CELEX: 51992PC0169
Language: nl
Date: 1992-05-06
Title: Voorstel voor een BESCHIKKING VAN DE RAAD betreffende de ondertekening van een protocol inzake de bescherming van de Middellandse Zee tegen verontreiniging door de exploratie en de exploitatie van het continentaal plat, de zeebodem en de ondergrond daarvan (Verdrag van Barcelona)

COMMISSIE VAN DE EUROPESE GEMEENSCHAPPEN
                                          C0M(92) 169 def.
                                          Brussel,6   mei 1992
                             Voorstel voor een
                          BESCHIKKING VAN DE RAAD
       betreffende de ondertekening van een protocol inzake de
      bescherming van de Middellandse Zee tegen verontreiniging
      door de exploratie en de exploitatie van het continentaal
              plat, de zeebodem en de ondergrond daarvan
                        (Verdrag van Barcelona)
                      (door de Commissie ingediend)
 ---pagebreak---  ---pagebreak---  Voorstel voor een besluit van de Raad betreffende de ondertekening van
 een protocol inzake de bescherming van de Middellandse Zee tegen
 verontreiniging door de exploratie en de exploitatie van het
 continentaal plat, de zeebodem en de ondergrond daarvan (Verdrag van
 Barcelona)
                                TOELICHTING
 1. De Gemeenschap is partij bij het Verdrag inzake de bescherming van
de Middellandse Zee tegen verontreinlgingd). Zij heeft ook de vier
protocollen ondertekend die in het kader van het Verdrag zijn gesloten,
namelijk het protocol inzake de voorkoming van verontreiniging van de
Middellandse Zee door storten vanuit schepen en luchtvaartuigend), het
protocol betreffende de samenwerking bij de bestrijding van
verontreiniging door koolwaterstoffen en andere schadelijke stoffen(2),
het protocol Inzake bescherming tegen verontreiniging vanaf het
 land(3), en het protocol inzake speciaal beschermde gebieden(4).
2. Tijdens hun vierde gewone vergadering (Genua, september 1985),
hebben de partijen bij het Verdrag van Barcelona verzocht om de
opstelling van een protocol inzake de bescherming van de Middellandse
Zee tegen verontreiniging door de exploratie en de exploitatie van het
continentaal plat, de zeebodem en de ondergrond daarvan (het "off-
shore"-protocol), overeenkomstig artikel 7 van het Verdrag.
3. Door het Secretariaat is een ontwerp-protocol opgesteld en op de
zesde gewone vergadering van de verdragsluitende partijen (Athene,
3-6 oktober 1989) is besloten de werkgroep van door de verdragsluitende
partijen aangewezen deskundigen bijeen te roepen om het ontwerp van het
off-shore-protocol te bestuderen en er de laatste hand aan te leggen,
en het vervolgens aan te bevelen aan een conferentie van
gevolmachtigden die daartoe op een later tijdstip moet worden gehouden.
De deskundigengroep heeft vergaderd van 7 tot en met 11 mei 1990 en van
8 tot en met 11 Januari 1991 in Athene, alsook op 4 en 5 oktober 1991
in Kairo, voorafgaand aan de zevende gewone vergadering van de
verdragsluitende partijen (Kairo, 8-12 oktober 1991).
4. De Commissie heeft vanaf het begin deelgenomen aan de werkzaamheden
van de met de opstelling van het ontwerp-protocol belaste werkgroep.
(1) Besluit  77/585/EEG, PB L 240 van 19.9.1977.
(2) Besluit  81/420/EEG, PB L 162 van 19.6.1981.
(3) Besluit  83/101/EEG, PB L 67 van 12.3.1983.
(4) Besluit 84/132/EEG,  PB L 68 van 10.3.1984.
                                                                        t
 ---pagebreak--- 5. De Commissie heeft in Juni 1989 bij de Raad een aanbeveling voor een
besluit ingediend, waarbij zij wordt gemachtigd om aan de
onderhandelingen over genoemd protocol deel te nemen (doe.
SEC(89)928 def.). De Raad heeft op 4.2.1991 (doe. 4252/91) de Commissie
gemachtigd om, wat de tot de bevoegdheid van de Gemeenschap behorende
aspecten betreft, deel te nemen aan de onderhandelingen over het off-
shore-protocol, met inachtneming van bepaalde
onderhandelingsr ichtsnoeren.
6. Over het ontwerp-protocol, dat thans gereed is, zal een laatste
onderhandelingsronde worden gehouden tijdens de conferentie van
gevolmachtigden die van ... tot en met ... 1992 zal plaatsvinden. Over
de punten in de tekst waarover nog verschil van mening bestaat zal dan
een besluit worden genomen.
Na goedkeuring van de definitieve versie zal het protocol tijdens deze
conferentie voor ondertekening worden opengesteld.
7. In dit verband wordt de Raad gevraagd de voorzitter te machtigen om
de persoon(personen) aan te wijzen die bevoegd is(zijn) om namens de
Gemeenschap en onder voorbehoud van latere sluiting dit protocol te
ondertekenen.
                                                                        ?
 ---pagebreak---            VOORSTEL VOOR EEN BESLUIT VAN DE RAAD
 betreffende de ondertekening van een protocol inzake de
bescherming van de Middellandse Zee tegen verontreiniging
door de exploratie en de exploitatie van het continentaal
        plat, de zeebodem en de ondergrond daarvan
                  (Verdrag van Barcelona)
                                                          (<
 ---pagebreak---   DE RAAD VAN DE EUROPESE GEMEENSCHAPPEN,
 Gelet op het Verdrag tot oprichting van de Europese Economische Gemeenschap,
 Gezien het voorstel van de Commissie,
 Overwegende dat de Gemeenschap partij is bij het Verdrag inzake de bescherming
 van de Middellandse Zee tegen verontreiniging (Verdrag van Barcelona) en bij de
 vier daaraan gehechte protocollen;
 Overwegende dat de Commissie namens de Gemeenschap, in het kader van de door de
 partijen bij het Verdrag van Barcelona opgerichte werkgroep, heeft deelgenomen
 aan de onderhandelingen over de opstelling van een protocol betreffende
 verontreiniging door de exploratie en de exploitatie van het continentaal plat,
 de zeebodem en de ondergrond daarvan (off-shore-protocol);
 Overwegende dat het toepassingsgebied van dit protocol gedeeltelijk tot de
 bevoegdheid van de Gemeenschap behoort;
 Overwegende dat de Commissie de Raad heeft ingelicht over het resultaat van de
 onderhandelingen om hem in staat te stellen een definitief standpunt te
 bepalen;
Overwegende dat dit protocol moet worden aangenomen op de conferentie van
gevolmachtigden die van ... tot en met ... 1992 zal worden gehouden;
Overwegende dat dit protocol, onder voorbehoud van latere sluiting, door de
Gemeenschap kan worden ondertekend.
BESLUIT
                                   ENIG ARTIKEL
De Voorzitter van de Raad wordt gemachtigd om de persoon (personen) aan te
wijzen die bevoegd zijn om namens de Gemeenschap en onder voorbehoud van latere
sluiting, het protocol bij het Verdrag van Barcelona betreffende de bescherming
van de Middellandse Zee tegen verontreiniging door de exploratie en de
exploitatie van het continentaal plat, de zeebodem en de ondergrond daarvan te
ondertekenen, overeenkomstig artikel 7 van het Verdrag van Barcelona, en deze
de daarvoor vereiste volmachten te verlenen.
Gedaan te Brussel,                               Voor de Raad
                                                 De Voorzitter
                                                                                 6
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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 expioitation 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 resuiting from
exploration and expioitation 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 economie and social imperatives of the developing countries,
        Have agreed as follows:
*
  The representative of Turkey expressed a reservation.
                                                                                                        (,
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                                                                                                         page 5
SECT10N I         -     GENERAL PROVISIONS
Article 1         -      DEFINITIONS
For the purposes of this Protocol:
(a)      "Convention" means the Convention for the Protection of the Mediterranean Sea against
         Pollution, adopted at Barcelona on 16 February 1976;
(b)      "Organlzatlon" 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 expioitation of the resources in the Protocol Area"
          (hereinafter referred to as "activities") means:
          (i)      Activities of scientific research concerning the resources of the sea-bed and its subsoil;
          (ii)     Exploration activities:
                          Seismological activities; surveys of the sea-bed and its subsoil. sample taking;
                          Exploration drilling;
           (iii)    Expioitation activities:
                          Installation of a fixed structure for the purpose of recovering resources, and activities
                          connected therewith;
                          Development drilling;
                          Recovery, treatment and storage;
                          Transportation to shore by pipeline and loading of ships;
                          Maintenance, repair and other ancillary operations;
 (e)       "Pollution" is defined as in article 2 paragraph (a) of the Convention;
 (0        "Installation" means any fixed or floating structure, and any integral part thereof, that is engaged
           in activities, including, in particular
            (i)     Fixed or mobile offshore drilling units;
            (ii)    Fixed or floating production units including dynamically positioned units;
            (iii)   Offshore storage facilities including ships used for this purpose;
            (iv)    Offshore loading terminals and transport systems for the extracted products. such as
                    submarine pipelines;
            (v)     Apparatus attached to it and equipment for the reloading, processing, storage and
                    disposal of substances removed from the sea-bed or its subsoil;
                                                                                                                    7
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page 6
(g)    "Operator" means:
        (i)   The person authorized by the Party exercising jurisdiction over the area where the
              activities are undertaken (hereinafter referred to as the "Competent State") in accordance
              wrth this Protocol to carry out activities; or
        (ii)  Any person who does not hold a valid authorization within the meaning of this Protocol
              but is de facto in overall control of the activities;
(h)    "Safety zone" means a zone established around installations in conformity with the provisions
       of genera! international law and technicai requirements, with appropriate markings to ensure the
       safety of both navigation and the installations;
(i)    "Wastes" means substances and materials of any kind, form, or description which are intended
       to be abandoned or are abandoned in the Protocol Area and which might cause pollution;
(j)    "Harmful or noxious substances and materials" means substances and materials 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;
        (iv)  The area within which the chemical may escape into the marine environment;
(I)    "OU" means petroleum in any form including crude oil. fuel oil, oily sludge, oil refuse and refined
       products and, without limiting the generality of the foregoing, includes the substances listed in
       the appendix to this Protocol;
(m)    "Oily mixture" means a mixture with any oil content;
(n)    "Sewage" means:
       (i)    Drainage and other wastes from any form of toilets, urinals and water-closet scuppers;
       (ii)   Drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs
              and scuppers located in such premises;
       (iii)  Other waste waters when mixed with the drainages defined above;
(o)    "Garbage" means all kinds of victuai, domestic and operational waste generated during the
       normal operation of the installation and liable to be disposed of continuously or periodically,
       except those substances which are defined or listed elsewhere in this Protocol;
(p)    "Freshwater limit" means the place in water courses where, at low tides and in a period of low
       freshwater flow, there is an appreciable increase in salinity due to the presence of sea water.
*   The representath/e of Turkey expressed a reservation.
                                                                                                           7>
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                                                                                                        page 7
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 baselines from which the breadth of the territorial sea
                 is measured and extending, in the case of watercourses, up to the freshwater limit.
2.       Any of the Contractlng Parties to this Protocol (referred to in this Protocol as "the Parties") may
          also include in the Protocol area wetlands or coastal areas of their territory.
Article 3        -      GENERAL UNDERTAKINGS
1.       The Parties shall take, individually or through bilateral or multilateral cooperation, all appropriate
          measures to prevent, abate, combat and control pollution in the Protocol Area resulting from
         activities, interalia by ensuring that the best available technology, environmentally effective and
          economically appropriate, is used for this purpose.
2.       The Parties shall ensure that all necessary measures are taken so that activities do not cause
          pollution.
SECTION II -            AUTHORIZATION SYSTEM
Article 4        -      GENERAL PRINCIPLES
1.        All activities in the Protocol Area, including erection on site of installations, shall be subject to
         the prior written authorization for exploration or exploitation from the competent national
         authority of the Competent State. Such authority, before granting the authorization, should be
          satisfied that the installation nas been constructed according to international standards and
          practice and that the operator has the technical competence and the financial capacity to carry
          out the activities. Such authorization should be granted in accordance wrth the appropriate
          procedure, as defined by the competent national authority.
2.       Authorization shall be refused if there are indications that the proposed activities are likely to
          cause significant adverse effects on the environment that could not be avoided by compliance
         wrth the conditlons laid down in the authorization and referred to in article 6, paragraph 3. of this
          Protocol.
3.       When consldering 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 AUTHORIZATIONS
1.       The Competent State shall prescribe that any application for authorization or for the renewal of
         an authorization is subject to the submission of the project by the candidate operator to the
         competent national authority and that any such application must include, in particular, the
         following:
   The representative of Turkey expressed a reservation.
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 8
          (a)    A survey concerning the effects of the proposed activities on the environment; the
                 competent national authority may, in the light of the nature, scope, duration and technical
                 methods employed in the 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 activity is envisaged, including
                 safety zones;
          (c)    Particulars of the professional and technical qualrfications of the candidate operator and
                 personnei on the installation, as well as of the composition of the crew;
          (d)    The safety measures as specified in article 15;
          (e)    The operator's contingency plan as specrfied in article 16;
          (f)    The monitoring procedures as specrfied in article 19;
          (g)    The plans for removai of installations as specified in article 20;
          (h)    Precautions for specially protected areas as specrfied in article 21;
          (f)    The Insurance or other flnancial security to cover llability as prescribed in article 27,
                 paragraph 2 (b).
2.        The competent national authority may decide, for scientific research and exploration activities,
          to limit the scope of the requirements laid down in paragraph 1 of this article, in the light of the
          nature, scope, duration and technical methods employed in the 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 specrfy the activities and the period of validity of the authorization,
          establish the geographical limits of the area subject to the authorization and specrfy the
          technical requirements and the authorized installations. The necessary safety zones shall be
          established at a later appropriate stage.
3.        The authorization may impose conditions regarding measures, techniques or methods designed
          to reduce to the minimum risks of and damage due to pollution resulting from the activities.
4.        The Parties shall notify the Organization as soon as possible of authorizations granted or
          renewed. The Organization shall keep a register of all the authorized installations in the Protocol
          Area.
Article 7        -     SANCTIONS
Each Party shall prescribe sanctions to be imposed for breach of obligations arising out of this Protocol,
or for non-observance of the national laws or regulations implementing this Protocol, or for non-
fulfillment of the specific conditions attached to the authorization.
                                                                                                               Ai
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                                                                                                    page 9
SECTION III -         WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
Artlde 8              GENERAL OBUGATION
Without prejudice to other standards or obligations referred to in this Section, the Parties shall impose
a genera! obligatton upon operators to use the best available, environmentally effective and economically
appropriate technology and to observe internationally accepted standards regarding wastes as well as
the use, storage and discharge of harmful or noxious substances and materiaJs, with a view to
minimizing the risk of pdlution.
Article 9       -     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
1.       The use and storage of chemicals for the activitles 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 regulate, limit or prohibit the use of chemicals for the activities in
          accordance with guidelines to be adopted by the Contracting Parties.
3.        For the purpose of protecting" the environment, the Parties shall ensure that each substance and
          material used for activrties is accompanied by a compound description provided by the entity
          producing such substance or material. < The Parties may require a description of the
          substances and materials used to protect the installation. >
4.       The disposal into the Protocol Area of harmful or noxious substances and materials listed in
         annex I to this Protocol is prohibited.
5.       The disposal into the Protocol Area of harmful or noxious substances and materials listed in
         annex II to this Protocol requires, in each case, a prior special permit from the competent
          national authority of the Competent State.
6.       The disposal into the Protocol Area of all other harmful or noxious substances and materials
         which might cause pollution requires a prior genera! 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
         consideratlon of all the factors set forth In annex III to this Protocol.
Article 10      -     OIL AND OILY MIXTURES AND DRILUNG FLUIDS
1.       The Parties shall formulate and adopt common standards for the disposal of oil and oily
         mixtures from installations into the Protocol Area:
          (a)   Such common standards shall be formulated in accordance with the provisions of annex
                V. A;
          (b)   Such common standards shall not be less restrictive than, in particular, the following:
                (i)   For machinery space drainage, a maximum oil content of 15 mg per Ittre 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
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page 10
2.       The Parties shall formulate and adopt common standards for the use and disposal of drilling
         fluids and drill cuttings into the Protocol Area. Such common standards shall be formulated in
         accordance with the provisions of annex V, B.
3.       Each Party shall take appropriate measures to enforce the common standards adopted pursuant
         to thls article 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
                natlonai authority at a distance of at least four nauticai miles from the nearest land or frxed
                fisheries installation, leaving the competent state authority to decide on a case by case
                basis; or
         (b)    The sewage is not treated, at a distance of more than twelve nauticai miles from the
                nearest land or frxed fisheries installation, 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 certrfied by rts
                competent national authority.
2.       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.
3.       The exceptlons referred to in paragraph 1 shall not apply if the discharge produces visible
         floatlng soikJs or produces colouration, discoJouration or opacrty of the surrounding water.
4.       If the sewage is mixed with wastes and harmful or noxious substances and materials having
         different disposal requirements, the more stringent requirements shall apply.
Article 12      -     GARBAGE
1.       The Competent State shall prohibit the disposal into the Protocol Area of the following products
         and materials:
         (a)    All plastics, including but not llmrted to synthetic ropes, synthetic fishing nets and plastic
                garbage bags;
         (b)    All other non bio-degradable garbage, including paper products, rags, glass, me tal.
                bottles, crockery, dunnage, lining and packing materials.
*    The representative of Turkcy expressed a reservation.
                                                                                                                Al
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                                                                                                   page 11
2.       Disposal into the Protocol Area of food wastes shall take place as far away as possible from
         land, but in any case not less than twerve 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.
3.       If garbage is mixed with other discharges having different disposaJ 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 harmful or noxious substances and materials
         in designated onshore reception facilities, except as otherwise authorized by the Protocol;
(b)      Instructions are given to all personnel conceming proper means of disposal;
(c)      Sanctions are imposed in respect of illegal disposals.
Article 14      -     EXCEPTIONS
1.       The provisions of this Sectlon shall not apply in case of:
          (a)   Force majeure and in particular for disposals:
                - to save human life,
                - to ensure the safety of installations,
                - in case of damage to the installation or its equipment,
                on condrtion that all reasonable precautions have been taken after the damage is
                discovered or after the disposal has been performed to reduce the negath/e effects.
          (b)   The discharge into the sea of substances containing oü or harmful 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 full details of the circumstances and of the
          nature and quantities of wastes or harmful or noxious substances or materials discharged.
     The representative of Turkey expressed a reservation.
                                                                                                             /il
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page 12
SECTION IV -            SAFEGUARDS
Artlcle 15        -     SAFETY MEASURES
 1.      The Competent State within whose jurisdiction actrvities are envisaged or are being carried out
         shall ensure that safety measures are taken with regard to the design, construction. placement,
         equipment, marklng, 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 poHution and facil'rtating prompt response to an emergency, in
         accordance wrth the best available environmentally effective and economically appropriate
         techndogy and the provisions of the operator* s contingency plan referred to in artlcle 16.
3.       The competent nationai 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
         facil'rties, offshore loadfng systems and pipelines and in respect of such other installations as
         may be specrfied by the Competent State.
4.       The Partles shall ensure through inspection that the actrvities are conducted by the operators
         in accordance with this article.
Artlcle 16        -     CONTINGENCY PLANNING
 1.      Each Party shall endeavour to promote and malntain a plan for combating pollution or other
         adverse effects and for saving human life in the Protocol Area in cases of emergencies resulting
         trom actrvities (hereinafter referred to as "nationai contingency plan"), taking into account the
         Protocol concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and
         Other Harmful Substances In Cases of Emergency. The nationai contingency plan should
         establish and co-ordinate in particular, the equipment ships, aircraft and manpower prepared
         for operations in cases of emergencies. The Partles shpuld promote bilateral or multilateral
         cooperation regarding their nationai 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 nationai contingency plan
         estabJished in accordance with the Protocol concerning Cooperation in Combating Pollution of
         the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency and
         approved in conformity wrth the procedures established by the competent nationai authorities.
3.       The Competent State shall establish nationai co-ordination and direction in accordance with
         annex VII to this Protocol.
Article 17        - NOTIFICATION
Each Party shall require operators in charge of installations under its jurisdiction to report without delay
to the competent nationai 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 representative of Franco expressed a reservation.
                                                                                                             Ak
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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 actrvrties may request help from the other Parties, either directly or through the
Organlzatlon, whlch shall do their utmost to provide the assistance requested.
For thls purpose, a Party who is also a Party to the Protocol concerning cooperation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency shall
apply the pertinent provisions of the said Protocol.
Article 19     -      MONITORING
1.       The operator shall be required to measure or to entrust to a qualrfied entity, expert in the matter,
         the effects of the actrvrties on the environment in the light of the nature, scope, du rat ion and
         technical methods employed in the activities and of the characteristics of the area and to report
         on them periodically or upon request by the competent national authority of the Competent
         State for the purpose of an evaluation by such national authorjty according to a procedure
         established by the Competent State in its authorization system.
2.       The competent national authority of the Competent State should establish, where appropriate,
         a national monitoring system in order to be in a posrtion to survey regulariy the installations and
         the impact of the actrvrties 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 legrtimate uses of the sea, in particular fishing, the protection of the
         marine environment and the rights and duties of other States. Prior to it, the operator under his
         responsibility shall take all necessary measures to prevent spillage or leakage from the site of
         the activities.
2.       The Competent State shall require the operator to remove abandoned or disused pipelines in
         accordance wrth paragraph 1 of this article or to abandon and clean them inside or to bury and
         clean them inside so that they neither cause pollution, endanger navigation, hinder fishing,
         threaten the marine environment, nor interfere wrth other legrtimate uses of the sea or with the
         rights and duties of other States. The competent national authority shall ensure that appropriate
         pubiicity is given to the depth, position and dimensions of any buried pipeline and that such
         information is indicated on charts and notified to the Organization and other competent
         international organizations and the Parties.
3.       The provisions of this article apply also to installations disused or abandoned by any operator
         whose authorization may have been withdrawn or suspended in compllance wrth article 7.
4.       The Competent State may indicate eventual modifications to be made to the level of actrvrties
         and to the measures for the protection of the marine environment which had Inrtially been
         provkJed for.
   The representafrve of Turkey expressed a reservation.
                                                                                                              /*>'
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page 14
5.        The Competent State may regulate the cession or transfer of authorized actrv'rties to other
          persons.
6         Where the operator fails to comply wrth the provisions of this article, the competent nationai
          authority of the Competent State shall undertake, at the operator"s expense, such action or
          actions as may be necessary to remedy the operator's failure to act.
Article 21      -      SPECIALLY PROTECTED AREAS *
ALTERNAT1VE (A):
For the protection of the areas defined in article 3 of the Protocol concerning Medrterranean Specially
Protected Areas and any other area estaolished by the Parties and in furtherance of the goals stated
therein, the Parties snaJI take special measures in conformrty wrth international law, erther indh/idually
or through multilateraJ or bilatera! cooperation, to prevent, abate, combat and control pollution arising
from acth/itles in these areas.
In addition to the measures referred to in the Protocol concerning Specially Protected Areas for the
granting of authorization, such measures may include, inter a/ia:
ALTERNATIVE (B):
In addition to the measures referred to in the Protocol concerning Mediterranean Specially Protected
Areas, the Parties to the present Protocol may take additional measures to protect these areas, including
inter al Ja:
(a)       Special restrictions or condrtions when granting authorizations for such areas:
          (i)   The preparation and evaluation of environmental impact assessments;
          (ii)  Special eiaboration of provisions in such areas concerning the monitoring, removal of
                instaliations and prohibrtion of any discharge.
(b)       Intensrfied exchange of Information among operators, the competent nationai authorities, Parties
          and the Organization regarding matters which may affect such areas.
SECTIONY -             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 representative of Turkey expressed a reservation.
                                                                                                           /)t
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                                                                                                       page 15
(a)      Carrying out actfvities in a way which minimizes the risk of pollution;
(b)      Preventlng, abating, combating and controlling pollution, especially in cases of emergency.
Artlde 23        -     INTERNATIONAL RULES, STANDARDS AND RECOMMENDED PRACTICES AND
                       PROCEDURES
1.       The Partles shall cooperate, either dlrectly or through the Organization or other competent
         international organizations. in order to:
         (a)     Establish appropriate scientfflc 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 mies, standards and recommended practices
                and procedures;
         (c)    The Parties shall formulate and adopt guidelines in accordance with international practices
                and procedures to ensure observance of the provisions of annex VI.
2.       The Parties shall, as soon as possible, endeavour to harmonize their laws and regulations with
         the international rules, standards and recommended practices and procedures referred to in
         paragraph 1 of this article.
3.       The Parties shall endeavour, as far as possible, to exchange Information relevant to their national
         pollcies, laws and regulations and the harmonization referred to in paragraph 2 of this article.
Article 24      -      SCIENTIFIC AND TECHNICAL ASSISTANCE TO DEVELOPING COUNTRIES
1.       The Parties shall, directly or with the assistance of competent regional or other international
         organizations, cooperate with a view to formulating and, as far as possible, implementing
         programmes of assistance to developing 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, legai and technical
         personnel. as well as the acquisrtion, 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, rf the case arises. of difficulties encountered in the application of this Protocol.
Procedures for the collection and submission of such information shall be determined at the meetings
of the Parties.
Article 26      -     TRANSFRONTIER POLLUTION
1.       Each Party shall take all measures necessary to ensure that acth/ities under their jurisdiction are
         so conducted so as not to cause a pollution beyond the limits of its jurisdiction.
                                                                                                                7?
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page 16
2.       A Party wrthin whose jurisdiction actrvities are being envisaged or carried out should take into
         account any adverse environmental effects, without discrimination as to whether such effects
         are likeiy to occur wrthin the limits of lts 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 nas been damaged, by pollution, it shall immediately notrfy other Parties
         which in lts opinion are likeiy to be affected by such damage as well as the Organization and
         provide them with timely information that would enable them, where necessary. to take
         appropriate measures. The Organization shall distribute the information immediately to all
         relevant Parties.
4.       The Parties shall endeavour, in accordance with their legal systems and, where appropriate. on
         the basis of an agreement, to grant equal access to and treatment in administratie proceedings
         to persons in other States who may be affected by pollution or other adverse effects resulting
         from proposed or existing operations.
5.       Where pollution originates in the territory of a State which is not a Contracting Party to this
         Protocol, any Contracting Party affected shall endeavour to cooperate with the said State so as
         to make possibie the application of the Protocol.
Artlcle 27      -     UABIUTY AND COMPENSATION *
1.       The Parties undertake to cooperate as soon as possibie in formulating and adopting appropriate
         procedures for the determination of liabil'rty and compensation for damage resulting from the
         actrvities dealt with In this Protocol, in conformity with artide 12 of the Convention.
2.       Pending development of such procedures, the Parties:
          (a)   Shall take all measures necessary to ensure that liabil'rty for damage caused by actrvities
                is imposed on operators, and they shall be required to pay prompt and adequate
                compensation, to be determined on the basis of strict and limrted liability
ALTERNAT1VE 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 under
                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 nis responsibility with any insurance or other financial
                 securrties.
      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.
                                                                                                            4
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                                                                                                      page 17
SECTIONVI -          FINAL PROVISIONS
Artlcle 28      -    APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
Each Competent State shall appolnt one or more competent national authorities to:
(a)       Grant renew and register the authorizations provided for in Section II of this Protocol;
(b)       Issue and register the special and genera! permrts 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 certify the sewage treatment plant referred to in article 11,
          paragraph 1, of this Protocol;
(e)       Grve the prior approvai for exceptional discharges referred to in article 14, paragraph 1 (b), of
         this Protocol;
(0        Carry out the duties regarding safety measures referred to in article 15, paragraphs 3 and 4, of
          this Protocol;
(g)       Perform the functions relating to contingency planning described in article 16 and annex VII to
         this Protocol;
(h)       Estabiish monitoring procedures as provided in article 19 of this Protocol;
(i)       Supervise the removal operations of the installations as provided in article 20 of this Protocol.
Article 29      -    TRANSITIONAL MEASURES
Each Party shall elaborate procedures and regulations regarding actrvrties, whether authorized or not.
Initlated before the entry Into force of this Protocol, to ensure their conformity, as far as practicable, with
the provlsions of this Protocol.
Article 30      -     MEETINGS
1.       Ordlnary meetings of the Parties shall take place in conjunctlon with ordinary meetings of the
          Contracting Parties to the Convention held pursuant to article 14 of the Convention. The Parties
          may also hold extraordinary meetings in accordance with article 14 of the Convention.
2.       The functions of the meetings of the Parties to this Protocol shall be, inter alia:
          (a)   To keep under review the Implementation of this Protocol and to consider the efficacy of
                the measures adopted and the advisabilrty 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 authorizations granted or renewed in accordance
                with Section II of this Protocol;
          (d)   To consider the information concerning the permits issued and approvals given in
                accordance with Section III of this Protocol;
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page 18
         (e)   To adopt the gukJelines referred to in article 9, paragraph 2, and article 23, paragraph 1
                (c), of this Protocol;
         (f)   To consider the records of the contingency plans and means of intervention In
               emergencies adopted in accordance wrth article 16 of this Protocol;
         (g)   To estabiish criteria and formulate international mies, standards and recommended
                practices and procedures in accordance wrth artide 23, paragraph 1. of this Protocol, in
               whatever form the Partles may agree;
         (h)   To facilitate the implementation of the policies and the achievement of the objectives
                referred to in Section V, in particular the harmonization of national laws in accordance wrth
               article 23, paragraph 2 of this Protocol;
         (i)   To review progress made in the implementation of article 27 of this Protocol;
         (j)   To discharge such other functions as may be appropriate tor the applicatlon of this
                Protocol.
Article 31      -     RELATIONS WITH THE CONVENTION
1.       The provisions of the Convention relating to any Protocol shail appJy wrth respect to this
         Protocol.
2.       The mies of procedure and the financial mies adopted pursuant to article 18 of the Convention
         shail apply wrth respect to this Protocol, unless the Parties to this Protocol agree otherwise.
Article 32      -     F1NAL CLAUSE
1.       This Protocol shail be open for signature, at                      from         to          , and at
                        from         to              , by any State Party to the Convention invrted to the
         Conference of Plenipotentlaries of the Coastal States of the Medrterranean Region for the
         Protectlon of the Medrterranean Sea against Pollution resulting from Exploration and Exploitation
         of the Sea-bed and its Subsoil, held at               from      to       . It shail also be open until
         the same dates for signature by the European Economie Community and by any similar regional
         economie grouping of which at least one member is a coastal State of the Protocol Area and
         which exercises competence in fields covered by this Protocol in conformity with article 24 of
         the Convention.
2.       This Protocol shail be subject to ratification, acceptance or approval. Instmments of ratification,
         acceptance or approval shail be deposited with the Government of Spain, which will assume the
         functions of Deposrtary.
3.       As from                , this Protocol shail be open for accession by the States referred to in
         paragraph 1 above, by the European Economie Community and by any grouping referred to in
         that paragraph.
4.       This Protocol shail enter into force on the thirtieth day following the date of deposrt of at least
         six Instruments of ratification. acceptance or approval of, or accession to, the Protocol by the
         Parties referred to in paragraph 1 of this article.
                                                                                                                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.
                                                                                             3*
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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 materials and compounds thereof are listed for the purposes of
        article 9, paragraph 4 of the Protocol. They have been seiected mainly on the basis of their
        toxicrty, 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 which may form such compounds in the
               marine environment-/
        5.     Organohalogen compounds and substances which may form such compounds in the
               marine environment-/
        6.     Crude oil, fuel oil, oily sludge, used lubricating oils and refined products
        7.     Persistent synthetlc materials which may float, sink or remain in suspension and which
               may interfere with any legitimate use of the sea
        8.     Substances having proven carcinogenic, teratogenic or mutagenic properties in or through
               the marine environment
        9.     Radioactive substances, including their wastes, rf their discharges do not comply with the
               principles of radiation protection as defined by the competent international organizations,
               taking into account the protection of the marine environment
B.      The present annex does not apply to discharges which contain substances listed in section A
        that are below the limits defined jointly by the Parties and, in relation to oil, below the limits
        defined in article 10 of this Protocol.
-/      With the exception of those which are biologically harmless or which are rapidly converted into
        biologically harmless substances.
                                                                                                           %i
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                                                                                            page 21
                                            ANNEX II
                HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                 THE DISPOSAL OF WHICH IN THE PROTOCOL AREA
                            IS SUBJECT TO A SPECIAL PERMIT
   The foilowing substances and materials and compounds thereof have been selected for the
   purpose of article 9, paragraph 5 of the Protocol.
   1.    Arsenic
   2.    Lead
   3.    Copper
   4.   Zinc
   5.    Beryllium
   6.    Nickel
   7.    Vanadium
   8     Chromium
   9.    Biocides and their derivatives not covered in annex
   10.   Selenium
   11.   Antimony
   12.   Molybdenum
   13.   Titanium
   14.   Tin
   15.   Barium (other than barium sulphate)
   16.   Boron
    17.  Uranium
   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.
                                                                                                     Q 9
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 22
                                                 ANNEX III
                FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS
         For the purpose of the issue of a permit required under article 9, paragraph 7, particular account
will be taken, as the case may be, of the followlng factors:
         Characteristics and composition of the waste
         1.    Type and size of waste course (e.g. industrial process);
         2.    Type of waste (origin, average composition);
         3.    Form of waste (solkJ, liquid, sludge, slurry, gaseous);
         4.    Total amount (volume discharged, eg. per year);
         5.    Discharge pattem (continuous, intermittent, seasonally variable, etc);
         6.    Concentrations wrth respect to major constituents, substances listed in annex I.
               substances listed in annex II, and other substances as appropriate;
         7.    Physical, chemical and biochemical propertles for the waste.
         Characteristics of waste constituents with respect to their harmfulness
          1.   Persistence (physical, chemical, biological) in the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in biological materials or sediments;
         4.    Biochemical transformation producing harmful compounds;
         5.    Adverse effects on the oxygen content and balance;
         6.    Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic
               environment wrth other sea-water constituents which may produce harmful biological or
               other effects on any of the uses listed in section E below.
         Characteristics of discharge site and receivinq marine environment
          1.   Hydrographic. meteorological, geological and topographical characteristics of the area;
         2.    Location and type of the discharge (outfall, canal, outlet. etc.) and its relation to other
               areas (such as amenity areas, spawning, nursery and fishing areas. shellfish grounds) and
               other discharges;
         3.    Initial dilution achieved at the point of discharge into the receiving marine environment;
                                                                                                            rU
 ---pagebreak---                                                                             UNEP(OCA)/MED WG.30/4
                                                                                                page 23
        4.    Dispersion characteristics such as effects of currents, tkJes and wind on horizontal
              transport and verticai mixing;
        5.    Recerving water characteristics with respect to physical, chemical, biological and
              ecoiogicai conditions in the discharge area;
        6.    Capacity of the receiving marine environment to receive waste discharges without
              undesirable effects.
D.      Availability of waste technologies
The methods of waste reduction and discharge for industrial effluents as wefl as domestic sewage should
be selected taking into account the availability and feasibility of:
        (a)   Altemative treatment processes;
        (b)   Re-use or eliminatlon methods;
        (c)   On-land disposal alternatrves;
        (d)   Appropriate low-waste technologies.
E.      Potential impairment of marine ecosystem and sea-water uses
        1.    Effects on human Irfe through pollutlon impact on:
              (a)    Edible marine organisms;
              (b)    Bathing waters;
              (c)    Aesthetics.
        2.    Effects on marine ecosystems, in particular living resources, endangered species and
              critica! habrtats.
        3.    Effects on other legitimate uses of the sea in conformity with international law.
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page 24
                                                 ANNEX IV
                             ENVIRONMENTAL IMPACT ASSESSMENT
1. Each Party shall require that the environmental impact assessment contains at least the following:
    (a)  A description of the geographical boundaries of the area within which the activities are to be
         carried out, inciuding safety zones where applicable;
    (b)  A description of the initial state of the environment of the area;
    (c)  An indication of the nature, aims, scope and duration of the proposed activities;
    (d)  A description of the methods, installations and other means to be used, possible aJternatives
         to such methods and means;
    (e)  A description of the foreseeable direct or indirect short and long-term effects of the proposed
         acth/rtles on the environment, inciuding fauna, flora and the ecological balance;
    (f)  A statement setting out the measures proposed for reducing to the minimum the risk of
         damage to the environment from carrying out the proposed activities; in add'rtion, possible
         alternatrves 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 mies, standards and
    recommended practices and procedures, adopted in accordance with article 23 of the Protocol, by
    which environmental impact assessments are to be evaluated.
                                                                                                         1>
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                                                                                                    page 25
                                                   ANNEX V
                             OIL AND OILY MIXTURES AND DRIUJNG FLUIDS
The following provisions shall be prescribed by the Parties in accordance with article 10:
A    Pil and Oilv Mixtures
      1.     Spills of high oil content in processing drainage and platform drainage shall be contained,
             diverted and then treated as part of the product, but the remainder shall be treated to an
             acceptable leve! before discharge, in accordance with good oilfield practice;
      2.     Oiiy 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 weil testing;
      4.     All the necessary precautions should be taken to ensure that any gas resulting from oil
             activrties should be flared or used in an appropriate manner.
      Drilllnq Ruids and Drill Cuttinqs
      1.     Water-based drilling fluids and drill cuttings are subject to the following requirements:
             (a) The use and disposaJ of such drilling fluids are subject to the Chemical Use Plan and
                   the provisions of article 9 of this Protocol;
             (b) The disposaJ of the drill cuttings shall either be made on land or into the sea in an
                   appropriate site or area as specified by the Competent State.
      2.     Oil-based drilling fluids and drill cuttings are subject to the following requirements:
             (a) Such fluids shall only be used rf they are of a sufflclently low toxicrry and only after the
                   operator has been issued a permit by the competent national authorrty of the Competent
                   State when rt has verified such low toxicity;
             (b) The disposaJ into the sea of such drilling fluids is prohibrted;
             (c) The disposaJ of the drill cuttings into the sea is only permrtted on condition that an
                   efficiënt solids control equipment is installed and properly operated, that the discharge
                   point is well below the surface of the water, and that the oil content is less than 100
                   grams of oil per kilogram dry cuttings;
             (d) The disposal of such drill cuttings in specially protected areas Is prohibited;
              (e) In case of production and development drilling, a programme of sea-bed sampling and
                   analysis relating to the zone of contamination must be undertaken.
      Diesel-based drilling fluids:
      The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally be added to
      drilling fluids in such circumstances as the Parties may specify.
                                                                                                              '?-
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page 26
                                                 ANNEX VI
                                            SAFETY MEASURES
The following provislons shall be prescribed by the Parties in accordance with article 15:
(a)  That the installation must be safe and fit for the purpose for which rt is to be used, in particular,
     that it must be designed and constmcted so as to withstand, together with its maximum load, any
      natura! condition, Including, more specrfically, maximum wind and wave cond'rtions as established
     by historical weather pattems, earthquake possibil'rties, sea-bed cond'rtions and stability, and water
     depth;
(b)  That all phases of the actrvities, Including storage and transport of recovered resources, must be
     properly prepared, that the whole acth/rry must be open to control for safety reasons and must be
     conducted In the safest possible way, and that the operator must apply a monrtoring system for
     all actrvities;
(c)  That the most advanced safety systems must be used and periodically tested in order to minimize
     the dangers of leakages, spillages, accidental discharges, fire, explosions, blow-outs or any other
     threat to human safety or the environment, that a trained specialized crew to operate and maintain
     these systems must be present and that this crew must undertake periodic exercises;
(d)  That the installation and, where necessary, the established safety zone, must be sufflcientJy marked
     so as to grve adequate waming of its presence and sufficiënt details for its identrfication using
     appropriate and intemationally recognized waming signais;
(e)  That In accordance with international mar'rtime practice, the installations must be indicated on
     charts and notrfied to those concemed;
(f)  That, In order to secure observance of the foregoing provisions, the person and/or persons having
     the responsibility for the installation and/or the activities, including the person responsible for the
     blow-out preventer, must have the qualifications required by the Competent State, and that there
     must be permanently sufficiënt, qualrfied staff present at the installation. Such qualifications should
      include, in particular, training, on a continued basis, in safety and environmental marters.
                                                                                                             o
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                                                                                            page 27
                                              ANNEX VU
                                         CONTINGENCY PLAN
A. The operator's continqencv plan
   1. Operators are obliged to ensure:
       (a) That the most appropriate alarm system and communication system is availabie at the
            installation and that it is in good working order;
       (b) That the alarm Is immediately raised on the occurrence of an emergency and that any
            emergency Is Immediately 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 given 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;
       (0   That at all times sufficiënt and most appropriate materials and equipment, including
            stand-by boats and aircraft, are availabie 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, accidental
            discharges, fire, explosions, Wow-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
            responsible for reducing and preventing long-term adverse effects on the environment;
       (i)  That the crew is thoroughly familiar with the operator's contingency plan, that periodic
            emergency exercises are held so that the crew has a thorough working knowledge of the
            equipment and procedures and that each indrvkJuaJ knows exactly his role wrthin the plan.
   2. The operator should co-operate, on an institutional basis, with other operators or entities
       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.
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page 28
B.   National co-ordinatlon and directlon
The Competent State shall establish national co-ordination and direction to ensure, in case of an
emergency:
(a)  The co-ordinatlon of the national contingency plan and/or procedures and the operator's
     contingency plan and control of the conduct of actions, especially in case of significant adverse
     effects of the emergency;
(b)  Direction to the operator to take any action rt may specrfy in the course of preventing, abating or
     combating pollution or in the preparation of further action for that purpose, including placing an
     order for a relief drilling 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 wrthin the national jurisdiction with such actions
     undertaken wrthin the jurisdiction of other States or by international organizations;
(d)  CoJlection and ready avaiiability 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;
(f)  The collection of all necessary information concerning the extent and means of combating
     contingencies, and the dissemination of this information to interested Parties;
(g)  The co-ordinatlon and supervision of the assistance referred to in part A above, in co-operation
     with the operator;
(h)  The organizatlon and rf necessary, the co-ordination of specrfied actions including intervention by
     technical experts and trained personnel with the necessary equipment and materiais.
(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 Oil
                 Mixtures containing cmde oil
                 Diesel Oil
                 Fuel Oil No. 4
                 Fuel Oil No. 5
                 Fuel Oil No. 6
                 Residual Fuel Oil
                 Road Oil
                 Transformer Oil
                 Aromatic Oil (excluding vegetable oil)
                 Lubricating Oils and Blending Stocks
                 Mineral Oil
                 Motor Oil
                 Penetrating Oil
                 Spindle Oil
                 Turbine Oil
                 Distillates
                 Straight Run
                 Hashed 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
              Soivent
              Petroleum
              Heartcut Distillate Oil
              Gasoline Blendinq Stocks
              Alkylates - fuel
              Reformates
              Polymer - fuel
              Gasolines
              Casinghead (natural)
              Automotive
              Aviation
              Straight Run
              Fuel Oil No. 1 (Kerosene)
              Fuel OM No. 1-D
              Fuel Oil No. 2
              Fuel Oil No. 2-D
                                        &
 ---pagebreak---                                                                     ISSN 0254-1513
                                                              COM(92)169def.
                                                  DOCUMENTEN
NL                                                                             14
                                Catalogusnummer: CB-CO-92-185-NL-C
                                                            ISBN 92-77-43658-1
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