention.
   DONE at Helsinki, this ninth day of April one thousand nine hundred and ninety two in a
   single authentic copy in the English language which shall be deposited with the Government
   of Finland. The Government of Finland shall transmit certified copies to all Signatories.
    For the Czech and Slovak Federal Republic
    For the Kingdom of Denmark
    For the Republic of Estonia
    For the Republic of Finland
    For the Federal Republic of Germany
    For the Republic of Latvia
4)
                                                SL
 ---pagebreak--- For the Republic of Lithuania
For the Kingdom of Norway
For the Republic of Poland
For the Russian Federation
For the Kingdom of Sweden
For Ukraine
For the European Economic Community
                                    n
 ---pagebreak---                                           ANNEX I
                                  Harmful substances
PART 1          GENERAL PRINCIPLES
1.0             Introduction
In order to fulfil the requirements of relevant parts of this Convention the following
procedure shall be used by the Contracting Parties in identifying and evaluating harmful
substances, as defined in Article 2, paragraph 7.
1.1             Criteria on the allocation of substances
The identification and evaluation of substances shall be based on the intrinsic properties of
substances, namely:
- persistency;
- toxicity or other noxious properties;
- tendency to bio-accumulation,
as well as on characteristics liable to cause pollution, such as
-   the ratio between observed concentrations and concentrations having no observed effect;
-   anthropogenically caused risk of eutrophication;
-   transboundary or long-range significance;
-  risk of undesirable changes in the marine ecosystem and irreversibility or durability of
    effects;
 -  radioactivity;
 -  serious interference with harvesting of sea-foods or with other legitimate uses of the sea;
-   distribution pattern (i.e. quantities involved, use pattern and liability to reach the marine
    environment);
 -  proven carcinogenic, teratogenic or mutagenic properties in or through the marine
    environment.
These characteristics are not necessarily of equal importance for the identification and
evaluation of a particular substance or group of substances.
                                                VI
 ---pagebreak--- 1.2             Priority groups of harmful substances
The Contracting Parties shall, in their preventive measures, give priority to the following
groups of substances which are generally recognized as harmful substances:
a)     heavy metals and their compounds;
b)     organohalogen compounds;
c)     organic compounds of phosphorus and tin;
d)     pesticides, such as fungicides, herbicides, insecticides, slimicides and chemicals used
       for the preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles;
e)     oils and hydrocarbons of petroleum origin;
f)     other organic compounds especially harmful to the marine environment;
g)     nitrogen and phosphorus compounds;
h) radioactive substances, including wastes;
i)     persistent materials which may float, remain in suspension or sink;
j)     substances which cause serious effects on taste and/or smell of products for human
       consumption from the sea, or effects on taste, smell, colour, transparency or other
       characteristics of the water.
PART 2          BANNED SUBSTANCES
 In order to protect the Baltic Sea Area from hazardous substances, the Contracting Parties
 shall prohibit, totally or partially, the use of the following substances or groups of
 substances in the Baltic Sea Area and its catchment area:
2.1             Substances banned for all final uses, except for drugs
       DDT (l,l,l-trichloro-2,2-bis-(chlorophenyl)-ethane) and its derivatives DDE and
       DDD;
2.2             Substances banned for all uses, except in existing closed system equipment
                until the end of service life or for research, development and analytical
                purposes
 a)    PCB's (polychlorinated biphenyls);
 b)    PCT's (polychlorinated terphenyls).
 2.3            Substances banned for certain applications
 Organotin compounds for antifouling paints for pleasure craft under 25 m and fish net cages.
                                               #
 ---pagebreak--- PART 3         PESTICIDES
In order to protect the Baltic Sea Area from hazardous substances, the Contracting Parties
shall endeavour to minimize and, whenever possible, to ban the use of the following
substances as pesticides in the Baltic Sea Area and its catchment area:
                                                             CAS-number
      Acrylonitrile                                           107131
      Aldrin                                                  309002
      Aramite                                                 140578
      Cadmium-compounds
      Chlordane                                                57749
      Chlordecone                                             143500
      Chlordimeform                                          6164983
      Chloroform                                               67663
      1,2-Dibromoethane                                       106934
      Dieldrin                                                 60571
      Endrin                                                   72208
      Fluoroacetic acid and derivatives                      7664393, 144490
      Heptachlor                                               76448
      Isobenzane                                              297789
      Isodrin                                                 465736
      Kelevan                                                4234791
      Lead-compounds
      Mercury-compounds
      Morfamquat                                             4636833
      Nitrophen                                              1836755
      Pentachlorophenol                                        87865
      Polychlorinated terpenes                               8001501
      Quintozene                                               82688
      Selenium-compounds
      2,4,5-T                                                  93765
      Toxaphene                                              8001352
                                             u
 ---pagebreak--- ^ ---pagebreak---                                      ANNEX II
   Criteria for the use of Best Environmental Practice
                     and Best Available Technology
Regulation 1; General provisions
1.     In accordance with the relevant parts of this Convention the Contracting Parties shall
apply the criteria for Best Environmental Practice and Best Available Technology described
below.
2.     In order to prevent and eliminate pollution the Contracting Parties shall use Best
Environmental Practice for all sources and Best Available Technology for point sources,
minimizing or eliminating inputs to water and air from all sources by providing control
strategies.
Regulation 2; Best Environmental Practice
1.     The term "Best Environmental Practice" is taken to mean the application of the most
appropriate combination of measures. In selecting for individual cases, at least the following
graduated range of measures should be considered:
       provision of information and education to the public and to users about the
       environmental consequences of choosing particular activities and products, their use
       and final disposal;
       the development and application of Codes of Good Environmental Practice covering
       all aspects of activity in the product's life;
        mandatory labels informing the public and users of environmental risks related to a
       product, its use and final disposal;
       availability of collection and disposal systems;
       saving of resources, including energy;
       recycling, recovery and re-use;
       avoiding the use of hazardous substances and products and the generation of hazardous
       waste;
       application of economic instruments to activities, products or groups of products and
       emissions;
       a system of licencing involving a range of restrictions or a ban.
                                             i
 ---pagebreak--- 2.    In determining in general or individual cases what combination of measures constitute
Best Environmental Practice, particular consideration should be given to:
      the precautionary principle;
      the ecological risk associated with the product, its production, use and final disposal;
      avoidance or substitution by less polluting activities or substances;
      scale of use;
      potential environmental benefit or penalty of substitute materials or activities;
      advances and changes in scientific knowledge and understanding;
      time limits for implementation;
      social and economic implications.
Regulation 3; Best Available Technology
1. The term "Best Available Technology" is taken to mean the latest stage of
development (state of the art) of processes, of facilities or of methods of operation which
indicate the practical suitability of a particular measure for limiting discharges.
2.     In determining whether a set of processes, facilities and methods of operation
constitute the Best Available Technology in general or individual cases, special consideration
should be given to:
       comparable processes, facilities or methods of operation which have recently been
       successfully tried out;
       technological advances and changes in scientific knowledge and understanding;
       the economic feasibility of such technology;
       time limits for application;
       the nature and volume of the emissions concerned;
       non-waste/low-waste technology;
       the precautionary principle.
Regulation 4; Future developments
It therefore follows that "Best Environmental Practice" and "Best Available Technology"
will change with time in the light of technological advances and economic and social factors,
as well as changes in scientific knowledge and understanding.
                                            *a
 ---pagebreak---                                      Annex III
                Criteria and measures concerning the
       prevention of pollution from land-based sources
Regulation 1; General provisions
In accordance with the relevant parts of this Convention the Contracting Parties shall apply
the criteria and measures in this Annex in the whole catchment area and take into account
Best Environmental Practice (BEP) and Best Available Technology (BAT) as described in
Annex II.
Regulation 2; Specific requirements
 1.    Municipal sewage water shall be treated at least by biological or other methods
equally effective with regard to reduction of significant parameters. Substantial reduction
shall be introduced for nutrients.
2.     Water management in industrial plants should aim at closed water systems or at a high
rate of circulation in order to avoid waste water wherever possible.
3.     Industrial waste waters should be separately treated before mixing with diluting
waters.
4.     Waste waters containing hazardous substances or other relevant substances shall not
be jointly treated with other waste waters unless an equal reduction of the pollutant load is
achieved compared to the separate purification of each waste water stream. The
improvement of waste water quality shall not lead to a significant increase in the amount of
 harmful sludge.
5.      Limit values for emissions containing harmful substances to water and air shall be
 stated in special permits.
6.      Industrial plants and other point sources connected to municipal treatment plants shall
 use Best Available Technology in order to avoid hazardous substances which cannot be
 made harmless in the municipal sewage treatment plant or which may disturb the processes
 in the plant. In addition, measures according to Best Environmental Practice shall be taken.
                                            3*>
 ---pagebreak--- 7.    Pollution from fish-farming shall be prevented and eliminated by promoting and
implementing Best Environmental Practice and Best Available Technology.
8.    Pollution from diffuse sources, including agriculture, shall be eliminated by promoting
and implementing Best Environmental Practice.
9.    Pesticides used shall comply with the criteria established by the Commission.
Regulation 3; Principles for issuing permits for industrial plants
The Contracting Parties undertake to apply the following principles and procedures when
issuing the permits referred to in Article 6, paragraph 3 of this Convention:
 1.   The operator of the industrial plant shall submit data and information to the
appropriate national authority using a form of application. It is recommended that the
operator negotiates with the appropriate national authority concerning the data required for
the application before submitting the application to the authority (agreement on the scope of
required information and surveys).
At least the following data and information shall be included in the application:
General information
       name, branch, location and number of employees.
 Actual situation and/or planned activities
       site of discharge and/or emission;
       type of production, amount of production and/or processing;
       production processes;
       type and amount of raw materials, agents and/or intermediate products;
       amount and quality of untreated wastewater and raw gas from all relevant sources
       (e.g. process water, cooling water);
       treatment of wastewater and raw gas with respect to type, process and efficiency of
       pretreatment and/or final treatment;
       treated wastewater and raw gas with respect to amount and quality at the outlet of the
       pretreatment and/or final treatment facilities;
       amount and quality of solid and liquid wastes generated during the process and the
       treatment of wastewater and raw gas;
       treatment of solid and liquid wastes;
       information about measures to prevent process failures and accidental spills;
       present status and possible impact on the environment.
 Alternatives and their various impacts concerning, e.g.. ecological, economic and safety
 aspects, if necessary
       other possible production processes;
       other possible raw materials, agents and/or intermediate products;
       other possible treatment technologies.
                                           31
 ---pagebreak--- 2.    The appropriate national authority shall evaluate the present status and potential impact
of the planned activities on the environment.
3.    The appropriate national authority issues the permit after comprehensive assessment
with special consideration of the above mentioned aspects. At least the following shall be
laid down in the permit:
      characterizations of all components (e.g. production capacity) which influence the
      amount and quality of discharge and/or emissions;
      limit values for amount and quality (load and/or concentration) of direct and indirect
      discharges and emissions;
      instructions concerning:
             construction and safety;
             production processes and/or agents;
             operation and maintenance of treatment facilities;
             recovery of materials and substances and waste disposal;
             type and extent of control to be performed by the operator (self-control);
             measures to be taken in case of process failures and accidental spills;
             analytical methods to be used;
             schedule for modernization, retrofitting and investigations done by the operator;
             schedule for reports of the operator on monitoring and/or selfcontrol, retrofitting
             and investigation measures.
4.    The appropriate national authority or an independent institution authorized by the
appropriate national authority shall:
       inspect the amount and quality of discharges and/or emissions by sampling and
       analysing;
       control the attainment of the permit requirements;
       arrange monitoring of the various impacts of wastewater discharges and emissions into
       the atmosphere;
       review the permit when necessary.
                                           -3*,
 ---pagebreak--- 33» ---pagebreak---                                         Annex IV
                      Prevention of pollution from ships
Regulation 1; Co-operation
 The Contracting Parties shall, in matters concerning the protection of the Baltic Sea Area
from pollution by ships, co-operate:
     a)   within the International Maritime Organization, in particular in promoting the
          development of international rules, based, inter alia, on the fundamental principles
          and obligations of this Convention which also includes the promotion of the use of
          Best Available Technology and Best Environmental Practice as defined in Annex II;
     b)   in the effective and harmonized implementation of rules adopted by the International
          Maritime Organization.
Regulation 2; Assistance in investigations
The Contracting Parties shall, without prejudice to Article 4, paragraph 3 of this Convention,
assist each other as appropriate in investigating violations of the existing legislation on anti-
pollution measures, which have occurred or are suspected to have occurred within the Baltic
Sea Area. This assistance may include but is not limited to inspection by the competent
authorities of oil record books, cargo record books, log books and engine log books and
taking oil samples for analytical identification purposes.
Regulation 3; Definitions
For the purposes of this Annex:
 1. "Administration" means the Government of the Contracting Party under whose authority
     the ship is operating. With respect to a ship entitled to fly a flag of any State, the
     Administration is the Government of that State. With respect tofixedor floating platforms
     engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the
     coast over which the coastal State exercises sovereign rights for the purposes of
     exploration and exploitation of their natural resources, the Administration is the
     Government of the coastal State concerned.
                                               W
 ---pagebreak--- 2.  a)     "Discharge", in relation to harmful substances or effluents containing such
           substances, means any release howsoever caused from a ship and includes any
          escape, disposal, spilling, leaking, pumping, emitting or emptying;
     b)    "Discharge" does not include:
             i)  dumping within the meaning of the Convention on the Prevention of Marine
                 Pollution by Dumping of Wastes and Other Matter done at London on 29
                 December 1972; or
            ii)  release of harmful substances directly arising from the exploration, exploitation
                 and associated off-shore processing of sea-bed mineral resources; or
           iii)  release of harmful substances for purposes of legitimate scientific research into
                 pollution abatement or control.
3. The term "from the nearest land" means from the baseline from which the territorial sea
of the territory in question is established in accordance with international law.
4. The term "jurisdiction" shall be interpreted in accordance with international law in force
at the time of application or interpretation of this Annex.
5. The term "MARPOL 73/78" means the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto.
Regulation 4; Application of the Annexes of MARPOL 73/78
Subject to Regulation 5 the Contracting Parties shall apply the provisions of the Annexes of
MARPOL 73/78.
Regulation 5; Sewage
The Contracting Parties shall apply the provisions of paragraphs A to D and F and G of this
 Regulation on discharge of sewage from ships while operating in the Baltic Sea Area.
      A.    Definitions
      I or the purposes of this Regulation:
            1.    "Sewage" means:
                 a)     drainage and other wastes from any form of toilets, urinals, and WC
                        scuppers;
                  b)    drainage from medical premises (dispensary, sick bay, etc.) via wash
                        basins, wash tubs and scuppers located in such premises;
                  c)    drainage from spaces containing living animals; or
 ---pagebreak---           d)     other waste waters when mixed with the drainages defined above.
    2.    "Holding tank" means a tank used for the collection and storage of sewage.
B. Application
The provisions of this Regulation shall apply to:
    a)     ships of 200 tons gross tonnage and above;
    b)     ships of less than 200 tons gross tonnage which are certified to carry more than
           10 persons;
    c)     ships which do not have a measured gross tonnage and are certified to carry
           more than 10 persons.
C. Discharge of sewage
     1.    Subject to the provisions of paragraph D of this Regulation, the discharge of
           sewage into the sea is prohibited, except when:
           a)     the ship is discharging comminuted and disinfected sewage using a
                  system approved by the Administration at a distance of more than 4
                  nautical miles from the nearest land, or sewage which is not comminuted
                 or disinfected at a distance of more than 12 nautical miles from the
                  nearest land, provided that in any case the sewage that has been stored
                  in holding tanks shall not be discharged instantaneously but at a moderate
                  rate when the ship is en route and proceeding at not less than 4 knots;
                  or
           b)     the ship has in operation a sewage treatment plant which has been
                  approved by the Administration, and
                    i)   the test results of the plant are laid down in a document carried by
                         the ship;
                   ii)   additionally, the effluent shall not produce visible floating solids
                         in, nor cause discolouration of the surrounding water.
     2.    When the sewage is mixed with wastes or waste water having different
           discharge requirements, the more stringent requirements shall apply.
D. Exceptions
Paragraph C of this Regulation shall not apply to:
     a)    the discharge of sewage from a ship necessary for the purpose of securing the
           safety of a ship and those on board or saving life at sea; or
                                            U
 ---pagebreak---          b)     the discharge of sewage resulting from damage to a ship or its equipment if all
                reasonable precautions have been taken before and after the occurrence of the
                damage for the purpose of preventing or minimizing the discharge.
    E.   Reception facilities
         1.     Each Contracting Party undertakes to ensure the provision of facilities at its
                ports and terminals of the Baltic Sea Area for the reception of sewage, without
                causing undue delay to ships, adequate to meet the needs of the ships using
                them.
         2.     To enable pipes of reception facilities to be connected with the ship's discharge
                pipeline, both lines shall be fitted with a standard discharge connection in
                accordance with the following table:
   STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS
         Description                                Dimension
         Outside diameter                           210 mm
          Inner diameter                            According to pipe outside diameter
          Bolt circle diameter                       170 mm
          Slots in flange                           4 holes 18 mm in diameter equi-
                                                    distantly placed on a bolt circle
                                                    of the above diameter, slotted to
                                                    the flange periphery. The slot
                                                    width to be 18 mm
          Flange thickness                           16 mm
          Bolts and nuts:                           4, each of 16 mm in diameter
          quantity and diameter                     and of suitable length
 The flange is designed to accept pipes up to a maximum internal diameter of 100 mm
 and shall be of steel or other equivalent material having a flat face. This flange,
 together with a suitable gasket, shall be suitable for a service pressure of 6 kg/ cm2.
For ships having a moulded depth of 5 meters and less, the inner diameter of the discharge
connection may be 38 millimetres.
                                               *t
 ---pagebreak--- F. Surveys
   1.   Ships which are engaged in international voyages in the Baltic Sea Area shall
        be subject to surveys as specified below:
        a)     An initial survey before the ship is put into service or before the
               Certificate required under paragraph G of this Regulation is issued for
               the first time including a survey of the ship which shall be such as to
               ensure that:
                  i)        when the ship is equipped with a sewage treatment plant the
                            plant shall meet operational requirements based on the
                            standards and test methods recommended by the Commission
                            and shall be approved by the Administration;
                 ii)        when the ship is fitted with a system to comminute and
                            disinfect the sewage, such system shall meet operational
                            requirements based on the standards and test methods
                            recommended by the Commission and shall be approved by
                            the Administration;
                iii)        when the ship is equipped with a holding tank the capacity of
                            such tank shall be to the satisfaction of the Administration for
                            the retention of all sewage, having regard to the operation of
                            the ship, the number of persons on board and other relevant
                            factors. The holding tank shall meet operational requirements
                            based on the standards and test methods recommended by the
                            Commission and shall be approved by the Administration; and
                 iv)        the ship is equipped with a pipeline to discharge sewage to a
                            reception facility. The pipeline should be fitted with a standard
                            shore connection in accordance with paragraph E, or for ships
                            in dedicated trades, alternatively with other standards which
                            can be accepted by the Administration such as quick
                            connection couplings.
        This survey shall be such as to ensure that equipment, fittings, arrangements
        and materials fully comply with the applicable requirements of this Regulation.
        The Administration shall recognize the "Certificate of Type Test" for sewage
        treatment plants issued under the authority of other Contracting Parties.
        b)      Periodical surveys at intervals specified by the Administration but not
                exceeding five years which shall be such as to ensure that the equipment,
                fittings, arrangements and materials fully comply with the applicable
                requirements of this Regulation.
   2.   Surveys of the ship as regards enforcement of the provisions of this Regulation
         shall be carried out by officers of the Administration. The Administration may,
 ---pagebreak---          however, entrust the surveys either to surveyors nominated for the purpose or
         to organizations recognized by it. In every case the Administration concerned
         fully guarantees the completeness and efficiency of the surveys.
   3.    After any survey of the ship has been completed, no significant change shall
         be made in the equipment, fittings, arrangements, or material covered by the
         survey without the approval of the Administration, except the direct
         replacement of such equipment or fittings.
G. Certificate
   1.    A Sewage Pollution Prevention Certificate shall be issued to ships certified to
         carry more than 50 persons which are engaged in international voyages in the
         Baltic Sea Area, after survey in accordance with the provisions of paragraph
         F of this Regulation.
   2.    Such Certificate shall be issued either by the Administration or by any person
         or organization duly authorized by it. In every case the Administration assumes
         full responsibility for the Certificate.
   3.    The Sewage Prevention Certificate shall be drawn up in a form corresponding
         to the model given in the appendix to Annex IV of MARPOL 73/78. If the
         language is not English, the text shall include a translation into English.
   4.    A Sewage Pollution Prevention Certificate shall be issued for a period certified
         by the Administration, which shall not exceed five years.
   5.    A Certificate shall cease to be valid if significant alterations have taken place
         in the equipment, fittings, arrangements or materials required without the
         approval of the Administration except the direct replacement of such equipment
         or fittings.
                                        45
 ---pagebreak---                                           Annex V
 Exemptions from the general prohibition of dumping of waste
                    and other matter in the Baltic Sea Area
Regulation 1
In accordance with Article 11, paragraph 2 of this Convention the prohibition of dumping shall
not apply to the disposal at sea of dredged materials provided that:
    a)    the dumping of dredged material containing harmful substances indicated in Annex I
          is only permitted according to the guidelines adopted by the Commission; and
     b)   the dumping is carried out under a prior special permit issued by the appropriate
          national authority, either
           i)   within the area of internal waters and the territorial sea of the Contracting Party;
                or
          ii)    outside the area of internal waters and the territorial sea, whenever necessary,
                 after prior consultations in the Commission.
When issuing such permits the Contracting Party shall comply with the provisions in Regulation
3 of this Annex.
Regulation 2
 1. The appropriate national authority referred to in Article 11, paragraph 2 of of this
     Convention shall:
     a)   issue the special permits provided for in Regulation 1 of this Annex;
     b)   keep records of the nature and quantities of matter permitted to be dumped and the
          location, time and method of dumping;
     c)   collect available information concerning the nature and quantities of matter that has
          been dumped in the Baltic Sea Area recently and up to the coming into force of this
          Convention, provided that the dumped matter in question could be liable to
          contaminate water or organisms in the Baltic Sea Area, to be caught by fishing
          equipment, or otherwise to give rise to harm, and information concerning the location,
          time and method of such dumping.
 ---pagebreak--- 2.  The appropriate national authority shall issue special permits in accordance with Regulation
     I of this Annex in respect of matter intended for dumping in the Baltic Sea Area:
    a)    loaded in its territory;
    b)    loaded by a ship or aircraft registered in its territory or flying its flag, when the
          loading occurs in the territory of a State which is not a Contracting Party to this
          Convention.
3.  Each Contracting Party shall report to the Commission, and where appropriate to other
    Contracting Parties, the information specified in sub-paragraph 1 c) of Regulation 2 of this
    Annex. The procedure to be followed and the nature of such reports shall be determined by
    the Commission.
Regulation 3
When issuing special permits according to Regulation 1 of this Annex the appropriate national
authority shall take into account:
    a)    the quantity of dredged material to be dumped;
    b)    the content of harmful substances as referred to in Annex I;
    c)    the location (e.g. co-ordinates of the dumping area, depth and distance from the coast)
          and its relation to areas of special interest (e.g. amenity areas, spawning, nursery and
           fishing areas, etc.);
     d)   the water characteristics, if dumping is carried out outside the territorial sea, consisting
          of:
              i)  hydrographie properties (e.g. temperature, salinity, density, profile);
            ii)   chemical properties (e.g. pH, dissolved oxygen, nutrients);
           iii)   biological properties (e.g. primary production and benthic animals);
           the data should include sufficient information on the annual mean levels and seasonal
           variation of the properties mentioned in this paragraph; and
     e)    the existence and effects of other dumping which may have been carried out in the
           dumping area.
Regulation 4
Reports made in accordance with Article 11, paragraph 5 of this Convention shall include the
information to be provided in the Reporting Form to be determined by the Commission.
                                                 44
 ---pagebreak---                                      ANNEX VI
          Prevention of pollution from offshore activities
Regulation 1; Definitions
For the purposes of this Annex:
1. "Offshore activity" means any exploration and exploitation of oil and gas by a fixed or
floating offshore installation or structure including all associated activities thereon;
2. "Offshore unit" means any fixed or floating offshore installation or structure engaged in
gas or oil exploration, exploitation or production activities, or loading or unloading of oil;
3. "Exploration" includes any drilling activity but not seismic investigations;
4. "Exploitation" includes any production, well testing or stimulation activity.
Regulation 2; Use of Best Available Technology and Best Environmental Practice
The Contracting Parties undertake to prevent and eliminate pollution from offshore activities
by using the principles of Best Available Technology and Best Environmental Practice as
defined in Annex II.
Regulation 3; Environmental impact assessment and monitoring
 1. An environmental impact assessment shall be made before an offshore activity is permitted
to start. In case of exploitation referred to in Regulation 5 the outcome of this assessment
shall be notified to the Commission before the offshore activity is permitted to start.
2. In connection with the environmental impact assessment the environmental sensitivity of
the sea area around a proposed offshore unit should be assessed with respect to the following:
     a) the importance of the area for birds and marine mammals;
     b) the importance of the area as fishing or spawning grounds for fish and shellfish, and
         for aquaculture;
     c) the recreational importance of the area;
                                             % .
 ---pagebreak---      d) the composition of the sediment measured as: grain size distribution, dry matter,
         ignition loss, total hydrocarbon content, and Ba, Cr, Pb, Cu, Hg and Cd content;
     e) the abundance and diversity of benthic fauna and the content of selected aliphatic and
         aromatic hydrocarbons.
3. In order to monitor the consequent effects of the exploration phase of the offshore activity
studies, at least those referred to in sub-paragraph d) above, shall be carried out before and
after the operation.
4. In order to monitor the consequent effects of the exploitation phase of the offshore activity
studies, at least those referred to in sub-paragraphs d) and e) above, shall be carried out
before the operation, at annual intervals during the operation, and after the operation has
been concluded.
Regulation 4; Discharges on the exploration phase
1. The use of oil-based drilling mud or muds containing other harmful substances shall be
restricted to cases where it is necessary for geological, technical or safety reasons and only
after prior authorization by the appropriate national authority. In such cases appropriate
measures shall be taken and appropriate installations provided in order to prevent the
discharge of such muds into the marine environment.
2. Oil-based drilling muds and cuttings arising from the use of oil-based drilling muds should
not be discharged in the Baltic Sea Area but taken ashore for final treatment or disposal in an
environmentally acceptable manner.
3. The discharge of water-based mud and cuttings shall be subject to authorization by the
appropriate national authority. Before authorization the content of the water-based mud must
be proven to be of low toxicity.
4. The discharge of cuttings arising from the use of water based drilling mud shall not be
permitted in specifically sensitive parts of the Baltic Sea Area such as confined or shallow
areas with limited water exchange and areas characterized by rare, valuable or particularly
 fragile ecosystems.
Regulation 5; Discharges on the exploitation phase
 In addition to the provisions of Annex IV the following provisions shall apply to discharges:
      a) all chemicals and materials shall be taken ashore and may be discharged only
          exceptionally after obtaining permission from the appropriate national authority in each
          individual operation;
      b) the discharge of production water and displacement water is prohibited unless its oil
          content is proven to be less than 15 mg/1 measured by the methods of analysis and
          sampling to be adopted by the Commission;
                                              HS
 ---pagebreak---     c) if compliance with this limit value cannot be achieved by the use of Best
        Environmental Practice and Best Available Technology the appropriate national
        authority may require adequate additional measures to prevent possible pollution of the
        marine environment of the Baltic Sea Area and allow, if necessary, a higher limit
        value which shall, however, be as low as possible and in no case exceed 40 mg/1; the
        oil content shall be measured as provided in sub-paragraph b) above.
    d) the permitted discharge shall not, in any case, create any unacceptable effects on the
        marine environment;
    e) in order to benefit from the future development in cleaning and production technology,
        discharge permits shall be regularly reviewed by the appropriate national authority and
        the discharge limits shall be revised accordingly.
Regulation 6; Reporting procedure
Each Contracting Party shall require that the operator or any other person having charge of
the offshore unit shall report in accordance with the provisions of Regulation 5.1 of Annex
VII of this Convention.
Regulation 7; Contingency planning
Each offshore unit shall have a pollution emergency plan approved in accordance with the
procedure established by the appropriate national authority. The plan shall contain information
on alarm and communication systems, organization of response measures, a list of
prepositioned equipment and a description of the measures to be taken in different types of
pollution incidents.
Regulation 8; Disused offshore units
The Contracting Parties shall ensure that abandoned, disused offshore units and accidentally
wrecked offshore units are entirely removed and brought ashore under the responsibility of
the owner and that disused drilling wells are plugged.
Regulation 9; Exchange of information
The Contracting Parties shall continuously exchange information through the Commission on
the location and nature of all planned or accomplished offshore activities and on the nature
and amounts of discharges as well as on contingency measures that are undertaken.
                                            W
 ---pagebreak--- H< ---pagebreak---                                        ANNEX VII
                        Response to pollution incidents
Regulation 1; General Provisions
1. The Contracting Parties undertake to maintain the ability to respond to pollution incidents
threatening the marine environment of the Baltic Sea Area. This ability shall include adequate
equipment, ships and manpower prepared for operations in coastal waters as well as on the
high sea.
2. a)     In addition to the incidents referred to in Article 13 the Contracting Party shall also
          notify without delay those pollution incidents occuring within its response region,
          which affect or are likely to affect the interests of other Contracting Parties.
     b)   In the event of a significant pollution incident other Contracting Parties and the
          Commission shall also be informed as soon as possible.
3. The Contracting Parties agree that subject to their capabilities and the availability of
relevant resources, they shall co-operate in responding to pollution incidents when the severity
of such incidents so justify.
4. In addition the Contracting Parties shall take other measures to:
     a)   conduct regular surveillance outside their coastlines; and
     b)   otherwise co-operate and exchange information with other Contracting Parties in
          order to improve the ability to respond to pollution incidents.
Regulation 2; Contingency Planning
Each Contracting Party shall draw up a national contingency plan and in co-operation with
other Contracting Parties, as appropriate, bilateral or multilateral plans for a joint response
to pollution incidents.
Regulation 3; Surveillance
 1. In order to prevent violations of the existing regulations on prevention of pollution from
ships the Contracting Parties shall develop and apply individually or in co-operation,
                                               m
 ---pagebreak--- surveillance activities covering the Baltic Sea Area in order to spot and monitor oil and other
substances released into the sea.
2. The Contracting Parties shall undertake appropriate measures to conduct the surveillance
referred to in Paragraph 1. by using, inter alia, airborne surveillance equipped with remote
sensing systems.
Regulation 4; Response Regions
The Contracting Parties shall as soon as possible agree bilaterally or multilaterally on those
regions of the Baltic Sea Area in which they shall conduct surveillance activities and take
action to respond whenever a significant pollution incident has occurred or is likely to occur.
Such agreements shall not prejudice any other agreements concluded between Contracting
Parties concerning the same subject. Neighboring States shall ensure the harmonization of
different agreements. Contracting Parties shall inform other Contracting Parties and the
Commission about such agreements.
Regulation 5; Reporting Procedure
 1. a)    Each Contracting Party shall require masters or other persons having charge of ships
          flying its flag to report without delay any event on their ship involving a discharge
          or probable discharge of oil or other harmful substances.
     b)   The report shall be made to the nearest coastal state and in accordance with the
          provisions of Article 8 and Protocol I of the International Convention for the
          Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978
          related thereto (MARPOL 73/78).
     c)   The Contracting Parties shall request masters or other persons having charge of ships
          and pilots of aircraft to report without delay and in accordance with this system on
          significant spillages of oil or other harmful substances observed at sea. Such reports
          should as far as possible contain the following data: time, position, wind and sea
          conditions, and kind, extent and probable source of the spill observed.
 2. The provisions of paragraph 1. b) shall also be applied with regard to dumping made
 under the provisions of Article 11, paragraph 4 of this Convention.
Regulation 6; Emergency Measures on Board Ships
 1. Each Contracting Party shall require that ships en'Hled to fly its flag have on board a
 shipboard oil pollution emergency plan as required r-      .d in accordance with the provisions
of MARPOL 73/78.
2. Each Contracting Party shall request masters of ships flying its flag or, in case of fixed
or floating platforms operating under its jurisdiction, the persons having charge of platforms
 to provide, in case of a pollution incident and on request by the proper authorities, such
detailed information about the ship and its cargo or in case of platform its production which
                                                 n
 ---pagebreak--- is relevant to actions for preventing or responding to pollution of the sea, and to co-operate
with these authorities.
Regulation 7; Response Measures
 1. The Contracting Party shall, when a pollution incident occurs in its response region, make
the necessary assessments of the situation and take adequate response action in order to avoid
or minimize subsequent pollution effects.
2.   a)   The Contracting Parties shall, subject to sub-paragraph b), use mechanical means to
          respond to pollution incidents.
     b)   Chemical agents may be used only in exceptional cases and after authorization, in
          each individual case, by the appropriate national authority.
3. When such a spillage is drifting or is likely to drift into a response region of another
Contracting Party, that Party shall without delay be informed of the situation and the actions
that have been taken.
Regulation 8; Assistance
 1.  According to the provisions of paragraph 3 of Regulation 1:
     a)   a Contracting Party is entitled to call for assistance by other Contracting Parties
          when responding to a pollution incident at sea; and
     b)   Contracting Parties shall use their best endeavours to bring such assistance.
2.   Contracting Parties shall take necessary legal or administrative measures to facilitate:
     a)   the arrival and utilization in and departure from its territory of ships, aircraft and
          other modes of transport engaged in responding to a pollution incident or transporting
          personnel, cargoes, materials and equipment required to deal with such an incident;
          and
      b)  the expeditious movement into, through, and out of its territory of personnel,
          cargoes, materials and equipment referred to in sub-paragraph a).
 Regulation 9; Reimbursement of Cost of Assistance
 1. The Contracting Parties shall bear the costs of assistance referred to in Regulation 8 in
 accordance with this Regulation.
 2.  a)   If the action was taken by one Contracting Party at the express request of another
          Contracting Party, the requesting Party shall reimburse to the assisting Party the
          costs of the action of the assisting Party. If the request is cancelled the requesting
          Party shall bear the costs already incurred or committed by the assisting Party.
                                               «
 ---pagebreak---      b)   If the action was taken by a Contracting Party on its own initiative, this Party shall
          bear the costs of its action.
     c)   The principles laid down above in sub-paragraphs a) and b) shall apply unless the
          Parties concerned otherwise agree in any individual case.
3. Unless otherwise agreed, the costs of the action taken by a Contracting Party at the
request of another Party shall be fairly calculated according to the law and current practice of
the assisting Party concerning the reimbursement of such costs.
4. The provisions of this regulation shall not be interpreted as in any way prejudicing the
rights of Contracting Parties to recover from third parties the costs of actions taken to deal
with pollution incidents under other applicable provisions and rules of international law and
national or supra-national regulations.
Regulation 10; Regular Co-operation
1. Each Contracting Party shall provide information to the other Contracting Parties and the
Commission about:
     a)    its organization for dealing with spillages at sea of oil and other harmful substan-
          ces;
     b)    its regulations and other matters which have a direct bearing on preparedness and
           response to pollution at sea by oil and other harmful substances;
     c)   the competent authority responsible for receiving and dispatching reports of pollution
          at sea by oil and other harmful substances;
     d)   the competent authorities for dealing with questions concerning measures for mutual
           assistance, information and co-operation between the Contracting Parties according
           to this Annex; and
     e)    actions taken in accordance with Regulations 7 and 8 of this Annex.
2. The Contracting Parties shall exchange information on research and development
programs, results concerning ways in which pollution by oil and other harmful substances at
sea may be dealt with and experiences in surveillance activities and in responding to such
pollution.
3. The Contracting Parties shall on a regular basis arrange joint operational combatting exer-
cises as well as alarm exercises.
4. The Contracting Parties shall co-operate within the mcernational Maritime Organization
in matters concerning the implementation and further development of the International
Convention on Oil Pollution Preparedness, Response and Co-operation.
                                                *
 ---pagebreak--- Regulation 11; HELCOM Combatting Manual
The Contracting Parties agree to apply, as far as practicable, the principles and rules included
in the Manual on Co-operation in Combatting Marine Pollution, detailing this Annex and
adopted by the Commission or by the Committee designated by the Commission for this
purpose.
                                              ro
 ---pagebreak---                                                                        ISSN 0254-1475
                                                                COM(93) 285 final
                                                        DOCUMENTS
 EN                                                                               14
                                  Catalogue number : CB-CO-93-318-EN-C
                                                               ISBN 92-77-56896-8
c )£fice for Official Publications of the European Communities
i.y-2985 Luxembourg