CELEX: 51995PC0202
Language: nl
Date: 1995-05-29
Title: Voorstel voor een BESLUIT VAN DE RAAD INZAKE DE ONDERTEKENING VAN DE HERZIENING VAN HET VERDRAG INZAKE DE BESCHERMING VAN DE MIDDELLANDSE ZEE TEGEN VERONTREINIGING ALSMEDE VAN DE PROTOCOLLEN INZAKE DE VOORKOMING VAN VERONTREINIGING DOOR STORTEN VANUIT SCHEPEN EN LUCHTVAARTUIGEN EN INZAKE SPECIAAL BESCHERMDE GEBIEDEN (VERDRAG VAN BARCELONA)

COMMISSIE VAN DE EUROPESE GEMEENSCHAPPEN
                                          Brussel, 29.05.1995
                                          COM(95)202 def.
                          Voorstel voor een
                     BESLUIT VAN DE RAAD
       INZAKE DE ONDERTEKENING VAN DE HERZIENING VAN
 HET VERDRAG INZAKE DE BESCHERMING VAN DE MIDDELLANDSE ZEE
TEGEN VERONTREINIGING ALSMEDE VAN DE PROTOCOLLEN INZAKE DE
VOORKOMING VAN VERONTREINIGING DOOR STORTEN VANUIT SCHEPEN
 EN LUCHTVAARTUIGEN EN INZAKE SPECIAAL BESCHERMDE GEBIEDEN
                  (VERDRAG VAN BARCELONA)
                   (door de Commissie ingediend)
 ---pagebreak---  ---pagebreak---                                     TOELICHTING
1. De Gemeenschap is Partij bij het Verdrag inzake de bescherming van de
   Middellandse Zee tegen verontreiniging'. Zij heeft eveneens de vier protocollen
   ondertekend die in het kader van het Verdrag zijn vastgesteld, namelijk het
   protocol inzake de voorkoming van verontreiniging door storten1, het protocol
   betreffende de samenwerking bij de bestrijding van verontreiniging door
   koolwaterstoffen en andere schadelijke stoffen2, het protocol tegen verontreiniging
   vanaf het land3 en het protocol inzake speciaal beschermde gebieden4.
2. Tijdens hun achtste gewone vergadering (Antalya, 12-15 oktober 1993) hebben de
   Partijen bij het Verdrag van Barcelona verzocht om een herziening van dit
   Verdrag en van de bijbehorende protocollen, met name die inzake storten vanuit
   schepen en luchtvaartuigen en inzake speciaal beschermde gebieden, alsook van
   het Actieplan voor de Middellandse Zee (PAM).
   Bij deze herzieningen is rekening gehouden met de resultaten van de Conferentie
   van de Verenigde Naties over milieu en ontwikkeling in Rio de Janeiro in juni
   1992. Beoogd wordt te zorgen voor een duurzame ontwikkeling van het
   mediterrane gebied en met name voor de instandhouding van de natuurlijke
   hulpbronnen en de biodiversiteit, en de bestrijding te intensiveren van de
   verontreiniging van de zee die wordt veroorzaakt door storten vanuit schepen en
   luchtvaartuigen en door afvalverbranding op schepen.
3. De werkingssfeer van de in het Verdrag en de twee protocollen aangebrachte
   wijzigingen valt althans gedeeltelijk onder de communautaire wetgevende
   bevoegdheid op het gebied van water, die zeer uitgebreid is, zowel door de
   richtlijnen die de Gemeenschap heeft vastgesteld als door de overeenkomsten
   waarbij zij Partij is.
4. In zijn ...e zitting op ... heeft de Raad de Commissie gemachtigd om namens de
   Gemeenschap deel te nemen aan de onderhandelingen en heeft hij daartoe
   onderhandelingsrichtsnoeren gegeven.
   Besluit  77/585/EEG,    PB   nr. L 240 van 19.9.1977
   Besluit  81/420/EEG,    PB   nr. L 162 van 19.6.1981
   Besluit  83/101/EEG,    PB   nr. L 67 van 12.3.1983
   Besluit  84/132/EEG,    PB   nr. L 68 van 10.3.1984
 ---pagebreak--- 5. De Commissie heeft vanaf het begin zitting gehad in de werkgroep die de
   ontwerp-herziening van het Verdrag en de twee protocollen moest voorbereiden
   en die daartoe van 14 tot 18 november 1994 en van 7 tot 11 februari 1995 in
   Barcelona bijeen was. Deze werkgroep heeft een belangrijke rol bij de
   onderhandelingen gespeeld, met name doordat hij uitging van de bestaande
   communautaire wetgeving op watergebied en dank zij zijn ervaring met de reeds
   ondertekende Zeeverdragen (Verdragen inzake de bescherming van het mariene
   milieu in het noordoostelijk deel van de Atlantische Oceaan en ter bescherming
   van het mariene milieu in het Oostzeegebied - 1974 - en herzien in 1992). Naar
   het oordeel van de Commissie is het resultaat van deze onderhandelingen geheel
   bevredigend.
6. Een Conferentie van de Gevolmachtigden is gepland voor 9 en 10 juni 1995 in
   Barcelona met het oog op de ondertekening van de herziene versie van het
   Verdrag van Barcelona en van de twee protocollen. Zij zal worden voorafgegaan
   door een vergadering van deskundigen in het kader van de negende vergadering
   van de Partijen bij genoemd Verdrag, die gepland is voor 5-8 juni 1995, waar de
   laatste hand aan de drie ontwerp-teksten moet worden gelegd.
7. De Commissie wijst de Raad erop dat het wenselijk is het besluit bijtijds vast te
   stellen opdat de Gemeenschap het protocol samen met de Lid-Staten die Partij zijn
   bij het Verdrag van Barcelona kan ondertekenen wanneer het voor ondertekening
   wordt opengesteld.
8. In dit verband wordt de Raad verzocht de Voorzitter te machtigen de persoon
   (personen) aan te wijzen die bevoegd zijn om namens de Gemeenschap, onder
   voorbehoud van latere sluiting, de herziening te ondertekenen van het Verdrag van
   Barcelona en van de protocollen inzake de voorkoming van verontreiniging door
   storten vanuit schepen en luchtvaartuigen en inzake speciaal beschermde gebieden.
 ---pagebreak---                          Voorstel voor een besluit van de Raad
                    inzake de ondertekening van de herziening van
  het Verdrag inzake de bescherming van de Middellandse Zee tegen verontreiniging
alsmede van de protocollen inzake de voorkoming van verontreiniging door storten vanuit
         schepen en luchtvaartuigen en inzake speciaal beschermde gebieden
                                         3
 ---pagebreak--- DE RAAD VAN DE EUROPESE UNIE,
Gelet op het Verdrag tot oprichting van de Europese Gemeenschap,
Gezien het voorstel van de Commissie,
Overwegende dat de Gemeenschap Partij is bij het Verdrag inzake bescherming van de
Middellandse Zee tegen verontreiniging1 (Verdrag van Barcelona) en de vier bijbehorende
protocollen2,
Overwegende dat de Commissie, in het kader van de door de Partijen bij het Verdrag van
Barcelona opgerichte werkgroep, namens de Gemeenschap heeft deelgenomen aan de
onderhandelingen over de herziening van het Verdrag van Barcelona en van de
protocollen inzake de voorkoming van verontreiniging door storten vanuit schepen en
luchtvaartuigen en inzake speciaal beschermde gebieden;
Overwegende dat de werkingssfeer van het Verdrag en genoemde protocollen althans
gedeeltelijk onder de bevoegdheid van de Gemeenschap valt;
Overwegende dat de Commissie bij de Raad verslag heeft uitgebracht over het positieve
resultaat van de onderhandelingen om hem in staat te stellen een definitief standpunt te
bepalen;
Overwegende dat de herziene tekst van het Verdrag en de twee protocollen moet worden
aangenomen en moet worden opengesteld voor ondertekening door de Verdragsluitende
Partijen tijdens de Conferentie van Gevolmachtigden die op 9 en 10 juni 1995 te
Barcelona zal worden gehouden;
Overwegende dat het van belang is dat de herziening van het Verdrag en de twee
protocollen, onder voorbehoud van latere sluiting, door de Gemeenschap kan worden
ondertekend,
BESLUIT:
                                   ENIG ARTIKEL
De Voorzitter van de Raad wordt gemachtigd de persoon (personen) aan te wijzen die
bevoegd zijn om namens de Gemeenschap, onder voorbehoud van latere sluiting, de
herziening te ondertekenen van het Verdrag van Barcelona en van de protocollen inzake
        PB  nr. L 240 van 19.9.1977, blz. 1 en 3
        PB  nr. L 240 van 19.9.1977, blz. 1 en 12
        PB  nr. L 162 van 19.6.1981, blz. 4
        PB  nr. L 67 van 12.3.1983, blz. 1
        PB  nr. L 68 van 10.3.1984, blz. 36
 ---pagebreak--- de voorkoming van verontreiniging door storten vanuit schepen en luchtvaartuigen en
inzake speciaal beschermde gebieden, en hun de daarvoor vereiste volmachten te
verlenen.
                                                   Gedaan te Brussel,
                                                  Voor de Raad
                                                  De Voorzitter
 ---pagebreak---                                         ANNEX III
AMENDMENTS TO THE CONVENTION FOR THE PROTECTION OF
 THE MEDITERRANEAN SEA AGAINST POLLUTION
                                           Title
CONVENTION FOR THE PROTECTION OF THE MARINE ENVIRONMENT AND THE
COASTAL REGION OF THE MEDITERRANEAN
                                        Preamble
     The Contracting Parties,
2. Fully aware of their responsibility to preserve and sustainably develop this
common heritage for the benefit and enjoyment of present and future generations,
7. Fully aware that the Mediterranean Action Plan, since its adoption in 1975 and
through its evolution, has contributed to the process of sustainable development in the
Mediterranean region and has represented a substantive and dynamic tool for the
implementation of the activities related to the Convention and its Protocols by the
Contracting Parties,
8.   Taking into account the results of the United Nations Conference on
Environment and Development, held in Rio de Janeiro from 4 to 14 June 1992,
9. Also taking into account the Declaration of Genoa of 1985, the Charter of
Nicosia of 1990, the Declaration of Cairo on Euro-Mediterranean Cooperation on the
Environment within the Mediterranean Basin of 1992, the recommendations of the
Conference of Casablanca of 1993, and the Declaration of Tunis on the Sustainable
Development of the Mediterranean of 1994,
10. 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 and signed by many
Contracting Parties,
     Have agreed as follows:
                                                 (
 ---pagebreak---                                            Article 1
                               GEOGRAPHICAL COVERAGE
2. The application of the Convention may be extended to coastal areas as defined
 by each Contracting Party within its own territory.
3. Any Protocol to this Convention may extend the geographical coverage to which
that particular Protocol applies.
                                           Article 2
                                        DEFINITIONS
(a)   "Pollution" means the introduction by man, directly or indirectly, of substances
      or energy into the marine environment, including estuaries, which results, or is
      likely to result, in such deleterious effects as harm to living resources and marine
      life, hazards to human health, hindrance to marine activities, including fishing
      and other legitimate uses of the sea, impairment of quality for use of seawater
      and reduction of amenities.
                                          Article 3
                                  GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral agreements,
including regional or sub-regional agreements for the promotion of sustainable
development, the protection of the environment, the conservation and preservation of
natural resources in the Mediterranean Sea Area, provided that such agreements are
consistent with this Convention and the Protocols and conform to international law.
Copies of such agreements shall be communicated to the Organization. As
appropriate, Contracting Parties should make use of existing organizations,
agreements or arrangements in the Mediterranean Sea Area.
2. Nothing in this Convention shall prejudice therights[and positions] of any
State concerning the United Nations Convention on the Law of the Sea of 1982
and the nature and extent of port, coastal and flag State jurisdiction.
3. The Contracting Parties shall take individual or joint initiatives, compatible
with international law through the relevant international organizations to
encourage the implementation of the provisions of this Convention and its
Protocols by all the non-party states.
                                          }
 ---pagebreak---                                            Article 4
                                  GENERAL OBLIGATIONS
 1. The Contracting Parties shall individually or jointly take all appropriate measures
in accordance with the provisions of this Convention and those Protocols in force to
which they are party to prevent, abate, combat and to the fullest possible extent
eliminate pollution of the Mediterranean Sea Area and to protect and enhance the
marine environment in that Area so as to contribute towards its sustainable
development.
2. The Contracting Parties pledge themselves to take appropriate measures to
implement the Mediterranean Action Plan and, further, to pursue the protection of the
marine environment and the natural resources of the Mediterranean Sea Area as an
integral part of the development process, meeting the needs of present and future
generations in an equitable manner. For the purpose of implementing the
objectives of sustainable development the Contracting Parties shall take fully
into account the recommendations of the Mediterranean Commission on
Sustainable Development established within the framework of the Mediterranean
Action Plan.
3. In order to protect the environment and contribute to the sustainable
development of the Mediterranean Sea Area, the Contracting Parties shall:
     (a)   apply, in accordance with their capabilities, the precautionary principle, by
           virtue of which where there are threats of serious or irreversible damage,
           lack of full scientific certainty shall not be used as a reason for postponing
           cost-effective measures to prevent environmental degradation;
     (b)   apply the polluter pays principle, by virtue of which the costs of pollution
           prevention, control and reduction measures are to be borne by the polluter,
           with due regard to the public interest;
     (c)   undertake environmental impact assessment for proposed activities that are
           likely to cause a significant adverse impact on the marine environment and
           are subject to an authorization by competent national authorities;
     (d)   promote cooperation between and among States in environmental impact
           assessment procedures related to activities under their jurisdiction or
           control which are likely to have a significant adverse effect on the marine
           environment of other States or areas beyond the limits of national
          jurisdiction, on the basis of notification, exchange of information and
           consultation;
                                                  %
 ---pagebreak---        (e)  commit themselves to promote the integrated management of the coastal
            zones, taking into account the protection of areas of ecological and
            landscape interest and the rational use of natural resources.
4. In implementing the Convention and the related Protocols, the Contracting
 Parties shall:
       (a)  adopt programmes and measures which contain, where appropriate, time
            limits for their completion;
       (b)  utilize the best available techniques and the best environmental practices
            and promote the application of, access to and transfer of environmentally
            sound technology, including clean production technologies, taking into
            account the social, economic and technological conditions.
5. The Contracting Parties shall cooperate in the formulation and adoption of
Protocols, prescribing agreed measures, procedures and standards for the
implementation of this Convention.
6. The Contracting Parties further pledge themselves to promote, within the
international bodies considered to be competent by the Contracting Parties, measures
concerning the implementation of programmes of sustainable development, the
protection, conservation and rehabilitation of the environment and of the natural
resources in the Mediterranean Sea Area.
                                         Article 5
                   POLLUTION CAUSED BY DUMPING FROM SHIPS
                     AND AIRCRAFT AND INCINERATION AT SEA
      The Contracting Parties shall take all appropriate measures to prevent, abate
and to the fullest possible extent eliminate pollution of the Mediterranean Sea Area
caused by dumping or incineration from ships and aircraft.
                                         Article 6
                                POLLUTION FROM SHIPS
      The Contracting Parties shall take all measures in conformity with international
law to prevent, abate, combat and to the fullest possible extent eliminate pollution of
the Mediterranean Sea Area caused by discharges from ships and to ensure the
effective implementation in that Area of the rules which are generally recognized at
the international level relating to the control of this type of pollution.
                                          3
 ---pagebreak---                                          Article 7
     POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION OF
         THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
      The Contracting Parties shall take all appropriate measures to prevent, abate,
 combat and to the fullest possible extent eliminate pollution of the Mediterranean Sea
 Area resulting from exploration and exploitation of the continental shelf and the
 seabed and its subsoil.
                                        Article 8
                     POLLUTION FROM LAND-BASED SOURCES
      The Contracting Parties shall take all appropriate measures to prevent, abate,
combat and to the fullest possible extent eliminate pollution of the Mediterranean Area
and to draw up and implement plans for the reduction and phasing out of
substances that are toxic, persistent and liable to bioaccumulate arising from
 land-based sources. These measures shall apply:
      (a)  to pollution from land-based sources originating within the territories of the
           Parties, and reaching the sea:
           directly from outfalls discharging into the sea or through coastal disposal;
           indirectly through rivers, canals or other watercourses, including
           underground watercourses, or through run-off;
      (b)  to pollution from land-based sources transported by the atmosphere.
                                       Article 9A
                   CONSERVATION OF BIOLOGICAL DIVERSITY
      The Contracting Parties shall, individually or jointly, take all appropriate
measures to protect and preserve biological diversity, rare or fragile
ecosystems, as well as species of wild fauna and flora which are rare, depleted,
threatened or endangered and their habitats, in the area to which this
Convention applies. To this end, the Contracting Parties shall inter alia
establish protected areas. The establishement of such areas shall not affect the
rights of other Contracting Parties and third States.
                                               »o
 ---pagebreak---                                            Article 9B
       POLLUTION RESULTING FROM THE TRANSBOUNDARY MOVEMENTS
                   OF HAZARDOUS WASTES AND THEIR DISPOSAL
       The Contracting Parties shall take all appropriate measures to prevent, abate
 and to the fullest possible extent eliminate pollution of the environment which can be
 caused by transboundary movements and disposal of hazardous wastes, and to
  reduce to a minimum, and if possible eliminate, such transboundary movements.
                                           Article 11
                 SCIENTIFIC AND TECHNOLOGICAL COOPERATION
 2. The Contracting Parties undertake to promote the research on, access to and
 transfer of environmentally sound technology, including clean production technologies
 and to cooperate in the formulation, establishment and implementation of clean
 production processes.
                                         Article 11A
                            ENVIRONMENTAL LEGISLATION
 1. The Contracting Parties shall adopt legislation implementing the
 Convention and the Protocols.
2. The Secretariat may, upon request from a Contracting Party, assist that
Party in the drafting of environmental legislation in compliance with the
Convention and the Protocols.
                                         Article 11B
                     PUBLIC INFORMATION AND PARTICIPATION
1. The Contracting Parties shall ensure that their competent authorities shall give
to the public appropriate access to information on the environmental state in the
field of application of the Convention and the Protocols, on activities or measures
adversely affecting or likely to affect it and on activities carried out or measures taken
in accordance with the Convention and the Protocols.
                                            M
 ---pagebreak---  2. The Contracting Parties shall ensure that the opportunity is given to the public
 to participate in decision making processes relevant to the field of application of
 the Convention and the Protocols, as appropriate.
 3. The provision of paragraph 1. of this Article shall not prejudice the right of
 Contracting Parties to refuse, in accordance with their legal systems and
 applicable international regulations, to provide access to such information on the
 ground of confidentiality, public security or investigation proceedings, stating the
 reasons for such a refusal.
                                      Article 12
                           LIABILITY AND COMPENSATION
       The Contracting Parties undertake to cooperate in the formulation and adoption
of appropriate rules and procedures for the determination of liability and compensation
for damage resulting from pollution of the marine environment in the Mediterranean
Sea Area.
                                      Article 13
                          INSTITUTIONAL ARRANGEMENTS
(iii)       to receive, consider and reply to enquiries and information from the
            Contracting Parties;
(iii bis)   to receive, consider and reply to enquiries and information from non-
            governmental organizations and the public when they relate to
            subjects of common interest or to activities carried out at the regional
            level; in this case, the Contracting Parties concerned shall be
            informed;
(iv bis)    to regularly report to the Contracting Parties on the implementation
            of the Convention and of the Protocols;
                                            l<L
 ---pagebreak---                                       Article 14
                   MEETINGS OF THE CONTRACTING PARTIES
 2
       (vii) to approve the Programme Budget.
                                     Article 14A
                                      BUREAU
1. The Bureau of the Contracting Parties shall be composed of
representatives of the Contracting Parties elected by the Meetings of the
Contracting Parties. In electing the members of the Bureau, the Meetings of the
Contracting Parties shall observe the principle of equitable geographical distribution.
2. The functions of the Bureau and the terms and conditions upon which it shall
operate shall be set in the Rules of Procedure adopted by the Meetings of the
Contracting Parties.
                                     Article 14C
                                    OBSERVERS
1. The Contracting Parties may decide to admit as observers at their meetings
and conferences:
     (a)     any State which is not a Contracting Party to the Convention;
     (b)     any international governmental organisation or any non-
             governmental organisation the activities of which are related to the
             Convention.
2. Such observers may participate in meetings without the right to vote and
may present any information or report relevant to the objectives of the
Convention.
3. The conditions for the admission and participation of observers shall be
established in the Rules of Procedure adopted by the Contracting Parties.
                                        l^
 ---pagebreak---                                      Article 15
                   ADOPTION OF ADDITIONAL PROTOCOLS
3.   Deleted.
                                     Article 18
               RULES OF PROCEDURE AND FINANCIAL RULES
2. The Contracting Parties shall adopt financial rules, prepared in consultation
with the Organisation, to determine, in particular, their financial participation in the
Trust Fund.
                                    Article 20
                                    REPORTS
1.   The Contracting Parties shall transmit to the Organisation reports on:
     (a)    the legal, administrative or other measures taken by them for the
            implementation of this Convention, the Protocols and of the
            recommendations adopted by their meetings;
     (b)    the effectiveness of the measures referred to in subparagraph (a) and
            problems encountered in the implementation of the instruments as
            mentioned above.
2. The reports shall be submitted in such form and at such intervals as the
Meetings of Contracting Parties may determine.
                                          «4
 ---pagebreak---                                       Article 21
                              COMPLIANCE CONTROL
      The meetings of the Contracting Parties shall, on the basis of periodical reports
referred to in Article 20 and any other report submitted by the Contracting Parties,
assess the compliance with the Convention and the Protocols as well as the
measures and recommendations. They shall recommend, when appropriate, the
necessary steps to bring about full compliance with the Convention and the
Protocols and promote the implementation of the decisions and recommendations.
                                       i>r
 ---pagebreak---                                       ANNEX IV
 AMENDMENTS TO THE PROTOCOL FOR THE PREVENTION OF
 POLLUTION OF THE MEDITERRANEAN SEA BY DUMPING FROM
 SHIPS AND AIRCRAFT
                                          Title
 PROTOCOL FOR THE PREVENTION AND ELIMINATION OF POLLUTION OF THE
 MEDITERRANEAN SEA BY DUMPING OR INCINERATION FROM SHIPS AND
AIRCRAFT
                                       Preamble
     Recognizing the danger posed to the marine environment by the dumping or
      incineration of wastes or other matter,
     Bearing in mind that Chapter 17 of Agenda 21 of UNCED calls on the
     Contracting Parties to the Convention on the Prevention of Marine
     Pollution by Dumping of Wastes and other Matter (London, 1972) to take
     the necessary measures to end dumping in the ocean and the incineration
     of hazardous substances,
      Taking into account Resolutions LC 49(16) and LC 50(16), approved by the
     16th Consultative Meeting of the 1972 London Convention, which prohibit
     the dumping and incineration of industrial wastes at sea,
                                       Article 1
The Contracting Parties to this Protocol (hereinafter referred to as "the Parties") shall
take all appropriate measures to prevent, abate and eliminate to the fullest extent
possible pollution of the Mediterranean Sea caused by dumping or incineration from
ships and aircraft.
                                           \é
 ---pagebreak---                                       Article 2
The area to which this Protocol applies shall be the Mediterranean Sea Area as
defined in Article 1 of the Convention for the Protection of the marine
environment and the coastal region óf the Mediterranean (hereinafter referred to
as "the Convention").
                                      Article 3
(c)  Any deliberate disposal or emplacement of wastes or other matter on the
     seabed or in the marine subsoil from ships or aircraft.
5.   "Incineration" means the deliberate combustion of wastes or other matter
      in the Mediterranean Sea Area, with the aim of thermal destruction and
     does not include activities incidental to the normal operations of ships or
     aircraft.
Former paragraph 5 becomes paragraph 6.
                                      Article 4
1.   The dumping of wastes or other matter, with the exception of those listed
     in paragraph 2 of this Article, is prohibited.
2.   The following is the list referred to in the preceding paragraph:
     (a)   dredged material;
     (b) fish waste or organic materials resulting from the processing of fish
           and other marine organisms;
     (c)   vessels, until 31 December 2000;
     (d)   platforms and other man-made structures at sea, provided that
           material capable of creating floating debris or otherwise contributing
           to pollution of the marine environment has been removed to the
           maximum extent;
     (e)   inert uncontaminated geological materials the chemical constituents
           of which are unlikely to be released into the marine environment
                                          ' *
 ---pagebreak---                                            Article 5
The dumping of the wastes or other matter listed in Article 4.2 requires a prior
special permit from the competent national authorities.
                                           Article 6
(a)   The permits referred to in Article 5 shall be issued only after careful
     consideration of the factors set forth in the Annex to this Protocol or the
     criteria, guidelines and relevant procedures adopted by the meeting of the
     Contracting Parties pursuant to paragraph (b) below;
(b)  The Contracting Parties shall draw up and adopt criteria, guidelines and
      procedures for the dumping of wastes or other matter listed in Article 4.2
     so as to prevent, abate and eliminate pollution.
                                           Article 7
Incineration at sea is prohibited.
                                           Article 9
     If a Party in a critical situation of an exceptional nature considers that wastes or
other matter listed in Article 4.2 of this Protocol cannot be disposed of on land...
                                          Article 10
1.   Each Party shall designate one or more competent authorities to:
     (a)   issue the permits provided for in Article 5;
     (b) keep records of the nature and quantities of the wastes or other matter
           permitted to be dumped and of the location, date and method of dumping.
                                                   \i
 ---pagebreak--- 2. The competent authorities of each Party shall issue the permits provided
for in Article 5 in respect of the wastes or other matter intended for dumping:
      (a)  ...
      (b)  ...
                                     Article 11
2. Each Contracting Party shall ensure that its vessels and aircraft entitled to
sovereign immunity under international law act in a manner consistent with this
Protocol.
                                     Article 14
3.   The adoption of the amendments to the Annex to this Protocol.
                                      ANNEX
     The factors to be considered in establishing criteria governing the issue of
permits for the dumping of matter at sea taking into account article 6 include:
                                        if
 ---pagebreak---                                        ANNEX V
PROTOCOL CONCERNING SPECIALLY PROTECTED AREAS AND
BIOLOGICAL DIVERSITY IN THE MEDITERRANEAN
The Contracting Parties to this Protocol,
      "Being Parties to the Convention for the Protection of the Marine Environment
      and the Coastal Region of the Mediterranean, adopted at Barcelona on 16
       February 1976,
       Conscious of the profound impact of human activities on the state of the
      marine environment and the littoral and more generally on the ecosystems of
      areas having prevailing Mediterranean features,
      Stressing the importance of protecting and, as appropriate, improving the
      state of the Mediterranean natural and cultural heritage, in particular through
      the establishment of specially protected areas and also by the protection and
      conservation of threatened species,
      Considering the instruments adopted by the United Nations Conference on
      Environment and Development and particularly the Convention on Biological
      Diversity (Rio de Janeiro, 1992),
      Conscious that when there is a threat of significant reduction or loss of
      biological diversity, lack of full scientific certainty should not be invoked as a
      reason for postponing measures to avoid or minimize such a threat,
      Considering that all the Contracting Parties should cooperate to conserve,
      protect and restore the health and integrity of ecosystems and that they have,
      in this respect, common but differentiated responsibilities,
      Have agreed as follows:
                                                r> r\
 ---pagebreak---                                            PART I
                                 GENERAL PROVISIONS
                                          Article 1
                                        DEFINITIONS
          For the purposes of this Protocol:
          (a)    "Convention" means the Convention for the Protection of the Marine
 Environment and the Coastal Region of the Mediterranean, adopted at Barcelona on
 16 February 1976;
          (b)    "Biological diversity" means the variability among living organisms from
all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and
the ecological complexes of which they are part; this includes diversity within species,
between species and of ecosystems;
         (c)    "Endangered species" means any species that is in danger of extinction
throughout all or part of its range;
         (d)    "Endemic species" means any species whose range is restricted to a
limited geographical area;
         (e)    'Threatened species" means any species that is likely to become
extinct within the foreseeable future throughout all or part of its range and
whose survival is unlikely if the factors causing numerical decline or habitat
degradation continue to operate;
         (f)    "Conservation status of a species" means the sum of the influences
acting on the species that may affect its long-term distribution and abundance;
         (g)    "Parties" means the Contracting Parties to this Protocol;
         (h)    "Organization" means the organization referred to in Article 2 of the
Convention;
         (i)    "Centre" means the Regional Activity Centre for Specially Protected
Areas.
                                             u
 ---pagebreak---                                           Article 2
                             GEOGRAPHICAL COVERAGE
 1.       The area to which this Protocol applies shall be the area of the Mediterranean
 Sea as delimited in Article 1 of the Convention. It also includes:
                 the seabed and its subsoil;
                 the waters, the seabed and its subsoil on the landward side of the
                 baseline from which the breadth of the territorial sea is measured and
                 extending, in the case of watercourses, up to the freshwater limit;
                 the terrestrial coastal areas designated by each of the Parties,
                 including wetlands.
 2.       Nothing in this Protocol shall limit the sovereign immunity of certain
ships in accordance with international law. However, each Contracting Party
shall ensure that its vessels and aircraft entitied to sovereign immunity under
 international law act in a manner consistent with this Protocol.1
 Proposal by the Secretariat:
 [3.     Nothing in this Protocol nor any act adopted on the basis of this Protocol shall
 prejudice the rights, claims or legal views of any State concerning the law of the sea,
the nature and the extent of areas subject to its national sovereignty or jurisdiction,
the delimitation of marine areas between States with opposite or adjacent coasts,
freedom of navigation on the high seas and the right of innocent passage in territorial
seas, as well as the nature and the extent of the jurisdiction of the coastal State, the
flag State and the port State.]
Proposal by Turkey:
[3.      Nothing in this Protocol nor any act adopted on the basis of this
Protocol shall prejudice the rights, the present and future claims or legal views
of any State concerning the law of the sea, the nature and the extent of marine
areas, the delimitation of marine areas between States with opposite or adjacent
coasts, freedom of navigation on the high seas and the right of innocent
passage in territorial seas, as well as the nature and the extent of the
jurisdiction of the coastal State, the flag State and the port State.]
         The delegation of Turkey expressed a reservation on this paragraph.
                                              •y -y
 ---pagebreak---  Proposal by Greece:
 [3.
 Variant 1: "Nothing in this Protocol nor any act adopted on the basis of this
 Protocol shall prejudice therightsof any State deriving from the law of the sea,
 in particular as regards the nature and the extent of marine areas subject to its
 sovereignty or national jurisdiction, the delimitation of marine areas between
 States with opposite or adjacent coasts, freedom of navigation on the high seas
 and the right of innocent passage in territorial seas, as well as the nature and
 the extent of the jurisdiction of the coastal State, the flag State and the port
 State.
 Variant 2: "Nothing in this Protocol nor any act adopted on the basis of this
 Protocol shall prejudice the rights, present and future claims or legal views of
 any State, provided that they are in accordance with the United Nations
 Convention on the Law of the Sea of 1982 or the applicable international law of
the sea, regarding the nature and the extent of marine areas subject to its
sovereignty or national jurisdiction, the delimitation of marine areas between
States with opposite or adjacent coasts, freedom of navigation on the high seas
 and the right of innocent passage in territorial seas, as well as the nature and
the extent of the jurisdiction of the coastal State, the flag State and the port
State.]
4.        No act or activity undertaken on the basis of this Protocol shall constitute
grounds for claiming, contending or disputing any claim to national sovereignty or
jurisdiction.
                                       Article 3
                               GENERAL OBLIGATIONS
1.        Each Party shall take the necessary measures to:
          (a)   protect, preserve and manage in a sustainable and environmentally
sound way areas of particular natural or cultural value, notably by the establishment
of protected areas;
          (b)   protect, preserve and manage threatened or endangered species of
flora and fauna.
2.        The Parties shall cooperate, directly or through the competent international
organizations, in the conservation and sustainable use of biological diversity in the
area to which this Protocol applies.
                                            ^ >
 ---pagebreak---  3.        The Parties shall identify and compile inventories of the components of
 biological diversity important for its conservation and sustainable use.
 4.        The Parties shall adopt strategies, plans and programmes for the
 conservation of biological diversity and the sustainable use of marine and coastal
 biological resources and shall integrate them into their relevant sectoral and
 intersectoral policies.
 5.        The Parties shall monitor the components of biological diversity referred to
 in paragraph 4 of this Article and shall identify processes and categories of activities
which have or are likely to have a significant adverse impact on the conservation and
sustainable use of biological diversity, and monitor their effects.
6.         Each Party shall apply the measures provided for in this Protocol
without prejudice to the sovereignty or the jurisdiction of other Parties or other
States. Any measures taken by a Party to enforce these measures shall be in
accordance with international law.
                                          PART II
                                  PROTECTED AREAS
                                          Article 4
                                       OBJECTIVES
          The objective of protected areas is to safeguard:
          (a)    representative types of coastal and marine ecosystems of adequate
size to ensure their long-term viability and to maintain their biological diversity;
          (b)    habitats which are in danger of disappearing in their natural area of
distribution in the Mediterranean or which have a reduced natural area of distribution
as a consequence of their regression or on account of their intrinsically restricted
area;
          (c)    habitats critical to the survival, reproduction and recovery of
endangered, threatened or endemic species of flora or fauna;
          (d)    sites of particular importance because of their scientific, aesthetic,
cultural or educational interest.
 ---pagebreak---                                          Article 5
                               PROTECTION MEASURES
          The Parties, in conformity with international law and taking into account
the characteristics of each protected area, shall take the protection measures
required, in particular:
          (a)    the strengthening of the application of the other Protocols to the
Convention and of other relevant treaties to which they are Parties;
          (b)   the prohibition of the dumping or discharge of wastes and other
substances likely directly or indirectly to impair the integrity of the protected area;
         (c)    the regulation of the passage of ships and any stopping or
anchoring;
         (d)    the regulation of the introduction of any species not indigenous to the
protected area in question, or of genetically modified species, as well as the
introduction or reintroduction of species which are or have been present in the
protected area;
         (e)    the regulation or prohibition of any activity involving the exploration or
modification of the soil or the exploitation of the subsoil of the land part, the seabed
or its subsoil;
         (f)    the regulation of any scientific research activity;
         (g)    the regulation or prohibition of fishing, hunting, taking of animals and
harvesting of plants or their destruction, as well as trade in animals, parts of animals,
plants, parts of plants, which originate in protected areas;
         (h)    the regulation and if necessary the prohibition of any other activity or
act likely to harm or disturb the species or that might endanger the state of
conservation of the ecosystems or species or might impair the natural or cultural
characteristics of the protected area;
         (i)    any other measure aimed at safeguarding ecological and biological
processes and the landscape.
                                                <r
 ---pagebreak---                                            Article 6
                             PLANNING AND MANAGEMENT
 1.       The Parties shall, in accordance with the rules of international law, adopt
planning, management, supervision and monitoring measures for the protected areas.
2.        Such measures should include for each protected area:
          (a)    the development and adoption of a management plan that specifies the
legal and institutional framework and the management and protection measures
applicable;
          (b)    the continuous monitoring of ecological processes, habitats, population
dynamics, landscapes, as well as the impact of human activities;
          (c)    the active involvement of local communities and populations, as
appropriate, in the management of protected areas, including assistance to local
inhabitants who might be affected by the establishment of protected areas;
          (d)    the adoption of mechanisms for financing the promotion and
management of protected areas, as well as the development of activities which ensure
that management is compatible with the objectives of protected areas;
          (e)    contingency plans for responding to incidents that could cause damage
or constitute a threat;
          (f)    the regulation of activities compatible with the objectives for which the
protected area was established and the terms of the related permits;
          (g)    the training of managers and qualified technical personnel, as well as
the development of an appropriate infrastructure.
3.        When protected areas covering both land and marine areas have been
established, the Parties shall endeavour to ensure the coordination of the
administration and management of the protected area as a whole.
                                           Article 7
      PROTECTED AREAS CONTIGUOUS TO INTERNATIONAL FRONTIERS
 1.       If a Party intends to establish, in an area subject to its sovereignty or national
jurisdiction, a protected area contiguous to the frontier and to the limits of a zone
subject to the sovereignty or national jurisdiction of another Party, the
                                                    7£
 ---pagebreak---   competent authorities of the two Parties shall consult each other with a view to
  reaching agreement on the measures to be taken and shall, inter alia, examine the
  possibility of the other Party establishing a corresponding protected area or adopting
  any other appropriate measures.
 2.         If a Party intends to establish, in an area subject to its sovereignty or national
 jurisdiction, a protected area contiguous to the frontier and to the limits of a zone
 subject to the sovereignty or national jurisdiction of a State that is not a Party to this
 Protocol, the Party shall endeavour to cooperate with that State with a view to holding
 the consultations referred to in the previous paragraph.
 3.         If a State which is not party to this Protocol intends to establish a protected.
 area contiguous to the frontier and to the limits of a zone subject to the sovereignty
 or national jurisdiction of a Party to this Protocol, the latter shall endeavour to
 cooperate with that State with a view to holding the consultations referred to in
 paragraph 1.
 [4.       If contiguous protected areas are established by two Parties or by one
 Party and a State that is not a Party to this Protocol, special agreements may
 provide for the means of consultation or cooperation referred to in paragraphs
 1 and 2 respectively.]
                                            Article 8
 LIST OF SPECIALLY PROTECTED AREAS OF MEDITERRANEAN IMPORTANCE
 1.        In order to promote cooperation in the management and conservation
 of natural areas, as well as in the protection of threatened species and their
 habitats, the Parties shall draw up a "List of Specially Protected Areas of
 Mediterranean Importance", hereinafter referred to as the "SPAMI List".
2.         The SPAMI List may include protected sites which:
                   can play an important role in conserving the components of biological
                   diversity in the Mediterranean;
                   contain ecosystems specific to the Mediterranean area or the habitats
                   of endangered species;
                   are of special interest at the scientific, aesthetic or cultural levels.
3.        The SPAMI List may only include protected areas that have protected status
and adequate management methods and capacity to allow them to contribute towards
the sustainable conservation of the natural and cultural heritage of the Mediterranean.
                                                 n
 ---pagebreak---   4.       The Parties agree:
            (a)   to recognize the particular importance of these areas for the
  Mediterranean;
           (b)    to comply with the measures applicable to the SPAM Is and not to
  authorize or undertake any activities that might be contrary to the objectives for which
 the SPAMIs were established.
                                          Article 9
                  PROCEDURE FOR INCLUSION IN THE SPAMI LIST
 1.        Proposals for inclusion in the List may be submitted:
           (a)    by the Party concerned, if the area is situated in a zone already
 defined, over which it exercises sovereignty or jurisdiction;
          (b)    jointly by two or more neighbouring Parties concerned if the area
 is situated on the high sea;
          (c)    jointly by the neighbouring Parties concerned in areas where the
 limits of national sovereignty or jurisdiction have not yet been defined.
2.        Parties making proposals shall provide the Centre with an introductory
 report containing information on the area's geographical location, its physical
and ecological characteristics, the background to its establishment, its legal
status, its management plans and the means for their implementation, as well
as a statement justifying its Mediterranean importance.
3.        The procedure for inclusion of the proposed area in the List is the
following:
          (a)   for each area, the proposal shall be submitted to the National
Focal Points, which shall examine its conformity with the common guidelines
and criteria adopted pursuant to Article 18;
          (b)    if a proposal made in accordance with subparagraph 1 (a) of this
Article is consistent with the guidelines and common criteria, after assessment,
the Centre shall inform the meeting of the Parties, which decide to include the
area in the SPAMI List;
                                                zi
 ---pagebreak---            (c)     if a proposal made in accordance with subparagraphs 1 (b) and
 1 (c) of this Article is consistent with the guidelines and common criteria, the
 Centre shall transmit it to the Organization, which shall inform the meeting of
 the Parties. The Parties decide to include the area in the SPAMI List by
 consensus.
4.         The Parties which proposed the inclusion of the area in the List shall
 implement the protection and conservation measures specified in their
 proposals in accordance with paragraph 2 of this Article. The Contracting
 Parties undertake to observe the rules thus laid down. The Centre shall inform
 the competent international organizations of the List and of the measures taken
 in the SPAMIs.
 5.        The Parties may revise the SPAMI List. To this end, the Centre shall
 prepare a report
                                           Article 10
                           CHANGES IN THE STATUS OF SPAMIs
           Changes in the delimitation or legal status of a SPAMI or the suppression of
all or part of such an area shall not be decided upon unless there are important
 reasons for doing so, taking into account the need to safeguard the environment and
comply with the obligations laid down in this Protocol and a procedure similar to that
followed for the creation of the SPAMI and its inclusion in the List shall be
observed.
                                            PART III
                                    PROTECTED SPECIES
                                           Article 12
                 NATIONAL MEASURES FOR THE PROTECTION AND
                               CONSERVATION OF SPECIES
1.        The Parties shall manage species of flora and fauna with the aim of
maintaining them in a favourable state of conservation.
2.        The Parties shall, in the zones situated on the landward side of the external
limit of their territorial sea, identify and compile lists of the endangered or threatened
species of flora and fauna and accord protected status to such species. The Parties
                                                  11
 ---pagebreak--- shall regulate and, where appropriate, prohibit activities having adverse effects on
such species or their habitats, and carry out management, planning and other
measures to ensure a favourable state of conservation of such species.
3.        With respect to protected species of fauna, the Parties shall control and,
where appropriate, prohibit:
          (a)    the taking, possession or killing (including, to the extent possible, the
incidental taking, possession or killing), the commercial trade, the transport and the
exhibition for commercial purposes of these species, their eggs, parts or products;
          (b)    to the extent possible, the disturbance of wild fauna, particularly during
the period of breeding, incubation, hibernation or migration, as well as other periods
of biological stress.
4.        In addition to the measures specified in the previous paragraph, the Parties
shall coordinate their efforts, through bilateral or multilateral action, including if
necessary, agreements for the protection and recovery of migratory species whose
range extends into the area to which this Protocol applies.
5.        With respect to protected species of flora and their parts and products, the
Parties shall regulate, and where appropriate, prohibit all forms of destruction and
disturbance, including the picking, collecting, cutting, uprooting, possession of,
commercial trade in, or transport and exhibition for commercial purposes of such
species.
6.        The Parties shall formulate and adopt measures and plans with regard to ex
situreproduction,in particular captive breeding, of protected fauna and propagation
of protected flora.
7.        The Parties shall endeavour, directly or through the Centre, to consult with
range States that are not Parties to this Protocol, with a view to coordinating their
efforts to manage and protect endangered or threatened species.
8.       The Parties shall make provision, where possible, for the return of protected
species exported or held illegally. Efforts should be made by Parties to reintroduce
such specimens to their natural habitat
                                                  3-o
 ---pagebreak---                                         Article 13
             COOPERATIVE MEASURES FOR THE PROTECTION AND
                            CONSERVATION OF SPECIES
 1.       The Parties shall adopt cooperative measures to ensure the protection and
 conservation of the flora and fauna listed in the Annexes to this Protocol relating
 to the List of Endangered or Threatened Species and the List of Species whose
 Exploitation is Regulated.
 2.      The Parties shall ensure the maximum possible protection and recovery of
 the species of fauna and flora listed in the Annex relating to the List of
 Endangered or Threatened Species by adopting at the national level the measures
 provided for in paragraphs 3 and 5 of Article 12 of this Protocol.
3.       The Parties shall prohibit the destruction of and damage to the habitat of
species listed in the Annex relating to the List of Endangered or Threatened
Species and shall formulate and implement action plans for their conservation or
 recovery. They shall continue to cooperate in implementing the relevant action plans
already adopted.
4.       The Parties, in cooperation with competent international organizations, shall
take all appropriate measures to ensure the conservation of the species listed in the
Annex relating to the List of Species whose Exploitation is Regulated while at
the same time authorizing and regulating the exploitation of these species so as to
ensure and maintain their favourable state of conservation.
5.       When the range area of a threatened or endangered species extends to both
sides of a national frontier or of the limit that separates the territories or the areas
subject to the sovereignty or the national jurisdiction of two Parties to this Protocol,
these Parties shall cooperate with a view to ensuring the protection and conservation
and, if necessary, the recovery of such species.
6.       Provided that no other satisfactory solutions are available and that the
exemption does not harm the survival of the population or of any other species, the
Parties may grant exemptions to the prohibitions prescribed for the protection of the;
species listed in the Annexes to this Protocol for scientific, educational or
management purposes necessary to ensure the survival of the species or to prevent
significant damage. Such exemptions shall be notified to the Contracting Parties.
                                           &
 ---pagebreak---                                         Article 14
                       INTRODUCTION OF NON-INDIGENOUS
                       OR GENETICALLY MODIFIED SPECIES
 1.       The Parties shall take all appropriate measures to regulate the intentional or
accidental introduction of non-indigenous or genetically modified species to the wild
and prohibit those that may have harmful impacts on the ecosystems, habitats or
species in the area to which this Protocol applies.
2.        The Parties shall endeavour to implement ail possible measures to eradicate
species that have already been introduced when, after scientific assessment, it
appears that such species cause or are likely to cause damage to ecosystems,
habitats or species in the area to which this Protocol applies.
                                         PART IV
          PROVISIONS COMMON TO PROTECTED AREAS AND SPECIES
                                        Article 16
                             AMENDMENTS TO ANNEXES
1.        The procedures for amendments to Annexes to this Protocol shall be
those set forth in Article 17 of the Convention.
2.        All proposed amendments submitted to the meeting of Contracting
Parties shall have been the subject of prior evaluation by the meeting of
National Focal Points.
                                        Article 17
                                      INVENTORIES
          Each Party shall compile comprehensive inventories of:
          (a)    areas over which they exercise sovereignty or jurisdiction that contain
rare or fragile ecosystems, that are reservoirs of biological diversity, that are important
for threatened or endangered species;
          (b)    species of fauna or flora that are endangered or threatened.
                                                  ^?
 ---pagebreak---                                          Article 18
            ESTABLISHMENT OF GUIDELINES AND COMMON CRITERIA
          The Parties shall adopt:
          (a)    common criteria for the choice of protected marine and coastal
 areas that could be included in the SPAMI List which shall be annexed to the
 Protocol;
          (b)    common criteria for the inclusion of additional species in the
 Annexes;
          (c)    guidelines for the establishment and management of protected
 areas.
         The criteria and guidelines referred to in paragraphs (b) and (c) may be
 amended by the meeting of the Parties on the basis of a proposal made by one
 or more Parties.
                                        Article 19
                      ENVIRONMENTAL IMPACT ASSESSMENT
         In the planning process leading to decisions on industrial and other projects
and activities that could significantly affect protected areas and species and their
 habitats, the Parties shall evaluate and take into consideration the possible direct or
indirect, immediate or long-term, impact, including the cumulative impact of the
projects and activities being contemplated.
                                        Article 20
                    INTEGRATION OF TRADITIONAL ACTIVITIES
1.       In formulating protective measures, the Parties shall take into account the
traditional subsistence and cultural activities of their local populations. They shall grant
exemptions, as necessary, to meet such needs. No exemption which is allowed for
this reason shall:
         (a)    endanger either the maintenance of ecosystems protected under this
Protocol or the biological processes contributing to the maintenance of those
ecosystems;
                                              3i
 ---pagebreak---            (b)    cause either the extinction of, or a substantial reduction in, the number
 of individuals making up the populations or species of flora and fauna, in particular
 endangered, threatened, migratory or endemic species.
 2.        Parties which grant exemptions from the protection measures shall inform the
 Contracting Parties accordingly.
                                         Article 21
        PUBLICITY, INFORMATION, PUBLIC AWARENESS AND EDUCATION
 1.       The Parties shall give appropriate publicity to the establishment of protected
 areas, their boundaries, buffer zones, applicable regulations, and to the designation
 of protected species, their habitats and applicable regulations.
 2.       The Parties shall endeavour to inform the public of the interest and value of
 protected areas and species, and of the scientific knowledge which may be gained
from the point of view of nature conservation and other points of view. Such
 information should have an appropriate place in education programmes. The Parties
shall also endeavour to promote the participation of their public and their conservation
organizations in measures that are necessary for the protection of the areas and
species concerned, including environmental impact assessments.
                                         Article 22
               SCIENTIFIC, TECHNICAL AND MANAGEMENT RESEARCH
 1.       The Parties shall encourage and develop scientific and technical research
relating to the aims of this Protocol. They shall also encourage and develop research
into the sustainable use of protected areas and the management of protected
species.
2.        The Parties shall consult, when necessary, among themselves and with
competent international organizations with a view to identifying, planning and
undertaking scientific and technical research and monitoring programmes necessary
for the identification and monitoring of protected areas and species and assessing the
effectiveness of measures taken to implement management and recovery plans.
3.        The Parties shall exchange, directly or through the Centre, scientific and
technical information concerning current and planned research and monitoring
programmes and the results thereof. They shall, to the fullest extent possible,
coordinate their research and monitoring programmes, and endeavour jointly to define
or standardize their procedures.
                                                    i if
 ---pagebreak---  4.        In technical and scientific research, the Parties shall give priority to SPAMIs
 and species appearing in the Annexes to this Protocol.
                                          Article 23
                                 MUTUAL COOPERATION
 1.       The Parties shall, directly or with the assistance of the Centre or international
 organizations concerned, establish cooperation programmes to coordinate the
 establishment, conservation, planning and management of protected areas, as well
 as the selection, management and conservation of protected species. There shall be
 regular exchanges of information concerning the characteristics of protected areas
 and species, the experience acquired and the problems encountered.
 2.       The Parties shall, at the earliest opportunity, communicate any situation that
 might endanger the ecosystems of protected areas or the survival of protected
 species of flora and fauna to the other Parties, to the States that might be affected
 and to the Centre.
                                          Article 24
                                  MUTUAL ASSISTANCE
 1.       The Parties shall cooperate, directly or with the assistance of the Centre or
the international organizations concerned, in formulating,financingand implementing
 programmes of mutual assistance and assistance to developing countries that express
 a need for it with a view to implementing this Protocol.
2.        These programmes shall include public environmental education, the training
of scientific, technical and management personnel, scientific research, the acquisition,
utilization, design and development of appropriate equipment, and transfer of
technology on advantageous terms to be agreed among the Parties concerned.
3.        The Parties shall, in matters of mutual assistance, give priority to the SPAMIs
and species appearing in the Annexes to this Protocol.
                                         Article 25
                              REPORTS OF THE PARTIES
          The Parties shall submit to ordinary meetings of the Parties a report on
the implementation of this Protocol, in particular on:
                                           3S"
 ---pagebreak---          (a)    the status of the areas included in the SPAMI List;
         (b)    any changes in the delimitation or legal status of the SPAMIs and
protected species;
         (c)    possible exemptions allowed pursuant to Articles 13 and 20 of this
 Protocol.
                                        PARTV
                           INSTITUTIONAL PROVISIONS
                                       Article 27
                             NATIONAL FOCAL POINTS
         Each Party shall designate a National Focal Point to serve as liaison with the
Centre on the technical and scientific aspects of the implementation of this Protocol.
The National Focal Points shall meet periodically to carry out the functions
deriving from this Protocol.
                                       Article 28
                                   COORDINATION
1.       The Organization shall be responsible for coordinating the implementation
of this Protocol. For this purpose, it shall receive the support of the Centre, to
which it may entrust the following functions:
         (a)   assisting the Parties, in cooperation with the competent international,
intergovernmental and non-governmental organizations, in:
               establishing and managing specially protected areas in the area to
               which this Protocol applies;
               conducting programmes of technical and scientific research as
               provided for in Article 22 of this Protocol;
               conducting the exchange of scientific and technical information among
               the Parties as provided for in Article 22 of this Protocol;
               preparing management plans for protected areas and species;
               developing cooperative programmes pursuant to Article 23 of this
               Protocol;
               preparing educational materials designed for various groups;
                                            7^
 ---pagebreak---             (b)    convening and organizing the meetings of the National Focal Points
 and providing them with secretariat services;
            (c)   formulating recommendations on guidelines and common criteria
 pursuant to Article 18 of this Protocol;
            (d)   creating and updating databases of protected areas, protected species
 and other matters relevant to this Protocol;
            (e)   preparing reports and technical studies that may be required for the
 implementation of this Protocol;
            (f)   elaborating and implementing the training programmes mentioned in
 Article 24, paragraph 2;
            (g)   cooperating with regional and international governmental and non-
 governmental organizations concerned with the protection of areas and species,
 provided that the specificity of each organization and the need to avoid the duplication
 of activities are respected;
           (h)    carrying out the functions assigned to it in the action plans
 adopted in the framework of this Protocol;
           (i)    carrying out any other function assigned to it by the Parties.
                                         Article 29
                              MEETINGS OF THE PARTIES
 1.        The ordinary meetings of the Parties to this Protocol shall be held in
conjunction with the 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 conformity with that Article. [Take into account any changes in the
Convention]
2.        The meetings of the Parties to this Protocol are particularly aimed at:
           (a)    keeping under review the implementation of this Protocol;
          (b)    overseeing the work of the Organization and of the Centre relating
to the implementation of this Protocol and providing policy guidance for their
activities;
                                          3?
 ---pagebreak---                                                                                            I
                                                                                           I
            (c)    considering the efficacy of the measures adopted for the management
  and protection of areas and species, and examining the need for other measures, in
  particular in the fomri of Annexes and amendments to this Protocol or to its Annexes;
           (d)     adopting the guidelines and common criteria provided for in Article 18
 of this Protocol;
           (e)     considering reports transmitted by the Parties under Article 25 of this
 Protocol, as well as any other pertinent information which the Parties transmit through
 the Centre;
           (f)    making recommendations to the Parties on the measures to be
 adopted for the implementation of this Protocol;
           (g)    examining the recommendations of the meetings of the National Focal
 Points pursuant to Article 27 of this Protocol;
           (h)    examining any other matter relevant to this Protocol, as appropriate.
           (i)    discussing and evaluating the exemptions allowed by the Parties
 in conformity with Articles 13 and 20 of this Protocol.
                                          PART VI
                                   FINAL PROVISIONS
                                          Article 30
               EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION
          The provisions of this Protocol shall not affect the right of Parties to adopt
relevant stricter domestic measures for the implementation of this Protocol.
                                          Article 31
                          RELATIONSHIP WITH THIRD PARTIES
1.        The Parties shall invite States that are not Parties to the Protocol and
international organizations to cooperate in the implementation of this Protocol.
                                                  it
 ---pagebreak--- 'f
    2.        The Parties undertake to adopt appropriate measures, consistent with
     international law, to ensure that no one engages in any activity contrary to the
    principles or purposes of this Protocol.
                                             Article 32
                                           SIGNATURE
              This Protocol shall be open for signature at [place] from [date] to [date], by
    any Contracting Party to the Convention.
                                             Article 33
                                                                                            !
                       RATIFICATION, ACCEPTANCE OR APPROVAL
              This Protocol shall be subject to ratification, acceptance or approval.
    Instruments of ratification, acceptance or approval shall be deposited with the
   Government of Spain, which will assume the functions of Depositary.
                                            Article 34
                                          ACCESSION
              As from [date], this Protocol shall be open for accession by any State and
   regional economic grouping which is Party to the Convention.
                                            Article 35
                                     [ENTRY INTO FORCE
   1.        This Protocol shall enter into force on the thirtieth day following the deposit
   of at least six instruments of ratification, acceptance or approval of, or accession to,
   the Protocol.
   2.         From the date of its entry into force, this Protocol shall replace the Protocol
   Concerning Mediterranean Specially Protected Areas, open for signature at Geneva
   on 3 April 1982, in the relationship among the Parties to both instruments.
                                            3?
 ---pagebreak---          In witness whereof, the undersigned, being duly authorized, have signed this
Protocol.
         Done at [place], on [date], in a single copy in the Arabic, English, French and
Spanish languages, the four texts being equally authoritative, for signature by any
Party to the Convention.]
                                            ^o
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1513
                                                            COM(95) 202 def.
                                       DOCUMENTEN
NL                                                                   14 11 13
                                    Catalogusnummer : CB-CO-95-227-NL-C
                                                              ISBN 92-77-89124-6
Bureau voor officiële publikaties der Europese Gemeenschappen
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                                                 ii