CELEX: 51992PC0169
Language: de
Date: 1992-05-06
Title: Vorschlag für einen BESCHLUSS DES RATES über die Unterzeichnung eines Protokolles zum Schutz des Mittelmeers von Verschmutzung durch Erforschung und Nutzung des Festlandsockels, des Meeresbodens und des Meeresuntergrunds (Übereinkommen von Barcelona)

KOMMISSION DER EUROPÄISCHEN GEMEINSCHAFTEN
                                        K0M(92) 169 endg.
                                        Brüssel, den 6 . Mai 1992
                          Vorschlag für einen
                          BESCHLUSS DES RATES
             Über die Unterzeichnung eines Protokolles
           zum Schutz des Mittelmeers vor Verschmutzung
        durch Erforschung und Nutzung des Fest landsockeIs,
            des Meeresbodens und des Meeresuntergrunds
                   (Übereinkommen von Barcelona)
                    (von der Kommission vorgelegt)
 ---pagebreak---  Vorschlag für einen Beschluß des Rates über die Unterzeichnung eines
 Protokolles zum Schutz des Mittelmeers gegen Verschmutzung durch die
 Erforschung und Nutzung des Fest landsockeIs, des Meeresbodens und des
 Meeresuntergrunds (Übereinkommen von Barcelona)
                                    BEGRÜNDUNG
    Die Gemeinschaft ist Vertragspartei des Übereinkommens zum Schutz des
    Mittelmeers gegen Verschmutzung*1). Desgleichen hat sie die vier
    nachstehenden Protokolle unterzeichnet, die im Rahmen des Übereinkommens
    angenommen worden sind: Das Protokoll zur Verhütung der Verschmutzung
    des Mittelmeeres durch das Einbringen durch Schiffe und
    Luftfahrzeuge*1), das Protokoll über die Zusammenarbeit bei der
    Bekämpfung der Verschmutzung des Mittelmeers durch öl und andere
    Schadstoffe*2), das Protokoll über den Schutz des Mittelmeeres gegen
    Verschmutzung vom Lande aus* 3 ), sowie das Protokoll über die besonderen
    Schutzgebiete des Mittelmeers*4).
    Anläßlich ihrer Vierten ordentlichen Sitzung (Genua, September 1985)
    haben die Vertragsparteien des Übereinkommens von Barcelona gemäß
    Artikel 7 des Übereinkommens die Ausarbeitung eines Protokoll es zum
    Schutz des Mittelmeers gegen Verschmutzung durch die Erforschung und
    Nutzung des Fest landsockeIs, des Meeresbodens und des Meeresuntergrunds
    (Protokoll "off-shore") beantragt.
    Der Entwurf eines Protokolls wurde vom Sekretariat ausgearbeitet und die
    Sechste ordentliche Sitzung der Vertragsparteien (Athen,
    3.-6. Oktober 1989) hat die Einberufung der Sitzung der Arbeitsgruppe
    von Sachverständigen beschlossen, die von den Vertragsparteien benannt
    werden, um den Entwurf des Protokolls "off-shore" zu prüfen und in seine
    endgültige Fassung zu bringen sowie diesen einer Konferenz der
    Bevollmächtigten zu empfehlen, die zu diesem Zweck zu einem späteren
    Zeitpunkt einberufen werden soll. Sitzungen der Sachverständigengruppe
    haben vom 7. bis zum 11. Mai 1990 in Athen, vom 8. bis zum
    11. Januar 1991 sowie am 4. und 5. Oktober 1991 in Kairo vor der Siebten
   ordentlichen Sitzung der Vertragsparteien (Kairo vom 8. bis
    12. Oktober 1991) stattgefunden.
   Von Anfang an hat die Kommission an den Arbeiten der mit der
   Ausarbeitung des Protokollentwurfs befaßten Arbeitsgruppe teilgenommen.
(1)     Beschluß des Rates 77/585/EWG    ABI. Nr. L 240 vom 19.9.1977
(2)     Beschluß des Rates 81/420/EWG    ABI. Nr. L 162 vom 19.6.1981
(3)     Beschluß des Rates 83/101/EWG    ABI. Nr. L 67 vom 12.3.1983.
(4)     Beschluß des Rates 84/132/EWG    ABI. Nr. L 68 vom 10.3.1984.
 ---pagebreak--- 5. Die Kommission hat dem Rat im Juni 1989 eine Empfehlung für einen
   Beschluß des Rates zur Ermächtigung der Kommission vorgelegt, an den
   Verhandlungen über das oben erwähnte Protokoll (Dok. SEK(89) 928 endg.)
   teilzunehmen. Am 4.2.1991 (Dok. Nr. 4252/91) hat der Rat die Kommission
   ermächtigt, im Rahmen der Gemeinschaftszuständigkeit an den
   Verhandlungen zum "Off-shore"-ProtokolI gemäß der ihr erteilten
   Verhandlungsdirektiven teiIzunehmen.
6. Der zur Zeit vorliegende Entwurf des Protokolls wird Gegenstand
   abschließender Verhandlungen anläßlich der Konferenz der
   Bevollmächtigten sein, die vom ... bis zum ... 1992 stattfinden wird.
   Bei dieser Gelegenheit soll eine Lösung für die umstrittenen Punkte des
   Textes gefunden werden.
   Nach Annahme der endgültigen Fassung wird das Protokoll bei dieser
   Konferenz zur Unterzeichnung aufliegen.
7. Zu diesem Zweck wird der Rat ersucht, den Präsidenten zu ermächtigen,
   vorbehaltlich seines Abschlusses, im Namen der Gemeinschaft die zur
   Unterzeichnung des vorliegenden Protokolls befugte(n) Person(en) zu
   benennen.
 ---pagebreak---         VORSCHLAG FÜR EINEN BESCHLUSS DES RATES
       über die Unterzeichnung eines Protokolls
     zum Schutz des Mittelmeers vor Verschmutzung
durch die Erforschung und Nutzung des Fest landsockeIs,
      des Meeresbodens und des Meeresuntergrunds
             (Übereinkommen von Barcelona)
                                                        h
 ---pagebreak--- DER RAT DER EUROPÄISCHEN GEMEINSCHAFTEN -
gestützt auf den Vertrag zur Gründung der Europäischen
Wirtschaftsgemeinschaft,
auf Vorschlag der Kommission,
 in Erwägung nachstehender Gründe:
Die Gemeinschaft ist Vertragspartner des Übereinkommens zum Schutz des
Mittelmeers vor Verschmutzung (Übereinkommen von Barcelona) sowie der vier
dazugehörigen Protokolle.
 im Rahmen der von den Vertragsparteien des Übereinkommens von Barcelona
eingesetzten Arbeitsgruppe hat die Kommission an den Verhandlungen zur
Ausarbeitung eines Protokolls über die Verschmutzung durch die Erforschung
und Nutzung des Fest landsockeIs, des Meeresbodens und des Meeresuntergrunds
("Off-shore"-ProtokolI) teiIgenommen.
Die Anwendungsbereiche dieses Protokolls fallen, zumindest teilweise, in
die Zuständigkeit der Gemeinschaft.
Die Kommission hat den Rat über das Ergebnis der Verhandlungen
unterrichtet, um ihm die Abgabe einer endgültigen Stellungnahme zu
ermöglichen.
Das Protokoll soll anläßlich der Konferenz der Bevollmächtigten, die vom
... bis zum ... 1992 stattfinden wird, angenommen werden.
Es ist wichtig, daß dieses Protokoll, vorbehaltlich seines Abschlusses, von
der Gemeinschaft unterzeichnet werden kann.
BESCHLIESST:
                              EINZIGER ARTIKEL
Der Präsident des Rates wird ermächtigt, die Person(en) zu benennen, die
befugt ist (sind), im Namen der Gemeinschaft das Protokoll zum
Übereinkommen von Barcelona zum Schutz des Mittelmeers vor Verschmutzung
durch die Erforschung und Nutzung des Fest landsockeIs, des Meeresbodens und
des Meeresuntergrunds, gemäß Artikel 7 des Übereinkommens von Barcelona zu
unterzeichnen und ihm (ihnen) die hierfür erforderlichen Befugnisse zu
erteilen.
                                          Geschehen zu Brüssel, am
                                          Im Namen des Rates
                                          Der Präsident
                                                                             h
 ---pagebreak---   UNEP(OCA)/MED WG.30/4
 page 4
                        DRAFT PROTOCOL FOR THE PROTECTION OF THE
                MEDITERRANEAN SEA AGAINST POLLUTION RESULT1NG FROM
             EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND
                                   THE SEA-BED AND ITS SUBSOIL
                                              PREAMBLE
         The Contracting Parties to the present Protocol
         Being Parties to the Convention for the Protection of the Mediterranean Sea against Pollution,
 adopted at Barcelona on 16 February 1976.
         Bearing in mind article 7 of the said Convention,
         Bearing in mind the increase in the activities concerning exploration and exploitation of the
 Mediterranean sea-bed and its subsoil,
         Recognizing that the pollution which may result therefrom represents a serious danger to the
 environment and to human beings,
         Desirous of protecting and preserving the Mediterranean Sea from pollution resulting from
exploration and exploitation activities,
         Taking into account the Protocols related to the Convention for the Protection of the
Mediterranean Sea against Pollution, and. in particular, the Protocol concerning Cooperation in
Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of
Emergency. adopted at Barcelona on 16 February 1976, and the Protocol concerning Mediterranean
Specially Protected Areas, adopted at Geneva on 3 April 1982,
         Bearing in mind the relevant provisions of the United Nations Convention on the Law of the
Sea, done at Montego Bay on 10 December 1982,
         Recognizing the differences in levels of development between the coastal States, and taking
account of the economic and social imperatives of the developing countries,
         Have agreed as follows:
*
   The repräsentative of Turkey expressed a reservation.
                                                                                                        6
 ---pagebreak---                                                                                UNEP(OCA)/MED WG.30/4
                                                                                                     page 5
SECTIONI       -      GENERAL PROVISIONS
Artlcle 1       -     DERNITIONS
For the purposes of this Protocol:
(a)      "Convention" means the Convention for the Protection of the Mediterranean Sea against
         Pollution, adopted at Barcelona on 16 February 1976;
(b)      "Organization" means the body referred to in article 13 of the Convention;
(c)      "Resources" means all mineral resources, whether solid, liquid or gaseous;
(d)      "Acth/ities conceming exploration and/or exploitatlon of the resources in the Protocol Area"
         (hereinafter referred to as "acth/ities") means:
         (i)    Acth/ities of scientific research concerning the resources of the sea-bed and its subsoil;
         (ii)   Exploration acth/ities:
                      Seismological actrvities; surveys of the sea-bed and its subsoil; sample taking;
                      Exploration drilling;
         (iii)  Exploitation actrvities:
                      Installation of afixedstructure for the purpose of recovering resources. and actrvities
                      connected therewith;
                      Development drilling;
                      Recovery, treatment and storage;
                      Transportation to shore by pipellne and loading of ships;
                      Maintenance, repair and other ancillary Operations;
(e)      "Pollution" is defined as in article 2 Paragraph (a) of the Convention;
(0       "Installation" means any fixed orfloatingstructure, and any integral part thereof, that is engaged
         in actrvities, including, in particulan
          (i)   Fixed or mobile offshore drilling units;
          (ii)  Fixed or floating production units including dynamicälly positioned units;
          (iü)  Offshore storage facilities including ships used for this purpose;
          (iv)  Offshore loading terminals and transport Systems for the extracted products. such as
                submarine pipelines;
          (v)   Apparatus attached to it and equipment for the reloading. prccessing. storage and
                disposal of substances removed from the sea-bed or its subsoil;
                                                                                                              7
 ---pagebreak---    UNEP(OCA)/MED WG.30/4
   page6
   (g)       •Operator" means:
             (i)   The person authorized by the Party exercising Jurisdiction over the area where the
                   acth/ities are undertaken (hereinafter referred to as the "Competent State") in accordance
                   with this Protocol to carry out acth/ities; or
             (ii)  Any person who does not hold a valid authorizatipn within the meaning of this Protocol
                   but is de facto in overail control of the acth/ities;
  (h)       "Safety zone" means a zone established around installations in conformity with the provisions
            of general international law and technical requirements. with appropriate markings to ensure the
            safety of both navigation and the installations;
  (i)       "Wastes" means substances and materiais of any kind. form, or description which are intended
            to be abandoned or are abandoned in the Protocol Area and which might cause pollution;
  (j)       "Harmful or noxious substances and materiais" means substances and materiais of any kind.
            form or description, which might cause pollution, rf introduced into the Protocol Area;
  (k)       "Chemical Use Plan" means a plan drawn up by the Operator of any offshore Installation which
            shows:
            (i)   The Chemicals which the Operator intends to use in the Operations;
            (ii)  The purpose or purposes for which the Operator intends to use the chemicals;
            (iii) The maximum concentrations of the chemicals which the Operator intends to use within
                  any other substances. and maximum amounts intended to be used in any specified
                  period;
           (h/)   The area within which the chemical may escape into the marine environment;
 (1)       "Oil" means Petroleum in any form including crude ofl. fuel oil, oily Sludge, oü refuse and refined
           products and. without limiting the generality of the foregoing, includes the substances listed in
           the appendix to this Protocol;
 (m)       "Oily mixture" means a mixture with any oil content;
(n)        "Sewage" means:
           (i)    Drainage and other wastes from any form of toilets, urinals and water-closet scuppers;
           (ii)   Drainage from medical premises (dispensary, sick bay, etc.) via wash basins. wash tubs
                  and scuppers located in such premises;
           (iii)  Other waste waters when mixed with the drainages defined above;
(o)       "Garbage" means all kinds of victual, domestic and operational waste generated during the
          normal Operation of the installation a n d liable to be disposed of continuously or periodically,
          except those substances which are defined or listed eisewhere in this Protocol;
(p)       "Freshwater limit" means the place in water courses where, at low tides and in a period of low
          freshwater flow, there is an appreciable increase in salinity due to the presence of sea water.
       The representath/e of Turkey expressed a reservation.
                                                                                                               7>
 ---pagebreak---                                                                                    UNEP(OCA)/MED WG.30/4
                                                                                                         page7
Article 2        -      GEOGRAPHICAL COVERAGE *
 1.       The area to which this Protocol applies (referred to in thls Protocol as the "Protocol Area") shall
          be:
          (a)    The Mediterranean Sea Area as defined in article 1 of the Convention;
          (b)    Waters on the landward side of the baseiines from which the breadth of the territorial sea
                 is measured and extending, in the case of watercourses, up to the freshwater limit
2.        Any of the Contracting Parties to this Protocol (referred to In thls Protocol as "the Parties") may
          also include in the Protocol area wetiands or coastal areas of their territory.
Article 3        -      GENERAL UNDERTAWNGS
1.        The Parties shall take, indh/idually or through bilateral or multilateral Cooperation, all appropriate
          measures to prevent, abate. combat and control pollution in the Protocol Area resulting from
          actrvities, interalia by ensuring that the best available technology, environmentally effecth/e and
          economically appropriate, is used for this purpose.
2.        The Parties shall ensure that all necessary measures are taken so that actrvities do not cause
          Pollution.
SECTIONII -             AUTHORIZATION SYSTEM
Article 4        -      GENERAL PRINCIPLES
1.        All acth/ities in the Protocol Area, including erection on Site of installations, shall be subject to
          the prior written authorization for exploration or exploitation from the competent national
          authority of the Competent State. Such authority. before granting the authorization, should be
          satisfied that the Installation has been constructed according to international Standards and
          practice and that the Operator has the technical competence and the financial capacity to carry
          out the actrvities. Such authorization should be granted in accordance with the appropriate
          procedura, as defined by the competent national authority.
2.       Authorization shall be refused rf there are indications that the proposed actrvities are likety to
          cause sJgnrflcant adverse effects on the environment that could not be avoided by compliance
         with the conditlons laid down in the authorization and referred to in article 6, paragraph 3, of this
          Protocol.
3.       When considering approval of the siting of an Installation, the Competent State shall ensure that
          no detrimental effects will be caused by such siting to existing installations. in particular,
          Pipelines and cables.
Article 5        -      REQUIREMENTS FOR ALTTHORIZATIONS
1         The Competent State shall prescribe that any application for authorization or for the renewal of
         an authorization is subject to the Submission of the project by the candidate Operator to the
         competent national authority and that any such application must include, in particular, the
         following:
*
    The representath/e of Turkey expressed a reservation.
                                                                                                                 r
 ---pagebreak---   UNEP(OCA)/MED WG.30/4
  page 8
            (a)   A survey concerning the effects of the proposed acth/ities on the environment; the
                  competent national authority may, in the light of the nature, scope, duration and technical
                   methods employed in the acth/ities and of the characteristics of the area require that an
                   environmental impact assessment be prepared in accordance with annex IV to this
                   Protocol;
            (b)   The precise definition of the geographic areas where the acth/ity is envisaged, including
                  safety zones;
            (c)   Particulars of the professional and technical qualifications of the candidate Operator and
                  personnel on the Installation, as well as of the composition of the crew;
            (d)   The safety measures as specifled In article 15;
           (e)    The Operator's contingency plan as specifled in article 16;
           (f)    The monitoring procedures as specifled in article 19;
           (g)    The plans for removal of installatlons as specifled in article 20;
           (h)    Precautions for speclally protected areas as specifled in article 21;
           (i)    The Insurance or other financial security to cover llability as prescribed in article 27,
                  Paragraph 2 (b).
 2.       The competent national authority may decide, for scientific research and exploration acth/ities,
           to limit the scope of the requirements lald down in paragraph 1 of this article. in the light of the
           nature, scope. duration and technical methods employed in the acth/ities and of the
           characteristics of the area.
 Article 6        -     GRANTING OF AUTHORIZATIONS
 1.       The authorizations referred to In article 4 shall be granted only after examination by the
          competent national authority of the Competent State of the requirements listed in article 5 and
          annex IV.
 2.       Each authorization shall specify the acth/ities and the period of validity of the authorization,
          establish the geographica! limits of the area subject to the authorization and specify the
          technical requirements and the authorized installatlons. The necessary safety zones shall be
          established at a later appropriate stage.
3.        The authorization may impose conditions regarding measures, techniques or methods designed
          to reduce to the minimum risks of and damage due to pollution resulting from the activities.
4.        The Parties shall notify the Organization as soon as possible of authorizations granted or
          renewed. The Organization shall keep a register of all the authorized installations in the Protocol
          Area.
Article 7        -      SANCTIONS
Each Party shall prescribe sanctions to be imposed for breach of obligations arising out of this Protocol,
or for non-observance of the national laws or regulations implementing this Protocol. or for non
fulfillment of the specific conditions attached to the authorization.
                                                                                                                W
 ---pagebreak---                                                                                UNEP(OCA)/MED WG.30/4
                                                                                                    page9
SECTION III -        WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
Artide 8        -    GENERAL OBLIGATION
Without prejudice to other Standards or obligations referred to in this Sectlon, the Parties shall impose
a general Obligation upon Operators to use the best available. environmentally effecttve and economically
appropriate technology and to observe intemationally accepted Standards regarding wastes as well as
the use. storage and dlscharge of harmful or noxious substances and materials. with a view to
minimizing the risk of pollution.
Artide 9       -     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
1.       The use and storage of chemicals for the acth/ities should be approved by the competent
         national authority of the Competent State, on the basis of the Chemical Use Plan.
2.       The Competent State may regulato, limit or prohibit the use of chemicals for the acth/ities in
         accordance with guidelines to be adopted by the Contracting Parties.
3.       For the purpose of protecting* the environment, the Parties shall ensure that each substance and
         material used for acth/ities is accompanied by a Compound description provided by the entity
         producing such substance or material. < The Parties mav requlre a description of the
         substances and materials used to Protect the Installation. >
4.       The disposal into the Protocoi Area of harmful or noxious substances and materials listed in
         annex I to this Protocoi is prohibited.
5.       The disposal into the Protocoi Area of harmful or noxious substances and materials listed in
         ännex II to this Protocoi requires. in each case. a prior special permit from the competent
         national authority of the Competent State.
6.       The disposal into the Protocoi Area of all other harmful or noxious substances and materials
         which might cause pollution requires a prior general permit from the competent national
         authority of the Competent State.
7.       The permits referred to in paragraphs 5 and 6 above shall be issued only after careful
         consideration of all the factors set forth in annex III to this Protocoi.
Artlcle 10           OIL AND OILY MIXTURES AND DRILLING FLUIDS
1.       The Parties shall formulate and adopt common Standards for the disposal of ofl and oily
         mixtures from installations into the Protocoi Area:
         (a)   Such common Standards shall be formulated in accordance with the provisions of annex
               V. A;
         (b)   Such common Standards shall not be less restricth/e than, in particular, the following:
               (i)   For machinery space drainage. a maximum oil content of 15 mg per litre whilst
                     undiluted;
               (ii)  For production water. a maximum oil content of 40 mg per litre as an average in any
                     calendar month; the content shall not at any time exceed 100 mg per litre;
         (c)   The Parties shall determine by common agreement which method will be used to analyze
               the oil content.
                                                                                                          44
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 10
 2.        The Parties shall formulate and adopt common Standards for the use and disposal of drüling
           fluids and drill cuttings into the Protocol Area. Such common Standards shall be formulated in
           accordance with the provisions of annex V, B.
 3.        Each Party shall take appropriate measures to enforce the common Standards adopted pursuant
           to this artide or to enforce more restricth/e Standards that it may have adopted.
 Article 11       -     SEWAGE
 1.        The Competent State shall prohibit the discharge of sewage from installations permanently
           manned by 10 or more persons into the Protocol Area except in cases where:
           (a)    The Installation is discharging sewage after treatment as approved by the competent
                  national authority at a distance of at least four nauticai miles from the nearest land or frxed
                  fisheries installation, leaving the competent State authority to deckte on a case by case
                  basis; or
           (b)   The sewage is not treated, at a distance of more than tweive nauticai miles from the
                  nearest land or fixed fisherie:
                                          fisheriesjnstallation, leaving the competent State authority to decide
                  on a case by case basis; or
          (c)    The sewage has passed through an approved sewage treatment plant certified by its
                  competent national authority.
          The Competent State shall impose stricter provisions. as appropriate. where deemed necessary
          because of. inter alia, the regime of the currents in the area or proximity to any area referred
          to in article 21.
          The exceptlons referred to in paragraph 1 shall not apply if the discharge produces visible
          floating solids or produces colouration, discolouration or opacity of the surrounding water.
          If the sewage is mixed with wastes and harmful or noxious substances and materials having
          different disposal requirements, the more stringent requirements shall apply.
Article 12       -      GARBAGE
1.       The Competent State shall prohibit the disposal into the Protocol Area of the following products
         and materials:
          (a)    All piastics, induding but not limited to synthetic ropes, synthetic fishing nets and plastic
                 garbage bags;
          (b)    All other non bio-degradable garbage, induding paper products, rags. glass. metal,
                 bottles, crockery, dunnage, lining and packing materials.
*
     The representatrve of Turkey expressed a reservation.
                                                                                                                  Al
 ---pagebreak---                                                                                  UNEP(OCA)/MED WG.30/4
                                                                                                   page 11
           Disposal into the Protocol Area of food wastes shall take place as far away as possible from
          land, but in any case not less than tweh/e nautical miles from the nearest land. Such wastes
          cannot be disposed of unless they first have gone through a crusher or a grinder so that they
          can go through a sieve whose openings do not exceed 25 mm.
          If garbage is mixed with other discharges having dtfferent disposal or discharge requirements
          the more stringent requirements shall apply.
Article 13       -    RECEPTION FACIUTIES. INSTRUCTIONS AND SANCTIONS
The Parties shall ensure that:
 (a)      Operators dispose satisfactorily of all wastes and harmfui or noxious substances and materiaJs
          in designated onshore reception facilities, except as otherwise authorized by the Protocol;
(b)       Instructions are gh/en to all personnel conceming proper means of disposal;
(c)       Sanctions are imposed in respect of illegal disposals.
Article 14      -     EXCEPTIONS
i.        The provisions of this Section shall not apply in case of:
          (a)   Force majeure and in particular for disposals:
                - to save human life,
                - to ensure the safety of installatlons,
                - in case of damage to the Installation or its equipment,
                on condition that all reasonable precautions have been taken after the damage is
                discovered or after the disposal has been performed to reduce the negative effects.
         (b)    The discharge into the sea of substances containing ofl or harmfui or noxious substances
                or materials which. subject to the prior approval of the competent national authority of the
                Competent State, are being used for the purpose of combating specific pollution incidents
                in order to minimize the damage due to the pollution.
2.       However. the provisions of this Section shall apply in any case where the Operator acted with
         the intent to cause damage or recklessly and with knowledge that damage will probably result
3        Disposals carried out in the circumstances referred to in paragraph 1 of this article shall be
         reported immediately to the Organization and, either through the Organization or directly, to any
         Party or Parties likely to be affected, together with füll details of the circumstances and of the
         nature and quantities of wastes or harmfui or noxious substances or materials discharged.
     The representative of Turkey expressed a reservation.
                                                                                                             /)%
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 12
 SECTION IV -            SAFEGUARDS
 Artlcle 15        -     SAFETY MEASURES
 1.         The Competent State withln whose Jurisdiction acth/itles are envisaged or are being canied out
            shall ensure that safety measures are taken with regard to the design, construction, placement,
            equipment, marking, Operation and maintenance of Installations.
 2.        The Competent State shall ensure that the Operator has at all times on the installations adequate
            equipment and devices. maintained in good working order, for protecting human Irfe, preventing
           and combating accidental pollution and facüitating prompt response to an emergency, in
           accordance with the best available environmentally effecth/e and economically appropriate
           technology and the provisions of the Operator"s contingency plan referred to in article 16.
 3.        The competent national authority of the Competent State shall require a certificate of safety and
           Fitness for the purpose (hereinafter referred to as "certificate") issued by a recognized body to
           be submitted in respect of production platforms, mobile offshore drilling units, offshore storage
           facüities, offshore loadlng Systems and pipelines and in respect of such other installations as
           may be specifled by the Competent State.
 4.       The Parties shall ensure through inspection that the acth/ities are conducted by the Operators
           in accordance with this article.
 Article 16       -     CONTINGENCY PLANNING
 1.       Each Party shall endeavöur to promote and malntain a plan for combating Pollution or other
          adverse effects and for saving human Irfe in the Protocol Area in cases of emergencies resulting
          from acth/ities (hereinafter referred to as "national contingency plan"), taking into account the
          Protocol conceming Cooperation in Combating Pollution of the Mediterranean Sea by Oil and
          Other Harmful Substances In Cases of Emergency. The national contingency plan should
          establish and co-ordinate in particular, the equipment, ships, aircraft and manpower prepared
          for Operations in cases of emergencies. The Parties should promote bilateral or multilateral
          Cooperation regarding their national contingency plans.
2.        Each Party shall require Operators in Charge of installations under its Jurisdiction to have a
          contingency plan to combat accidental pollution. co-ordinated with the national contingency plan
          established in accordance with the Protocol conceming Cooperation in Combating Pollution of
          the Mediterranean Sea by Oil and Other Harmful Substances In Cases of Emergency and
          approved in conformity with the procedures established by the competent national authorities.
3         The Competent State shall establish national co-ordination and directlon in accordance with
          annex VII to this Protocol.
Article 17        - NOTIFICATION
Each Party shall require Operators In Charge of installations under its Jurisdiction to report without delay
to the competent national authority:
(a)      any event on their Installation causing or likely to cause pollution in the Protocol Area;
(b)      any observed event at sea causing or likely to cause pollution in the Protocol Area.
     The representatrve of France expressed a reservation.
                                                                                                             /\U
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                                                                                                      page 13
 Article 18      -     MUTUAL ASSISTANCE IN CASES OF EMERGENCY
 In cases of emergency, a Party requiring assistance in order to prevent, abate or combat Pollution
 resultlng from acth/ities may request help from the other Parties, either directly or through the
 Organization, which shall do their utmost to provide the assistance requested.
 For thls purpose. a Party who is also a Party to the Protocol conceming Cooperation in combating
 pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency shall
 apply the pertinent provisions of the said Protocol.
 Article 19      -     MONITORING
 1.       The Operator shall be required to measure or to entrust to a qualrfied entity. expert in the matter,
          the effects of the acth/ities on the environment in the light of the nature, scope, duration and
          technical methods employed in the acth/ities and of the characteristics of the area and to report
           on them periodically or upon request by the competent national authority of the Competent
          State for the purpose of an evaluation by such national authority according to a procedure
          established by the Competent State in its authorization System.
 2.       The competent national authority of the Competent State should estabtish, where appropriate,
          a national monitoring system in order to be In a Position to survey regularly the installations and
          the Impact of the acth/ities on the environment, so as to ensure that the conditions attached to
          the grant of the authorization are being fulfilled.
Article 20      -      REMOVAL OF INSTALLATIONS
 1.       The Operator shall be required by the Competent State to remove any Installation which is
          abandoned or disused, in order to ensure safety of navigation, taking into account the guidelines
          and Standards adopted by the competent international Organization. Such removal shall also
          have due regard to other legitimate uses of the sea, in particular fishing, the protection of the
          marine environment and therightsand duties of other States. Prior to iL the Operator under his
          responsibility shall take all necessary measures to prevent spillage or leakage from the Site of
          the acth/ities.
2.       The Competent State shall require the Operator to remove abandoned or disused pipelines in
         accordance with paragraph 1 of this article or to abandon and clean them inside or to bury and
         dean them inside so that they neither cause pollution. endanger navigation, hinder fishing,
         threaten the marine environment, nor interfere with other legitimate uses of the sea or with the
         rights and duties of other States. The competent national authority shall ensure that appropriate
         Publicity is gh/en to the depth, position and dimensions of any buried pipeline and that such
         Information Is indicated on Charts and notified to the Organization and other competent
         international organizations and the Parties.
3.       The provisions of this article apply also to installations disused or abandoned by any Operator
         whose authorization may have been withdrawn or suspended in compliance with article 7.
4.       The Competent State may indicate eventual modifications to be made to the level of acth/ities
         and to the measures for the protection of the marine environment which had initially been
         provided for.
    The representath/e of Turkey expressed a reservation.
                                                                                                               /->'
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  page 14
  5.       The Competent State may regulato the cession or transfer of authorized activities to other
           persons.
 6.        Where the Operator fails to comply with the provisions of this article, the competent national
           authority of the Competent State shall undertake, at the Operator*s expense. such actlon or
           actions as may be necessary to remedy the operatorJs faOure to act.
 Article 21      -     SPECIALLY PROTECTED AREAS *
 ALTERNATIVE (A):
 For the protection of the areas defined in article 3 of the Protocoi conceming Mediterranean Specially
 Protected Areas and any other area established by the Parties and in furtherance of the goals stated
 thereln, the Parties shall take special measures in conformity with international law, either indh/idually
 or through multilateral or bilateral Cooperation, to prevent. abate. combat and control pollution arising
 from activities in these areas.
 In addition to the measures referred to in the Protocoi conceming Specially Protected Areas for the
 granting of authorization. such measures may include, inter aJia:
ALTERNATIVE (B):
In addition to the measures referred to in the Protocoi conceming Mediterranean Specially Protected
Areas, the Parties to the present Protocoi may take additional measures to protect these areas, including
inter alia:
(a)       Special restrictions or conditions when granting authorizations for such areas:
          (i)   The preparation and evaluation of environmental impact assessments;
          (ii)   Special elaboration of provisions in such areas conceming the monitoring, removai of
                instaJIations and prohibition of any discharge.
(b)       Intensified exchange of information among Operators, the competent national authorities, Parties
          and the Organization regarding matters which may affect such areas.
SECTIONV -             COOPERATION
Article 22      -     STUDIES AND RESEARCH PROGRAMMES
In conformity with article 11 of the Convention, the Parties shall, where appropriate, cooperate in
promoting studies and undertaking programmes of scientific and technological research for the purpose
of developing new methods of:
*
     The representatrve of Turkey expressed a reservation.
                                                                                                            /]
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                                                                                                        page 15
 (a)       Carrying out acth/ities In a way which minimizes the risk of pollution;
 (b)       Preventing, abating, combating and Controlling pollution, especially in cases of emergency.
 Artlde 23         -     INTERNATIONAL RULES. STANDARDS AND RECOMMENDED PRACTICES AND
                         PROCEDURES
 1.       The Parties shall cooperate, either directly or through the Organization or other competent
           international organizations. in Order to:
           (a)    Establish appropriate scientific criteria for the formulation and elaboration of international
                   rules. Standards and recommended practices and procedures for achieving the aims of
                  this Protocol;
           (b)    Formulate and elaborate such international rules. Standards and recommended practices
                  and procedures;
          (c)     The Parties shall formulate and adopt guidelines in accordance with international practices
                  and procedures to ensure observance of the provisions of annex VI.
 2.       The Parties shall, as soon as possible, endeavour to harmonize their laws and regulations with
          the international rules. Standards and recommended practices and procedures referred to in
          Paragraph 1 of this artlde.
3.       The Parties shall endeavour, as far as possible, to exchange Information relevant to their national
          pollcies, laws and regulations and the harmonization referred to in paragraph 2 of this article.
Artlde 24        -      SCIENTIFIC AND TECHNICAL ASSISTANCE TO DEVELOPING COUNTRIES
 1        The Parties shall. directly or with the assistance of competent regional or other International
         organizations, cooperate with a view to formulating and, as far as possible, implementing
         programmes of assistance to devetoping countries. particulariy in the fields of science. law,
         education and technology, in order to prevent, abate, combat and control pollution due to
         acth/ities in the Protocol Area.
2.       Technical assistance would include, in particular, the training of scientific, legal and technical
         personnel, as well as the acquisition, utilization and production by those countries of appropriate
         equipment on advantageous terms to be agreed upon among the Parties concerned.
Article 25       -      MUTUAL INFORMATION
The Parties shall inform one another directly or through the Organization of measures taken, of results
achieved and, if the case arises, of difficulties encountered in the application of this Protocol.
Procedures for the coJIection and Submission of such Information shall be determined at the meetings
of the Parties.
Article 26       -      TRANSFRONTIER POLLUTION
1        Each Party shall take all measures necessary to ensure that acth/ities under their Jurisdiction are
         so conducted so as not to cause a pollution beyond the limits of its Jurisdiction.
                                                                                                                 -??
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 page 16
 2.     A Party within whose Jurisdiction acth/ities are being envisaged or carried out should take into
        account any adverse environmental effects, without discrimination as to whether such effects
        are iikely to occur within the limits of its Jurisdiction or beyond such limits.
 3.     If a Party becomes aware of cases in which the marine environment is in imminent danger of
        being damaged, or has been damaged, by pollution, it shall bnmediately not'rfy other Parties
        which in its opinion are Iikely to be affected by such damage as well as the Organization and
         provide them with timely infonmation that would enable them, where necessary, to take
        appropriate measures. The Organization shall distribute the 'Information immediateiy to all
        relevant Parties.
 4.     The Parties shall endeavour, in accordance with their legal Systems and, where appropriate, on
        the basis of an agreement, to grant equal access to and treatment in administrative proceedings
        to persons In other States who may be affected by pollution or other adverse effects resulting
        from proposed or existing Operations.
5.      Where pollution originates in the territory of a State which is not a Contracting Party to this
        Protocol. any Contracting Party affected shaJI endeavour to cooperate with the said State so as
        to make possible the appJication of the Protocol.
Artlde 27      -     UABIUTY AND COMPENSATION *
 1.     The Parties undertake to cooperate as soon as possible in formulating and adopting appropriate
        procedures for the determination of liability and compensation for damage resulting from the
        acth/ities dealt with In this Protocol, in conformity with artlde 12 of the Convention.
2.      Pending development of such procedures, the Parties:
        (a)    Shall take all measures necessary to ensure that liability for damage caused by acth/ities
               is imposed on Operators, and they shall be required to pay prompt and adequate
               compensation, to be determined on the basis of strict and limited liability
ALTERNATIVE A:
        (b)    Shall take all measures necessary to ensure that Operators shall have and maintain
               Insurance cover or other financial security in such an amount, of such type and und er
               such terms as the Competent State shall specrfy in order to cover the liability under this
               Protocol.
ALTERNATIVE B:
        (b)    May require the Operator to cover his responsibility with any insurance or other financial
               securities.
*
     The following reservations were expressed: by the EEC, France, Spain and Tunisia with respect
to paragraph 2; by Morocco and Turkey with respect to the whole article.
                                                                                                          A
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                                                                                                      page 17
 SECTIONVI -          FINAL PROVISIONS
 Artide 28       -    APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
 Each Competent State shall appoint one or more competent national authorities to:
 (a)      Grant, renew and register the authorizatlons provided for in Section II of this Protocol;
 (b)      Issue and register the special and general permits referred to in artide 9 of this Protocol;
 (c)      Issue the permits referred to in annex V to this Protocol;
 (d)      Approve the treatment System and cert'rfy the sewage treatment plant referred to in artide 11.
          Paragraph 1, of this Protocol;
 (e)      Gh/e the prior approvaJ for exceptional dlscharges referred to in artide 14, paragraph 1 (b), of
          this Protocol;
 (0       Carry out the duties regarding safety measures referred to in artide 15, paragraphs 3 and 4. of
          this Protocol;
(g)       Perform the functions relating to contingency planning described in artide 16 and annex VII to
          this Protocol;
(h)       Establish monitoring procedures as provided in artide 19 of this Protocd;
(i)       Supervise the removal Operations of the Installatlons as provided In artide 20 of this Protocol.
Artide 29        -    TRANSITIONAL MEASURES
Each Party shall elaborate procedures and regulatlons regarding actfvities, whether authorized or not,
initlated before the entry Into force of this Protocol, to ensure thelr conformity, as tar as practicable, with
the provisions of this Protocol.
Artide 30       -     MEETINGS
1         Ordinary meetings of the Parties shall take place In conjunction with ordinary meetings of the
         Contracting Parties to the Convention heid pursuant to artide 14 of the Convention. The Parties
          may also hold extraordinary meetings in accordance with artide 14 of the Convention.
2.       The functions of the meetings of the Parties to this Protocol shall be, inter alia:
         (a)    To keep under review the Implementation of this Protocol and to consider the efficacy of
                the measures adopted and the advisabilfty of any other measures. in particular in the form
                of annexes and appendices;
         (b)    To revise and amend any annex or appendix to this Protocol;
         (c)    To consider the Information conceming authorizatlons granted or renewed in accordance
                with Section II of this Protocol;
         (d)    To consider the informatlon conceming the permits issued and approvals given in
                accordance with Section III of this Protocol;
                                                                                                                41
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 18
         (e)   To adopt the guidelines referred to in artide 9, Paragraph 2, and artide 23. Paragraph 1
               (c), of this Protocol;
         (f)   To consider the records of the contingency plans and means of Intervention In
               emergencies adopted in accordance with artide 16 of this Protocol;
         (g)   To establish crrteria and formulate international rules, Standards and recommended
               practices and procedures in accordance with artide 23, Paragraph 1, of this Protocol, in
               whatever form the Parties may agree;
         (h)   To facilitate the Implementation of the policies and the achievement of the objectrves
               referred to in Section V, in particular the harmonization of national laws in accordance with
               artide 23, paragraph 2 of this Protocol;
         (i)   To review progress made in the implementation of artide 27 of this Protocol;
         Q)    To discharge such other functions as may be appropriate for the application of this
               Protocol.
Artide 31      -     RELATIONS WITH THE CONVENTION
1.      The provisions of the Convention relating to any Protocol shall appJy with respect to this
        Protocol.
2.      The rules of procedure and the financial rules adopted pursuant to artide 18 of the Convention
        shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise.
Artide 32      -     FINAL CLAUSE
1.      This Protocol shall be open for slgnature, at                     from         to          . and at
                      from         to              , by any State Party to the Convention Invited to the
        Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region for the
        Protection of the Mediterranean Sea against Pollution resulting from Exploration and Exploitation
        of the Sea-bed and rts Subsoil, held at              from      to       . It shall also be open until
        the same dates for signature by the European Economic Community and by any similar regional
        economic grouping of which at least one member is a coastal State of the Protocol Area and
        whlch exercises competence Infieldscovered by this Protocol in conformity with artide 24 of
        the Convention.
2.      This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification,
        acceptance or approval shall be deposited with the Government of Spain, which will assume the
        functions of Depositar/.
3.      As from                , this Protocol shall be open for accesslon by the States referred to in
        Paragraph 1 above. by the European Economic Community and by any grouping referred to in
        that paragraph.
4.      This Protocol shall enter into force on the thirtieth day following the date of deposit of at least
        six Instruments of ratification, acceptance or approval of, or accession to. the Protocol by the
        Parties referred to In paragraph 1 of this artide.
                                                                                                              v
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                                                                                     page 19
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Protocol.
DONE at         on this          in a single copy in the Arabic, English, French and Spanish
languages, the four texts being equally authoritative.
                                                                                             11
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 page 20
                                                   ANNEX I
                       HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
               THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED
        The following substances and materiaJs and Compounds thereof are listed for the purposes of
        artide 9. paragraph 4 of the Protocol. They have been selected malnly on the basis of their
        toxicity. persistence and bioaccumulation:
        1.      Mercury and mercury Compounds
        2.      Cadmium and cadmium Compounds
        3.      Organotin Compounds and substances which may form such Compounds In the marine
                environment-/
        4.      Organophosphorus Compounds and substances whlch may form such Compounds in the
               marine environment-/
        5.     Organohalogen Compounds and substances which may form such Compounds in the
               marine environment-/
        6.     Crude oil. fuel oil, oily Sludge, used lubricating oils and reflned products
        7.     Persistent synthetic materials which may float, sink or remain in Suspension and which
               may interfere with any legitimate use of the sea
        8.     Substances having proven carcinogenic, teratogenic or mutagenic properties in or through
               the marine environment
       9.      Radioacth/e substances, induding their wastes. rf their discharges do not comply with the
               principles of radiation protection as defmed by the competent international organizations,
               taking into account the protection of the marine environment
       The present annex does not apply to discharges which contain substances listed in section A
       that are below the limits defined jointly by the Parties and. in relation to oil. beiow the limits
       defined in artide 10 of this Protocol.
-/     With the exception of those whlch are blologically harmless or which are rapidly converted into
       biologically harmless substances.
                                                                                                          %i
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                                                                                             page21
                                             ANNEX II
                 HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                  THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
                             IS SUBJECT TO A SPECIAL PERMIT
    The following substances and materials and Compounds thereof have been selected for the
    purpose of artide 9, Paragraph 5 of the Protocol.
    1.   Arsenic
    2.    Lead
   3.     Copper
    4.   Zinc
   5.     Beryllium
   6.     Nickel
    7.   Vanadium
   8      Chromium
   9.    Biocides and their derivatives not covered In annex I
    10.   Selenium
    11.  Antimony
    12.   Molybdenum
    13.  Titanium
    14.  Tin
    15.  Barium (other than barium sulphate)
    16.  Boron
    17.  Uranium
    19.  Cobalt
    19.  Thallium
   20.   Tellurium
   21.   Silver
   22.   Cyanides
B. The control and strict limitation of the discharge of substances referred to in section A must be
   implemented in accordance with annex III.
                                                                                                     3.1
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 22
                                                  ANNEX III
                 FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS
         For the purpose of the Issue of a permit requlred under article 9, paragraph 7, particular account
will be taken. as the case may be, of the following factors:
A.       Characteristlcs and composition of the waste
         1.    Type and size of waste course (e.g. industrial process);
         2.    Type of waste (origin, average composition);
         3.     Form of waste (solid, liquid, Sludge, slurry, gaseous);
         4.    Total amount (volume discharged, e.g. per year);
         5.    Discharge pattern (continuous. Intermittent, seasonally variable, etc.);
         6.    Concentrations with respect to major constituents. substances listed in annex I.
               substances listed in annex II. and other substances as appropriate;
         7.    Physlcal. chemical and biochemical properties for the waste.
B.       Characteristics of waste constituents with respect to their harmfulness
         1.    Persistence (physical, chemical, biological) in the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in biological materials or Sediments;
         4.    Biochemical transformation producing harmful Compounds;
         5.    Adverse effects on the oxygen content and balance;
         6.    Susceptibility to physical, chemical and biochemical changes and interactlon in the aquatic
               environment with other sea-water constituents whlch may produce harmful biological or
               other effects on any of the uses listed in section E beiow.
C.       Characteristics of discharge site and receiving marine environment
         1.    Hydrographie, meteorological, geological and topographical characteristics of the area;
         2.    Location and type of the discharge (outfall, canal. outlet, etc.) and its relatlon to other
               areas (such as amenity areas, spawning, nursery and fishing areas, shellfish grounds) and
               other discharges;
         3.    Initial dilution achieved at the point of discharge into the receiving marine environment;
                                                                                                            xk
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                                                                                                page 23
        4.     Dispersion characteristics such as effects of currents. tides and wind on horizontal
              transport and vertlcal mixing;
        5.    Recerving water characteristics with respect to physical. chemical, blological and
              ecdogical conditions in the discharge area;
        6.    Capacity of the recerving marine environment to receh/e waste discharges without
              undesirable effects.
D.      Availability of waste technologies
The methods of waste reduction and discharge for industrial effluents as well as domestic sewage should
be selected taking into account the availability and feasibility of:
        (a)   Alternative treatment processes;
        (b)   Re-use or eliminatlon methods;
        (c)   On-Iand disposal alternatives;
        (d)   Appropriate low-waste techndogies.
E.      Potential ImpatVment of marine ecosvstem and sea-water uses
        1.    Effects on human Iffe through pollution impact on:
              (a)    Edible marine organisms;
              (b)    Bathing waters;
              (c)   Aesthetics.
       2.     Effects on marine ecosystems. in partlcular Irving resources. endangered species and
              critical habitats.
       3.     Effects on other legitimate uses of the sea in conformity with international law.
                                                                                                        2r
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 24
                                                ANNEX IV
                            ENVIRONMENTAL IMPACT ASSESSMENT
1. Each Party shall require that the environmental impact assessment contains at least the fdlowing:
   (a)  A description of the geographica! boundaries of the area within which the activities are to be
        carried out. induding safety zones where applicable;
   (b)  A description of the initial State of the environment of the area;
   (c)  An indication of the nature. aims, scope and duration of the proposed activities;
   (d)  A description of the methods. installatlons and other means to be used. possible alternatives
        to such methods and means;
   (e)  A description of the foreseeable direct or indirect Short and long-term effects of the proposed
        activities on the environment. induding fauna, flora and the ecological balance;
   (0   A Statement setting out the measures proposed for reducing to the minimum the risk of
        damage to the environment from carrying out the proposed activities; in addrtion, possible
        alternatives to such measures;
   (g)  An indication of the measures to be taken for the protection of the environment from pollution
        and other adverse effects during and after the proposed activities;
   (h)  A reference to the methodology used for the environmental impact assessment;
   (i)  An Indication of whether the environment of any other State is likely to be affected by the
        proposed activities.
2. Each Party shall promulgate Standards taking into account the international rules, Standards and
   recommended practices and procedures, adopted in accordance with article 23 of the ProtocoJ. by
   which environmental impact assessments are to be evaluated.
                                                                                                        o^
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                                                                                                      page 25
                                                    ANNEX V
                               OIL AND OILY MIXTURES AND DRILLING FLUIDS
 The fdlowing provislons shall be prescribed by the Parties in accordance with artide 10:
 A.    Oil and Oilv Mlxtures
       1.     Spills of high oll content in processing dralnage and platform drainage shall be contained.
              dh/erted and then treated as part of the product. but the remainder shall be treated to an
              acceptable level before discharge, In accordance with good oiltleid practice;
      2.      Oily waste and Sludges from Separation processes shall be transported to shore;
      3.      All the necessary precautions should be taken to minimize losses of oil into the sea from oil
              collected or flared from well testing;
      4.      All the necessary precautions should be taken to ensure that any gas resulting from oil
              activities should be flared or used In an appropriate manner.
 B.   Drilling Fluids and Drill Cuttlnos
      1       Water-based drillingfluidsand drill cuttings are subject to the following requirements:
              (a) The use and disposal of such drilling fluids are subject to the Chemical Use Plan and
                    the provislons of artide 9 of this Protocd;
              (b) The disposal of the drill cuttings shall either be made on land or into the sea in an
                    appropriate srte or area as specified by the Competent State.
      2.     Oil-based drilling fluids and drill cuttings are subject to the following requirements:
              (a) Suchfluidsshall only be used rf they are of a sufficientiy low toxlcity and only after the
                    Operator has been issued a permit by the competent national authority of the Competent
                    State when it has vertfied such low toxlcity;
             (b) The disposal into the sea of such drillingfluidsis prohibited;
             (c) The disposal of the drill cuttings into the sea is only permitted on condition that an
                    efficient soTids control equlpment is installed and properly operated. that the discharge
                    point is well below the surface of the water, and that the oil content is less than 100
                    grams of oil per kilogram dry cuttings;
             (d) The disposal of such drill cuttings in specially protected areas is prohibited;
             (e) In case of production and development drilling, a programme of sea-bed sampling and
                    analysis relating to the zone of contamination must be undertaken.
3.    Diesel-based drilling fluids:
      The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally be added to
      drilling fluids in such circumstances as the Parties may specrfy.
                                                                                                              27-
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page 26
                                                 ANNEX VI
                                            SAFETY MEASURES
The following provisions shall be prescribed by the Parties in accordance with artide 15:
(a)  That the Installation must be safe and fit for the purpose for which it is to be used. in particular.
     that it must be designed and constructed so as to withstand, together with its maximum load. any
     natural conditlon, induding, more specifically. maximum wind and wave conditions as established
     by historical weather pattems. earthquake possibllities. sea-bed conditions and stability. and water
     depth;
(b)  That all phases of the acth/ities. induding storage and transport of recovered resources, must be
     properiy prepared. that the whole actrvity must be open to control for safety reasons and must be
     conducted in the safest possible way, and that the Operator must apply a monitoring system for
     all acth/ities;
(c)  That the most advanced safety Systems must be used and periodically tested in order to minimize
     the dangers of leakages, spillages. accidentaJ discharges, flre, explosions. blow-outs or any other
     threat to human safety or the environment, that a trained speclalized crew to operate and maintain
     these Systems must be present and that this crew must undertake periodic exercises;
(d)  That the Installation and. where necessary. the established safety zone, must be sufflciently marked
     so as to gh/e adequate waming of its presence and sufficient details for Its kJentification using
     appropriate and internationally recognized waming Signals;
(e)  That in accordance with international maritime practice, the installations must be indicated on
     Charts and notified to those concerned;
(f)  That, in order to secure observance of the foregoing provisions. the person and/or persons having
     the responsibllity for the Installation and/or the activities, induding the person responsible for the
     blow-out preventer. must have the qualifications required by the Competent State, and that there
     must be permanently sufficient, qualified staff present at the Installation. Such qualifications should
     include, in particular, training, on a continued basis, in safety and environmental matters.
                                                                                                             #
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                                                                                              page27
                                               ANNEX VII
                                          C0NT1NGENCY PLAN
A. The operator's continqencv plan
    1. Operators are obllged to ensure:
       (a) That the most appropriate alarm System and communication System is available at the
             Installation and that it is in good working order;
       (b) That the alarm is immediateiy raised on the occurrence of an emergency and that any
            emergency is immediateiy communicated to the competent national authority of the
            Competent State;
       (c) That in co-ordination with the competent national authority of the Competent State,
            receipt of the alarm and appropriate assistance and co-ordination of assistance can be
            organized and supervised without delay;
       (d) That Immediate Information about the nature and extent of the emergency Is gh/en to the
            crew on the Installation and to the competent national authority of the Competent State;
       (e) That the competent national authority of the Competent State is constantly informed about
            the progress of combating the emergency;
       (f)  That at all times sufficlent and most appropriate materials and equipment, including
            stand-by boats and aircraft. are available to put into effect the emergency plan;
       (g) That the most appropriate methods and techniques are known to the specialized crew
            referred to in annex VI, paragraph c. in order to combat leakages, spillages, accldental
            discharges. fire, expJosions, blow-outs and any other threat to human Irfe or the
            environment;
       (h) That the most appropriate methods and techniques are known to the specialized crew
            responsable for reducing and preventing long-term adverse effects on the environment;
       (i)  That the crew is thoroughly familiär with the operator's contingency plan, that periodic
            emergency exercises are heid so that the crew has a thorough working knowledge of the
            equipment and procedures and that each indh/idual knows exactly his role within the plan.
   2.  The Operator should co-operate, on an institutional basis, with other Operators or entitles
       capable of rendering necessary assistance. so as to ensure that, in cases where the magnitude
       or nature of an emergency creates a risk for which assistance is or might be required, such
       assistance can be rendered.
                                                                                                      2f
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 28
 B.   National co-ordlnatlon and directlon
 The Competent State shall establlsh national co-ordination and directlon to ensure, in case of an
 emergency:
 (a)  The co-ordination of the national contingency plan and/or procedures and the Operators
      contingency plan and control of the conduct of actions, especially in case of significant adverse
      effects of the emergency;
 (b)  Directlon to the Operator to take any action it may specrfy in the course of preventing, abating or
     combating pollution or in the preparation of further action for that purpose, induding placing an
      order for a relief drüling rig, or to prevent the Operator from taking any specrfied action;
 (c) The co-ordination of actions in the course of preventing, abating or combating pollution or in
      preparation for further action for that purpose within the national Jurisdiction with such actions
      undertaken within the Jurisdiction of other States or by International organizations;
 (d) Cotlection and ready availability of all necessary Information concerning the existing activities;
(e)  The Provision of an up-to-date list of the persons and entities to be alerted and informed about an
     emergency. its development and the measures taken;
(0   The collection of all necessary Information concerning the extent and means of combating
     contlngencies. and the dissemination of this Information to interested Parties;
(g)  The co-ordination and supervision of the assistance referred to in part A above. in co-operation
     with the Operator,
(h)  The Organization and rf necessary, the co-ordination of specrfied actions induding Intervention by
     technical experts and trained personnel with the necessary equipment and materials.
(i)  Immediate communication to the competent national authorities of other Parties which might be
     affected by a contingency to enable them to take appropriate measures where necessary;
(j)  The Provision of technical assistance to other Parties, rf necessary;
(k)  Immediate communication to the competent international organizations with a view to avoiding
     danger to shipping and other interests.
                                                                                                          y°
 ---pagebreak---                                                                    UNEP(OCA)/MED WG.30/4
                                                                                 page 29
                                               APPENDIX
               Ust of Oils
               Asphalt solutions
               Blending Stocks
               Roofers Flux
               Straight Run Residue
               Oils
               Clarified
               Crude OH
               Mixtures containing crude oH
               Diesel OH
               Fuel Oil No. 4
               Fuel Oil No. 5
               Fuel OH No. 6
               Residual Fuel OH
               Road Oil
               Transformer OH
               Aromatic OH (excluding vegetable oil)
               Lubricating Oils and Blending Stocks
               Mineral OH
               Motor Oil
               Penetrating OH
               Spindle Oil
               Turbine Oil
               Distillates
               Straight Run
               Flashed Feed Stocks
               Gas Oil
               Cracked
               Jet Fuels
               JP-1 (Kerosene)
               JP-3
               JP-4
               JP-5 (Kerosene. Heavy)
               Turbo Fuel
               Kerosene
               Mineral Spirit
The list of oils should not necessarily be considered as exhaustive.
                                                                                         37
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 30
              Naphtha
              Solvent
              Petroleum
              Heartcut Distillate OH
              Gasoline Blendinq Stocks
              Alkylates - fuel
              Reformates
              Polymer - fuel
              Gasolines
              Casinghead (natural)
              Automotive
              Aviation
              Straight Run
              Fuel OH No. 1 (Kerosene)
              Fuel OH No. 1-D
              Fuel OH No. 2
              Fuel OH No. 2-D
                                       ^
 ---pagebreak---                                                                     ISSN 0254-1467
                                                          KOM(92)169endg.
                                                     DOKUMENTE
DE                                                                             14
                                 Katalognummer: CB-CO-92-185-DE-C
                                                           ISBN 92-77-43653-0
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