CELEX: 51992PC0169
Language: en
Date: 1992-05-06
Title: Proposal for a COUNCIL DECISION concerning the signature of a Protocol relating to the protection of the Mediterranean sea against pollution resulting from the exploration and exploitation of the continental shelf, the seabed and the substratum (Barcelona Convention)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0M(92) 169 final
                                        Brussels, 6  May 1992
                             Proposal for a
                            COUNCIL DECISION
         concerning the  signature of a Protocol relating to
     the protection of   the Mediterranean sea against pollution
         resulting from  the exploration and exploitation of
        the continental  shelf, the seabed and the substratum
                        (Ba r ceIona Conven t i on)
                    (presented by the Commission)
 ---pagebreak---  Proposal for a Council Decision concerning the signature of a Protocol
 relating to the protection of the Mediterranean sea against pollution
 resulting from the exploration and exploitation of the continental shelf,
 the seabed and the substratum (Barcelona Convention).
                             EXPLANATORY MEMORANDUM
 1.  The Community Is a contracting party to the Convention for the
     protection of the Mediterranean sea against pollution.1   It is also a
     party to the four Protocols which have been adopted within the
      framework of the Convention, namely: the Protocol for the prevention of
     pollution by dumping from ships and aircraft,1 the Protocol
     concerning cooperation in combating pollution by oil and other harmful
     substances,2 the Protocol for protection against pollution from land-
     based sources 3 and the Protocol concerning specially protected
     areas. 4
2.   At their Fourth ordinary meeting (Genoa, September 1985) the
     contracting parties to the Barcelona Convention asked for a Protocol
     to be drawn up relating to the protection of the Mediterranean sea
     against pollution resulting from the exploration and exploitation of
     the continental shelf, the seabed and the substratum ("off-shore"
     Protocol), in accordance with Article 7 of the Convention.
3.   A draft Protocol has been prepared by the Secretariat. At the Sixth
     ordinary meeting of the contracting parties (Athens, 3 - 6 October
     1989) It was decided that the working party of experts appointed by
     the contracting parties should meet to examine and finalize the draft
     "off-shore" Protocol and recommend it to a Conference of
     Plenipotentiaries to be held for this purpose at a later date.    The
     group of experts met In Athens from 7 to 11 may 1990 and from 8 - 1 1
     January 1991, and in Cairo on 4 and 5 October 1991, prior to the
     Seventh ordinary meeting of the contracting parties (Cairo, 8 -12
     October 1991).
4.   From the outset, the Commission has assisted the working party
     responsible for preparing the draft Protocol.
1   Decision  77/585/EEC, 0J L 240. 19.09.1977.
2   Decision  81/420/EEC, 0J L 162. 19.06.1981.
3   Decision  83/101/EEC, 0J L 67, 12.03.1983.
4   Decision  84/132/EEC, 0J L 68, 10.03.1984.
                                                                              Z
 ---pagebreak--- 5.  In June 1989 the Commission presented to the Council a recommendation
   for a Decision authorizing the Commission to participate in the
   negotiation of the said Protocol (SEC(89) 928 final). On 4.2.1991.
   (doc. no. 4252/91) the Council authorized the Commission, in respect of
   matters falling within the Community's field of competence, to
   participated In the negotiation of the "off-shore" Protocol, on the
   basis of specific negotiating directives.
5. The draft Protocol, which is now available, will be the subject of
   final negotiations at the Conference of Plenipotentiaries due to be
   held from ... to ... 1992, when the controversial points of the text
   are due to be resolved.
   Once the final version has been adopted, the Protocol will be open for
   signature during the Conference.
7. The Council is therefore requested to authorize the President to
   appoint the person(s) empowered to sign this Protocol, on behalf of the
   Community, subject to further conclusions.
 ---pagebreak---               PROPOSAL FOR A COUNCIL DECISION
    concerning the  signature of a Protocol relating to
the protection of   the Mediterranean sea against pollution
    resulting from   the exploration and exploitation of
   the continental  shelf, the seabed and the substratum
                   (Barcelona Convention)
                                                            •n
 ---pagebreak---  THE COUNCIL OF THE EUROPEAN COMMUNITIES
 Having regard to the Treaty establishing the European Economic Community,
 Having regard to the proposal from the Commission,
Whereas the Community Is a contracting party to the Convention for the
 protection of the Mediterranean sea against pollution (Barcelona
Convention) and the four Protocols related thereto;
Whereas the Commission has participated, on behalf of the Community,  within
 the framework of the working party set up by the contracting parties to the
Barcelona Convention, in the negotiations concerning the preparation  of a
Protocol relating to pollution resulting from the exploration and
exploitation of the continental shelf, the seabed and the substratum  ("off-
shore" Protocol);
Whereas the fields of application of the said Protocol are, at least in
part, within the Community's field of competence;
Whereas the Commission has informed the Council of the outcome of the
negotiations in order that it may adopt a final position;
Whereas this Protocol must be adopted at the Conference of
Plenipotentiaries to be held in      from      to     1992;
Whereas it is important that, subject to further conclusions, this Protocol
be signed by the Community;
HAS DECIDED AS FOLLOWS
                                SOLE ARTICLE
The President of the Council is authorized to appoint the person(s)
empowered to sign, on behalf of the Community, subject to further
conclusions, the Protocol to the Barcelona Convention concerning the
protection of the Mediterranean sea against pollution resulting from the
exploration and exploitation of the continental shelf, the seabed and the
substratum, in accordance with Article 7 of the Barcelona Convention, and
to confer upon them the necessary powers for this purpose.
                                         Done at Brussels,
                                         For the CounciI
                                         President
                                                                             s
 ---pagebreak---  UISFP(OCA)/MED WG.30/4
 page 4
                       DRAFT PROTOCOL FOR THE PROTECTION OF THE
                MEDITERRANEAN SEA AGAINST POLLUTION RESULTING FROM
             EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND
                                   THE SEA-BED AND ITS SUBSOIL
                                              PREAMBLE
         The Contracting Parties to the present Protocol
         Being Parties to the Convention for the Protection of the Mediterranean Sea against Pollution,
 adopted at Barcelona on 16 February 1976,
         Bearing in mind article 7 of the said Convention,
         Bearing in mind the increase in the activities concerning exploration and exploitation of the
 Mediterranean sea-bed and its subsoil.
         Recognizing that the pollution which may result therefrom represents a serious danger to the
environment and to human beings,
         Desirous of protecting and preserving the Mediterranean Sea from pollution resulting from
exploration and exploitation activities.
         Taking into account the Protocols related to the Convention for the Protection of the
Mediterranean Sea against Pollution, and, in particular, the Protocol concerning Cooperation in
Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of
Emergency, adopted at Barcelona on 16 February 1976, and the Protocol concerning Mediterranean
Specially Protected Areas, adopted at Geneva on 3 April 1982,
         Bearing in mind the relevant provisions of the United Nations Convention on the Law of the
Sea, done at Mont ego Bay on 10 December 1982,
         Recognizing the differences in levels of development between the coastal States, and taking
account of the economic and social imperatives of the developing countries.
         Have agreed as follows:
*
   The representative of Turkey expressed a reservation.
                                                                                                        i
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                                                                                                        page 5
 SECTION 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)      "Organization" means the body referred to in article 13 of the Convention;
 (c)      "Resources" means all mineral resources, whether solid, liquid or gaseous;
(d)      "Activities concerning exploration and/or exploitation 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;
          00    Exploration activities:
                       Seismologicai activities; surveys of the sea-bed and its subsoil; sample taking;
                       Exploration drilling;
         (iii)  Exploitation 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;
        (K/)   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;
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 page 6
 (g)      "Operator" means:
          (0    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
                with 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 general international law and technical 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, if 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;
         00     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;
         (rv)   The area within which the chemical may escape into the marine environment;
 0)      "Oil" means petroleum in any form including crude oil. fuel oil, oily sludge. oD 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:
        0)      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 ail kinds of victual, 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 representative of Turkey expressed a reservation.
                                                                                                             "2
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                                                                                                         page 7
 Article 2         -    GEOGRAPHICAL COVERAGE *
  1.       The area to which this Protocol applies (referred to in this 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 Contracting 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, inter alia 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 has been constructed according to international standards and
          practice and that the operator has the technical competence and the financial capacity to carry
          out the activities. Such authorization should be granted in accordance with 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
          with the conditions laid down in the authorization and referred to in article 6. paragraph 3, of this
          Protocol.
3.        When considering approval of the siting of an installation, the Competent State shall ensure that
          no detrimental effects will be caused by such siting to existing installations, in particular,
          pipelines and cables.
Article 5        -     REQUIREMENTS FOR 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.
                                                                                                                 r
 ---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 activities 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 qualifications of the candidate operator and
                 personnel 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 specified in article 16;
           (f)   The monitoring procedures as specified in article 19;
           (g)   The plans for removal of installations as specified in article 20;
           (h)   Precautions for specially protected areas as specified in article 21;
           0)    The insurance or other financial security to cover liability 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 activities and of the
          characteristics of the area.
 Article 6       -     GRANTING OF AUTHORIZATIONS
 1.       The authorizations referred to in article 4 shall be granted only after examination by the
          competent national authority of the Competent State of the requirements listed in article 5 and
          annex IV.
 2.       Each authorization shall specify the activities and the period of validity of the authorization,
          establish the geographical limits of the area subject to the authorization and specify 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 minimumrisksof and damage due to pollution resulting from the activities.
4.        The Parties shall notify the Organization as soon as possible of authorizations granted or
          renewed. The Organization shall keep a register of all the authorized installations in the Protocol
          Area.
Article 7       -      SANCTIONS
Each Party shall prescribe sanctions to be imposed for breach of obligations arising out of this Protocol,
or for non-observance of the national laws or regulations implementing this Protocol, or for non-
fulfillment of the specific conditions attached to the authorization.
                                                                                                               W
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                                                                                                     page 9
 SECTION III -         WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
 Article 8        -    GENERAL OBLIGATION
 Without prejudice to other standards or obligations referred to in this Section, the Parties shall impose
 a general obligation 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 materials, with a view to
 minimizing the risk of pollution.
Article 9        -     HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
 1.       The use and storage of chemicals for the activities 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 activities 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 general permit from the competent national
          authority of the Competent State.
7.       The permits referred to in paragraphs 5 and 6 above shall be issued only after careful
          consideration of all the factors set forth in annex III to this Protocol.
Article 10      -     OIL AND OILY MIXTURES AND DRILLING 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 litre whilst
                     undiluted;
               (ii)  For production water, a maximum oil content of 40 mg per litre as an average in any
                     calendar month; the content shall not at any time exceed 100 mg per litre;
         (c)   The Parties shall determine by common agreement which method will be used to analyze
               the oil content.
                                                                                                            M
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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 this article or to enforce more restrictive standards that it may have adopted.
Article 11      -      SEWAGE
 1.      The Competent State shall prohibit the discharge of sewage from installations permanently
         manned by 10 or more persons into the Protocol Area except in cases where:
          (a)   The installation is discharging sewage after treatment as approved by the competent
                national authority at a distance of at least four nautical miles from the nearest land or fixed
                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 nautical miles from the
                nearest land orfixedfisheriesinstallation, leaving the competent state authority to decide
                on a case by case basis; or
         (c)    The sewage has passed through an approved sewage treatment plant certified by its
                competent national authority.
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 exceptions referred to in paragraph 1 shall not apply if the discharge produces visible
         floating solids or produces colouration, discolouration or opacity of the surrounding water.
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)    Ail plastics, including but not limited to synthetic ropes, syntheticfishingnets and plastic
                garbage bags;
         (b)    Ail other non bio-degradable garbage, including paper products, rags, glass, metal,
                bottles, crockery, dunnage, lining and packing materials.
*
     The representative of Turkey 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 twelve nautical mOes 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 disposal or discharge requirements
           the more stringent requirements shall apply.
 Article 13       -    RECEPTION FACILITIES, 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 concerning proper means of disposal;
 (c)      Sanctions are imposed in respect of illegal disposals.
Article 14       -     EXCEPTIONS
1.        The provisions of this Section shall not apply in case of:
          (a)    Force majeure and in particular for disposals:
                 - to save human life,
                 • to ensure the safety of installations,
                 - in case of damage to the installation or its equipment,
                 on condition that all reasonable precautions have been taken after the damage is
                 discovered or after the disposal has been performed to reduce the negative effects.
          (b)    The discharge into the sea of substances containing oil 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
 Article 15        -    SAFETY MEASURES
 1.       The Competent State within whose jurisdiction activities are envisaged or are being carried out
           shall ensure that safety measures are taken with regard to the design, construction, placement,
           equipment, marking, operation and maintenance of installations.
 2.       The Competent State shall ensure that the operator has at all times on the installations adequate
          equipment and devices, maintained in good working order, for protecting human life, preventing
          and combating accidental pollution and facilitating prompt response to an emergency, in
          accordance with the best available environmentally effective and economically appropriate
          technology and the provisions of the operator's contingency plan referred to in article 16.
 3.       The competent national authority of the Competent State shall require a certificate of safety and
          fitness for the purpose (hereinafter referred to as "certificate") issued by a recognized body to
          be submitted in respect of production platforms, mobile offshore drilling units, offshore storage
          facilities, offshore loading systems and pipelines and in respect of such other installations as
          may be specified by the Competent State.
 4.       The Parties shall ensure through inspection that the activities are conducted by the operators
          in accordance with this article.
Article 16        -     CONTINGENCY PLANNING
 1.       Each Party shall endeavour to promote and maintain a plan for combating pollution or other
          adverse effects and for saving human life in the Protocol Area in cases of emergencies resulting
          from activities (hereinafter referred to as "national 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 national contingency plan should
          establish and co-ordinate in particular, the equipment ships, aircraft and manpower prepared
          for operations in cases of emergencies. The Parties should promote bilateral or multilateral
          cooperation regarding their national contingency plans.
2.        Each Party shall require operators In charge of installations under its jurisdiction to have a
          contingency plan to combat accidental pollution, co-ordinated with the national contingency plan
          established in accordance with the Protocol concerning Cooperation in Combating Pollution of
         the Mediterranean Sea by OK and Other Harmful Substances in Cases of Emergency and
         approved in conformity with the procedures established by the competent national authorities.
3.       The Competent State shall establish national co-ordination and 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 national authority:
(a)      any event on their installation causing or likely to cause pollution in the Protocol Area;
(b)      any observed event at sea causing or likely to cause pollution in the Protocol Area.
     The representative of France expressed a reservation.
                                                                                                             /\U
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                                                                                                       page 13
 Article 18       -     MUTUAL ASSISTANCE IN CASES OF EMERGENCY
 In cases of emergency, a Party requiring assistance in order to prevent, abate or combat pollution
 resulting from activities may request help from the other Parties, either directly or through the
 Organization, which shall do their utmost to provide the assistance requested.
 For this 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      -     MONrTORING
 1.        The operator shall be required to measure or to entrust to a qualified entity, expert in the matter,
           the effects of the activities on the environment in the light of the nature, scope, duration 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 authority 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 position to survey regularly the installations and
          the impact of the activities on the environment, so as to ensure that the conditions attached to
          the grant of the authorization are being fulfilled.
Article 20       -     REMOVAL OF INSTALLATIONS
 1.       The operator shall be required by the Competent State to remove any installation which is
          abandoned or disused, in order to ensure safety of navigation, taking into account the guidelines
          and standards adopted by the competent international organization. Such removal shall also
          have due regard to other legitimate uses of the sea, in particular fishing, the protection of the
          marine environment and therightsand duties of other States. Prior to 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 with 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 with other legitimate uses of the sea or with the
          rights and duties of other States. The competent national authority shall ensure that appropriate
          publicity is 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 compliance with article 7.
4.       The Competent State may indicate eventual modifications to be made to the level of activities
         and to the measures for the protection of the marine environment which had initially been
         provided for.
    The representative of Turkey expressed a reservation.
                                                                                                                J*
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  page 14
 5.        The Competent State may regulate the cession or transfer of authorized activities to other
           persons.
 6.        Where the operator fails to comply with the provisions of this article, the competent national
           authority of the Competent State shall undertake, at the operator's expense, such action or
           actions as may be necessary to remedy the operator's failure to act
 Article 21       -     SPECIALLY PROTECTED AREAS *
 ALTERNATIVE (A):
 For the protection of the areas defined in article 3 of the Protocol concerning Mediterranean Specially
 Protected Areas and any other area established by the Parties and in furtherance of the goals stated
 therein, the Parties shall take special measures in conformity with international law, either individually
 or through multilateral or bilateral cooperation, to prevent, abate, combat and control pollution arising
 from activities in these areas.
 In addition to the measures referred to in the Protocol concerning Specially Protected Areas for the
 granting of authorization, such measures may include, inter alia:
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 alia:
(a)       Special restrictions or conditions when granting authorizations for such areas:
          0)    The preparation and evaluation of environmental impact assessments;
          (ii)   Special elaboration of provisions in such areas concerning the monitoring, removal of
                 installations and prohibition of any discharge.
(b)       Intensified exchange of information among operators, the competent national authorities. Parties
          and the Organization regarding matters which may affect such areas.
SECTION V -            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.
                                                                                                            /)
 ---pagebreak---                                                                                     UNEP(OCA)/MED WG.30/4
                                                                                                         page 15
  (a)      Carrying out activities in a way which minimizes the risk of pollution;
  (b)      Preventing, abating, combating and controlling pollution, especially in cases of emergency.
 Article 23        -     INTERNATIONAL RULES. STANDARDS AND RECOMMENDED PRACTICES AND
                         PROCEDURES
  1.       The Parties shall cooperate, either directly or through the Organization or other competent
           international organizations, in order to:
           (a)     Establish appropriate scientific criteria for the formulation and elaboration of international
                   rules, standards and recommended practices and procedures for achieving the aims of
                  this Protocol;
           (b)    Formulate and elaborate such international rules, standards and recommended practices
                  and procedures;
          (c)     The Parties shall formulate and adopt guidelines in accordance with international practices
                  and procedures to ensure observance of the provisions of annex VI.
 2.       The Parties shall, as soon as possible, endeavour to harmonize their laws and regulations with
          the international rules, standards and recommended practices and procedures referred to in
          paragraph 1 of this article.
3.        The Parties shall endeavour, as far as possible, to exchange information relevant to their national
          policies, 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, particularly in the fields of science, law.
         education and technology, in order to prevent, abate, combat and control pollution due to
         activities in the Protocol Area.
2.       Technical assistance would include, in particular, the training of scientific, legal and technical
         personnel, as well as the acquisition, utilization and production by those countries of appropriate
         equipment on advantageous terms to be agreed upon among the Parties concerned.
Article 25       -      MUTUAL INFORMATION
The Parties shall inform one another directly or through the Organization of measures taken, of results
achieved and. if the case arises, of difficulties encountered in the application of this Protocol.
Procedures for the 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 activities under their jurisdiction are
         so conducted so as not to cause a pollution beyond the limits of its jurisdiction.
                                                                                                                  i*
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 16
 2.        A Party within whose jurisdiction activities are being envisaged or carried out should take into
           account any adverse environmental effects, without discrimination as to whether such effects
           are likely to occur within the limits of its jurisdiction or beyond such limits.
 3.        If a Party becomes aware of cases in which the marine environment is in imminent danger of
           being damaged, or has been damaged, by pollution, it shall immediately notify other Parties
           which in its opinion are likely 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 ail
           relevant Parties.
 4.       The Parties shall endeavour, in accordance with their legal systems and, where appropriate, on
           the basis of an agreement, to grant equal access to and treatment in administrative proceedings
          to persons in other States who may be affected by pollution or other adverse effects resulting
          from proposed or existing operations.
 5.       Where pollution originates in the territory of a State which is not a Contracting Party to this
           Protocol, any Contracting Party affected shall endeavour to cooperate with the said State so as
          to make possible the application of the Protocol.
 Article 27       -     LIABILITY AND COMPENSATION *
 1.       The Parties undertake to cooperate as soon as possible in formulating and adopting appropriate
          procedures for the determination of liability and compensation for damage resulting from the
          activities dealt with In this Protocol, in conformity with article 12 of the Convention.
 2.       Pending development of such procedures, the Parties:
          (a)     Shall take all measures necessary to ensure that liability for damage caused by activities
                  is imposed on operators, and they shall be required to pay prompt and adequate
                 compensation, to be determined on the basis of strict and limited liability
ALTERNATIVE A:
          (b)    Shall take all measures necessary to ensure that operators shall have and maintain
                 insurance cover or otherfinancialsecurity In such an amount of such type and under
                 such terms as the Competent State shall specify in order to cover the liability under this
                 Protocol.
ALTERNATIVE B:
          (b)    May require the operator to cover his responsibility with any insurance or other financial
                 securities.
*
      The following reservations were expressed: by the EEC, France, Spain and Tunisia with respect
to paragraph 2; by Morocco and Turkey with respect to the whole article.
                                                                                                             /fi
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                                                                                                      page 17
 SECTION VI -          FINAL PROVISIONS
 Article 28       -   APPOINTMENT OF COMPETENT NATIONAL AUTHORITIES
 Each Competent State shall appoint 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 general permits referred to in article 9 of this Protocol;
 (c)      Issue the permitsl-eferred 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)      Give the prior approval 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)       Establish 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 activities, whether authorized or not.
initiated before the entry into force of this Protocol, to ensure their conformity, as far as practicable, with
the provisions of this Protocol.
Article 30      -     MEETINGS
1.        Ordinary meetings of the Parties shall take place in conjunction with ordinary meetings of the
         Contracting Parties to the Convention held pursuant to article 14 of the Convention. The Parties
         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 advisability 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 concerning 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;
                                                                                                                *f
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 18
           (e)   To adopt the guidelines referred to in article 9. paragraph 2, and article 23, paragraph 1
                 (c), of this Protocol;
           (0    To consider the records of the contingency plans and means of intervention In
                 emergencies adopted in accordance with article 16 of this Protocol;
          (g)    To establish criteria and formulate international rules, standards and recommended
                 practices and procedures in accordance with article 23, paragraph 1, of this Protocol, in
                 whatever form the Parties may agree;
          (h)    To facilitate the implementation of the policies and the achievement of the objectives
                 referred to in Section V, in particular the harmonization of national laws in accordance with
                 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 for the application of this
                 Protocol.
Article 31       -     RELATIONS WITH THE CONVENTION
 1.       The provisions of the Convention relating to any Protocol shall apply with respect to this
          Protocol.
2.        The rules of procedure and the financial rules adopted pursuant to article 18 of the Convention
          shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise.
Article 32      -      FINAL CLAUSE
1.       This Protocol shall be open for signature, at                       from         to          , and at
                        from          to             , by any State Party to the Convention invited to the
         Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region for the
         Protection of the Mediterranean Sea against Pollution resulting from Exploration and Exploitation
         of the Sea-bed and its Subsoil, held at               from       to       . It shall also be open until
         the same dates for signature by the European Economic Community and by any similar regional
         economic grouping of which at least one member is a coastal State of the Protocol Area and
         which exercises competence in fields covered by this Protocol in conformity with article 24 of
         the Convention.
2.       This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification,
         acceptance or approval shall be deposited with the Government of Spain, which will assume the
         functions of Depositary.
3.       As from                 , this Protocol shall be open for accession by the States referred to in
         paragraph 1 above, by the European Economic Community and by any grouping referred to in
         that paragraph.
4.       This Protocol shall enter into force on the thirtieth day following the date of deposit of at least
         six instruments of ratification, acceptance or approval of, or accession to, the Protocol by the
         Parties referred to in paragraph 1 of this article.
                                                                                                                 v
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                                                                                     page 19
IN WfTNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Protocol.
DONE at         on this          in a single copy in the Arabic. English, French and Spanish
languages, the four texts being equally authoritative.
                                                                                             11
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 20
                                                   ANNEX I
                       HARMFUL OR NOXIOUS SUBSTANCES AND MATERIALS
                THE DISPOSAL OF WHICH IN THE PROTOCOL AREA IS PROHIBITED
 A      The following substances and materials and compounds thereof are listed for the purposes of
        article 9. paragraph 4 of the Protocol. They have been selected mainly on the basis of their
        toxicity, persistence and bioaccumulation:
        1.      Mercury and mercury compounds
        2.      Cadmium and cadmium compounds
        3.      Organotin compounds and substances which may form such compounds in the marine
                environment-/
        4.      Organophosphorous compounds and substances which may form such compounds in the
                marine environment-/
        5.      Organohaiogen 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 synthetic materials which may float, sink or remain in suspension and which
               may interfere with any legitimate use of the sea
       8.      Substances having proven carcinogenic, teratogenic or mutagenic properties in or through
               the marine environment
       9.      Radioactive substances, including their wastes, if 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
6.     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 following 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.    BiocRJes and their derivatives not covered in annex I
    10.  Selenium
    11.  Antimony
    12.  Molybdenum
    13.  Titanium
    14.  Tin
    15.  Barium (other than barium sulphate)
    16.  Boron
    17.  Uranium
    19.  Cobalt
    19.  Thallium
   20.   Tellurium
   21.   Silver
   22.   Cyanides
B. The control and strict limitation of the discharge of substances referred to in section A must be
   implemented in accordance with annex III.
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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 following factors:
A        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 (solid, liquid, sludge, slurry, gaseous);
         4.    Total amount (volume discharged, e.g. per year);
         5.    Discharge pattern (continuous, Intermittent, seasonally variable, etc.);
         6.    Concentrations with respect to major constituents, substances listed In annex I,
               substances listed in annex II, and other substances as appropriate;
         7.    Physical, chemical and biochemical properties for the waste.
B.       Characteristics of waste constituents with respect to their harmfulness
         1.    Persistence (physical, chemical, biological) in the marine environment;
         2.    Toxicity and other harmful effects;
         3.    Accumulation in biological materials or sediments;
         4.    Biochemical transformation producing harmful compounds;
         5.    Adverse effects on the oxygen content and balance;
         6.    Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic
               environment with other sea-water constituents which may produce harmful biological or
               other effects on any of the uses listed in section E below.
C.       Characteristics of discharge site and receiving 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;
                                                                                                            %k
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                                                                                                page 23
              Dispersion characteristics such as effects of currents, tides and wind on horizontal
              transport and vertical mixing;
              Receiving water characteristics with respect to physical, chemical, biological and
              ecological conditions in the discharge area;
              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 well as domestic sewage should
be selected taking into account the availability and feasibility of:
        (a)   Alternative treatment processes;
        (b)   Re-use or elimination methods;
        (c)   On-land disposal alternatives;
        (d)   Appropriate low-waste technologies.
        Potential Impairment of marine ecosystem and sea-water uses
        1.    Effects on human life through pollution impact on:
              (a)    Edible marine organisms;
              (b)    Bathing waters;
            - (c)    Aesthetics.
       2.     Effects on marine ecosystems. In particular living resources, endangered species and
              critical habitats.
       3.     Effects on other legitimate uses of the sea in conformity with international law.
                                                                                                        zr
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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, including 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 alternatives
        to such methods and means;
   (e)  A description of the foreseeable direct or indirect short and long-term effects of the proposed
        activities on the environment, including 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 addition, possible
        alternatives to such measures;
   (g)  An indication of the measures to be taken for the protection of the environment from pollution
        and other adverse effects during and after the proposed activities;
   (h)  A reference to the methodology used for the environmental impact assessment;
   (i)  An Indication of whether the environment of any other State is likely to be affected by the
        proposed activities.
2. Each Party shall promulgate standards taking into account the international rules, standards and
   recommended practices and procedures, adopted in accordance with article 23 of the Protocol, by
   which environmental impact assessments are to be evaluated.
                                                                                                        i>
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                                                                                                    page 25
                                                   ANNEX V
                             OIL AND OILY MIXTURES AND DRILLING FLUIDS
The following provisions shall be prescribed by the Parties in accordance With article 10:
A    Oil and Oily 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 level before discharge, in accordance with good oilfield practice;
     2.     OBy waste and sludges from separation processes shall be transported to shore;
     3.     All the necessary precautions should be taken to minimize losses of oil into the sea from oil
            collected or flared from well testing;
     4.     All the necessary precautions should be taken to ensure that any gas resulting from oil
            activities should be flared or used in an appropriate manner.
B.   Drilling Fluids and Drill Cuttings
     1.     Water-based drilling fluids and drill cuttings are subject to the following requirements:
            (a) The use and disposal of such drillingfluidsare subject to the Chemical Use Plan and
                  the provisions of article 9 of this Protocol;
            (b) The disposal 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 if they are of a sufficiently low toxicity and only after the
                  operator has been issued a permit by the competent national authority of the Competent
                  State when it has verified such low toxicity;
            (b) The disposal into the sea of such drilling fluids is prohibited;
            (c) The disposal of the drill cuttings into the sea is only permitted on condition that an
                  efficient 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.
3.   Diesel-based drilling fluids:
     The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally be added to
     drilling fluids in such circumstances as the Parties may specify.
                                                                                                             27-
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 page 26
                                                 ANNEX VI
                                            SAFETY MEASURES
The following provisions 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 it is to be used, in particular,
      that it must be designed and constructed so as to withstand, together with its maximum load, any
      natural condition. Including, more specifically, maximum wind and wave conditions as established
      by historical weather patterns, earthquake possibilities, sea-bed conditions and stability, and water
     depth;
(b)  That all phases of the activities, including storage and transport of recovered resources, must be
      properly prepared, that the whole activity must be open to control for safety reasons and must be
      conducted in the safest possible way, and that the operator must apply a monitoring system for
     all activities;
(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 sufficiently marked
     so as to give adequate warning of its presence and sufficient details for its identification using
     appropriate and internationally recognized warning signals;
(e)  That In accordance with international maritime practice, the installations must be indicated on
     charts and notified to those concerned;
(f)  That, in order to secure observance of the foregoing provisions, the person and/or persons having
     the 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 sufficient, qualified staff present at the installation. Such qualifications should
     include, in particular, training, on a continued basis, in safety and environmental matters.
                                                                                                             <i>
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                                                                                           page 27
                                             ANNEX VII
                                        CONTINGENCY PLAN
A. The operator's contingency plan
   1. Operators are obliged to ensure:
      (a) That the most appropriate alarm system and communication system is available at the
           installation and that it is in good working order,
      (b) That the alarm is 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 sufficient and most appropriate materials and equipment, including
           stand-by boats and aircraft, are available to put into effect the emergency plan;
      (g) That the most appropriate methods and techniques are known to the specialized crew
           referred to in annex VI, paragraph c, in order to combat leakages, spillages, accidental
           discharges, fire, explosions, blow-outs and any other threat to human life 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 individual knows exactly his role within 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.
                                                                                                     if
 ---pagebreak---  UNEP(OCA)/MED WG.30/4
 page 28
 B.   National co-ordination and direction
The Competent State shall establish national co-ordination and direction to ensure, in case of an
 emergency:
(a)   The co-ordination 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 it may specify 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 specified action;
(c)  The co-ordination of actions in the course of preventing, abating or combating pollution or in
      preparation for further action for that purpose within the national jurisdiction with such actions
      undertaken within the jurisdiction of other States or by international organizations;
(d)  Collection and ready availability of ail 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-ordination and supervision of the assistance referred to in part A above, in co-operation
     with the operator,
(h)  The organization and if necessary, the co-ordination of specified actions including intervention by
     technical experts and trained personnel with the necessary equipment and materials.
(i)  Immediate communication to the competent national authorities of other Parties which might be
     affected by a contingency to enable them to take appropriate measures where necessary;
G)   The provision of technical assistance to other Parties, if necessary;
(k)  Immediate communication to the competent international organizations with a view to avoiding
     danger to shipping and other interests.
                                                                                                          yO
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                                                                               page 29
                                             APPENDIX
            Ust of Oils
            Asphalt solutions
            Blending Stocks
            Roofers Flux
            Straight Run Residue
             Oils
             Clarified
             Crude OB
             Mixtures containing crude oil
             Diesel 0 1
             Fuel Oil No. 4
             Fuel OH No. 5
             Fuel Oil No. 6
             Residual Fuel Oil
             Road Oil
             Transformer Oil
             Aromatic Oil (excluding vegetable oil)
             Lubricating Oils and Blending Stocks
             Mineral OH
             Motor Oil
             Penetrating Oil
             Spindle OH
             Turbine OH
             Distillates
             Straight Run
              Flashed Feed Stocks
              Gas Oil
              Cracked
              Jet Fuels
              JP-1 (Kerosene)
              JP<J
              JP-4
              JP-5 (Kerosene. Heavy)
              Turbo Fuel
              Kerosene
               Mineral Spirit
The list of oils should not necessarily be considered as exhaustive.
                                                                                       34
 ---pagebreak--- UNEP(OCA)/MED WG.30/4
page 30
              Naphtha
              Solvent
              Petroleum
              Heartcut Distillate Oil
              Gasoline Blending Stocks
              Alkylates - fuel
              Reformates
              Polymer - fuel
              Gasolines
              Casinghead (natural)
              Automotive
              Aviation
              Straight Run
              Fuel OH No. 1 (Kerosene)
              Fuel OH No. 1-D
              Fuel OH No. 2
              Fuel OH No. 2-D
                                       ^
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(92) 169 final
                                                      DOCUMENTS
EN                                                                               14
                                 Catalogue number: CB-CO-92-185-EN-C
                                                             ISBN 92-77-43655-7
Office for Official Publications of the European Communities
L-2985 Luxembourg