CELEX: 51996PC0063
Language: da
Date: 1996-02-26
Title: FORSLAG TIL RÅDETS AFGØRELSE OM UNDERTEGNELSE AF DEN REVIDEREDE PROTOKOL OM BESKYTTELSE AF MIDDELHAVET MOD LANDBASERET FORURENING OG AF PROTOKOLLEN OM FOREBYGGELSE AF FORURENING AF MIDDELHAVET FORÅRSAGET AF GRÆNSEOVERSKRIDENDE OVERFØRSEL AF FARLIGT AFFALD OG BORTSKAFFELSEN HERAF (BARCELONA-KONVENTIONEN)

1  KOMMISSIONEN FOR DE EUROPÆISKE FÆLLESSKABER
                      ir
                       ir  I
                                                         Bruxelles, den 26.02.1996
                                                         KOM(%) 63 endelig udg.
                   FORSLAG TIL RÅDETS AFGØRELSE OM UNDERTEGNELSE AF DEN
                  REVIDEREDE PROTOKOL OM BESKYTTELSE AF MIDDELHAVET MOD
                LANDBASERET FORURENING OG AF PROTOKOLLEN OM FOREBYGGELSE
                          AF FORURENING AF MIDDELHAVET FORÅRSAGET AF
                   GRÆNSEOVERSKRIDENDE OVERFØRSEL AF FARLIGT AFFALD OG
                                     BORTSKAFFELSEN HERAF
                                   (BARCELONA-KONVENTIONEN)
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 ---pagebreak---  ---pagebreak---                                                 -2
                                         BEGRUNDELSE
 1.      Fællesskabet er kontraherende part i konventionen om beskyttelse af Middelhavet
         mod forurening0. Fællesskabet har ligeledes indgået de fire protokoller, der er
        vedtaget inden for rammerne af konventionen, nemlig protokollen om forebyggelse
        af forurening forårsaget af dumpning1, protokollen om samarbejde om bekæmpelse
        afforurening med olie og andre skadelige stoffer21, protokollen om beskyttelse mod
        landbaseret forurening31 og protokollen om særligt beskyttede områder4''.
2.      På deres syvende ordinære møde (Cairo, oktober 1991) anmodede de
        kontraherende parter i Barcelona-konventionen om, at der blev udarbejdet en
        protokol om forebyggelse af forurening af Middelhavet forårsaget af
        grænseoverskridende overførsel affarligt affald og bortskaffelsen heraf
3.      Anvendelsesområderne for denne protokol henhører i hvert fald delvis under
        Fællesskabets kompetence. Der findes således allerede omfattende EF-forskrifter
        om affald, navnlig forordning 259/93, og Fællesskabet er kontraherende part i
        konventionen om kontrol med grænseoverskridende overførsel af farligt affald og
        bortskaffelsen heraf (Basel-konventionen)5).
4.      I forlængelse af det forslag, Kommissionen forelagde Rådet i december 1995
        (SEK(95)2102 endel. udg.) om en henstilling med henblik på åbning af
        forhandlinger vedrørende den nævnte protokol gav Rådet på den ... samling ...
        Kommissionen forhandlingsdirektiver til at deltage i forhandlingerne på
        Fællesskabets vegne.
5.      Det næste forhandlingsmøde er berammet til den 17. og 20. april 1996 i Ismir
        (Tyrkiet), hvor protokollen skal udarbejdes endeligt.
6.      Konferencen for befuldmægtigede for undertegnelse af den nævnte protokol ventes
        at finde sted i andet halvår af 1996.
7.      På det ottende ordinære møde i Antalya i oktober 1993 anmodede de kontraherende
        parter i Barcelona-konventionen om en revision af konventionen og de fire heri il
        horende protokoller, nemlig i\c ovennævnte (pkt. I) protokoller om dumpning,
        landbaseret forurening og særligt beskyttede områder.
i)  Afgørelse 77/585/EØF, EFT nr. L 240 af 19.9.1977.
2)  Afgørelse 81/420/EØF. EFT nr. L 162 af 19.6.1981.
3)  Afgørelse 83/101/EØF, EFT nr. L 67 af 12.3.1983.
4)  Afgørelse 84/132/EØF, EFT nr. L 68 af 10.3.1984.
5)  Afgørelse 93/98/EØF, EFT nr. L 39 af 16.2.1993.
 ---pagebreak---                                             -3-
8.   På den 1852. samling den 9. juni 1995 besluttede Rådet dels at bemyndige
     undertegnelsen på Fællesskabets vegne af de reviderede tekster til konventionen og
     de to protokoller om henholdsvis forebyggelse af forurening forårsaget af
     dumpning og særligt beskyttede områder, dels at give Kommissionen
     forhandlingsdirektiver til på Fællesskabets vegne at deltage i forhandlingerne om
     revisionen af de andre protokoller, herunder protokollen om landbaseret
     forurening.
9.   I overensstemmelse med denne rådsafgørelse undertegnede Fællesskabet den 10.
    juni 1995, i Barcelona, de reviderede tekster til konventionen og de to ovennævnte
     protokoller.
10.  Kommissionen har deltaget i den arbejdsgruppe, der havde til opgave at forberede
     ændringerne til protokollen om landbaseret forurening. Efter Kommissionens
     opfattelse er resultaterne af disse forhandlinger fuldt tilfredsstillende.
11.  Anvendelsesområderne for ændringerne til protokollen om landbaseret forurening
     henhører i hvert fald delvis under Fællesskabets kompetence. Fællesskabet har
     således vedtaget flere direktiver om beskyttelse af vandmiljøet, og det er
     kontraherende part i en lang række konventioner på dette område.
12.  Der er berammet en konference for de befuldmægtigede i Syracusa den 7. og 8.
     marts 1996, hvor den ændrede protokol skal undertegnes. Den 4. og 5. marts vil
     der blive afholdt et ekspertmøde, hvor protokol teksten skal udarbejdes endeligt.
13.  Kommissionen henleder Rådets opmærksomhed på, at det bør træffe afgørelse i
     tide til, at Fællesskabet - samtidig med medlemsstaterne, der er parter i Barcelona-
     konventionen - kan undertegne den reviderede protokol om landbaseret forurening
     og protokollen om grænseoverskridende overførsel affarligt affald og bortskaffelsen
     heraf, når de åbnes for undertegnelse.
14.  Rådet anmodes derfor om at bemyndige formanden til at udpege den (de)
     person(er), der er beføjet til på Fællesskabets vegne og med forbehold af senere
     indgåelse at undertegne den reviderede protokol om beskyttelse af Middelhavet mod
     landbaseret forurening og protokollen om forebyggelse afforurening af Middelhavet
    forårsaget af grænseoverskridende overførsel af farligt affald og bortskaffelsen
     heraf, inden for rammerne af Barcelona-konventionen.
 ---pagebreak---    FORSLAG TIL RÅDETS AFGØRELSE OM UNDERTEGNELSE AF DEN
  REVIDEREDE PROTOKOL OM BESKYTTELSE AF MIDDELHAVET MOD
LANDBASERET FORURENING OG AF PROTOKOLLEN OM FOREBYGGELSE
        AF FORURENING AF MIDDELHAVET FORÅRSAGET AF
   GRÆNSEOVERSKRIDENDE OVERFØRSEL AF FARLIGT AFFALD OG
                   BORTSKAFFELSEN HERAF
                 (BARCELONA-KONVENTIONEN)
 ---pagebreak---  RÅDET FOR DEN EUROPÆISKE UNION HAR -
 under henvisning til Traktaten om oprettelse af Det Europæiske Fællesskab,
 under henvisning til forslag fra Kommissionen, og
 ud fra følgende betragtninger:
 Fællesskabet er kontraherende part i konventionen om beskyttelse af Middelhavet mod
 forurening6) (Barcelona-konventionen) og i de fire hertil knyttede protokoller7*;
 Kommissionen har inden for rammerne af de arbejdsgrupper, der er nedsat af de
 kontraherende parter i Barcelona-konventionen, på Fællesskabets vegne deltaget i
 forhandlingerne om revisionen af protokollen om beskyttelse mod landbaseret forurening
 og i forhandlingerne om udarbejdelse af protokollen om forebyggelse af forurening
forårsaget af grænseoverskridende overførsel af farligt affald og bortskaffelsen heraf;
 anvendelsesområderne for de nævnte protokoller henhører i hvert fald delvis under
 Fællesskabets kompetence;
 Kommissionen har aflagt beretning for Rådet om de positive resultater af forhandlingerne,
således at Rådet kan fastlægge en endelig holdning;
den reviderede protokol om beskyttelse mod landbaseret forurening og protokollen om
 forebyggelse af forurening forårsaget af grænseoverskridende overførsel af farligt affald
og bortskaffelsen heraf skal vedtages og åbnes for undertegnelse for de kontraherende
parter på de konferencer for befuldmægtigede, der vil blive afholdt henholdsvis i Syracusa
den 7. og 8. marts 1996 og i løbet af andet halvår af 1996;
det er vigtigt, at de to protokoller kan undertegnes af Fællesskabet, med forbehold af
 senere indgåelse -
 6) EFT iir. L 240 af 19.9.1977, s. 1 og 3.
 7) EFT nr. L 240 af 19.9.1977, s. 1 og 12.; EFT nr. L 162 af 19.6.1981, s. 4; EFT nr. L 67 af
     12.3.1983, s. 1; EFT nr. L 68 af 10.3.1984, s. 36.
 ---pagebreak---                                           -6-
 TRUFFET FØLGENDE AFGØRELSE:
                                     Eneste artikel
 Formanden for Rådet er bemyndiget til at udpege den(de) person(er), der er beføjet til på
 Fællesskabets vegne og med forbehold af senere indgåelse at undertegne den reviderede
protokol om beskyttelse mod landbaseret forurening og protokollen om forebyggelse af
forurening forårsaget af grænseoverskridende farligt affald og bortskaffelsen heraf, inden
 for rammerne af konventionen om beskyttelse af Middelhavet mod forurening, og at give
 vedkommende den fornødne fuldmagt hertil.
 Udfærdiget i Bruxelles, den                             På Rådets vegne
                                                               Formand
 ---pagebreak---                                                                  UNEP(OCA)/MED WQ.107/3
                                                                                      page 1
       AMENDMENTS TO THE PROTOCOL TOR THE PROTECTION OF THE
       MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES
       A.TTTLE
       The title of the Protocol is amended as follows:
       PROTOCOL FOR THE PROTECTION OF THE.MEDITERRANEAN «SEA AlGAINST
       POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES
       B. PREAMBULAR PARAGRAPHS                                                j
     . The 1st preambular paragraph of the Protocol is amended as folloyvs:
             Being Parties to t h e Convention for the. Protection of the Mediterranean Sea
       against Pollution, adopted at Barcelona on T6 February 1976 and amended o n —
                                                               *      • '      i
       The 3rd preambular paragraph of the Protocol is amended as follows:
             Noting the increasing environmental pressures resulting from Human activities
       in the Mediterranean Sea Area, particularly in the fields of industrialization and
       urbanization, as well as the seasonal increase in the coastal population due t o
       tourism,                                                                i
       After the 3rd preambular paragraph a new preambular paragraph is inserted as
       follows:                                                        . « • ' * . •
            Taking account o f t h e precautionary principle and the pollute^ pays p rinciple,
       and applying the environmental impact assessment, best available itechnic ues and
[[ ]] best environmental practices inducing -dean production [[technologies]]*« as
       provided in art. 4 o f t h e Convention,
       The 4 t h preambular paragraph o f t h e Protocol is amended as follows:
             Recognizing the danger posed to the marine environment, t h e living re sources
       and human health by pollution from land-based sources and activities and the
       serious problems resulting therefrom in many coastal waters and river estuaries of
       the Mediterranean Sea, primarily due to the release of untreated, insufficiently
       treated or inadequately disposed of domestic or industrial discharges and t o the
       input of toxic, persistent and bîoaccumulative substances,:               ;
                   The part in double square, brackets in this paragraph is added by the
                   Secretariat in reference to article 4 of the amended Convention
                                           }
 ---pagebreak--- UNEP(OCA)/MED WG. 107/3
page 2
The 6th preambular paragraph of the Protocol Is amended as follows:
      Determined t o take in dose cooperation the necessary measures to protect the
Mediterranean Sea against pollution from land-based sources and activities,
                                                    •           '      i
                                                                :      f
C ARTICLE 1
A title is inserted and the text is amended as follows:
                                         Article.1
                              GENERAL UNDERTAKINGS                      ;
                    •                                          •       »
      The Contracting Parties to this Protocol (hereinafter referred to las "the
Parties") shall take all appropriate measures to prevent, abate, combat and
eOminate to- the fullest possible extent pollution of the Mediterranean Spa Area
caused by the discharges from rivers, coastal establishment jbr outfalls, or
emanating from any other land-based sources and activities: within their territories,
with priority given In particular to the phasing out of inputs of toxicj persistent and
bîoaccumulative substances.
D. ARTICLE 2
A title is inserted. The texts of paragraphs (a) and (d) of Article 2 are amended as
follows:                                                                       I '
                                       . Article 2
                                      DEFINITIONS
(a)    T h e Convention" means the Convention for the Protection j of the
       Mediterranean Sea against Pollution, adopted at Barcelona on 16 February
       1 9 7 6 and amended on ....;
                             :                    •  •            ":     i     ]
(d)    The "Hydrologie Basin" means the entire watershed area within the territories
       of the Contracting Parties, draining into the Mediterranean Sea Area asdefined
       by artide 1 of the Convention.
 ---pagebreak---                                                            UNEP(OCA)/MED VVflS. 107/3
                                                                                page 3
E- ARTICLE 3
                                                                        i
A trtie is inserted and the following new paragraph is added to Article 3:
                                        Article 3                      \
                             GEOGRAPHICAL COVERAGE                      I
(abis) (re-numbered as (b))
      The hydrologie basin of the Mediterranean Sea Area..
Paragraph (b) is re-numbered as paragraph (c). Paragraph (c) is re-numbered as
paragraph (d) and amended as follows:                                   ;
(d)   Saltwater marshes and saltwater aquifers.
                                                                        i
                                                                :        i
F. ARTICLE 4                                                            j
A title is inserted and the texts of sub-paragraph (a) aria (b), paragraph 1 oï Artide
4 are amended as follows:
                                        Articled
                                   PROTOCOL AREA                       '!
      This Protocol shall apply:
(a)   To discharges originating from land-based .point and diffuse sources and
      activities within the territories of the Contracting Parties which may affect
      directly or indirectly the Mediterranean Sea Area. These discharges shall
      indude those which reach the Protocol Area through coastal disposals, rivers,
    • canals or other watercourses, induding underground watercourses, or through
       run-off and disposal under the seabed wfm access: from land by tunnel,
      pipeline, or other means;
(b)    To inputs from land-based sources or activities situated in the Protocol Area
       transported by the atmosphere, under conditions defined in annex 111 to this
       Protocol.
The following new paragraph is added to Article 4:
3.     The Parties shall invite States that are not parties to the Protocol and have in
their territories parts of the hydrologie basin of the Mediterranean Area, to
 cooperate in the implementation of the Protocol.
                                                3
 ---pagebreak---    UNEP(OCA)/MED WG.107/3
   page 4
   G. ARTICLE 5
   A title is inserted and texts of paragraphs 1 , 2 , and 4 of Article 5 are amended as
   follows:
                                                                  l
                                              Articled                    \
                                  GENERAL OBLIGATIONS
                                                                   i       i
                                                                   • •     i
   1 . The Parties undertake to eliminate pollution deriving from land-based sources
   and activities, in particular to phase out toxic, persistent .and bîoaccumulative
n  inputs of the substances fisted in annex I. Uinputs of the toxic, persistent and
il bîoaccumulative substances from the fist in annex I, section C to this Protocol.]]*
   2.
                                                                               ,J
         To this end they shall elaborate and implement individually or jointly, as
   appropriate, national .and regional programmes and action plans, containing
   measures and timetables for their implementation.
   Paragraph 3 is deleted
   4.    (re-numbered as 3)
         The priorities and timetables for implementing the programmes, measures and
   action plans shall be adopted by the Parties taking into account the elements set
   out in annex I and shall be periodically reviewed.                             j
   The following new paragraphs are added to Article 5:
   4.    When adopting programmes, measures and action plans, the Parties shall take
   into account, either individually or jointly, the best available techniques for point
   sources and the best environmental practices for point and diffusé sources
   induding, where appropriate, dean production technologies! [{/taking into account
]] the criteria set forth in annex I V ] ] . * *
   5.    The Parties shall take preventive measures to reduce to the minimum |the risk
   of pollution caused by accidents.
                The part in double square brackets in this paragraph is changed by the
                Secretariat for a more accurate formulation of the text. ;         :
               The part in double square brackets in this paragraph is added by the
                Secretariates a necessary reference to the new Annex IV.
                                                 A    O
 ---pagebreak---                                                           UNB>(OCA)/MED WG. 107/3
                                                                                 page S
H. ARTICLE 6
                                                                       i
                                                               :       i
A title is inserted and text of Article 6 is replaced by the fbllowingitext:
                                       Article 6               :
                     AUTHORIZATION OR REGULATION SYSTEM
1.      Point source discharges to the Protocol area, and releases into water or air
which reach and may affect the Medherranean-Sea Area, shall be strictly (subject
to authorization or regulation by the compétent authorities of the Parities, taking due
account of the provisions of annex H to this Protocol. Such authorization or
regulation shall be in conformity with relevant decisions or recommendations of the
Contracting Parties.
2.     To this end each Party shall provide for systems of inspection by their
competent authorities to assess compliance whh authorizations and regulations.
3.     The Parties may be assisted by thé Organisation, upon request; in establishing
n e w , or strengthening existing, competent structures for inspection of compliance
with authorizations and regulations. Such assistance shall ihdudeispedal training
of personnel.
4.     Each Party shall consider establishing appropriate sanctions lin case of non-
compliance within its own territories.
1. ARTICLE 7
A title is inserted. The texts of sub-paragraph (e) of paragraph 1 and paragraph 3
of Article 7 are amended as follows:
                                       Article 7
                 COMMON GUIDELINES, STANDARDS AND CRITERIA
(e)     Specific requirements concerning the quantities of the substances, listed in
       annex I, discharged, their concentration in effluents and methods of
       discharging them.
3.     The programmes, measures and action plans referred to in articles 5 and 15
shall be adopted by taking into account, for their progressive implementation, the
capacity to adapt and reconvert existing installations, the economic capacity of the
Parties and their need for development.
                                    T)
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 6
J . ARTICLE 8                                               . ;;
A title is inserted and the text of Article 8 is amended as follows:
                                        Article 8
                                     MONITORING
      Within the framework: of the provisions of, and the monitoring programmes
provided for, in article 1 2 of the Convention, and if necessary in cooperation with
the competent international organizations, the Parties shall carry out at the earliest
possible date monitoring activities In order
                                                                        i
(a)    Systematically to assess, as far as possible, the levels of pollution along their
       coasts, in particular with regard to the sectors of activities and categories of
       substances or sources listed in annex Land periodically to provide information
       in this respect;                                         j       j
(b)   To evaluate the effectiveness of programmes, measures arid action plans
       implemented under this Protocol to eliminate to the fullest possible extent
       pollution of the marine environment.                     :       '
 K. ARTICLE 9
A title is inserted and the text of Article 9 is amended as follows:!
                                         Article 9
                     SCIENTIFIC AND TECHNICAL COOPERATION >
        In conformity with article 13 of the Convention, the Parties shall cooperate in
scientific and technological fields related to pollution from land-based sources and
activities, particularly research on inputs, pathways and effects of pollutants and
 on the devdopment of new methods for their treatment, réduction or elimination,
as well as the devdopment of dean production processes for their reduction and
elimination. To this end the Parties shall, in particular, endeavour to:
The following new paragraph is added to Article 9:
 (c)   Promote access and transfer of environmentally sound technology including
        dean production technology.
                                      r\ 2.
 ---pagebreak---                                                             UNS>(OCA)/tàED WG.107/3
                                                                                 page 7
L. ARTICLE 10
                                                                        »
A title is inserted and the text of Article 10 is amended as follows':
                                                                  :      Ï
                                        Article W                      ?
                             ' TECHNICAL ASSISTANCE               ;    {
1.    The Parties shall, directiy or with the assistance of competent regional br other
international organizations, bilaterally or rnuttflaterally, cooperate whh a triew to
formulating and, as far as possible, implementing prograrhmes of assist ance to
developing countries, particularly in the fields of sdence, education and technology,
with a view to preventing, reducing or, as appropriate, phasing out inputs of
pollutants from land-based sources and activities and their harmful effects in the
marine environment.                                             i   . }
                                                                Î      <   •
                                                                 !      i
                                                                i      }
2.     Technical assistance would include, In particular, the training of scientific and
technical personnel, as well as the acquisition, utilization and production by those
                 appropriate equipment
countries of appropriate         „__,                  . , . .- . . dean .production
                                             and, as appropriate,
technologies, on advantageous terms to be agreed upon among the Parties
concerned.
M. ARTICLE 11
A title is inserted as follows:
                                        Article 11
                            TRANSBOUNDARY POLLUTION
N. ARTICLE 12
A title is inserted and the text of paragraph 1 of Article 12 is amended as follows:
                                        Article,,12
                              SETTLEMENT OF DISPUTES
 1.   Taking into account article 2 8 , paragraph 1 , of the Convention, when land-
based pollution originating from the territory of one Party is likely to prejudice
directiy the interests of one or more of the other Parties; the Parties concerned
shall, at the request of one or more of them, undertake to'enter îijito consultation
with a view to seeking a satisfactory solution.
                                            43
 ---pagebreak--- UNB>(OCA)/MED WG.107/3
page 8
O. ARTICLE 13
A title îs inserted. The texts of paragraph 1 * the first sentence of paragraph 2 and
subparagraph (d), paragraph 2 of Article 13 are amended as follows:
                                        Article 13               }'     i
                                         REPORTS
1.    The Parties shall submit reports every two years to the meetings of the
Contracting Parties, through the Organization, of measures taken, results achieved
and, if the case arises, of difficulties encountered in the application of this Protocol.
Procedures for the submission of such reports shall be determined at the meetings
of the Parties.
2.    Such reports shall include, inter alia:
(d)   Programmes, measures and action plans implenronted in accordance with
      articles 5, 7 and 15 of this Protocol.
P. ARTICLE 1 4
A title is inserted. The texts of paragraph 1 and of sub-paragraph .(a), (c) and (f),
of paragraph 2 of Article 1 4 are amended as follows:                   \
                                        Article 14               ?      I
                                        MEETINGS                        |
1.    Ordinary meetings of the Parties shall take: place in conjunction with ordinary
meetings of the Contracting Parties to the Convention held .'pursuant to arjticle 18
of the Convention. The Parties may also hold extraordinary meetings in accordance
with article 1 8 of the Convention.
2.
(a)   To keep under review the implementation Of this Protocol and «to consider the
      efficacy of the programmes, measures and action plans adopted;
(c)   To formulate and adopt programmes and measures in accordance with articles
      5, 7 and 15 of this Protocol;
                                                   '           ' j      \
(f)   To. consider the reports submitted by the Parties under article 13 of this
      Protocol.
 ---pagebreak---                                                                      UNEF?(OCA)/MED WÇ.107/3
                                                                                            page 9
        Q. ARTICLE 15                                                             j .
        A title is inserted and the t e x t of paragraph .1 of Article 15 is amended as follows:
                                                 Article 15                      \
                             ADOPTION OF REGIONAL PROGRAMMES,                    |
                                   MEASURES AND ACTION PLANS \                   \
        1.    The meeting of the Parties shall adopt; by a two-thirds majority, the regional
        programmes and short-term and medium-term action plans containing measures and
        timetables for their implementation provided for in article. 5 of this Protocol.
        The text of paragraph 2 of Article 15 is replaced by the following [texts:
        2.     Regional programmes and action plans as referred to in paragraph 1 ishallbe
        formulated by the Organizations-considered and approved by the relevant u chnioal
[[      body of the Contracting Parties [[recommended for approval by the Meeting of
]]      National Coordinators for MED POL]]* witiiin one year at the latest of ti te entry
        into force of the amendments to this Protocol. Such regional prpgramr ws and
        action plans shall be put on the agenda for the subsequent meeting of the Parties
( [ ] ] for adoption, [[approval]]*. The same procedure shall i be followed for any
        additional programmes and action plans.
                                                                                 i
        3.     The measures and timetables adopted in accordance with paragraph 1 of
[       this article shall be obligatory for the Parties (which voted for them or which have
        not notified the Secretariat of an objection within sixty days of the date of their
]       adoption].                                                                I     ]      /
                                                                                  •     I    V
[in                                                                               i     i
[       4.     The Parties which have not [voted for] [accepted] certain measures or
3       timetables [or which have notified an objection in accordance with-the preceding
        paragraph,] shall inform the meeting of the Parties of the provisions they intend to
        take, ft being understood that these Parties may at any time give their consent to
        these measures or                          timetables.                    ;
        R. ARTICLE 16
        A title is inserted and the t e x t of paragraph 2 of Article 16 is amended as follows:
                                                  Article 16
                                             FINAL PROVISIONS
        2.     The rules of procedure and the financial rules adopted; pursuant to article 2 4
        of the Convention shall apply with respect t o this Protocol, unless the Parties t o
        this Protocol agree otherwise-                                                   j
                     The part in double square brackets in this paragraph is changea by the
                     Secretariat for an accurate legal formulation of the text.;          j
                                                 AC
 ---pagebreak---    UNEP(OCA)/MED WG.107/3
   page 10
   S.AHNKJ
   Annex I is replaced by a new Annex I as follows:
                                         ANNEX I
        ELEMENTS TO BE TAKEN INTO ACCOUNT IN THE PREPARATION
          OF PROGRAMMES AND MEASURES FOR THE ELIMINATION OP
           POLLUTION FROM LAND-CASED SOURCES ÂNP ACTIVITIES
        This annex contains elements which will be taken into Recount in the
   preparation of programmes, measures and action plans! for the elimination of
   pollution from land-based sources and activities referred to in articles 5,7 and
   15 of this Protocol.                                         , !
              '                                 '             I        i
        Such programmes, measures and action plans will! aim toj cover sectors
   of activities listed in section A of this annex. They mayjalso cover groups of
   substances cutting across the sectors of activities. Substances included in
   such programmes, measures and action plans will be selected on the oasis of
   the characteristics listed in section 6 of this annex. Section C of the annex
   includes various -groups of    _. _substances selected
                                                   ——,— on  w.. the
                                                                 » , - £|.basis i of the
   characteristics listed in Section B. Prioritiesforaction should be established
   on the basis of relative importance of the impact on public heal th, the
   ecosystem and socio-economic cultural conditions. Such programmes should
   cover point sources, diffuse sources and atmospheric deposition.
   A.   SECTORS OF ACTIVITIES
        The following sectors of activities, not In priority order, will be primarily
   considered when setting priorities for the preparation of j programmes,
   measures and action plansforthe elimination of the pollution from land-based
   sources and activities:                                            >
                                                              i          |
[]      1.     Energy production [from fossil fuel].
        2.    Fertiliser production.
        3/    Production and formulation of biocides.
        4.    Pharmaceutical industry.
                                                              ;
                                                                         i
        5.    Refineries.
        6.    Paper and pulp industry.
                                         AÇ
 ---pagebreak---                                                       UNEr?(OCA)/MED WG.107/3
                                                                          page 11
   7.   Cement production.                                  !•
   8.   Tanneries.           \
   9.   Metal industry.
   10. Mining.                                             '
   11- Shipyards.
                                                           !
   12. Textile industry.
                                                         •s
                                          '     •_ \     •  i  .
   13. Electronic industry.                         \ .'•.:. _
   14. Recycling industry.
                                               *           *
   15. Other sectors of the organic chemical industry.
                                            • .          . i
   16. Other sectors of the inorganic chemical industry.
   17. Touristic establishments.
   18. Agriculture.
   19. Animal husbandry.
                                                            i
   20. Food processing.
   21. Aquaculture,
   22. Treatment of hazardous waste at source,             ;
   23. Domestic waste water disposal and treatment;
   24. Urban waste disposal and treatment
   25. Sewage sludge disposal and waste disposal plants* residues.
   26. Incineration of waste.                                      \
[[ [[27.PubIic and private works which cause physical alteration of (the
   natural state of the coastime.]]*'                              j
         The part in double square brackets in this annex isj    . » added | by the
         Secretariat in ordertoput it in line with the Global Programme of Action
         for the Protection of the Marine Environment from: Land-based Activities:
                                   i>
 ---pagebreak--- UNEP(OCAl/MED WG.107/3
page 12
B.   CHARACTERISTICS OP SUBSTANCES IN THE ENVIRONMENT
                                                            i     i
     in order to set priorities for substances, the Parties should take into
account the characteristics listed below.which are not necessarily of equal
importance for the consideration of a particular substance or group of
substances.
     1.   Persistency.
     2.   Toxicity or other noxious             properties (e.g. carcinogenicity
          mutagenicity, teratogenicity).
     3.   Bioaccumulation.
     4.   Radioactivity.
     5.   The ratio between observed concentrations arid no observed effect
          concentrations (NOEC).
     6.   Risk of eutrophication of anthropogenic origin.
     7.   Health effects and risks.
     8.   Transboundary significance.
     9.   Risk of undesirable changes in the marine ecosystem and
          irreversibility or durability of effects.                     I
     10. Interference with the sustainable exploitation of living resources or
          with other legitimate uses of the sea.            •      i     !
                                             «i                    •     •  .
     11. Effects on the taste and/or smell of products for human consumption
          from the sea, or effects on smell, colour, transparency çjr other
          characteristics of the water in the marine environment         j
                                                             !      ! '  '
     12. Distribution pattern (Le. quantities involved, use pattern and {liability
          to reach the marine environment).
C. CATEGORIES OF SUBSTANCES                                       i
                                                             :
                .         -                                         '     I.
     The following, groups of substances were selected onj the basis of
characteristics listed in section B of this annex. This list Will serve as a
guidance in the preparation of programmes, measures and action plans for the
elimination of pollution from land-based sources and activities.
                                      \t
 ---pagebreak---                                                  UNEP(OCA)/MED WG.107/3
                                                              |      t a g e 13
1.  Organohalogen compounds and substances which may form such
    compounds in the marine environment*.                   >
                                                             !
2.  Organophosphorus compounds and substances which may form
    such compounds in the marine environment*.'              ;
                                 .  .   .             J       •      ,
3.  Organotin compounds and substances which may form such
    compounds in the marine environment*.                    j
                                                      !       I
                                                      '   '   Î
4*  Polycyctic aromatic hydrocarbons.                        ;
5.  Heavy metals and their compounds.                        \
                                                      :       \
6.  Used lubricating oils.                                •  I
7.  Radioactive substances, including their . wastes, | [when their
    discharges do not comply with the principles! of radiation protection
    as defined by the competent international organizations, taking into
    account the protection of the marine environment]. !
8.  Biocides and their derivatives.                          !
9.  Pathogenic microorganisms and i algal toxins which could result from
    eutrophication.                                          I
10. Crude oDs and hydrocarbons of petroleum origin.;          j
11. Cyanides and fluorides.
                                                        :     !
                                                        :   .*
12. Non-biodegradable detergents and other surface-active substances.
                                                        i     î
13. Compounds of nitrogen and phosphorus.
14. Persistent synthetic materials which may float, sink! or remain in
    suspension and which may interfere with any legitimate use of the sea.
15. Any other substance or group of substances having any! characteristics
    listed in section B of this annex                        [
    With the exception of those which;are biologically .harmless or which are
    rapidly converted into biologically harmless substances. ;
                               y\0)
 ---pagebreak--- UNBP(OCA)/MED WG.107/3
page 14
T. ANNEX II
Annex II is deleted.
U. ANNEX 111
Annex III is re-numbered as Annex II. Itsfrrtroductoryparagraph land the text of
paragraph é of section A are amended as follows:                 ;     [
                                       ANNEX II                  j     i
                                               ;             -,f        j -
      With-a view to the issue of an authorization tor the discharge of wastes
coritamirg substances r e f e r a
be taken,, as the case may be, of the following factors: ",»           j
          A. CHARACTBRiSTlCS AND COMPOSITION O F J T H E VMSTE
                                                                 }
                                    .           •*••'.'•               I
      6. ConcenliafJons .with respecttocategories of substances Ijsted infrnnexI,
and other substances as appropriate.                                   1
                                                                       i
V. ANNEX IV
Annex IV is re-numbered as Annex 111. The texts of paragraphs 3 and 5 are
amended as follows:
                                       ANNEX 411                       !
                                                    .•           .      «
                                                          •  • . *   '  *•
3.    In the case of pollution of the Protocol Area from land-based sources (through
     the atmosphere, the'provisions of articles 5 and 6 toithis Protocol shall apply
      progressively to appropriate substances and sources listed in (annex I to this
      Protocol as will be agreed by the Parties.
5.    The provisions of annex II to this Protocol shall apply to pollution through the
      atmosphere whenever appropriate. Air pollution monitoring and jnodetling using
      acceptable common emission factors and methodologies, shaf te earned out
      in the assessment of atmospheric deposition of substances, as well s s in the
      compilation of inventories of quantities and rates of poHufant emissions into the
      atmosphere from land-båsed sources. r                        . j
                                             to
 ---pagebreak---                                                             UNOTOCAJ/WIED WG.107/3
                                                                       i    ' ,spage 15
   W.
   A new Annex IV is added reading as follows:
II                                      QÀNNOCIV*
   A.   BEST AVAILABLE TECHNIQUES
   1. The term "best available techniques* means the latest and jmost effective
   stage of development of processes and methods of operation which indicate
   the practical suitability of a particular measure for constituting Fn principle the
   basis tor limiting values of emissions ana* general environmental impact.
   2. The term "techniques'* includes both the technology used and the way in
   which the installation is designed, built, maintained, operated and dismantled.
                                                         'J     "   t  >        i
   3. The term ""available"" refers to processes developed on a.scale which
   makes it feasible to apply them in the relevant industrial sector under viable
   economic and technical conditions, while taking ; into jconsideration
   costs/benefits; it shall make no différence whether or not such processes are
   used or developed in the territory of an interested party, provided that the
   entrepreneur interested in using them could have access to them under
   reasonable conditions.                                              I ••
   4- . The term "best" refers to the most effective processes for obtaining high
   level of protection of the environment as. a whole.
   5. In determining the best available techniques, in general or individual
   cases, special consideration shall be given to:
                                                              • • • *   *
        (a) the use of processes which.produce less waste;
         (b) the use of substances which are less hazardous;
              The Meeting of the Legal and Technical Experts to examine the
              amendments to the LBS Protocol (Siracusa, 4-6 May 199fe) decided that
              an annex on the "Best available-techniques anjj " Best environmental
              practices" should be added to the Protocol. As a result, the meeting
              decided to use the relevant text adopted by theiContraçrjng Parties to
              the Paris Convention as the basis for the preparation of hhe new annex
              to the Protocol with the understanding that Contracting Parties would
              send comments and suggestions for changes.; The present text of
              annex IV is therefore the result of the -work of the Secrétariat land the
              comments received from the Contracting Parties:          j
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 16
     (c) the development of processes for the receiving and recycling of
          substances used and emitted in the course of the process and the
          waste, as appropriate;                                 !
                                          :
                                              •           i      i
     (d) the comparable processes, equipments or methods of operation
          which have recently been successfully tried lout on an industrial
          scale;                              , '               j
                       '     "             •    '          l       i    J
     (e) the technological advances and changes in scientific knowledge;
     (f) the nature, Impact and volume of the discharges and emissions
          concerned;
                                                                 I
     (g) the starting date of operation of both new and existing plants;
     (h) the time needed to develop à better technique available;
                                                          !     »
     (i)  the consumption and nature of primary resources used (including
          water) and energy efficiency;'                        ;
     0)   the need to prevent or reduce' to a minimum the global input, of
          emissions and environmental risks;                    !
     (k) the need to prevent accidents and, if they should occur, to reduce;
          environmental impact;
     (I)  theflexibilityfor improvement and easy modification jof the applied
         - techniques; .
     (m) the consideration of the type of disposal along with the best
          available techniques; and
                                          f   • :         ;      I   - .
     (n) the compatibility with, or suitability for, local prevailing | social,
          economic and environmental conditions. ' ;            !
B.   BEST ENVIRONMENTAL PRACTICE
6, The term "best environmental practice" means the most appropriate
combination of measures to prevent diffuse pollution or to ensure that the
operation of anti-pollution equipment Is carried out In an'environmentally safe
manner. Best environmental practice includes both practical measures and
behaviour which respects the environment on the-one hand, and the
instruments used-to encourage adoption of such measures and behaviour
development on the other.
                                    t- 2-
 ---pagebreak---                                                          UNEP(OCA)/MED W G . 1 0 7 / 3
                                                             I        j     jpage 17
   7. In determining the activities the implementation of which must be
   compatible with best environmental practice, particular considération should
   be given to the following elements:
              the precautionary principle;
              environmental risks linked to:
                   the activity itself; and                          j
                   the production, utilisation and definitive elimination of the
                   products used in the framework of this activity; } and
              the possibility to modify the activities or to replace- them by less
              polluting ones.                                        i
   8. The time limits set for complying with the best environmental practice
   must take into consideration social and economic impact which could result
   from the diverse rate in the implementation of the best environmental practice.
   9. In defining the best environmental practice for a particular [diffuse
   pollution source, attention should at least be paid to:                j
   (a) measures, such as:
        (i)   making collection systems available to the public for jwastes
              hazardous to the environment; and                            j
                                                                      !     !
        (ii) making available systems for the recovery! recycling and/or safe
              elimination of wastes which would be environmentally junsafejifsuch
              systems were not provided; and                               |
   (b) behaviour and promotion tools, such as:
        (i)   the development and application of codes of good behaviour and
              good environmental practice;
        (ii) the provision of information and education to the publfp and to users
              about the environmental consequence of choice of products and
              particular behaviour they adopt;
        (iii) the establishment of systems of licensing, involving restrictions or
              banning of certain practices; and                            j
                                                               !        ;    |
        (iv) the application of economic instruments to limit the environmental
31            impact of activities or the use of certain products.]]
                                        21
 ---pagebreak---                                                             UNEP(OCA;/MED    WG.79/4
                                                                               Paae 1
            DRAFT PROTOCOL FOR THE PREVENTION OF POLLUTION
       OF THE MEDITERRANEAN SEA BY TRANSBOUNDARY MOVEMENTS
                  OF HAZARDOUS WASTES AND THEIR DISPOSAL
 The Contracting Parties to the present Protocol,
 Being Parties to the Convention for the Protection of the Mediterranean Sea against
 Pollution, adopted at Barcelona on 16 February 1S76,
 Conscious of the danger threatening the environment of the Mediterranean Sea area
 as a whole caused by the transboundary movements and disposa! of hazardous •
 wastes,
 Convinced that the most effective way of protecting human health and the marine
 environment from the dangers posed by hazardous wastes is the reduction and
 elimination of their generation, e.g. through substitution and other dean production
methods,
 Recognizing the increased will for the prohibition of transboundary movements of
hazardous wastes and their disposal in other States, especially in developing
countries.
Taking into account the 1992 Rio Declaration on Environment and Development and
especially Principle 14 which declares that States "should effectively cooperate to
discourage or prevent the relocation and transfer to other States cf any activities or
substances that cause severe environmental degradation or are found to be harmful
to human health",
Aware of the growing international concern regarding the need to ensure that pollution
originating in one State is not transferred to other States and, consistent with this
objective, and of the need to reduce transboundary movements of hazardous wastes
to a minimum as far as possible, with the ultimate aim of phasing out such
movements,
Recognizing also that any State has the sovereign right to ban the entry, transit or
disposal of hazardous wastes in its territory,
Taking into account also the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, adopted on 22 March 1989, in
                                             2-H
 ---pagebreak---  UNEP(OCA)/MED WG.7S/4
 Pace 2
                                                                                            \
 particular Article n , ar d decision 1/22 adopted by the First Meeting cf the Conference
 of the Parties tc the Easel Convention,
 Taking into account further that many States, among them Contracting Parties to the
 Barcelona Convention, have taken legal measures and entered into international
 agreements consister; with the Basel Convention to ban transboundary movements
 of hazardous wastes, for example, the Fourth ACP/EEC Convention signed in Lomé
 on 15 December 1 SES by the European Economic Community and the African,
Caribbean and Pacific Group of States, and the Bamako Convention en the Ban of the
Import into Africa and the Control of Transboundary Movement and Management of
Hazardous Wastes widiin Africa, adopted under the auspices of the Organization of
African Unity on 30 January 1991,
Recognizing further the differences in levels of economic and legislative development
among the various Mediterranean coastal States, and reaiizing that hazardous waste
should not be allcwec to be transported in order to take advantage of such economic
or legislative disparities to the detriment of the environment and of the social well-being
or developing countries,
Bearing in mind the fact that the most effective way of dealing with the threats
represented by wastes for human health and the environment consists of decreasing
or even prohibiting the transfer of activities which generate hazardous wastes,
Have agreed as fcilows:                                                          : "    ;
Article 1 - Definitions
For the purposes of this Protocol:
        (a) "Convention" means the Convention for the Protections*' the Mediterranean
        Sea against Pollution, adopted at Barcelona on 16 February 1976;
        (b)    A "Party" means a Contracting Party to this Protocol in accordance with
       Article 23, paragraph 1, of the Convention;
        (c) "Wastes" means substances or material which are disposed of or are
       intended to be disposed of or are required to be disposed of by the provisions
       of national law;
        (d) "Hazardous wastes" means wastes as specified in Article 2 of this Protocol;
        (e) "Disposal" means any operation specified in Annex III to this Protocol;
        (f) Transboundary movement" means any movement of hazardous wastes
       from an area under the national jurisdiction of one State to or through an area
                                             ^s
 ---pagebreak---                                                           UNEP(OCA)/MED WG.7S/4
                                                                              Pace 3
  under the national jurisdiction of another State or to or through an area not
  under the national jurisdiction of any State, provided at least two States are
  involved in the movement;
  (g)      "Approved site or facility" means a site or facility for the disposal of
  hazardous wastes which is authorized or permitted to operate fcr this purpose
  by a relevant authority of the State where the site or facility is Iccated;
  (h)      "Competent authority" means one governmental authority designated by
  a Party to be responsible, within such geographical areas as the Party may
  think fit for receiving the notification of a transboundary movement of hazardous
 waste, and any information related to it, and for responding to such a
  notification;
  (i)     "Clean production methods" means those which avoid the generation of
 hazardous wastes in conformity with Articles 4 and 7 of this Protocol;
  Q)      "Environmentally sound management" of hazardous wastes means taking
 ail practicable steps to ensure that hazardous wastes are collected, transported
 and disposed of (including after-care of disposal sites) in a manner which will
 protect human health and the environment against the adverse effects which
 may result from such wastes;
 (k)     ^Area under the national jurisdiction of a State" means any land, marine
 area or airspace within which a State exercises administrative and regulatory
 responsibilities in accordance with international law in regard to the protection
 of human health or the environment;
 (I)      "State of export" means a Party from which a transboundary movement
of hazardous wastes is planned to be initiated or is initiated;
 (m)      "State of import" means a Party to which a transboundary movement of
hazardous wastes is planned or takes place for the purpose of disposal therein
or for the purpose of loading prior to disposal in an area not under the national
jurisdiction of any State;
 (n)      "State of transir means any State, other than the State of export or
import, through which a movement of hazardous wastes is planned or takes
place;
(o)       "Exporter" means any person under the jurisdiction of the State of export
who arranges for hazardous wastes to be exported;
(p)       "Importer" means any person under the jurisdiction of the State of import
who arranges for hazardous wastes to be imported;
                                                     ZG
 ---pagebreak---   UNEP(OCA)/MED WG.7S/4
  Pace 4
          (q)    "Generator" means any person whose activity produces hazardous
          wastes or, if that person is not known, the person who is in possession and/cr
          control of those wastes;
          (r)    "Disposer" means any person to whom hazardous wastes are shipped
         and who carries out the disposal of such wastes;
          (s)    "Illegal traffic" means any transboundary movement c: hazardous wastes
         as specified ir Article 8;
         (t) "Person" means -any natural or legal person;
         (u) "Developing countries" means those countries which are not Member
         States of the Organization for Economic Co-operation and Development
         (OECD); n
         (v) "Developer countries" means those-countries which are Member States of
        the Organization for Economic Co-operation and Development (OECD); n
         (w)    "Organization" means the body referred to in Article 2 (b) of the
        Convention.
Article 2 - Scooe of tre Protocol '"'
 1.     Hazardous wastes for the purposes of this Protocol shall be:
        (a) Wastes that belong to any category in Annex 1 to this Protocol;
        (b) Wastes that are not covered under paragraph (a) above but are defined as,
        or are considered to be, hazardous wastes by the domestic legislation of the
        State of export, import or transit;
        (c) Wastes that possess any of the characteristics contained in Annex II to this
        Protocol;
*      Reservation     by   Israel
**     Reservation     by   the European Economic Community
**     Reservation     by   France
**     Reservation     by   Spain
                                               Z?f
 ---pagebreak---                                                                 UNEP(OCA)/MED WG.79/4
                                                                                   Page 5
          (d) Hazardous substances that have been banned, whose registration has
          been canceled or refused through government regulatory action in the country
          of manufacture for human health or environmental reasons, or have been
          voluntarily withdrawn or omitted from the government registration required for
          use in the country of manufacture.
  2.      Wastes which derive from the normal operations of ships, the discharge of
  which is covered by another international instrument, are excluded from the scope of
  this Protocol.
 3.       The generator, the exporter or the importer, depending on the circumstances,
 shall bear the responsibility for checking with the competent authorities of the State of
 export, import or transit that a particular wastq, prior to its transboundary movement,
 is not subject to this Protocol.
 Article 3 - National definitions of hazardous wastes
 1.      "Each Party to the Convention shall, within six months of becoming a Party,
 inform the Organization of the wastes, other than those listed in Annex I to this
 Protocol, considered or defined as hazardous wastes under its national legislation, and
 of any requirements concerning transboundary movement procedures applicable to
 such wastes.
 2.      Each Party shall subsequently inform the Organization of any significant
 changes in information it has provided pursuant to paragraph 1 of this Article.
3.       The Organization shall inform all Parties of the information it has received
pursuant to paragraphs 1 and 2 of this Article.
4.       The Parties shall be responsible for making the information transmitted to them
by the Organization under paragraph 3 of this Article available to their exporters.
Article 4 - General obligations
1.       The Parties shall take all appropriate measures to prevent and eliminate
pollution of the Mediterranean Sea area which can be caused by transboundary
movements and disposal of hazardous wastes.
2.      The Parties shall take all appropriate measures to reduce to a minimum, and
where possible eliminate, the generation of hazardous wastes.
3.      The Parties shall also take all appropriate measures to reduce to a minimum the
transboundary movement of hazardous wastes, and if possible to eliminate such
movement in the Mediterranean.
                                          i%
 ---pagebreak---   UNEP(OCA)/MED WG.7S/4
  Pace 6
         To achieve this coal, Parties have the right individually or ccilectively to ban the
 import of hazardous wastes. Other Parties shall respect this sovereign decision and
 not permit the expcr. of hazardous wastes to States which have prohibited their
 import.
 4.      AH Parties shall take appropriate legal, administrative and other measures within
 the area under their ju.-isdiction to prohibit the export and transit of hazardous wastes
 to developing countries, and Parties which are not Member States of the European
 Economic Community shall prohibit all imports and transit of hazardous wastes.'*'
 5.      The Parties sr.ail cooperate with other United Nations agencies, relevant
 international and regional organizations in order to prevent illegal traffic, and shall take
 appropriate measures to achieve this goal, including criminal punishment measures
 in accordance with their national legislation.
 Article 5 - Transboundary movement and notification procedures
         In exceptional cases, unless otherwise prohibited, when hazardous wastes
 cannot be disposed cf in an environmentally sound manner in the country in which
they originated, transboundary movements of such wastes can be allowed if:
 1.      The special situation of the Mediterranean developing countries which do not
have the technical capabilities nor the disposal facilities for the environmentally sound
management of hazardous wastes is taken into consideration.                        :
2.      The competent authority of the State of import ensures that the hazardous
waste is disposed of in an approved site or facility with the technical capacity for its
environmentally sound disposal.
3.      The transboundary movement of hazardous wastes only takes place with the
prior written notification of the State of export as specified in Annex IV to this Protocol,
and the prior written consent of the State(s) of import and the State(s) of transit.
4.       Every State involved in a transboundary movement ensures that such
movement is consistent with international safety standards and financial guarantees,
in particular the procedures and standards set out in the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposal.
        Reservation by the European Economic Community
                                               £<9
 ---pagebreak---                                                                 UNEP(OCA)/MED WG.79/4
                                                                                      Page 7
  Article 6 - Duty to reimport
          The State of export shall reimport the hazardous wastes if the transboundary
  movement cannot be completed by reason of impossibility of performance of the
 contract. To this end, any State of transit shall not oppose, hinder or prevent the
 return of those wastes to the State of export after being properly informed by the State
 of export.
 Article 7 - Regional cooperation
 1.       In conformity with Article 11 of the Convention, the Parties shall cooperate as
 far as possible in scientific and technological fields related to pollution from hazardous
 wastes, particularly in the implementation and development of new methods for
 reducing and eliminating hazardous waste generated through dean production
 methods.
 2.       To this end, the Parties shall submit annual reports to the Organization-
 regarding the hazardous wastes they generate and transfer within the area of the
 Convention in order to enable the Organization to produce a hazardous waste audit.
 3.      Tne Parties shall cooperate in taking appropriate measures to implement the
 precautionary approach based on prevention of pollution problems arising from
 hazardous wastes and their transboundary movement and disposal. To this end, the
 Parties shall ensure that clean production methods ere applied to production
processes.
Article 8 - Illegal traffic
1.       For the purpose of this Protocol, any transboundary movement of hazardous
wastes in contravention of this Protocol or of general principles of international law
shall be deemed to be illegal traffic.
2.       Each Party shall introduce appropriate national legislation to prevent and punish
illegal traffic, including criminal penalties on all persons involved in such illegal
activities.
3.       In the case of illegal traffic due to the conduct of the generator or the exporter,
the State of export shall ensure that the wastes in question are taken back by the
exporter or the generator or, if necessary, by itself, into the State of export within 30
days from the time the illegal traffic has come to its attention and that appropriate legal
action shall be taken against the contravenor(s).
4.       In the case of illegal traffic due to the conduct of the importer or disposer, the
State of import shall ensure that the wastes in question are eliminated according to
environmentally sound methods by the importer within 30 days from the time the illegal
                                            3o
 ---pagebreak---    UNEP(OCA)/MED W3.7S/4
  Pace S
  traffic has come to tre attention of the State of import; if not possible, the State of
  export shall ensure tr\at the wastes are taken back by the exporter, the generator or,
  if necessary, by itser into the State of export. The competent authorities of the
  importing or exporting States shall ensure that legal proceedings according to this
  Protocol are taken against the contravenor(s).
  5.       In cases where the responsibility for the illegal traffic canr.c: be assigned either
  to the exporter or gererator or to the importer or disposer, the panes concerned or
  other parties, as app'opriate, shall ensure, through cooperation that the wastes in
  question are disposer of as soon as possible in an environmentally sound manner
  either in the State of export or the State of import or elsewhere as appropriate.
 6.       The Parties shail forward, as soon as possible, ail informaticn relating to illegal
 traffic to the Organization, which shall distribute the informaticn to ail Contracting
 Parties.
 7.       Tne Parties shail cooperate to ensure that no illegal traffic takes place. Upon
 request, the Organization shall assist Parties in their identification of cases of illegal
 traffic and shall circulate immediately to the Parties concerned any information it has
 received regarding illegal traffic.
 8.       The Organization shall undertake the necessary coordination with the
•Secretariat of the Easel Convention in relation to the effective prevention and
 monitoring of illegal traffic in hazardous wastes. Such coordination will be mainly
 based on:
          (a)    Exchange of information on cases or alleged cases cf. iilegal traffic in the
                 Mediterranean and coordination of action to remedy such cases;
          (b)    Providing assistance in the field of capacity building including
                 development of national legislation and of appropriate infrastructure in
                 the Mediterranean States with a view to the prevention and penalization
                 of illegal traffic of hazardous wastes;
          (c)    The establishment of a mechanism to prevent and monitor illegal traffic
                 in hazardous wastes in the Mediterranean.
Article 9 - Assistance to developing countries
1.        The Parties shall, directly or with the assistance of competent or other
international organizations or bilaterally, cooperate with a view to formulating and
implementing programmes of financial and technical assistance to developing
countries for the implementation of this Protocol.
                                              3/1
 ---pagebreak---                                                                  UNEP(OCA)/MED WG.79/4
                                                                                       Page 9
  2.       To that purpose, the first meeting of the Parties to this Protocol should consider
  the establishment of a regional centre for training and technical assistance in the field
  of hazardous wastes.
  Article 10 - Transmission of information                            .
          Tne Parties shall inform one another through the Organization of measures
 taken, of results achieved and, if the case arises, of difficulties encountered in the
 application of this Protocol. Procedures for the collection and distribution of such
 information shall be determined at the meetings of the Parties.
 Article 11 - Information to and participation of the public
 1.       In the exceptional cases in which transboundary movement-of hazardous
 wastes is permitted under Article 5 of this Protocol, the Parties snail ensure that"
 adequate information is made available to the public transmitted through such
 channels as the Parties deem appropriate.
 2.      The State of export and the State of import shall, in accordance with the
 provisions of this Protocol and whenever possible and appropriate, give the public an
 opportunity to participate in relevant procedures with the aim of making known its
 views and concerns.
 Article 12 - Verification
 1.      Any Party which has reason to believe that another Party is acting or has acted
in breach of its obligations under this Protocol must inform the Organization thereof,
and, in such an event, shall simultaneously and immediately inform, directly or through
the Organization, the Party against whom the allegations are made.
2.       The Organization shall carry out a verification of the substance of the allegation
and submit a report thereon to the Parties.
Article 13 • Liability and compensation
         The Parties shail cooperate with a view to setting out, as soon as possible,
appropriate guidelines for the evaluation of the damage, as well as rules and
procedures in the field of liability and compensation for damage resulting from the
transboundary movement and disposal of hazardous wastes.
                                         3 2.
 ---pagebreak---   UNE?(OCA)/MED WG.79/4
  Page 10
 Article U - Meetings
  1.      Ordinary meetings of the Parties shall take place in conjunction with ordinary
 meetings of the Contracting Parties to the Convention held pursuant to Article 14 of
 the Convention. The Parties to this Protocol may also hold extraordinary meetings in
 conformity with Artice 14 of the Convention.
 2.      Tne functions of the meetings of the Parties shall be, inter alia:
          (a)   To keep under review the implementation of this Protocol, and consider
         any additional "neasures, including in the form of annexes;
         (b)    To revise and amend any annex to this Protocol;
         (c)    To forr-.ulate and adopt programmes, methods and measures in
       • accordance win the relevant Articles of this Protocol;
         (d) To consicc" any information submitted by the Parties to the Organization or
        to the meetings of the Parties in accordance with the relevant Articles of this
         Protocol;
         (e) To perforrr such other functions as may be appropriate for the application
        of this Protocc.
Article 15 - Adoption.
        The meeting, cf the Parties shall adopt, by a two-thirds (2/3) majority, any
additional programmes and measures for the prevention and elimination of pollution
from transboundary movements of hazardous wastes and their disposal.
Article 16 - Final clauses
1.      The provisions of the Convention relating to any Protocol shall apply with
respect to this Protocol.
2.      The rules of procedure and the financial rules adopted pursuant to Article 18
of the Convention shall apply with respect to this Protocol, unless the Parties to this
Protocol agree otherwise.
3.      This Protocol shall be open for signature at                            , from
                              to             and at Madnd from
              ___                          »                     _J                to
                  , by any State invited to the Conference of Plenipotentiaries of the
Coastal States of the Mediterranean Region on the Prevention of Pollution of the
                                      S3
 ---pagebreak---                                                                 UNEP(OCA)/MED WG.79/4
                                                                                     Paac 11
 Mediterranean Sea resulting from the Transboundary Movements of Hazardous
Wastes and their Disposal held at                            __ from                       to
                . It shall also be open until the same dates for signature by the
 European Economic Community and by any similar regional economic grouping of
which at least one member is a coastal State of the Mediterranean Sea Area and
which exercises competence in the fields covered by this Protocol.
4.      This Protocol shall be subject to ratification, acceptance or approval.
 Instruments of ratification, acceptance or approval shall be deposited with the
Government of Spain, which will assume the functions of Depositary.
5.      As from                      , this Protocol shall be open for accession by the
States referred to in paragraph 3 above, by the European Economic Community and
by any grouping referred to in that paragraph.
6.      This Protocol shall enter into force on the thirtieth (30) day following the deposit
of at least six (6) instruments of ratification, acceptance or approval of, or accession
to, the Protocol by the Parties referred to in paragraph 3 of this Article.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective"
Governments, have signed this Protocol.
Done at                   on this          day of                    in a single copy in the
Arabic, English, French, and Spanish languages, the four texts being equally
authoritative.
                                              3H
 ---pagebreak---   UNE?(CCA)/MED W3.7S/4
 Appendix
 page 12
                                      ANNEX       n
         CATEGORIES OF WASTES WHICH ARE HAZARDOUS WASTES
 Waste Streams:
 YO    All wastes containing or contaminated by radionuclides, the concentration or
       properties of which result from human activity
 Y1    Clinical wastes from medical care in hospitals, medical centres and clinics
Y2     Wastes from the production and preparation of pharmaceutical products
Y3     Waste pharmaceuticals, drugs and medicines
Y4     Wastes from the production, formulation' and use of biocides and
       phytopharmaceuticals
Y5     Wastes from manufacturing, formulation and use of wood preserving chemicals
Y6    Wastes from the production, formulation and use of organic solvents
Y7    Wastes from heat treatment and tempering operations containing cyanides
Y8    Waste mineral oils unfit for their originally intended use
Y9    Waste oils/water, hydrocarbons/water mixtures, emulsions
Y10   Waste substances and articles containing or contaminated with polychlorinated
      biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or
      polybrominated biphenyls (PBBs)
Y11   Waste tarry residues arisingfromrefining, distillation and any pyrolytic treatment
Y12   Wastes from production, formulation and use of inks, dyes, pigments, paints,
      lacquers, varnish
Y13   Wastes from production, formulation and use of resins, latex, plasticizers,
      glues/adhesives
      Reservation by the European Economic Community
      Reservation by France
      Reservation by Spain
                                         %s
 ---pagebreak---                                                          UNEP(OCA)/MED WG.7S/4
                                                                           Appendix
                                                                            page 13
Y14    Waste chemical substances arising from research and development or teaching
       activities which are not identified and/or are new and whose effects on man
       and/or the environment are not known
Y15    Wastes of an explosive nature not subject to other legislation
Y16    Wastes from production, formulation and use of photographic chemicals and
       processing materials
Y17   Wastes resulting from surface treatment of metals and plastics
Y18    Residues arising from industrial waste disposal operations
Y46   Wastes collected from households, including sewage and sewage sludges
Y47   Residues arising from the incineration of household wastes
Wastes having as constituents:
Y19   Metal carbonyls
Y20   Beryllium; beryllium compounds
Y21   Hexavalent chromium compounds                                                '
Y22   Copper compounds
Y23  Zinc compounds
Y24  Arsenic; arsenic compounds
Y25  Selenium; selenium compounds
Y26  Cadmium; cadmium compounds
Y27  Antimony; antimony compounds
Y28  Tellurium; tellurium compounds
Y29  Mercury; mercury compounds
Y30  Thallium; thallium compounds
Y31   Lead; lead compounds
Y32   Inorganicfluorinecompounds excluding calcium fluoride
                                          •3C       '
 ---pagebreak---  UNEr(OCA)/M€D WG.7S/4
Appendix
page 14
Y33   Inorganic cyandes
          »
Y34   Acidic solutions or acids in solid form
Y35   Basic solutions, or bases in solid form
Y36   Asbestos (dust and fibres)
Y37   Organic phcspnorus compounds
Y38   Organic cyanic es
Y39   Phenols; phenolic compounds including chlorophenols
Y40   Ethers
Y41   Halcgenated organic solvents
Y42  Organicsolvertts excluding halogenated solvents
Y43  Any congener of polychlorinated dibenzo-furan
Y44  Any congener of polychlorinated dibenzo-p-dioxin
Y45  Organohalogen compounds other than substances referred to in thfe Annex
     (e.g. Y39, Y41, Y42, Y43, Y44).
                                            31
 ---pagebreak---                                                           UNEP(OCA)/MED WG.79/4
                                                                              Appendix
                                                                               page 15
                                      ANNEX II
                   LIST OF HAZARDOUS CHARACTERISTICS
 UN     Code        Characteristics
 Class"
 1       H1         Explosive
                   An explosive substance or waste is a solid or liquid substance or
                   waste (or mixture of substances or wastes) which is in itself
                    capable by chemical reaction of producing gas at such a
                   temperature and pressure and at such a speed as to cause
                   damage to the surroundings.
        H3          Flammable liquids
                   The word "flammable" has the same meaning as "inflammable".^
                   Flammable liquids are liquids, or mixtures of liquids, or liquids
                   containing solids in solution or suspension (for example paints,
                   varnishes, lacquers, etc., but not including substances or wastes
                   otherwise classified on account of their dangerous characteristics)
                   which give off a flammable vapour at temperatures of not more
                   than 60.5 degrees C, closed-cup test, or not more than 65.6
                   degrees C, open-cup test. (Since the results of open-cup tests
                   and of closed-cup tests are not strictly comparable and even
                   individual results by the same test are often variable, regulations
                   varying from the above figures to make allowance for such
                   difference would be within the spirit of this definition.)
4.1 * H4.1         Flammable solids
                   Solids, or waste solids, other than those classed as explosives,
                   which under conditions encountered in transport are readily
                   combustible, or may cause or contribute to fire through friction.
4.2    H4.2        Substances or wastes liable to spontaneous combustion
                   Substances or wastes which are liable to spontaneous heating
                   under normal conditions encountered in transport, or in heating
                   up on contact with air, and being liable to catch fire.
       Corresponds to the hazardous classification system included in the United
        Nations Recommendations on the Transport of Dangerous Goods
        (ST/SG/AC.10/1/Rev.5, United Nations, New York, 1988)
                                       ' 3 *        •
 ---pagebreak---  UNEP(QCA)/Me3 W3.7S/4
 Appendix
 page 16
 4.3' 'H4.3     S jbstances or wastes which, in contact with water emit flammable
                cases
                S jbstances or wastes which, by interaction with water, are liable
                tc become spontaneously flammable or to give off flammable
                cases in dangerous quantities.
 5.1   H5.1     Oxidizing
                S jbstances or wastes which, while in themselves not necessarily
                combustible, may generally by yielding oxygen, cause or
                contribute to the combustion of other materiais.
 5.2   H5.2     Organic peroxides
                Organic substances cr wastes which contain the bivalent-O-O-
                structure are thermally unstable substances v^nlch may undergo
                exothermic self-accelerating decomposition.-
6.1    H6.1     Poisonous (Acute)
               Substances or wastes liable either to cause death or serious
               injury or to harm human health if swallowed or inhaled or by skin
               contact                                                    .
6.2   H6.2     Infectious substances
               Substances or wastes containing viable micrccrganisms or their
               toxins which are known or suspected to cause disease in animals
               or humans.
8     H8       Corrosives
               Substances or wastes which, by chemical action, will cause
               severe damage when in contact with living tissue, or in the case
               of leakage, will materially damage, or even destroy, other goods
               or the means of transport; they may also cause other hazards.
9     H10      Liberation of toxic gases in contact with air or water
               Substances or wastes which, by interaction with air or water, are
               liable to give off toxic gases in dangerous quantities.
9     H11      Toxic (Delayed or chronic)
               Substances or wastes which, if they are inhaled or ingested or if
               they penetrate the skin, may involve delayed or chronic effects,
               including carcinogenicity.
                                       3^
 ---pagebreak---                                          UNEP(OCA)/MED WG.79/4
                                                             Appendix
                                                              page 17
H12 Ecotoxic
    Substances or wastes which if released present cr may present
    immediate or delayed adverse impacts on the environment by
    means of bioaccumulation and/or toxic effects upon biotic
    systems.
H13 Capable, by any means, after disposal, of yielding another
    material, e.g. leachate, which possesses any of the characteristics
    listed above.
                                  40
 ---pagebreak---  UNEPrOrA)/MÊD WG.79/4
 Apper.cU*
 page 18
                                        ANNEX III
                              DISPOSAL OPERATIONS
        The list of disposal operations contained in this Annex refects those which
 occur or have occurred in practice. It does not necessarily reflect a list of acceptable
 disposal operations. Pursuant to Articies 4 and 5 of this Protocol, hazardous wastes
 must in any event be managed in an environmentally sound manner.
 A.     Operations which do not lead to the possibility of resource recovery,
        recycling, reclamation, direct reuse or alternative uses.
        Section À encompasses all such disposal operations whicr occur in practice.
D1     Deposit into or onto land (e.g. landfill^ etc.)
D2     Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)
D3     Deep injection (e.g. injection of pumpable discards into wells, salt domes or
       naturally occurring repositories, etc.)
D4     Surface impoundment (e.g. placement of liquid or sludge discards Into pits,
       ponds, lagoons, etc.)
05     Specially engineered landfill (e.g. placement into lined discrete cells which are
       capped and isolated from one another and the environment, etc.)
D6     Release into a water body except seas/oceans
D7     Release into seas/oceans including sea-bed insertion
D8     Biological treatment not specified elsewhere in this Annex which results in final
       compounds or mixtures which are discarded by means of any of the operations
      in Section A
D9     Physico-chemical treatment not specified elsewhere in this Annex which results
      in final compounds or mixtures which are discarded by means of any of the
      operations in Section A (e.g. evaporation, drying, calcination, neutralization,
      precipitation, etc.)
D10   Incineration on land
D11   Incineration at sea
D12   Permanent storage (e.g. emplacement of containers/in mines, etc.)
 ---pagebreak---                                                          UNEP(OCA)/MED WG.79/4
                                                                            Appendix
                                                                             page 1S
 D13  Blending or mixing prior to submission to any of the operations in Section A
 D14  Repackaging prior to submission to any of the operations in Section A
D15  Storage pending any of the operations in Section A
B.   Operations which may lead to resource recovery, recycling, reclamation,
     direct reuse or alternative uses.
     Section B encompasses all such operations with respect to materials legally
     defined as or considered to be hazardous wastes and which otherwise would
     have been destined for operations included in Section A.
R1   Use as a fuel (other than in direct incineration) or other means to generate
     energy                                            ;
R2   Solvent reclamation/regeneration
R3   Recycling/reclamation of organic substances which are not used as solvents
R4   Recycling/reclamation of metals and metal compounds
R5   Recycling/reclamation of other inorganic materials
R6   Regeneration of acids or bases
R7   Recovery of components used for pollution abatement
R8   Recovery of components from catalysts
R9   Used oil re-refining or other reuses of previously used oil
R10  Land treatment resulting in benefit to agriculture or ecological improvement
R11  Uses of residual materials obtained from any of the operations numbered R1-
     R10
R12  Exchange of wastes for submission to any of the operations numbered R1-R11
R13  Accumulation of material intended for any operation in Section B
                               42
 ---pagebreak---  UNEP(OCA)/MED W3.7S/4
 Appendix
 page 20
                                    ANNEX IV (A)
              INFORMATION TO BE PROVIDED ON NOTIFICATION
 1.    Reason for waste export;
 2.    Exporter of the waste J./;
 3.    Generator(s) cf the waste and site of generation 1 / ;
4.     Importer and disposer of the waste and actual site of disposal 1 / ;
5.     Intended carrier(s) of the waste or their agents, if known U;
6.     Country of export of the waste
      Competent authority 2/;
7.    Expected countries of transit
      Competent authority 2/;
8.    Country of import of the waste
      Competent authority 2/;
9.    Projected date(s) of shipment(s) and period of time over which waste is to be
      exported and proposed itinerary (including point of entry and exit) 3/;
10.   Means of transport envisaged (road, rail, sea, air, inland waters);
11.   Information relating to insurance 4/;
12.   Designation and physical description of the waste including Y number and UN
      number and its composition 5/ and information on any spedal handling
      requirements including emergency provisions in case of accidents;
13.   Type of packaging envisaged (e.g. bulk, drums, tanker);
14.   Estimated quantity in weight/volume jg/;
15.   Process by which the waste is generated 7/;
16.   Code according to ANNEX I, dassifications according to ANNEX 11, H number,
      and UN dass;
17.   Method of disposal as per ANNEX III;
 ---pagebreak---                                                          UNEP(OCA)/MED WG.79/4
                                                                            Appendix
                                                                             page 21
 18.   Declaration by the generator and exporter that the information is correct;
 19.   Information transmitted (including technical description of the plant) to the
       exporter or generator from the disposer of the waste upon which the latter has
       based his assessment that there is no reason to believe that the waste will not
       be managed in an environmentally sound manner in accordance with the laws
       and regulations of the country of import;
20.    Information concerning the contract between the exporter and the disposer.
                                       NOTES
      The Organization should make use of a Notification Form and accompanying
documents such as those developed within the framework of the Basel Convention,
the OECD and the European Economic Community. '                                      ,
1/     Full name and address, telephone, telex or telefax number and the name,
      address, telephone, telex or telefax number of the person to be contacted.
2/    Full name and address, telephone, telex or telefax number.
3/    In the case of a general notification covering several shipments, either the
      expected dates of each shipment or, if this is not known, the expected
      frequency of the shipments will be required.
4/    Information to be provided on relevant insurance requirements and how they
      are met by exporter, carrier and disposer.
5/    The nature and the concentration of the most hazardous components, in terms
      of toxicity and other dangers presented by the waste both in handling and in
      relation to the proposed disposal method.
6/    In the case of a general notification covering several shipments, both the
      estimated total quantity and the estimated quantities for each individual
      shipment will be required.
7/    Insofar as this is necessary to assess the hazard and determine the
      appropriateness of the proposed disposal operation.
                                     iw
 ---pagebreak---   UNEP(OCA), MED y.-G.7p/4
 Appendix
 page 22
                                      ANNEX IV (B)
      INFORMATION' TO BE PROVIDED ON THE MOVEMENT DOCUMENT
 1.     Exporter of tre waste 1 / ;
 2.     Generator(s) of the waste and site of generation!/;
 3.     Disposer of tr-e waste and actual site of disposal 1 / ;
 4.     Carrier(s) of r.e waste 1 / cr his ager.t(s);
 5.    The date the ransboundary movement started and date(s) and signature on
       receipt by eacn person who takes charge of the waste;
 6.    Means of transport (road, rail, inland waterway, sea, air) including countries of
       export, transit and import, also point of entry and exit where these have been
       designated;
7.     General description of the waste (physical state, proper UN shipping name and
       class, UN number, Y number and H number as applicable);
8.     Information or. special handling requirements including emergency provision in
       case of accidents;
9.     Type and number of packages;
10.    Quantity in weight/volume;
11.    Declaration by the generator or exporter that the information is correct;
12.    Dedaration by the generator or exporter indicating no objection from the
       competent authorities of all States concerned which are Parties;
                                                                <
13.    Certification by disposer of receipt at designated disposal facility and indication
      of method of disposal and of the approximate date of disposal.
14.   The insurance documents, bond or other guarantee as may be required by the
       Parties, as provided in Article 5, paragraph 4.
                                         NOTES
      The Organization should make use of a Movement Document and
accompanying documents such as those developed within the framework of the Basel
Convention, the OECD and the European Economic Community.
 ---pagebreak---                                                           UNEP(OCA)/MED WG.79/4
                                                                             Appendix
                                                                              page 23
       The information required on the Movement Document shall where possible be
integrated in one document with that required under (transport rules. Where this is not
possible, the information should complement rather than duplicate that required under
the transport rules. The Movement Document shall carry instructions as to who is to
provide information and fill out any form.
1/     Full name and address, telephone, telex or telefax number and the name,
       address, telephone, telex or telefax number of the person to be contacted in
       case of emergency.
                                            he
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