CELEX: 51996PC0063
Language: sv
Date: 1996-02-26
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE SIGNATURE OF THE REVISED PROTOCOL FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES AND THE PROTOCOL ON THE PREVENTION OF POLLUTION OF THE MEDITERRANEAN SEA RESULTING FROM THE TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL (BARCELONA CONVENTION)

EUROPEISKA GEMENSKAPERNAS KOMMISSION
•k    -k

           _J

                                           Bryssel den 26.02.1996
                                           KOM(96) 63 slutlig

                    FÖRSLAG TILL RÅDETS BESLUT OM
           UNDERTECKNANDE A V DET REVIDERADE PROTOKOLLET
                       OM SKYDD A V MEDELHA VET
            MOT FÖRORENINGAR FRÅN LANDBASERADE KÄLLOR
            OCH PROTOKOLLET OM SKYDD A V MEDELHA VET MOT
     FÖRORENINGAR GENOM GRÄNSÖVERSKRIDANDE FÖRFLYTTNING
                  A V FARLIGT A VFALL OCH DESS LA GRING

                       (BARCELONAKONVENTIONEN)

                         (framlagt av kommissionen)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY              MEMORANDUM

1.      The Community is a Contracting Party to the Convention for the Protection of the
Mediterranean Sea against Pollution.1 It has also concluded the four Protocols adopted
within the framework of the Convention, namely the Protocol for the prevention of
pollution by dumping,1 the Protocol concerning cooperation in combating pollution by oil
and other harmful substances,2 the Protocol for protection against pollution from land-
based sources3 and the Protocol concerning specially protected areas.4

2.      At their seventh ordinary meeting (Cairo, October 1991) the Contracting Parties
to the Barcelona Convention requested the drafting of a Protocol on the prevention of
pollution of the Mediterranean Sea resulting from the transboundary movements of
hazardous wastes and their disposal.

3.      At least some of the areas covered by this protocol fall within the Community's
jurisdiction; there is a considerable amount of Community waste legislation, including
Regulation No 259/93, and the Community is a Contracting Party to the Convention on
the control of transboundary movements of hazardous wastes and their disposal (Basel
Convention).5

4.      Following the Commission's December 1995 proposal (SEC(95)2102 final) to the
Council concerning a recommendation with a view to opening negotiations on the said
Protocol, the Council, at its ... meeting of ... gave the Commission negotiating directives
to represent the Community in the negotiations.

5.     The next negotiating meeting is scheduled for 17 and 20 April 1996 at Izmir
(Turkey) with a view to finalising the Protocol.

6.      The Conference of Plenipotentiaries for the signature of the said Protocol should
take place in the second half of 1996.

7.      At their eighth ordinary meeting (Antalya, October 1993) the Contracting Parties
to the Barcelona Convention requested the revision of the Convention and the four related
Protocols on dumping, oil and harmful substances, land-based sources of pollution and
specially protected areas (point 1).

       Decision 77/585/EEC, OJ L 240, 19.9.1977.
       Decision 81/420/EEC, OJ L 162, 19.6.1981.
       Decision 83/101/EEC, OJ L 67, 12.3.1983.
       Decision 84/132/EEC, OJ L 68, 10.3.1984.
       Decision 93/98/EEC, OJ L 39, 16.2.1993.
 ---pagebreak--- 8.      At its 1852nd meeting on 9 June 1995 the Council decided both to authorize the
signature, on behalf of the Community, of the revised texts of the Convention and the two
related Protocols on the prevention of pollution by dumping and specially protected areas
and to give the Commission negotiating directives to represent the Community in the
negotiations on the revision of the other Protocols, including the Protocol on land-based
sources of pollution.

9.     Following this Decision by the Council, the Commission signed the revised texts
of the Convention and the two Protocols in Barcelona on 10 June 1995.

10.     The Commission has participated in the working party responsible for preparing
the amendments to the Protocol on land-based sources of pollution and finds the outcome
of the negotiations fully satisfactory.

 11.    At least some of the areas covered by the amendments to the Protocol for
protection against pollution from land-based sources fall within the Community's
junsdiction. The Community has adopted several directives on water and is a Contracting
Party to many international conventions in this field.

12.     A Conference of Plenipotentiaries is due to be held in Syracuse on 7 and 8 March
1996 for the signature of the amended Protocol. It will be preceded by a meeting of
experts on 4 and 5 March to finalize the text.

13.     The Commission draws the Council's attention to the expediency of adopting the
decision in good time so that the Community can sign the amended Protocol on land-
based scu ces of pollution and the Protocol on transboundary movements of hazardous
wastes and their disposal, once these are open for signature, alongside the Member States
which are Contracting Parties to the Barcelona Convention.

14.     The Council is therefore invited to authorize the President to designate the
person(s) empowered to sign, on behalf of the Community, subject to subsequent
conclusion, the revised Protocol on the protection of the Mediterranean Sea against
pollution from land-based sources and the Protocol on the prevention of pollution of the
Mediterranean Sea resulting from the transboundary movements of hazardous wastes and
their disposal, within the framework of the Barcelona Convention.

                                                  z
 ---pagebreak---           FÖRSLAG TILL RÅDETS BESLUT OM
   UNDERTECKNANDE A V DET REVIDERADE PROTOKOLLET
             OM SKYDD A V MEDELHA VET
    MOT FÖRORENINGAR FRÅN LANDBASERADE KÄLLOR
   OCH PROTOKOLLET OM SKYDD A V MEDELHA VET MOT
FÖRORENINGAR GENOM GRÄNSÖVERSKRIDANDE FÖRFLYTTNING
        A V FARLIGT A VFALL OCH DESS LA GRING

             (BARCELONA KONVENTIONEN)
 ---pagebreak--- EUROPEISKA UNIONENS RÅD HAR BESLUTAT FÖLJANDE

med beaktande av fördraget om upprättande av Europeiska gemenskapen,

med beaktande av kommissionens förslag, och

med beaktande av följande:

Gemenskapen är part till konventionen om skydd av Medelhavet mot föroreningar1
(Barcelonakonventionen) samt till de fyra protokoll som har antagits inom ramen för
denna konvention.2

 Kommissionen har på gemenskapens vägnar deltagit i de arbetsgrupper som de
 avtalsslutande parterna till Barcelonakonventionen inrättat, i förhandlingarna om översyn
 av protokollet om skydd mot förorening från landbaserade källor och sammanställningen
 av protokollet om skydd mot föroreningar genom gränsöverskridande förflyttning av
farligt avfall och dess lagring.

Dessa protokolls     tillämpningsområden     berör   åtminstone    delvis   gemenskapens
kompetensområde.

Kommissionen har rapporterat till rådet om de positiva förhandlingsresultaten för att göra
det möjligt för rådet att anta en slutgiltig ståndpunkt.

Det reviderade protokollet om skydd mot förorening från landbaserade källor samt
protokollet om skydd mot föroreningar genom gränsöverskridande förflyttning av farligt
avfall och dess lagring skall antas och läggas fram för parternas underskrift vid
konferenserna av staternas befullmäktigade ombud som kommer att äga rum i Syrakusa
den 7 och 8 mars 1996 resp. under andra hälften av 1996.

Det är viktigt att de båda protokollen kan undertecknas av gemenskapen, med förbehåll
för senare avtalsslutning.

'EGT nr L 240, 19.9.1977, s. 1 och 3
2
 EGT nr L 240, 19.9.1977, s. 1 och 12.
EGT nr L 162, 19.6.1981, s. 4.
EGT nr L 67, 12.3.1983, s. 1.
EGT nr L 68, 10.3.1984, s. 36.
 ---pagebreak--- HÄRIGENOM FÖRESKRIVS FÖLJANDE.

ENDA ARTIKEL

Rådets ordförande har rätt att utse den person/de personer som bemyndigas att på
gemenskapens vägnar och med förbehåll för senare avtalsslutning underteckna det
reviderade protokollet om skydd mot förorening från landbaserade källor samt protokollet
om skydd mot föroreningar genom gränsöverskridande förflyttning av farligt avfall och
dess lagring, inom ramen för konventionen om skydd av Medelhavet mot föroreningar,
och att förse dem med de befogenheter som krävs för detta.

Utfärdat i Bryssel den

På rådets vägnar

Ordföranden
 ---pagebreak---                                                                      UNB=»(OCA)/MED WG.107/3
                                                                                      page 1

    AMENDMENTS TO THE PROTOCOL FOR THE PROTECTION OF THE
    MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES

    The title of the Protocol is amended as follows:

    PROTOCOL FOR THE PROTECTION OF THE MEDITERRANEAN «SEA AGAINST
    POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES
     • '   '   '                      '                • ' * , : '      !     J

     B. PREAMBULAR PARAGRAPHS

   . The 1 st preambular paragraph of the Protocol is amended as foiiojvs:

          Being Parties to the Convention for the.Protection of the Mediterranean Sea
     against Pollution, adopted at Barcelona on f 6 February 1976 and amended o n . ~ . .

     The 3rd preambular paragraph of the Protocol is amended as follows:
                                                  '.                   • i    i
           Noting the increasing environmental pressures resulting from human activities
     in the Mediterranean Sea Area, particularly in the fields of industrialization and
     urbanization as well as the seasonal increase in the coastal population due to
     tourism

     After the 3rd preambular paragraph a n e w preambular paragraph is inserted as
     follows:

           Taking account of the precautionary principle and the pollute^ pays p rinciple,
      and applying the environmental .impact assessment, best available techniques and
[[ lî best environmental practices including dean production [[technologies!]*, as
      provided in art. 4 of the Convention,

     The 4th preambular paragraph of the Protocol is amended as follows:

          Recognizing the danger posed to the marine environment, the Jiving re sources
     and human health by pollution from land-based sources and activities and the
     serious problems resulting therefrom in many coastal waters and river estuaries of
     the Mediterranean Sea, primarily due to tfte release of untreated, insufficiently
     treated or inadequately disposed of domestic/or industrial :dischaqges ancl to the
     input of îçrâc, persistent and bîoaccumulative substances,;

                   The part in double square, brackets in this paragraph i? added by the
                   Secretariat in reference to artide 4 of the amended Convention

                                          3
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 2

The 6th preambular paragraph of the Protocol is amended as follows:

    Determined to take in dose cooperation the necessary measures to protect the
Mediterranean Sea against pollution from land-based sources and activities.
                                                                    I
CyArTnaEI
A title is inserted and the text is amended as follows:

                                  Artide.1
                            GENERAL UNDERTAKINGS

     The Contracting Parties to this Protocol (hereinafter referred to as "the
Parties") shall take all appropriate measures to prevent, abate, combat and
eliminate to- the fullest possible extent pollution of the Mediterranean Sea Area
caused by the discharges from rivers, coastal establishment jor outfalls, or
emanating from any other land-based sources and activities': within their territories,
with priority given m particular to the phasing out of inputs of toxicj persistent and
bîoaccumulative substances.

D. ARTICLE 2

A tide is inserted. The texts of paragraphs (a) and (d) of Article 2 are amended as
follows:                                                   .•••••:•'

                                    . Article 2
                                   DEFINITIONS

(a)   "The Convention" means the Convention for trie Protection j of the
      Mediterranean Sea against Pollution, adopted at Barcelona on 16 February
      1976 and amended on....;                            •     ;     j
                                                              ;
                          " ;                 • •                    •I       !
(d)   The "Hydrologie Basin" means the entire watershed area within the territories
      of the Contracting Parties, draining into theMediterranean Sea Area asjdefined
      by artide 1 of the Convention.                         ;      '
 ---pagebreak---                                                        UNEP(OCA)/MED V\#3.107/3
                                                                         page 3

E, ARTICLE 3                                                       \

A title is inserted and the following new paragraph is added to Artide 3:

                                 Article 3
                          GEOGRAPHICAL COVERAGE                    |
(abis) (re-numbered as (b))

       The hydrologie basin of the Mediterranean Sea Area.

Paragraph (b) is re-numbered as paragraph (c). Paragraph (c) is re-numbered as.
paragraph (d) and amended as follows:

(d)    Saltwater marshes and saltwater aquifers.

A title is inserted and the texts of sub-paragraph (a) and (b), paragraph 1 o;Artide
4 are amended as follows:

                                       Article <4.
                                    PROTOCOL AREA

1.     This Protocol shall apply:

(a)     To discharges originating from land-based .point and diffuse sources and
        activities within the territories of the Contracting Parties which may affect
        directly or indirectly the Mediterranean Sea Area. These discharges shall
        indude those which reach the Protocol Area through coastal disposals, rivers,
      - canals or other watercourses, induding underground watercourses, or through
        run-off and disposal under the seabed with access-from land by tunnel,
        pipeline, or other means;

(b)  To inputs from land-based sources or activities situated in the Protocol Area
     transported by the atmosphere, under conditions defined in annex III to this
     Protocol.                                                            J
                                                       .•••;.       ;      i
The following new paragraph is added to Artide 4:

3. The Parties shall invite States that are not parties to the Protocol and have in
their territories parts of the hydrologie basin of the Mediterranean Area, to
cooperate in the implementation of the Protocol.

                                             3
 ---pagebreak---      UNEP(OCA)/MED WG.107/3
     page 4

     G. ARTICLE 5

     A tide is inserted and texts of paragraphs 1, 2, and 4 of ArtkSa 5 are amended as
     follows:                                                           ! .

                                        Article,S
                                  GENERAL OBLIGATIONS
                                                                           i
     1. The Parties undertake to eliminate pollution derivingfromland-based sources
     and activities. In particular to phase out toxic, persistent .and bîoaccumulative
II   inputs of the substances Gsted in arinex I. [{inputs of the toxic, persistent and
]]   bîoaccumulative substancesfrom the Hst in annex I, section C totalis Protocol.]]

     2. To this end they shall élaborais and implement; individually or jointly, as
     appropriate, national .and regional programmes and action plans, containing
     measures andtimetablesfor their implementation.

     Paragraph 3 is deleted

     4.   (re-numbered as 3}
          The priorities andtimetablesfor implementing the programmes, measures and
     action plans shall be adopted by the Parties taking into account tiie elements set
     out in annex I and shall be periodically reviewed.                        j
                                                                               1
     The following new paragraphs are added to Article 5:
                                                  .' •          "••;•    I      J:- v   •
     4. When adopting programmes, measures and action plans, the Parties snail take
     into account, either individually or jointly, the best available techniques for point
     sources and the best environmental practices for point and diffuse sources
[[   induding, where appropriate, dean production technologies! (LtaWng into account
I]   the criteria set forth in annex IV]].**
     5. The Parties shall take preventive measures to reduce to the minimum Khe risk
     of pollution caused by acddents.

                The part in double square brackets in this paragraph is changed by the
                Secretariat for a more accurate formulation of the text. ;
                The part in double square brackets in this paragraph is added by the
                Secretariat as a necessary reference to the new Annex IV.

                                              A o
 ---pagebreak---                                                          UNB»(OCA)/MED WG. 107/3
                                                                         page 5

H, ArTnqjE g                                                   ;          |
                                                                          i
                                                               :          i
A title is inserted and text of Artide 6 is replaced by the followingitext:
                                                                          y
                                                              :      \
                                      Article 6
                    AUTHORIZATION OR REGULATION SYSTEM
1.   Point source discharges to the Protocol area, and releases into water or air
which reach and may affect the Mediterranean Sea Area, shall be jstrictiy subject
to authorization or regulation by the competent authorities ofjthe Parities, tal ing due
account of the provisions of annex II to tios Protocol. Such authorization or
regulation shall be in conformity with relevant decisions or recommendations of the
Contracting Parties.

2 . To this end each Party shall provide for systems of inspection by their
competent authorities to assess compliance whh authorizations and regu ations.

3. The Parties may be assisted by the Organisation, upon request; in establishing
new, or strengthening existing, competent structures for inspection of cor ipfiance
with authorizations and regulations. Such assistance shall mdudeispedalftraining
of personnel.

4. Each Party shall consider establishing appropriate sanctions in càsej of non-
compliance within its own territories.

1. ARTICLE 7

A title is inserted. The texts of sub-paragraph (e) of paragraph 1 and paragraph 3
of Article 7 are amended as follows:

                               Article7
               COMMON GUIDELINES, STANDARDS AND CRITERIA
                                                                      {

(e)   Specific requirements concerning the quantities of the substances, listed in
      annex I, discharged, their concentration in effluents and methods of
      discharging them.

3. The programmes, measures and action plans referred to in articles 5 and 15
                                                                         L.
shall be adopted by taking into account, for their progressive implementation, the
capacity to adapt and reconvert existing installations, the economic capacpy of the
Parties and their need for development.

                                   >n
 ---pagebreak--- UNEP(OCA)/MED WG.107/3
page 6

J . ARTICLE 8                                              . i i

A tide is inserted and the text of Article 8 is amended as follows: I

                                     Article 8
                                    MONITORING

     Within the framework: of the provisions of, and the monitoring programmes
provided for, in article 1 2 of the Convention, and if necessary in cooperation with
the competent international organizations, the Parties shall carry out at the earliest
possible date monitoring activities in order:

(a)   Systematically to assess, as far as possible, the levels of pollution along their
      coasts, in particular with regard to the sectors of activities and categories of
      substances or sources listed in annex Land periodically to provide information
      in this respect;

(b)   To evaluate the effectiveness of programmes, measures arid action plans
      implemented under this Protocol to eliminate tö the fullest possible extent
      pollution of the marine environment.                        '

K. ARTICLE 9

A title is inserted and the text of Article 9 is amended as follows::

                                   Article 9
                   SCIENTIFIC AND TECHNICAL COOPERATION

      In conformity with article 13 of the Convention, the Parties shall cooperate in
scientific and technological fields related to pollution from land-based sources and
activities, particularly research on inputs, pathways and effects of pollutants and
on the devdopment of new methods for their treatment, reduction or elimination,
as well as the devdopment of dean production processes for their reduction and
elimination. To this end the Parties shall, in particular, endeavour to:

The following new paragraph is added to Artide 9:

(c)   Promote access and transfer of environmentally sound technology induding
      dean production technology.

                                     /\Z
 ---pagebreak---                                                        UNB>(OCA)/iyiED WG.107/3
                                                                         I page 7

L. ARTICLE 10                                                        •
                                                                     • »

A title is inserted and the text of Artide 10 is amended as follows:

                                      Article 10                     ?
                              ' TECHNICAL ASSISTANCE         V        j
                                                   •         •       s

1. The Parties shall, directiy or with the assistance of competent regional br other
international organizations, bilaterally or rnuttilaterally, cooiperate with a riew to
formulating and, as far as possible, implementing prograrhmes ojF assist ance to
devdoplng countries, particularly in thefieldsof sdence, education and t e d nology,
with a view to preventing, reducing or, as appropriate, phasing out ir puts of
pollutants from land-based sources and activities and their: harmful effect in the
marine environment.                                             i       j

2. Technical assistance would indude, In particular, the training ofsdenzhlc and
technical personnel, as well as the acquisition, utilization and production«?y those
countries of appropriate equipment and, as appropriate, dean production
technologies, on advantageous terms to be agreed upon amojng the Parties
concerned.                                                '   i     !

M. ARTICLE 11

A title is inserted as follows:

                                 Article 11
                          TRANSBOUNDARY POLLUTION

N. ARTICLE 12
                                                            \      \
A title is Inserted and the text of paragraph 1 of Artide 12 $s amerided aslfollows:
                                     Article .12                     j
                              SETTLEMENT OF DISPUTES
                          •    •   •   -   .   .                 •   !     '

1. Taking into account artide 28, paragraph 1 , of the Convention, when land-
based pollution originating from the territory of one Party is likely to prejudice
directly the Interests of one or more of the other Parties,; the Parties concerned
shall, at the request of one or more of them, undertake to'enter into consultation
with a view to seeking a satisfactory solution.                   \

                                               M
 ---pagebreak--- UNS>(OCA)/MED WG.107/3
page 8

O. ARTICLE 13

A title is inserted. The texts of paragraph 1 ,/the first sentence of r^aragrap(h 2 and
sub-paragraph (d), paragraph 2 of Artide 13 are amended as follows:
                                   •                     *       •       *       •   .       •       •                                *

                                                       Artîda Ï3                                                     ;            j
                                                       HEPORTé                                                                    \

1 . The Parties shall submit reports every two years to the meetings! of the
Contracting Parties, through The Organization, of measures taken, results achieved
and, if the case arises, of difficulties encountered in the application of this Protocol.
Procedures for the submission of such reports shall be determined at the meetings
of the Parties.                                                        j
''. "' -"..-'      •'•••• • • ' . ..      .                              •. :                            •• " . ! .          '   .i
 2 . Such reports shall Indude, inter alia:                                                                                       j
                                                                     » •                                                 :                ;
                       •   •   •       •   '   •   •         •       .       '           <               '   •                    |               I

(d)   Programmes, measures and action plans bnplerrietrtèd in accordance with
      articles 5, 7 and 15 of this Protocol.
                                                                                                                 .   i

P. ARTICLE 14
              m—*.                                                                                                                j

                                                             •                                   •                   :            i           v

A tîtfë is inserted. The texts of paragraph 1 and of sub-paragraph 1(a), (c)|and (f),
of paragraph 2 of Artide 14 are amended as follows:
                                                                                                                     •            i
                                                       Article 14-                                                   \
                                                       MEETINGS                                                                   j

1.   Ordinary meetings of the Parties shall take: place in conjunction with ordinary
meetings of the Contracting Partiesto the Convention heldS pursuant to aijocle 18
of the Convention. The Parties may also hold extraordinary meetings in accordance
with article 18 of the Convention.

(a)   To keep under review the implementation of this Protocol and |to consider the
      efficacy of the programmes, measures and action plans adopted;

(c)   To formulate and adopt programmes and measures in accordance witharticles
      5, 7 and 15 of this Protocol;

(f)   To consider the reports submitted by the Parties under article 13 of this
      Protocol.
 ---pagebreak---                                                             UNE£(OCA)/MED W<3.107/3
                                                                            page 9

    a ARTICLE 15

    A title is inserted and the text of paragraph .1 of Article 15 is amended as follows:

                                     Article 15
                        ADOPTION OF REGIONAL PROGRAMMÉS,
                           MEASURES AND ACTION PLANS ]

    1.   The meeting of the Parties shall adopt; by a two-thirds majority, the regional
    programmes and short-Derm and medium-term action plans containir^g measi ires and
    timetables for their implementation provided for in artide. 5 of this Protocol.

    The text of paragraph 2 of Artide 15 is replaced by the following texts:
                                                     :           i       ;
                                                                         I
     2.    Regional programmes and action plans as referred to in paragraph 11shall be
     formulated by the Organization,<ionsidered and approved by the relevant te chnioal
it body of the Contracting Parties [[recommended for approval by the Meet ng of
11 National Coordinators for MED POL]]* within one year at the latest of ti te entry
     into force of the amendments to this Protocd. Such regional prpgramr les and
     action plans shall be put on the agenda for the subsequent meeting of the Parties
([]] for adoption, [[approval]]*. The same procedure shall i be followed for any
                                                                      T
     additional programmes and action plans.

     3.    The measures and timetables adopted in accordance with paragraph 1 of
[    this article shaU be obQgatory for the Parties (which voted for them or which have
     not notifies the Secretariat of an objection within sixty days of thé date of their
]    adoption].

CTO 4 .  The Parties which have not [voted for] [accepted] certain measures or
[   timetables [or which have notified an objection in accordance whhjthe preceding
]   paragraph,] shall inform the meeting of the Parties of the provisions they intend to
    take, it being understood that these Parties may at any time give their consent to
    these measures or                    timetables.                    ;

     R. ARTICLE 16                                                           j'

     A tide is inserted and the text of paragraph 2 of Artide 16 is amended as follows:
                                                                             i
                                         Article 16
                                     FINAL PROVISIONS

     2.   The rules of procedure and the financial rules adopted; pursuant to arp'cle 2 4
     of the Convention shall apply with respect ;to this Protocol, unless the Parties to
     this Protocol agree otherwise.                                     '! •    j

                The part in double square brackets in this paragraph is changea* by the
                Secretariat for an accurate legal formulation of the text.;

                                                                                       i

                                                                                  -J
                                          'îf
 ---pagebreak---      UNEPCOCA1/MED WG.107/3
     page 10

     S. ANNEX I

     Annex 1 is replaced by a new Annex I as follows:

                                -        ANNEX I

          ELEMENTS TO BE TAKEN INTO ACCOUNT IN THE PREPARATION
           OF PROGRAMMES AND MEASURES FOR THE ELIMINATION OF
            POLLUTION FROM LAND-CASED SOURCES ÄNJD ACTIVITIES

          This annex contains dements which will be taken into account in the
     preparation of programmes, measures and action plans!for the elimination of
     pollution from land-based sources and activities referred to in artides J5,7 and
                                                             ;
     15 of this Protocol.                                             !

          Such programmes, measures and action plans will aim to-cover sectors
     of activities Gsted in section A of this annex. They mayjalso cover groups of
     substances cutting across the sectors of activities. Substances Induced m
     such programmes, measures and action plans will be selected on the oasis of
     the characteristics listed in section 6 of this annex, Section Ç of this.! annex
     includes various -groups of substances selected on the j basis, j of the
     characteristics listed in Section B. Priorities for action should be established
     on the baste of relative importance of the impact on public health, the
     ecosystem and socio-economic cultural conditions. Such programmes should
     cover point sources, diffuse sources and atmospheric deposition.

     A.   SECTORS OF ACTIVITIES                                       i

         The following sectors of activities, not In priority order, will be primarily
     considered when setting priorities for the preparation of | programmes,
     measures and action plans for the elimination of the pollution from land-based
     sources and activities:                                          i

[]        1.    Energy production [from fossil fuel].

          2.    Fertiliser production.

          3.    Production and formulation of bioddes.

          4.    Pharmaceutical industry.

          5.    Refineries.

           6.   Paper and pulp industry.

                                          AC
 ---pagebreak---                                                          • i

                                                       UNErj(OCA)/MED Wp.107/3
                                                                  I    page 11

7.   Cernant production.
8.   Tanneries.
9.   Metal industry.
10. Mining.
11. Shipyards.

12. Textile industry.
13. Electronic industry.             •         '   >
                                                         ••» •

14. Recycling Industry.
15. Other sectors of the organic chemical industry.
                                         • .             . i
16. Other sectors of the inorganic chemical industry.
17. Touristic establishments.
                                                         : i
18. Agriculture.

19. Animal husbandry.                                      j
20. Food processing.                                       j
                                                            t

21. Aquaculture.
22. Treatment of hazardous waste at source.                ;
23. Domestic waste water disposal :and treatment
24. Urban waste disposal and treatment.

25. Sewage sludge disposal and waste disposal plants" residues.
26. Incineration of waste.                                       I-
Q27JPubIic and private works which cause physical alteration of |the
natural state of the coastiIne.]r                       [

     The part in double square brackets-in this annex isj added! by the
     Secretariat in order to put it in line with the Global Programme of Action
     for the Protection of the Marine Environment fromLand-bbsed Activities:

                             1>
 ---pagebreak--- UNEP(OCA)/MED WG. 107/3
page 12

B.   CHARACTERISTICS OF SUBSTANCES IN THE ENVIRONMENT
                                                                     •       »

                                              "              i       I
    In order to set priorities for substances, the Parties should take into
account the characteristics listed below.which are not; necessarily cf equal
importance for the consideration of a particular substance or group of
substances.                              -            ;      '
                                                                     i
     1.   Persistency.
     2.   Toxicity or other noxious properties (eg.' carcinogenicity
          mutagenicity, teratogenicity).
     3.   Bioaccumulation.
     4.   Radioactivity.
     5.   The ratio between observed concentrations arid no observée! effect
          concentrations (NOEC).
     6.   Risk of eutrophication of anthropogenic origin.
     7.   Health effects and risks.
     8.   Transboundary significance.
     9.   Risk of undesirable changes in the marine ecosystem and
          irreversibility or durability of effects.
     10. Interference with the sustainable exploitation of living resources or
         with other legitimate uses of the sea.                       I
                                           ' • •             I.          !       i
     11. Effects on the taste and/or smell of products for human consumption
         from the sea, or effects on smell, colour, transparency or other
         characteristics of the water In the marine environment       i
     12. Distribution pattern (Le. quantities Involved, use pattern and {liability
         to reach the marine environment).

C.   CATEGORIES OF SUBSTANCES                                            i       i
                                                                 :
               .           -                                             •       I   .
                                                         .       !       •       I
     The following, groups of substances were selected onj the basis of
characteristics listed in section B of this annex. This list will serve as a
guidance in the preparation of programmes, measures and action plans for the
elimination of pollution from land-based sources and activities.

                                      At
 ---pagebreak---                                                       UNEP(OCA)/MED WG.107/3
                                                                     (page 13

1.    Organohalogen compounds and substances which may form such
      compounds in the marine environment1'.
      Organophosphorus compounds and substances which may form
      such compounds in the niarme environment'. ' ;

3.    Organotin compounds and substances which may form such
      compounds in me marine environment*.      j
                                                          • '         i
4.    Polycyctic aromatic hydrocarbons.                                j
5.    Heavy metals and their compounds.                               -,
                                                          \            !
6.    Used lubricating oils.                                      •    I
                               '           • -          « i            '
7.    Radioactive substances, including their wastes,! [when their
      discharges do notcompfy with the principles of radiation protection
      as defined by the competent international organizations, taking into
      account the protection of the marine environment]. !
8.    Bioddes and their derivatives.       .                           !
                                                    !    J
9.  Pathogenic microorganisms and i algal toxins which could result from
    eutrophication.                                 i    I
                                                    i    ).
10. Crude oils and hydrocarbons of petroleum origin.;     ]
11.   Cyanides and                      fluorides.                     \
                                   ••                         i            !
12. Nonbiodegradable detergents and other surface-active substances.
                                           '     •.      '!                I
13. Compounds of nitrogen and phosphorus.
                                  . : •           •• S     •!.
14. Persistent synthetic materials which may float, sink! or remain in
    suspension and which may interfere with any legitimate use of the sea.
                                                         • i               ;
                                                              •            i

15. Any other substance or group of substances having anyi characteristics
    listed in section B of this annex             :      i

      With the exception of those whichjare biologically i harmless or wlhich are
      rapidly converted, into biologically harmless substances. ;
 ---pagebreak--- UNBP(OCA)/MED WG.107/3
page 14

T. ANNEX n

Annex II is deleted.

U. ANNEX HI

Annex III is re-numbered as Annex IL Its introductory paragraph land the text of
paragraph 6 of section A are amended as follows;                P

                                 '".- ANNEX 11                                                    ;                   i
                                                 ;                                 ..'-.:.!                           jV
      Vvith* a view to the* issue of an author^
containiiiy substances referred to In article 6 to this Protocol
                                                             ;
tie taken, as the <2töe may be, of the            fo           «                                                      j
                        '              .    -    •     •                       .       .          '       ?   .       !

         A. CHARACTERISTICS AND COMPOSITION OF;THE vtaSTE
            .                      .             -     •           •               ;       • : ; ' .                      |

     6. ConceiiUalionswith respecttocategorles of substances gsted In annex I,
and other substances as appropriate.                         j

v./WEX/jv
Annex IV is re-numbered as Annex 111. The texts of paragraphs 3 and 5 are
amended as follows:

                                           ANNEX 111                                                  :
                                                                                                                      !
                                                                                                                          i
                                                           .                                          .               »
3.    In the case of- pollution of the Protocol Area from land-based spurces [through
     the atmosphere, the provisions of articles 5 and 6 to ithis Protocol shall apply
     progressively to appropriate substances and sources östed in annex I to this
     Protocol as will be agreed by the Parties.                       I
                                                               .       '   •       •   '      «                   •   •       •   '   !   •

5.    The provisions of annex llto this Protocol shall apply to pollution through the
      atmosphere whenever appropriate. Air pollution monitoring and fnodellii ig using
      acceptable common emission factors and methodologies, shafl be earned but
      in me assessment of atmospheric deposition of substances, as wen as in the
      compilation of inventories of quantities and rates of pollutant erriissions into the
      atmosphere from land-based sources.,                               j

                                                to
 ---pagebreak---                                                                                                   UNEHOCA)/IWED WG.107/3
                                                                                                            I   • "page 15

     ML
     A new Arinex IV is added reading as follows:

II                                     [[ANNEXE

     A.   BEST AVAILABLE TECHNIQUES                                                                                          i
     1. The term "best available techniques* means the latest and jmost effective
     stage of development of processes and ihethods of operation which indicate
     the practical suitability of a particular measure tor constitutingtyiprinciple the
     basis for limiting values of emissions and general environmental impact:

     2. The term "techniques" includes both the technology used and the way in
     which the installation is designed, built, maintained, opètatad açd dismantled.
                                                                            mani
     3. The term ""available" refers to processes developed on a.scale which
     makes it feasible to apply them in the relevant industrial sectojr under viable
     economic and technical conditions, while taking: into {consideration
     costs/benefits; it shall make no deference whether or not such processes are
     used or developed in the territory of an interested party, provided that the
     entrepreneur interested in using them could have access to them under
     reasonable conditions.
     4. . The term "best" refers to the most effective processes for obtaining high
     level of protection of the environment as. a whole.
                                                                              •               •                   •           i
     5. In determining the best available techniques, in äenenui or individual
     cases, special consideration shall be given to:           !                                      1
                                                                                                                  ;          S
                                                      .       '       "       •       '       •   "       •   i               i
          (a) the use of processes which.produce less waste;                                                      :
                                                                                                                              \
                                              '   •       •       •       •       •       .                                  j-

          (b) the use of substances which are less hazardous;                                                                 j

                The Meeting of the Legal and Technical Experts to exarraiine the
                amendments to the LBS Protocol (Siracusa, 4-6 May 19^5) decided that
                an annex on the "Best available techniques* ançl "Best; environmental
                practices18 should be added to the Protocol. As a result, the meeting
                decided to use the relevant Text adopted by theiContraciing Parties to
                trie Paris Convention as the basis for the preparation of [the new annex
                to the Protocol moth the understanding that Contracting Parties would
                send comments and suggestions for changes-! The present text of
                annex IV is therefore the result of the work of the Secretariat land the
                comments received from tiie Contracting Parties!          j
                                                                                                                      ]
                                       21                                                                                 ' ' I
 ---pagebreak--- UNEP(OCA)/MH) WG.107/3
page 16

                                                                     i      I
     (c) the development of processes for the receiving and recycling of
         substances used and emitted m the course of the process and the
         waste, as appropriate;                             !
     (d) the comparable processes, equipments or methods of operation
         which have recently been successfully tried jout on an industrial

     (e) the technological advances end changes In scientific kn
                                                       .   j         *

     (f)   the nature, Impact and volume of the discharges and
           concerned;
                                                                     i
     (g) the starting date of operation of both new and existing plants;
                               •            .       '' •             !      j
     (h) the time needed to develop a better technique available;
     0) the consumption and nature of. primary resources used (Including
        . water) and energy efficiency;'                . j
     0)    the need to prevent or reduce'to a minimum the global Input, of
           emissions and environmental risks;              !
     (k) the need to prevent accidents and, if they should occur, to reduce
         environmental impact;
                                                               :      f
     (I)    the flexibility for improvement and easy modification jof the applied
           • techniques; ..                                       j
                                                                      !
                                                               !"      '•
     (m) the consideration of the type of disposal along with the best
         available techniques; and
                                                                    - i

     (n) the compatibility with, or suaabuTty for, local prevailing social,
         economic and environmental conditions.       ;     I

B.   BEST ENVIRONMENTAL PRACTICE

6, The term "best environmental practice" means the most appropriate
combination of measures to prevent diffuse pollution or to ensure that the
operation of antipollution equipment Is carried out in anienvlronmentally sale
manner. Best environmental practice includes both practical measures and
behaviour which respects the environment on the-one hand, and the
instruments used to encourage adoption of such measures and behaviour
development on the other.

                                       V 2-
 ---pagebreak---                                                            UNEP{OCA)/MED W G . 1 0 7 / 3
                                                               i           page 1 7

     7. In determining the activities the implementation of which must be
     compatible with best environmental practice, particular consideration should
     be given to the following elements:
                 the precautionary principle;                          j
                 environmental risks linked to:                 ;      |
                     the activity itself; and                         j
                     the production, utilisation and definitive elimination of tiie
                     products used in the framework of this activity; land
                 the possibility to modify the activities or to replace j them by less
                                                                ;
                 polluting ones.                                      •
                                                                i      !
     8. The time limits set for complying with the best environmental practice
     must take into consideration social and economic impact which could result
     from the diverse rate in the implementation of the best environmental practice.

     9. In defining the best environmental practice f o r a particular {diffuse
     pollution source, attention should at least be paid to:           j
     (a)   measures, such as:

           (i)   making collection systems available to the public for jwastes
                 hazardous to the environment; and                     i
                                                                           l       !
           (ii) making available systems for the recovery, recycling and/or safe
                elimination of wastes which would be environmentally [unsafe] if such
                systems were not provided; and                              |

     (b) behaviour and promotion tools, such as:
                                                                      i     I
           (i) the development and application of codes of good behaviour and
                good environmental practice;                                j
           (ii) the provision of information and education totiiepublip and to users
                about the environmental consequence of choice of [products and
                particular behaviour they adopt;                      \      \

           (ill) the establishment of systems of licensing, involving restrictions or
                 banning of certain practices; and                           J
                                                                               I   !
           (iv) the application of economic instruments to limit the environmental
11              impact of activities or the use of certain products.]] !
                                         C™   ^
 ---pagebreak---                                                           UNEP(OCA;,'MEQ WG.79/4

                                                                               Page 1

         DRAFT PROTOCOL FOR THE PREVENTION OF POLLUTION
     OF THE MEDITERRANEAN SEA BY TRANSBOUNDARY MOVEMENTS
             OF HAZARDOUS WASTES AND THEIR DISPOSAL

The Contracting Parties to the present Protocol,

Being Parties to the Convention for the Protection of the Mediterranean Sea against
Pollution, adopted at Barcelona on 16 February 1S76,

Conscious of the danger threatening the environment of the Mediterranean Sea area
as a whole caused by the transboundary movements and dispcsa! of hazardous •
wastes,

Convinced that the most effective way of protecting human health and the marine
environment from the dangers posed by hazardous wastes is the reduction and
elimination of their generation, e.g. through substitution and other clean production
methods,

Recognizing the increased will for the prohibition of transboundary movements of
hazardous wastes and their disposal in other States, especially in developing
countries.

Taking into account the 1992 Rio Declaration on Environment and Development and
especially Principle 14 which declares that States "should effectively cooperate to
discourage or prevent the relocation and transfer to other States cf any activities or
substances that cause severe environmental degradation or are found to be harmful
to human health",

Aware of the growing international concern regarding the need to ensure that pollution
originating in one State is not transferred to other States and, consistent with this
objective, and of the need to reduce transboundary movements of hazardous wastes
to a minimum as far as possible, with the ultimate aim of phasing out such
movements,

Recognizing also that any State has the sovereign right to ban the entry, transit or
disposal of hazardous wastes in its territory,

Taking into account also the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, adopted on 22 March 1989, in
 ---pagebreak--- UNE?(GCA)/ME3 WG.7S/4

Pace 2
             i

                                                                                              \
particular Artide 1 ", ar d decision i/22 adopted by the First Meeting cf the Conference
of the Parties tc the Easel Convention,

Taking into account ru-ther that many States, among them Contracting Parties to the
Barcelona Convention, have taken legal measures and entered into international
agreements consistent with the Basel Convention to ban transboundary movements
of hazardous wastes, for example, the Fourth ACP/EEC Convention signed in Lomé
on 15 December 1 SES by the European Economic Community and the African,
Caribbean and Pacific Group of States, and the Bamako Convention en the Ban of the
Import into Africa and the Control of Transboundary Movement and Management of
Hazardous Wastes wrr.in Africa, adopted under the auspices of the Organization of
African Unity on SO January 1991,

Recognizing further the differences in levels of economic and legislative development
among the various Mediterranean coastal States, and realizing that hazardous waste
should not be slicwec to be transported in order to take advantage of such economic
or legislative disparities to the detriment of the environment and of the social well-being
of developing countries,

Bearing in mind the fact that the most effective way of dealing with the threats
represented by wastes for human health and the environment consists of decreasing
or even prohibiting the transfer of activities which generate hazardous wastes, '

Have agreed as fcilows:                                                          \/'"   \

Artide 1 - Definiticns

For the purposes of this Protocol:

       (a) "Convention" means the Convention for the Protection of the Mediterranean
       Sea aganst Pollution, adopted at Barcelona on 16 February 1S76;

       (b)     A "Party" means n Contracting Party to this Protocol in accordance with
       Article 23, paragraph 1, of the Convention;

       (c) "Wastes" means substances or material which are disposed of or are
       intended to be disposed of or are required to be disposed of by the provisions
       of national law;

       (d) "Hazardous wastes" means wastes as specified in Article 2 of this Protocol;

       (e) "Disposal" means any operation specified in Annex HI to this Protocol;

       (f) "Transboundary movement" means any movement of hazardous wastes
       from an area under the national jurisdiction of one State to or through an area

                                           <z S
 ---pagebreak---                                                    UNEP(OCA)/MED WG.7S/4

                                                                         Page 3

under the national jurisdiction of another State or to or through an area not
under the national jurisdiction of any State, provided at least two States are
involved in the movement;

(g)    "Approved site or facility" means a site or facility for the disposal of
hazardous wastes which is authorized or permitted to operate fcr this purpose
by a relevant authority of the State where the site or facility is located;

(h)      "Competent authority" means one governmental authority designated by
a Party to be responsible, within such geographical areas as the Party may
think fit for receiving the notification of a transboundary movement of hazardous
waste, and any information related to it, and for responding to such a
notification;

(i)   "Clean production methods" means those which,avoid the generation of
hazardous wastes in conformity with Articles 4 and 7 of this Protocol;

Q)      "Environmentally sound management' of hazardous wastes means taking
all practicable steps to ensure that hazardous wastes are collected, transported
and disposed of (including after-care of disposal sites) in a manner which will
protect human health and the environment against the adverse effects which
may result from such wastes;

(k)   "Area under the national jurisdiction of a State" means any land, marine
area or airspace within which -a State exercises administrative and regulatory
responsibilities in accordance with international law in regard to the protection
of human health or the environment;

(I)   "State of export" means a Party from which a transboundary movement
of hazardous wastes is planned to be initiated or is initiated;

 (m)    "State of import" means a Party to which a transboundary movement of
hazardous wastes is planned or takes place for the purpose of disposal therein
or for the purpose of loading prior to disposal in an area not under the national
jurisdiction of any State;

(n)    "State of transif means any State, other than the State of export or
import, through which a movement of hazardous wastes is planned or takes
place;

(o)   "Exporter" means any person under the jurisdiction of the State of export
who arranges for hazardous wastes to be exported;

(p)   "Importer" means any person under the jurisdiction of the State of import
who arranges for hazardous wastes to be imported;

                                             ZG
 ---pagebreak--- UNEP(OCA)/MED W3.7S/4

Pace 4

       (q)    "Generator" means any person whose activity produces hazardous
       wastes or, if that person is not known, the person who is in possession and/cr
       control of those wastes;

       (r)   "Disposer* means any person to whom hazardous wastes are shipped
       and who carries out the disposal of such wastes;

       (s)   "Illegal traffic' means any transboundary movement cf hazardous wastes
       as specified ir Article 8;

       (t) "Person" means -any natural or legal person;

       (u) "Developing countries" means those countries which are not Member
       States of the Organization for Economic Co-operation and Development
       (OECD);n                                         . , - . ' .

       (v) "Deveiopec countries" means those-countries which are Member States of"
       the Organization for Economic Co-operation and Development (OECD);n

       (w) "Organization" means the body referred to in Article 2(b) of the
       Convention.

Article 2 - Scooe of tre Protocol ( "'

1.     Hazardous wastes for the purposes of this Protocol shall be: ."'"

       (a) Wastes that belong to any category in Annex 1 to this Protocol;

      (b) Wastes that are not covered under paragraph (a) above but are defined as,
      or are considered to be, hazardous wastes by the domestic legislation of the
      State of export, import or transit;

       (c) Wastes that possess any of the characteristics contained in Annex II to this
       Protocol;

      Reservation by Israel
**    Reservation by the European Economic Community
*#    Reservation by France
      Reservation by Spain

                                         • Z?r
 ---pagebreak---                                                            UNEP(OCA)/MED WG.79/4

                                                                                 Page 5

       (d) Hazardous substances that have been banned, whose registration has
       been canceled or refused through government regulatory action in the country
       of manufacture for human health or environmental reasons, or have been
       voluntarily withdrawn or omitted from the government registration required for
       use in the country of manufacture.

2.     Wastes which derive from the normal operations of ships, the discharge of
which is covered by another international instrument, are excluded from the scope of
this Protocol.

3.     The generator, the exporter or the importer, depending on the circumstances,
shall bear the responsibility for checking with the competent authorities of the State of
export, import or transit that a particular waste,, prior to its transboundary movement,
is not subject to this Protocol.       .

Article 3 - National definitions of hazardous wastes

1.    "Each Party to the Convention shall, within six months of becoming a Party,
inform the Organization of the wastes, other than those listed in Annex I to this
Protocol, considered or defined as hazardous wastes under its national legislation, and
of any requirements concerning transboundary movement procedures applicable to
such wastes.                                                                    /

2.    Each Party shall subsequently inform the Organization of any significant
changes in information it has provided pursuant to paragraph 1 of this Article.

3.    The Organization shall inform all Parties of the information it has received
pursuant to paragraphs 1 and 2 of this Article.

4.    The Parties shall be responsible for making the information transmitted to them
by the Organization under paragraph 3 of this Article available to their exporters.

Artide 4 - General obligations

1.      The Parties shall take all appropriate measures to prevent and eliminate
pollution of the Mediterranean Sea area which can be caused by transboundary
movements and disposal of hazardous wastes.

2.    The Parties shall take all appropriate measures to reduce to a minimum, and
where possible eliminate, the generation of hazardous wastes.

3.    The Parties shall also take all appropriate measures to reduce to a minimum the
transboundary movement of hazardous wastes, and if possible to eliminate such
movement in the Mediterranean.

                                        z%
 ---pagebreak--- UNEP(OCA)/MED W3.7S/4

Pace 6

       To achieve this coal, Parties have the right individually or ccilectiveiy to ban the
import of hazardous wastes. Other Parties shall respect this sovereign decision and
not permit the expert of hazardous wastes to States which have prohibited their
import.

4.     All Parties shai! take appropriate legal, administrative and other measures within
the area under their junsdiction to prohibit the export and transit of hazardous wastes
to developing countries, and Parties which are not Member States of the European
Economic Community shall prohibit all imports and transit of hazardous wastes/*5

5.     The Parties sr.ail cooperate with other United Nations agencies, relevant
international and regional organizations in order to prevent illegal traffic, and shall take
appropriate measures to achieve this goal, including criminal punishment measures
in accordance with thslr national legislation.

Article 5 - Transbour.carv movement and notification procedures

       In exceptional ca^es, unless otherwise prohibited, when hazardous wastes
cannot be disposed cf in an environmentally sound manner in the country in which
they originated, transboundary movements of such wastes can be allowed if:

1.     The special situation of the Mediterranean developing countries which do not
have the technical capabilities nor the disposal facilities for the environmentally sound
management of hazardous wastes is taken into consideration.

2.    The competent authority of the State of import ensures that the hazardous
waste is disposed of in an approved site or facility with the technical capacity for its
environmentally sound disposal.

3.     Tne transboundary movement of hazardous wastes only takes place with the
prior written notification of the State of export as specified in Annex IV to this Protocol,
and the prior written consent of the State(s) of import and the State(s) of transit •

4.      Every State involved in a transboundary movement ensures that such
movement is consistent with international safety standards and finandal guarantees,
in particular the procedures and standards set out in the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposal.

       Reservation by the European Economic Community

                                             Z-9
 ---pagebreak---                                                             UNEP(OCA)/MED WG.79/4

                                                                                   Page 7

Article 6 • Duty to reimport

       The State of export shall reimport the hazardous wastes if the transboundary
movement cannot be completed by reason of impossibility of performance of the
contract. To this end, any State of transit shall not oppose, hinder or prevent the
return of those wastes to the State of export after being properly informed by the State
of export.

Article 7 - Regional cooperation

1.      In conformity with Article 11 of the Convention, the Parties shall cooperate as
far as possible in scientific and technological fields related to pollution from hazardous
wastes, particularly in the implementation and development of new methods for
reducing and eliminating hazardous waste generated through dean production
methods.

2.     To this end, the Parties shall submit annual reports to the Organization-
regarding the hazardous wastes they generate and transfer within the area of the
Convention in order to enable the Organization to produce a hazardous waste audit.

3.     Tne Parties shall cooperate in taking appropriate measures to implement the
precautionary approach based on prevention of pollution problems arising from
hazardous wastes and their transboundary movement and disposal. To this end, the
Parties shall ensure that clean production methods are applied to production
processes.

Article 8 • Illegal traffic

1.     For the purpose of this Protocol, any transboundary movement of hazardous
wastes in contravention of this Protocol or of general principles of international law
shall be deemed to be illegal traffic.

2.       Each Party shall introduce appropriate national legislation to prevent and punish
illegal traffic, including criminal penalties on ail persons involved in such illegal
activities.

3.     In the case of illegal traffic due to the conduct of the generator or the exporter,
the State of export shall ensure that the wastes in question are taken back by the
exporter or the generator or, if necessary, by itself, into the State of export within 30
days from the time the illegal traffic has come to its attention and that appropriate legal
action shall be taken against the contravenor(s).

4.     In the case of illegal traffic due to the conduct of the importer or disposer, the
State of import shall ensure that the wastes in question are eliminated according to
environmentally sound methods by the importer within 30 days from the time the illegal

                                        3o
 ---pagebreak--- UNEP(OCA)/MED WG.7S/4

Paoe 8

traffic has come to tr s attention of the State of import; if not pcssibie, tïie State of
export shall ensure that the wastes are taken back by the exporter, the generator or,
if necessary, by itser into the State of export. The competent authorities of the
importing or exporting States shall ensure that legal proceedings according to this
Protocol are taken against the contravenor(s).

5.      in cases where tiie responsibility for the illegal traffic cannc: be assigned either
to the exporter or gererator or to the importer or disposer, the parties concerned or
other parties, as app-opriate, shall ensure, through cooperation that the wastes in
question are disposée of as soon as possible in an environmentally sound manner
either in the State of export or the State of import or elsewhere as appropriate.

6.      The Parties snail forward, as soon as possible, ail information relating to illegal
traffic to the Organization, which shall distribute the information to all Contracting
Parties.

7.      Tine Parties shall cooperate to ensure that no illegal traffic takes place. Upon
request, the Organization shall assist Parties in their identification of cases of illegal
traffic and shall circulate immediately to tiie Parties concerned any information it has
received regarding illegal traffic.

8.    The Organization shall undertake the necessary coordination with "the
Secretariat of the Easel Convention in relation to the effective prevention and
monitoring of illegal traffic in hazardous wastes. Such coordination will be mainly
based on:

       (a)    Exchange of information on cases or alleged cases cf illegal traffic in the
              Mediterranean and coordination of action to remedy such cases;

       (b)    Providing assistance in the field of capacity building including
              development of national legislation and of appropriate infrastructure in
              the Mediterranean States with a view to the prevention and penalization
              of illegal traffic of hazardous wastes;

       (c)    The establishment of a mechanism to prevent and monitor illegal traffic
              in hazardous wastes in the Mediterranean.

Article 9 - Assistance to developing countries

1.     The Parties shall, directiy or with the assistance of competent or other
international organizations or bilaterally, cooperate with a view to formulating and
implementing programmes of finandal and technical assistance to developing
countries for the implementation of this Protocol.

                                          3A
 ---pagebreak---                                                           -UNEP(0CA)/M5D WG.79/4

                                                                                 Page 9

2.     To that purpose, the first meeting of the Parties to this Protocol should consider
the establishment of a regional centre for training and technical assistance in the field
cf hazardous wastes.

Article 10 - Transmission of information

       Tne Parties shall inform one another through the Organization of measures
taken, of results achieved and, if the case arises, of difficulties encountered in the
application of this Protocol. Procedures for the collection and distribution of such
information shall be determined at the meetings of the Parties.

Article 11 « Information to and participation of the public

1.    In the exceptional cases in which transboundary movement-of hazardous
wastes is permitted under Article 5 of this Protocol, the Parties shall ensure that
adequate information is made available to the public transmitted through such
channels as the Parties deem appropriate.

2.     The State of export and the State of import shall, in accordance with the
provisions of this Protocol and whenever possible and appropriate, give the public an
opportunity to participate in relevant procedures with the aim of making known its
views and concerns.

Article 12 - Verification

1.     Any Party which has reason to believe that another Party is acting or has acted
in breach of its obligations under this Protocol must inform the Organization thereof,,
and, in such an event, shall simultaneously and immediately inform, directly or through
the Organization, the Party against whom the allegations are made.

2.    The Organization shall carry out a verification of the substance of the allegation
and submit a report thereon to the Parties.

Article 13 - Liability and compensation

      The Parties shall cooperate with a view to setting out, as soon as possible,
appropriate guidelines for the evaluation of the damage, as well as rules and
procedures in the field of liability and compensation for damage resulting from the
transboundary movement and disposal of hazardous wastes.

                                      3 2.
 ---pagebreak--- UNE?(CCA)/MED WG.79/4

Pace 10

Article u - Meetings

1.    Ordinary meetings of the Parties shall take place in conjunction with ordinary
meetings of the Contracting Parties to the Convention held pursuant to Article 14 of
the Convention. The Parties to this Protocol may also hold extraordinary meetings in
conformity with Artice 14 of the Convention.

2.     Tne functions of the meetings of the Parties shall be, inter alia:

       (a)   To keep under review the implementation of this Protocol, and consider
       any additional tieasures, including in the form of annexes;

       (b)    To revise and amend any annex to this Protocol;'

       (c)   To fomulate and adopt programmes, methods and measures in
       accordance w-tii the relevant Articles of this Protocol;

       (d) To consice- any information submitted by the Parties to the Organization or
       to the meetings of the Parties in accordance with the relevant Articles of this
       Protocol;

       (e) To perforrr such other functions as may be appropriate for the application
       of this Protocc '.

Artide 15 - Ace otior.

       Tne meeting cf the Parties shall adopt, by a two-thirds (2/3) majority, any
additional programmes and measures for the prevention and elimination of pollution
from transboundary movements of hazardous wastes and their disposal.

Article 16 - Final clauses

1.    The provisions of the Convention relating to any Protocol shall apply with
respect to this Protocol.

2.     The rules of procedure and the financial rules adopted pursuant to Artide 18
of the Convention shall apply with respect to this Protocol, unless the Partes to this
Protocol agree otherwise.

3.    This Protocol shall be open for signature at                           , from
                   to                    , and at Madrid from »                   to
               _, by any State invited to the Conference of Plenipotentiaries of the
Coastal States of the Mediterranean Region on the Prevention of Pollution of the

                                    S3
 ---pagebreak---                                                               UNEP(OCA)/MED WG.79/4

                                                                                   Pa^c 11

Mediterranean Sea resulting from the Transboundary Movements of Hazardous
Wastes and their Disposal held at                      from                  to
             . It shall also be open until the same dates for signature by the
European Economic Community and by any similar regional economic grouping of
which at least one member is a coastal State of the Mediterranean Sea Area and
which exercises competence in the fields covered by this Protocol.

4.     This Protocol shall be subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the
Government of Spain, which will assume the functions of Depositary.

5.     As from                     , this Protocol shall be open for accession by the
States referred to in paragraph 3 above, by the European Economic Community and
by any grouping referred to in that paragraph.

6.      This Protocol shall enter into force on the thirtieth (30) day following the deposit
of at least six (6) instruments of ratification, acceptance or approval of, or accession
to, the Protocol by the Parties reiened to in paragraph 3 of this Article.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective"
Governments, have signed this Protocol.

Done at              on this       day of              in a single copy in the
Arabic, English, French, and Spanish languages, the four texts being equally
authoritative.

                                             3H
 ---pagebreak--- UNE?(OCA)/MED W3.7S/4

Appendix
page 12

                                      ANNEX      n

        CATEGORIES OP WASTES WHICH ARE HAZARDOUS WASTES

Waste Streams:

YO    All wastes containing or contaminated by radionuclides, the concentration or
      properties of which result from human activity

"Y1   Clinical wastes from medical care in hospitals, medical centres and clinics

Y2    Wastes from the production and preparation of pharmaceutical products

Y3    Waste pharmaceuticals, drugs and medicines

Y4    Wastes from the production, formulation' and use of biocides and
      phytopharmaceuticals-

Y5    Wastes from manufacturing, formulation and use of wood preserving chemicals

Y6    Wastes from the production, formulation and use of organic solvents

Y7    Wastes from heat treatment and tempering operations containing cyanides

Y8    Waste mineral oils unfit for their originally' intended use

Y9    Waste oils/water, hydrocarbons/water mixtures, emulsions

Y10   Waste substances and articles containing or contaminated with polychlorinated
      biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or
      polybrominated biphenyls (PBBs)

Y11   Waste tarry residues arising from refining, distillation and any pyrolytic treatment

Y12   Wastes from production, formulation and use of inks, dyes, pigments, paints,
      lacquers, varnish

Y13   Wastes from production, formulation and use of resins, latex, plasticizers,
      glues/adhesives

      Reservation by the European Economic Community
      Reservation by France
      Reservation by Spain

                                         %s
 ---pagebreak---                                                           UNEP(OCA)/MED WG.79/4

                                                                        Appendix
                                                                         page 13

Y14   Waste chemical substances arising from research and development or teaching
      activities which are not identified and/or are new and whose effects on man
      and/or the environment are not known

Y15   Wastes of an explosive nature not subject to other legislation

Y16   Wastes from production, formulation and use of photographic chemicals and
      processing materials

Y17   Wastes resulting from surface treatment of metals and plastics

Y18   Residues arising from industrial waste disposal operations

Y46   Wastes collected from households, including sewage and sewage sludges

Y47   Residues arising from the incineration of household wastes
                                                      J
           —

Wastes having as constituents:

Y19   Metal carbonyls

Y20   Beryllium; beryllium compounds                                     A

Y21   Hexavalent chromium compounds

Y22   Copper compounds

Y23   Zinc compounds

Y24   Arsenic; arsenic compounds

Y25   Selenium; selenium compounds

Y26   Cadmium; cadmium compounds .

Y27   Antimony; antimony compounds

Y28   Tellurium; tellurium compounds

Y29   Mercury; mercury compounds

Y30   Thallium; thallium compounds

Y31   Lead; lead compounds

Y32   Inorganic fluorine compounds exduding caldum fluoride
 ---pagebreak--- UNE?(OCA)/MED WG.7S/4

Appendix
page 14

Y33   Inorganic cyanides
           »

Y34   Acidic solutions or acids in solid form

Y35   Basic solutions, or bases in solid form

Y36   Asbestos (dust and fibres)

Y37   Organic phcspnorus compounds

Y38   Organic cyanic es

Y39   Phenols; phenolic compounds including chlorophenols

Y40   Ethers

Y41   Halccenated organic solvents

Y42   Organicsolvents excluding halogenated solvents

Y43   Any congener of polychlorinated dibenzo-furan

Y44   Any congener of polychlorinated dibenzo-p-dioxin

Y45   Organohalogen compounds other than substances referred to in thfe Annex
      (e.g. Y39, Y41, Y42.Y43, Y44).

                                           33
 ---pagebreak---                                                       UNEP(OCA)/MED WG.79/4

                                                                          Appendix
                                                                           page 15

                                    ANNEX II

                 LIST OF HAZARDOUS CHARACTERISTICS

UN     Code       Characteristics
Class*

1     H1          Explosive

                  An explosive substance or waste is a solid or liquid substance or
                  waste (or mixture of substances or wastes) which is in itself
                  capable by chemical reaction of producing gas at such a
                  temperature and pressure and at such a speed as to cause
                  damage to the surroundings.

      H3          Flammable liquids

                 The word "flammable" has the same meaning as "inflammable V
                 Flammable liquids are liquids, or mixtures of liquids, or liquids
                 containing solids in solution or suspension (for example paints,
                 varnishes, lacquers, etc., but not including substances or wastes
                 otherwise classified on account of their dangerous characteristics)
                 which give off a flammable vapour at temperatures of not more
                 than 60.5 degrees C, closed-cup test, or not more than 65.6
                 degrees C, open-cup test. (Since the results of open-cup tests
                 and of closed-cup tests are not strictly comparable and even
                 individual results by the same test are often variable, regulations
                 varying from the above figures to make allowance for such
                 difference would be within the spirit of this definition.)

4.1 * H4.1        Flammable solids

                 Solids, or waste solids, other than those classed as explosives,
                 which under conditions encountered in transport are readily
                 combustible, or may cause or contribute to fire through friction.

4.2   H4.2        Substances or wastes liable to spontaneous combustion

                  Substances or wastes which are liable to spontaneous heating
                  under normal conditions encountered in transport, or in heating
                  up on contact with air, and being liable to catch fire.

      Corresponds to the hazardous dassification system înduded in the United
      Nations Recommendations on the Transport of Dangerous Goods
      (ST/SG/AC.10/1/Rev.5, United Nations, New York, 1988)
 ---pagebreak--- UNEP(OCA)/MED W2.79/4

Appendix
page 16

4.3 " "H4.3   S jbstances or wastes which, in contact with water emit flammable
              cases

              S jbstances or wastes which, by interaction with water, are liable
              to become spontaneously flammable or to give off flammable
              cases in dangerous quantities.

5.1   H5.1    Cxidizing

              S jbstances or wastes which, while in themselves not necessarily
              combustible, may generally by yielding oxygen,, cause or
              contribute to the combustion of other materials.

5.2   H5.2    Organic peroxides

              Organic substances cr wastes which contain the bivalent-O-O-
              structure are thermally unstable substances which may undergo
              exothermic self-accelerating decomposition.-

6.1   H6.1    Poisonous (Acute)

              Substances or wastes liable either to cause death or serious
              injury or to harm human health if swallowed or Inhaled or by skin
              contact.                                                .

6.2   H6.2    Infectious substances

              Substances or wastes containing viable microorganisms or their
              toxins which are known or suspected to cause disease in animals
              or humans.

8     H8      Corrosives

              Substances or wastes which, by chemical action, will cause
              severe damage when in contact with living tissue, or in the case
              of leakage, will materially damage, or even destroy, other goods
              or the means of transport; they may also cause other hazards.

9     H10     Liberation of toxic gases in contact with air or water

              Substances or wastes which, by interaction with air or water, are
              liable to give off toxic gases in dangerous quantities.

9     H11     Toxic (Delayed or chronic)

              Substances or wastes which, if they are inhaled or ingested or if
              they penetrate the skin, may involve delayed or chronic effects,
              induding carcinogenicity.

                                   3^
 ---pagebreak---                                                UNEP(OCA)/MED WG.79/4

                                                                  Appendix
                                                                   page 17

9   H12   Ecotoxic

          Substances or wastes which if released present cr may present
          immediate or delayed adverse impacts on the environment by
          means of bioaccumulation and/or toxic effects upon biotic
          systems.

9   H13   Capable, by any means, after disposal, of yielding another
          material, e.g. leachate, which possesses any of the characteristics
          listed above.

                                      Mo
 ---pagebreak--- UNE?fQCA)/MED WG.79/4

Apper.eUy
pace 18

                                       ANNEX III

                              DISPOSAL OPERATIONS

      The list of disposal operations contained in this Annex reflects those which
occur or have occurred in practice. It does not necessarily reflec a list of acceptable
disposal operations. Pursuant to Artides 4 and 5 of this ProtoccL hazardous wastes
must in any event be managed in an environmentally sound manner.

A.    Operations which do not lead to the possibility of resource recovery,
      recycling, reclamation, direct reuse or alternative uses.

      Section Â encompasses all such disposal operations whicr occur in practice.

D1    Deposit into or onto land (e.g. landfill^ etc.)   ,

D2    Land treatment (e„g. biodégradation of liquid or sludgy discards In soils, etc.)

D3    Deep injection (e.g. injection of pumpable discards into wells, salt domes or
      naturally occurring repositories, etc.)

D4    Surface impoundment (e.g. placement of liquid or sludge discards Into pits,
      ponds, lagoons, etc.)

D5    Specially engineered landfill (e.g. placement into lined discrete cells which are
      capped and isolated from one another and the environment, etc.)

D6    Release into a water body except seas/oceans

D7    Release into seas/oceans including sea-bed insertion

D8    Biological {peatment not specified elsewhere in this Annex which results in final
      compounds or mixtures which are discarded by means of any of the operations
      in Section A

D9    Physico-chemical treatment not specified elsewhere in this Annex which results
      in final compounds or mixtures which are discarded by means of any of the
      operations in Section A (e.g. evaporation, drying, calcination, neutralization,
      precipitation, etc.)

D10   Indneration on land

D11   Incineration at sea

D12   Permanent storage (e.g. emplacement of containers.in mines, etc.)
 ---pagebreak---                                                          UNEP(OCA)/MED WG.79/4

                                                                           Appendix
                                                                            page 1S

D13   Blending or mixing prior to submission to any of the operations in Section A

D14   Repackaging prior to submission to any of the operations in Section A

D15   Storage pending any of the operations in Section A

B.    Operations which may lead to resource recovery, recycling, reclamation,
      direct reuse or alternative uses.

      Section B encompasses all such operations with respect to materials legally
      defined as or considered to be hazardous wastes and which otherwise would
      have been destined for operations included in Section A.

R1    Use as a fuel (other than in direct incineration) or other means to generate
      energy

R2    Solvent reclamation/regeneration

R3    Recycling/reclamation of organic substances which are not used as solvents

R4    Recycling/reclamation of metals and metal compounds

R5    Recycling/reclamation of other inorganic materials

R6    Regeneration of acids or bases

R7    Recovery of components used for pollution abatement           ,

R8    Recovery of componentsfromcatalysts

R9    Used oil re-refining or other reuses of previously used oil

R10   Land treatment resulting in benefit to agriculture or ecological improvement

R11   Uses of residual materials obtained from any of the operations numbered R1-
      R10

R12   Exchange of wastes for submission to any of the operations numbered R1-R11

R13   Accumulation of material intended for any operation in Section B

                               HZ
 ---pagebreak--- UNEP(OCA)/MED WS.7S/4

Appendix
page 20

                                  ANNEX IV (A)

             INFORMATION TO BE PROVIDED ON NOTIFICATION

1.    Reason for waste export;

2.    Exporter of the waste 1J;

3.    Generator(s) of the waste and site of generation!/;

4.    Importer and disposer of the waste and actual site of disposal ! / ;

5.    Intended carrier(s) of the waste or their agents, if known ±J;

6.    Country of export of the waste
      Competent authority 2/;

7.    Expected countries of transit
      Competent authority 2/;

8.    Country of import of the waste
      Competent authority 2/;                         . '     ..'

9.    Projected date{s) of shipment(s) and period of time over which waste is to be
      exported and proposed itinerary (including point of entry and exit) 3 / ;

10.   Means of transport envisaged (road, rail, sea, air, inland waters);

11.   Information relating to insurance 4/;

12.   Designation and physical description of the waste induding Y number and UN
      number and its composition 5 / and information on any spedal handling
      requirements including emergency provisions in case of accidents;

13.   Type of packaging envisaged (e.g. bulk, drums, tanker);

14.   Estimated quantity in weight/volume 6/;

15.   Process by which the waste is generated 7 / ;

16.   Code according to ANNEX I, dass'ifications according to ANNEX II, H number,
      and UN dass;

17.   Method of disposal as per ANNEX III;
 ---pagebreak---                                                         UNEP(OCA)/MED WG.79/4

                                                                           Appendix
                                                                            page 21

18.   Declaration by the generator and exporter that the information is correct;

19.   Information transmitted (including technical description of the plant) to the
      exporter or generator from the disposer of the waste upon which the latter has
      based his assessment that there is no reason to believe that the waste will not
      be managed in an environmentally sound manner in accordance with the laws
      and regulations of the country of import;

20.   Information concerning the contract between the exporter and the disposer.

                                      NOTES

      The Organization should make use of a Notification Form and accompanying
documents such as those developed within theframeworkof the Basel Convention,
the OECD and the European Economic Community. J

XI    Full name and address, telephone, telex or telefax number and the name,
      address, telephone, telex or telefax number of the person to be contacted.

2/    Full name and address, telephone, telex or telefax number.

3/    In the case of a general notification covering several shipments, either the
      expected dates of each shipment or, if this is not known, the expected
      frequency of the shipments will be required.

4/    Information to be provided on relevant insurance requirements and how they
      are met by exporter, carrier and disposer.

5/    The nature and the concentration of the most hazardous components, in terms
      of toxicity and other dangers presented by the waste both in handling and in
      relation to the proposed disposal method.

6/    In the case of a general notification covering several shipments, both the
      estimated total quantity and the estimated quantities for each individual
      shipment will be required.

7/    Insofar as this is necessary to assess the hazard and determine the
      appropriateness of the proposed disposal operation.

                                    1H
 ---pagebreak--- UNEP(OCA), MED WG.7S/4

Appendix
cage 22

                                    ANNEX IV (B)

      INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT

1.    Experter of the waste 1 / ;

2.    Generators) di the waste and site of generation 1 / ;

3.    Disposer of tre waste and actual sits of disposal 1 / ;

4.    Carrier (s) of r.e waste!/ cr his agent(s);

5.    The date the transboundary movement started and date(s) and signature on
      receipt by eacn person whe takes charge of the waste;

6.    Means of transport (road, rail, inland waterway, sea, air) including countries of
      export, transi: and import, also point of entry and exit where these have been
      designated;                                               -

7.    General description of the waste (physical state, proper UN shipping name and
      class, UN number, Y number and H number as applicable);

8.    Information on special handling requirements including emergency provision in
      case cf accidents;

9.    Type and number of packages;

10.   Quantity in weight/volume;

11.   Declaration by the generator or exporter that the information is correct;

12.   Dedaration by the generator or exporter indicating no objection from the
      competent authorities of all States concerned which are Parties;

13.   Certification by disposer of receipt at designated disposal facility and indication
      of method of disposal and of the approximate date of disposal.

14.   The insurance documents, bond or other guarantee as may be required by the
      Parties, as provided in Article 5, paragraph 4.

                                       NOTES

     The Organization should make use of a Movement Document and
accompanying documents such as those developed within the framework of the Basel
Convention, the OECD and the European Economic Community.
 ---pagebreak---                                                          UNEP(OCA)/MED WG.79/4

                                                                            Appendix
                                                                             page 23

       The information required on the Movement Document shall where possible be
integrated in one document with that required under (transport rules. Where this is not
possible, the information should complement rather than duplicate that required under
the transport rules. The Movement Document shall carry instructions as to who is to
provide information andfillout any form.

H      Full name and address, telephone, telex or telefax number and the name,
       address, telephone, telex or telefax number of the person to be contacted in
       case of emergency.

                                           .4 c
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