See the ENTRI query system for information about the status of this treaty.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
C
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Par
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the impl
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Part
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
A
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Mediterranean Sea against Pollution" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coa
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held 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
Article 14 of the Convention.
2. It shall be the function of the meetings of the Parties to this
Protocol:
(a) to keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes:
(b) to study and consider the records of the permits issued in
accordance with Articles 5, 6 and 7 and of the dumping which has taken
place.
(c) to review and amend as required any Annex to this Protocol;
(d) to discharge such other functions as may be appropriate for the
implementation of this Protocol.
3. The adoption of amendments to the Annexes to this Protocol pursuant to
Article 17 of the Convention shall require a three-fourths majority vote
of the Parties.
Article 15
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have sig
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held 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
Article 14 of the Convention.
2. It shall be the function of the meetings of the Parties to this
Protocol:
(a) to keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes:
(b) to study and consider the records of the permits issued in
accordance with Articles 5, 6 and 7 and of the dumping which has taken
place.
(c) to review and amend as required any Annex to this Protocol;
(d) to discharge such other functions as may be appropriate for the
implementation of this Protocol.
3. The adoption of amendments to the Annexes to this Protocol pursuant to
Article 17 of the Convention shall require a three-fourths majority vote
of the Parties.
Article 15
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
A. The following substances and materials are listed for the purpose of
Article 4 of the Protocol.
1. Organohalogen compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
2. Organosilicon compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
3. Mercury and mercury compounds.
4. Cadmium and cadmium compounds.
5. Persistent plastic and other persistent synthetic materials which may
materially interfere with fishing or navigation, reduce amenities, or
interfere with other legitimate uses of the sea.
6. Crude oil and hydrocarbons which may be derived from petroleum, and
any mixtures containing any of these, taken on board for the purpose of
dumping.
7. High-, medium- and low-level radioactive wastes or other high-,
medium- and low-level radioactive matter to be defined by the
International Atomic Energy Agency.
8. Acid and alkaline compounds of such composition and in such quantity
that they may seriously impair the quality of sea water. The composition
and quantity to be taken into consideration shall be determined by the
Parties in accordance with the procedure laid down in Article 14 (3) of
this Protocol.
9. Materials in whatever form (e.g. solids, liquids, semi-liquids, gases,
or in a living state) produced for biological and chemical warfare, other
than those rapidly rendered harmless by physical, chemical or biological
processes in the sea, provided that they do not:
(i) make edible marine organisms unpalatable; or
(ii) endanger human or animal health.
B. This Annex does not apply to wastes or other materials, such as sewage
sludge and dredge spoils, containing the substances referred to in
paragraphs 1 to 6 above as trace contaminants. The dumping of such wastes
shall be subject to the provisions of Annexes II and III as appropriate.
ANNEX II
The following wastes and other matter, the dumping of which requires
special care, are listed for the purposes of Article 5.
1. (i) arsenic, lead, copper, zinc, beryllium, chromium, nickel,
vanadium, selenium, antimony and their compounds;
(ii) cyanides and fluorides;
(iii) pesticides and their by-products not covered in Annex I
(iv) synthetic organic chemicals, other than those referred to in Annex
I, likely to produce harmful effects on marine organisms or to make
edible marine organisms unpalatable;
2. (i) acid and alkaline compounds the composition and quantity of which
have not yet been determined in accordance with the procedure referred to
in Annex I A (8):
(ii) acid and alkaline compounds not covered by Annex I, excluding
compounds to be dumped in quantities below thresholds which shall be
determined by the Parties in accordance with the procedure laid down in
Article 14 (3) of this Protocol.
3. Containers, scrap metal and other bulky wastes liable to sink to the
sea bottom which may present a serious obstacle to fishing or navigation.
4. Substances which, though of a non-toxic nature may become harmful
owing to the quantities in which they are dumped, or which are liable to
reduce amenities seriously or to endanger human life or marine organisms
or to interfere with navigation.
5. Radioactive waste or other radioactive matter which will not be
included in Annex I. In the issue of permits for the dumping of this
matter, the Parties should take full account of the recommendations of
the competent international body in this field, at present the
International
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held 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
Article 14 of the Convention.
2. It shall be the function of the meetings of the Parties to this
Protocol:
(a) to keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes:
(b) to study and consider the records of the permits issued in
accordance with Articles 5, 6 and 7 and of the dumping which has taken
place.
(c) to review and amend as required any Annex to this Protocol;
(d) to discharge such other functions as may be appropriate for the
implementation of this Protocol.
3. The adoption of amendments to the Annexes to this Protocol pursuant to
Article 17 of the Convention shall require a three-fourths majority vote
of the Parties.
Article 15
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
A. The following substances and materials are listed for the purpose of
Article 4 of the Protocol.
1. Organohalogen compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
2. Organosilicon compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
3. Mercury and mercury compounds.
4. Cadmium and cadmium compounds.
5. Persistent plastic and other persistent synthetic materials which may
materially interfere with fishing or navigation, reduce amenities, or
interfere with other legitimate uses of the sea.
6. Crude oil and hydrocarbons which may be derived from petroleum, and
any mixtures containing any of these, taken on board for the purpose of
dumping.
7. High-, medium- and low-level radioactive wastes or other high-,
medium- and low-level radioactive matter to be defined by the
International Atomic Energy Agency.
8. Acid and alkaline compounds of such composition and in such quantity
that they may seriously impair the quality of sea water. The composition
and quantity to be taken into consideration shall be determined by the
Parties in accordance with the procedure laid down in Article 14 (3) of
this Protocol.
9. Materials in whatever form (e.g. solids, liquids, semi-liquids, gases,
or in a living state) produced for biological and chemical warfare, other
than those rapidly rendered harmless by physical, chemical or biological
processes in the sea, provided that they do not:
(i) make edible marine organisms unpalatable; or
(ii) endanger human or animal health.
B. This Annex does not apply to wastes or other materials, such as sewage
sludge and dredge spoils, containing the substances referred to in
paragraphs 1 to 6 above as trace contaminants. The dumping of such wastes
shall be subject to the provisions of Annexes II and III as appropriate.
ANNEX II
The following wastes and other matter, the dumping of which requires
special care, are listed for the purposes of Article 5.
1. (i) arsenic, lead, copper, zinc, beryllium, chromium, nickel,
vanadium, selenium, antimony and their compounds;
(ii) cyanides and fluorides;
(iii) pesticides and their by-products not covered in Annex I
(iv) synthetic organic chemicals, other than those referred to in Annex
I, likely to produce harmful effects on marine organisms or to make
edible marine organisms unpalatable;
2. (i) acid and alkaline compounds the composition and quantity of which
have not yet been determined in accordance with the procedure referred to
in Annex I A (8):
(ii) acid and alkaline compounds not covered by Annex I, excluding
compounds to be dumped in quantities below thresholds which shall be
determined by the Parties in accordance with the procedure laid down in
Article 14 (3) of this Protocol.
3. Containers, scrap metal and other bulky wastes liable to sink to the
sea bottom which may present a serious obstacle to fishing or navigation.
4. Substances which, though of a non-toxic nature may become harmful
owing to the quantities in which they are dumped, or which are liable to
reduce amenities seriously or to endanger human life or marine organisms
or to interfere with navigation.
5. Radioactive waste or other radioactive matter which will not be
included in Annex I. In the issue of permits for the dumping of this
matter, the Parties should take full account of the recommendations of
the competent international body in this field, at present the
International Atomic Energy Agency.
ANNEX III
The factors to be considered in establishing criteria governing the issue
of permits for the dumping of matter at sea taking into account Article 7
include:
A. Characteristics and composition of the matter
1. Total amount and average compositions of matter dumped (e.g. per
year).
2. Form (e.g. solid, liquid or gaseous).
3. Properties: physical (e.g solubility and density), chemical and
biochemical (e.g. oxygen demand, nutrients) and biological.(e.g. presence
of viruses, bacteria, yeasts, parasites).
4. Toxicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and biotransformation in biological materials or
sediments.
7. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other dissolved organic and
inorganic materials.
8. Probability of production of taints or other changes reducing
marketability of resources (fish, shellfish, etc.).
B. Characteristics of dumping site and method of deposit
1. Location (e.g. coordinates of the dumping area depth and distance from
the coast), location in relation to other areas (e.g. amenity areas,
spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal per specific period (e.g. quantity per day, per week,
per month).
3. Methods of packaging and containment, if any.
4. Initial dilution achieved by proposed method of release, particularly
the speed of the ship.
5 . Dispersal characteristics (e.g. effects of currents tides and wind on
horizontal transport and vertical mixing).
6. Water characteristics (e.g. temperature, pH, salinity, stratification,
oxygen indices of pollution -- dissolved oxygen (DO), chemical oxygen
demand (COD), biochemical oxygen demand (BOD), nitrogen present in
organic and mineral form, including ammonia, suspended matter, other
nutrients and productivity).
7. Bottom characteristics (e.g. topography, geochemical and geological
characteristics and biological productivity).
8. Existence and effects of other dumpings which have been made in the
dumping area (e.g. heavy metal background reading and organic carbon
content).
9. When issuing a permit for dumping, the Contracting Parties shall
endeavour to determine whether an adequate scientific basis exists for
assessing the consequences of such dumping in the area concerned, in
accordance with the foregoing provisions and taking into account seasonal
variations.
C. General considerations and conditions
1. Possible effects on amenities (e.g. presence of floating or stranded
material, turbidity objectionable odour, discoloration and foaming).
2. Possible effects on marine life, fish and shellfish culture, fish
stocks and fisheries, seaweed harvesting and culture.
3. Possible effects on other uses of the sea (e.g. impairment of water
quality for industrial use, underwater corrosion of structures,
interference with ship operations from floating materials, interference
with fishing or navigation through deposit of waste or solid objects on
the sea floor and protection of areas of special importance for
scientific or conservation purposes).
4. The practical availability of alternative land-based methods of
treatment, disposal or elimination or of treatment to render the matter
less harmful for sea dumping.
PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION
OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES
IN CASES OF EMERGENCY
Barcelona, 2 February 1976
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea against Pollution,
Recognizing that grave pollution of the sea by oil and other harmful
substances in the Mediterranean Sea Area involves a danger for the
coastal States and the marine eco-system,
Considering that the co-operation of all the coastal States of the
Mediterranean is called for to combat this pollution,
Bearing in mind the International Convention for the Prevention of
Pollution fro
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held 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
Article 14 of the Convention.
2. It shall be the function of the meetings of the Parties to this
Protocol:
(a) to keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes:
(b) to study and consider the records of the permits issued in
accordance with Articles 5, 6 and 7 and of the dumping which has taken
place.
(c) to review and amend as required any Annex to this Protocol;
(d) to discharge such other functions as may be appropriate for the
implementation of this Protocol.
3. The adoption of amendments to the Annexes to this Protocol pursuant to
Article 17 of the Convention shall require a three-fourths majority vote
of the Parties.
Article 15
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
A. The following substances and materials are listed for the purpose of
Article 4 of the Protocol.
1. Organohalogen compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
2. Organosilicon compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
3. Mercury and mercury compounds.
4. Cadmium and cadmium compounds.
5. Persistent plastic and other persistent synthetic materials which may
materially interfere with fishing or navigation, reduce amenities, or
interfere with other legitimate uses of the sea.
6. Crude oil and hydrocarbons which may be derived from petroleum, and
any mixtures containing any of these, taken on board for the purpose of
dumping.
7. High-, medium- and low-level radioactive wastes or other high-,
medium- and low-level radioactive matter to be defined by the
International Atomic Energy Agency.
8. Acid and alkaline compounds of such composition and in such quantity
that they may seriously impair the quality of sea water. The composition
and quantity to be taken into consideration shall be determined by the
Parties in accordance with the procedure laid down in Article 14 (3) of
this Protocol.
9. Materials in whatever form (e.g. solids, liquids, semi-liquids, gases,
or in a living state) produced for biological and chemical warfare, other
than those rapidly rendered harmless by physical, chemical or biological
processes in the sea, provided that they do not:
(i) make edible marine organisms unpalatable; or
(ii) endanger human or animal health.
B. This Annex does not apply to wastes or other materials, such as sewage
sludge and dredge spoils, containing the substances referred to in
paragraphs 1 to 6 above as trace contaminants. The dumping of such wastes
shall be subject to the provisions of Annexes II and III as appropriate.
ANNEX II
The following wastes and other matter, the dumping of which requires
special care, are listed for the purposes of Article 5.
1. (i) arsenic, lead, copper, zinc, beryllium, chromium, nickel,
vanadium, selenium, antimony and their compounds;
(ii) cyanides and fluorides;
(iii) pesticides and their by-products not covered in Annex I
(iv) synthetic organic chemicals, other than those referred to in Annex
I, likely to produce harmful effects on marine organisms or to make
edible marine organisms unpalatable;
2. (i) acid and alkaline compounds the composition and quantity of which
have not yet been determined in accordance with the procedure referred to
in Annex I A (8):
(ii) acid and alkaline compounds not covered by Annex I, excluding
compounds to be dumped in quantities below thresholds which shall be
determined by the Parties in accordance with the procedure laid down in
Article 14 (3) of this Protocol.
3. Containers, scrap metal and other bulky wastes liable to sink to the
sea bottom which may present a serious obstacle to fishing or navigation.
4. Substances which, though of a non-toxic nature may become harmful
owing to the quantities in which they are dumped, or which are liable to
reduce amenities seriously or to endanger human life or marine organisms
or to interfere with navigation.
5. Radioactive waste or other radioactive matter which will not be
included in Annex I. In the issue of permits for the dumping of this
matter, the Parties should take full account of the recommendations of
the competent international body in this field, at present the
International Atomic Energy Agency.
ANNEX III
The factors to be considered in establishing criteria governing the issue
of permits for the dumping of matter at sea taking into account Article 7
include:
A. Characteristics and composition of the matter
1. Total amount and average compositions of matter dumped (e.g. per
year).
2. Form (e.g. solid, liquid or gaseous).
3. Properties: physical (e.g solubility and density), chemical and
biochemical (e.g. oxygen demand, nutrients) and biological.(e.g. presence
of viruses, bacteria, yeasts, parasites).
4. Toxicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and biotransformation in biological materials or
sediments.
7. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other dissolved organic and
inorganic materials.
8. Probability of production of taints or other changes reducing
marketability of resources (fish, shellfish, etc.).
B. Characteristics of dumping site and method of deposit
1. Location (e.g. coordinates of the dumping area depth and distance from
the coast), location in relation to other areas (e.g. amenity areas,
spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal per specific period (e.g. quantity per day, per week,
per month).
3. Methods of packaging and containment, if any.
4. Initial dilution achieved by proposed method of release, particularly
the speed of the ship.
5 . Dispersal characteristics (e.g. effects of currents tides and wind on
horizontal transport and vertical mixing).
6. Water characteristics (e.g. temperature, pH, salinity, stratification,
oxygen indices of pollution -- dissolved oxygen (DO), chemical oxygen
demand (COD), biochemical oxygen demand (BOD), nitrogen present in
organic and mineral form, including ammonia, suspended matter, other
nutrients and productivity).
7. Bottom characteristics (e.g. topography, geochemical and geological
characteristics and biological productivity).
8. Existence and effects of other dumpings which have been made in the
dumping area (e.g. heavy metal background reading and organic carbon
content).
9. When issuing a permit for dumping, the Contracting Parties shall
endeavour to determine whether an adequate scientific basis exists for
assessing the consequences of such dumping in the area concerned, in
accordance with the foregoing provisions and taking into account seasonal
variations.
C. General considerations and conditions
1. Possible effects on amenities (e.g. presence of floating or stranded
material, turbidity objectionable odour, discoloration and foaming).
2. Possible effects on marine life, fish and shellfish culture, fish
stocks and fisheries, seaweed harvesting and culture.
3. Possible effects on other uses of the sea (e.g. impairment of water
quality for industrial use, underwater corrosion of structures,
interference with ship operations from floating materials, interference
with fishing or navigation through deposit of waste or solid objects on
the sea floor and protection of areas of special importance for
scientific or conservation purposes).
4. The practical availability of alternative land-based methods of
treatment, disposal or elimination or of treatment to render the matter
less harmful for sea dumping.
PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION
OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES
IN CASES OF EMERGENCY
Barcelona, 2 February 1976
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea against Pollution,
Recognizing that grave pollution of the sea by oil and other harmful
substances in the Mediterranean Sea Area involves a danger for the
coastal States and the marine eco-system,
Considering that the co-operation of all the coastal States of the
Mediterranean is called for to combat this pollution,
Bearing in mind the International Convention for the Prevention of
Pollution from Ships, 1973, the International Convention relating to
Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969,
as well as the Protocol relating to Intervention on the High Seas in
Cases of Marine Pollution by Substances Other than Oil 1973,
Further taking into account the International Convention on Civil
Liability for Oil Pollution Damage, 1969 --
Have agreed as follows:
Article 1
The Contracting Parties to this Protocol (hereinafter referred to as "the
Parties") shall co-operate in taking the necessary measures in cases of
grave and imminent danger to the marine environment, the coast or related
interests of one or more of the Parties due to the presence of massive
quantities of oil or other harmful substances resulting from accidental
causes or an accumulation of small discharges which are polluting or
threatening to pollute the sea within the area defined in Article I of
the Convention for the Protection of the Mediterranean Sea against
Pollution, (hereinafter referred to as "the Convention").
Article 2
For the purpose of this Protocol, the term "related interests" means the
interests of a costal State directly affected or threatened and
concerning, among others:
(a) activities in coastal waters, in ports or estuaries, including
fishing activities;
(b) the historical and tourist appeal to the area in question,
including water sports and recreation;
(c) the health of the coastal population;
(d) the preservation of living resources.
Article 3
The Parties shall endeavour to maintain and promote, either individually
or through bilateral or multilateral co-operation, their contingency
plans and means for combating pollution of the sea by oil and other
harmful substances. These means shall include, in particular, equipment,
ships, aircraft and manpower prepared for operations in cases of
emergency.
Article 4
The Parties shall develop and apply, either individually or through
bilateral or multilateral cooperation, monitoring activities covering the
Mediterranean Sea Area in order to have as precise information as
possible on the situations referred to in article I of this Protocol.
Article 5
In case of release or loss overboard of harmful substances in packages,
freight containers, portable tanks or road and rail tank wagons, the
Parties shall co-operate as far as practicable in the salvage and
recovery of such substances so as to reduce the danger of pollution of
the marine environment.
Article 6
1. Each Party undertakes to disseminate to the other Parties information
concerning:
(a) The competent national organization or authorities responsible for
combating pollution of the sea by oil and other harmful substances;
(b) The competent national authorities responsible for receiving
reports of pollution of the sea by oil and other harmful substances and
for dealing with matters concerning measures of assistance between
Parties;
(c) New ways in which pollution of the sea by oil and other harmful
substances may be avoided, new measures of combating pollution and the
development of related research programmes.
2. Parties which have agreed to exchange information directly between
themselves shall nevertheless communicate such information to the
regional centre. The latter shall communicate this information to the
other Parties and, on a basis of reciprocity, to coastal States of the
Mediterranean Sea Area which are not Parties to this Protocol.
Article 7
The Parties undertake to co-ordinate the utilization of the means of
communication at their disposal in order to ensure, with the necessary
speed and reliability, the reception, transmission and dissemination of
all reports and urgent information which relate to the occurrences and
situations referred to in article I. The regional centre shall have the
necessary means of communication to enable it to participate in
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held 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
Article 14 of the Convention.
2. It shall be the function of the meetings of the Parties to this
Protocol:
(a) to keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes:
(b) to study and consider the records of the permits issued in
accordance with Articles 5, 6 and 7 and of the dumping which has taken
place.
(c) to review and amend as required any Annex to this Protocol;
(d) to discharge such other functions as may be appropriate for the
implementation of this Protocol.
3. The adoption of amendments to the Annexes to this Protocol pursuant to
Article 17 of the Convention shall require a three-fourths majority vote
of the Parties.
Article 15
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
A. The following substances and materials are listed for the purpose of
Article 4 of the Protocol.
1. Organohalogen compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
2. Organosilicon compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
3. Mercury and mercury compounds.
4. Cadmium and cadmium compounds.
5. Persistent plastic and other persistent synthetic materials which may
materially interfere with fishing or navigation, reduce amenities, or
interfere with other legitimate uses of the sea.
6. Crude oil and hydrocarbons which may be derived from petroleum, and
any mixtures containing any of these, taken on board for the purpose of
dumping.
7. High-, medium- and low-level radioactive wastes or other high-,
medium- and low-level radioactive matter to be defined by the
International Atomic Energy Agency.
8. Acid and alkaline compounds of such composition and in such quantity
that they may seriously impair the quality of sea water. The composition
and quantity to be taken into consideration shall be determined by the
Parties in accordance with the procedure laid down in Article 14 (3) of
this Protocol.
9. Materials in whatever form (e.g. solids, liquids, semi-liquids, gases,
or in a living state) produced for biological and chemical warfare, other
than those rapidly rendered harmless by physical, chemical or biological
processes in the sea, provided that they do not:
(i) make edible marine organisms unpalatable; or
(ii) endanger human or animal health.
B. This Annex does not apply to wastes or other materials, such as sewage
sludge and dredge spoils, containing the substances referred to in
paragraphs 1 to 6 above as trace contaminants. The dumping of such wastes
shall be subject to the provisions of Annexes II and III as appropriate.
ANNEX II
The following wastes and other matter, the dumping of which requires
special care, are listed for the purposes of Article 5.
1. (i) arsenic, lead, copper, zinc, beryllium, chromium, nickel,
vanadium, selenium, antimony and their compounds;
(ii) cyanides and fluorides;
(iii) pesticides and their by-products not covered in Annex I
(iv) synthetic organic chemicals, other than those referred to in Annex
I, likely to produce harmful effects on marine organisms or to make
edible marine organisms unpalatable;
2. (i) acid and alkaline compounds the composition and quantity of which
have not yet been determined in accordance with the procedure referred to
in Annex I A (8):
(ii) acid and alkaline compounds not covered by Annex I, excluding
compounds to be dumped in quantities below thresholds which shall be
determined by the Parties in accordance with the procedure laid down in
Article 14 (3) of this Protocol.
3. Containers, scrap metal and other bulky wastes liable to sink to the
sea bottom which may present a serious obstacle to fishing or navigation.
4. Substances which, though of a non-toxic nature may become harmful
owing to the quantities in which they are dumped, or which are liable to
reduce amenities seriously or to endanger human life or marine organisms
or to interfere with navigation.
5. Radioactive waste or other radioactive matter which will not be
included in Annex I. In the issue of permits for the dumping of this
matter, the Parties should take full account of the recommendations of
the competent international body in this field, at present the
International Atomic Energy Agency.
ANNEX III
The factors to be considered in establishing criteria governing the issue
of permits for the dumping of matter at sea taking into account Article 7
include:
A. Characteristics and composition of the matter
1. Total amount and average compositions of matter dumped (e.g. per
year).
2. Form (e.g. solid, liquid or gaseous).
3. Properties: physical (e.g solubility and density), chemical and
biochemical (e.g. oxygen demand, nutrients) and biological.(e.g. presence
of viruses, bacteria, yeasts, parasites).
4. Toxicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and biotransformation in biological materials or
sediments.
7. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other dissolved organic and
inorganic materials.
8. Probability of production of taints or other changes reducing
marketability of resources (fish, shellfish, etc.).
B. Characteristics of dumping site and method of deposit
1. Location (e.g. coordinates of the dumping area depth and distance from
the coast), location in relation to other areas (e.g. amenity areas,
spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal per specific period (e.g. quantity per day, per week,
per month).
3. Methods of packaging and containment, if any.
4. Initial dilution achieved by proposed method of release, particularly
the speed of the ship.
5 . Dispersal characteristics (e.g. effects of currents tides and wind on
horizontal transport and vertical mixing).
6. Water characteristics (e.g. temperature, pH, salinity, stratification,
oxygen indices of pollution -- dissolved oxygen (DO), chemical oxygen
demand (COD), biochemical oxygen demand (BOD), nitrogen present in
organic and mineral form, including ammonia, suspended matter, other
nutrients and productivity).
7. Bottom characteristics (e.g. topography, geochemical and geological
characteristics and biological productivity).
8. Existence and effects of other dumpings which have been made in the
dumping area (e.g. heavy metal background reading and organic carbon
content).
9. When issuing a permit for dumping, the Contracting Parties shall
endeavour to determine whether an adequate scientific basis exists for
assessing the consequences of such dumping in the area concerned, in
accordance with the foregoing provisions and taking into account seasonal
variations.
C. General considerations and conditions
1. Possible effects on amenities (e.g. presence of floating or stranded
material, turbidity objectionable odour, discoloration and foaming).
2. Possible effects on marine life, fish and shellfish culture, fish
stocks and fisheries, seaweed harvesting and culture.
3. Possible effects on other uses of the sea (e.g. impairment of water
quality for industrial use, underwater corrosion of structures,
interference with ship operations from floating materials, interference
with fishing or navigation through deposit of waste or solid objects on
the sea floor and protection of areas of special importance for
scientific or conservation purposes).
4. The practical availability of alternative land-based methods of
treatment, disposal or elimination or of treatment to render the matter
less harmful for sea dumping.
PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION
OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES
IN CASES OF EMERGENCY
Barcelona, 2 February 1976
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea against Pollution,
Recognizing that grave pollution of the sea by oil and other harmful
substances in the Mediterranean Sea Area involves a danger for the
coastal States and the marine eco-system,
Considering that the co-operation of all the coastal States of the
Mediterranean is called for to combat this pollution,
Bearing in mind the International Convention for the Prevention of
Pollution from Ships, 1973, the International Convention relating to
Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969,
as well as the Protocol relating to Intervention on the High Seas in
Cases of Marine Pollution by Substances Other than Oil 1973,
Further taking into account the International Convention on Civil
Liability for Oil Pollution Damage, 1969 --
Have agreed as follows:
Article 1
The Contracting Parties to this Protocol (hereinafter referred to as "the
Parties") shall co-operate in taking the necessary measures in cases of
grave and imminent danger to the marine environment, the coast or related
interests of one or more of the Parties due to the presence of massive
quantities of oil or other harmful substances resulting from accidental
causes or an accumulation of small discharges which are polluting or
threatening to pollute the sea within the area defined in Article I of
the Convention for the Protection of the Mediterranean Sea against
Pollution, (hereinafter referred to as "the Convention").
Article 2
For the purpose of this Protocol, the term "related interests" means the
interests of a costal State directly affected or threatened and
concerning, among others:
(a) activities in coastal waters, in ports or estuaries, including
fishing activities;
(b) the historical and tourist appeal to the area in question,
including water sports and recreation;
(c) the health of the coastal population;
(d) the preservation of living resources.
Article 3
The Parties shall endeavour to maintain and promote, either individually
or through bilateral or multilateral co-operation, their contingency
plans and means for combating pollution of the sea by oil and other
harmful substances. These means shall include, in particular, equipment,
ships, aircraft and manpower prepared for operations in cases of
emergency.
Article 4
The Parties shall develop and apply, either individually or through
bilateral or multilateral cooperation, monitoring activities covering the
Mediterranean Sea Area in order to have as precise information as
possible on the situations referred to in article I of this Protocol.
Article 5
In case of release or loss overboard of harmful substances in packages,
freight containers, portable tanks or road and rail tank wagons, the
Parties shall co-operate as far as practicable in the salvage and
recovery of such substances so as to reduce the danger of pollution of
the marine environment.
Article 6
1. Each Party undertakes to disseminate to the other Parties information
concerning:
(a) The competent national organization or authorities responsible for
combating pollution of the sea by oil and other harmful substances;
(b) The competent national authorities responsible for receiving
reports of pollution of the sea by oil and other harmful substances and
for dealing with matters concerning measures of assistance between
Parties;
(c) New ways in which pollution of the sea by oil and other harmful
substances may be avoided, new measures of combating pollution and the
development of related research programmes.
2. Parties which have agreed to exchange information directly between
themselves shall nevertheless communicate such information to the
regional centre. The latter shall communicate this information to the
other Parties and, on a basis of reciprocity, to coastal States of the
Mediterranean Sea Area which are not Parties to this Protocol.
Article 7
The Parties undertake to co-ordinate the utilization of the means of
communication at their disposal in order to ensure, with the necessary
speed and reliability, the reception, transmission and dissemination of
all reports and urgent information which relate to the occurrences and
situations referred to in article I. The regional centre shall have the
necessary means of communication to enable it to participate in this
co-ordinated effort and, in particular, to fulfill the functions assigned
to it by paragraph 2 of article 10.
Article 8
1. Each Party shall issue instructions to the masters of ships flying its
flag and to the pilots of aircraft registered in its territory requiring
them to report by the most rapid and adequate channels in the
circumstances, and in accordance with Annex I to this Protocol, either to
a Party or to the regional centre:
(a) All accidents causing or likely to cause pollution of the sea by
oil or other harmful substances;
(b) The presence, characteristics and extent of spillages, of oil or
other harmful substances observed at sea which are likely to present a
serious and imminent threat to the marine environment or to the coast or
related interests of one or more of the Parties.
2. The information collected in accordance with paragraph 1 shall be
communicated to the other Parties likely to be affected by the pollution;
(a) by the Party which has received the information, either directly
or preferably, through the regional centre; or
(b) by the regional centre.
In case of direct communication between Parties, the regional centre
shall be informed of the measures.
3. In consequence of the application of the provisions of paragraph 2,
the Parties are not bound by the obligation laid down in article 9,
paragraph 2, of the Convention.
Article 9
1. Any Party faced with a situation of the kind defined in article 1 of
this Protocol shall:
(a) Make the necessary assessments of the nature and extent of the
casualty or emergency or, as the case may be, of the type and approximate
quantity of oil or other harmful substances and the direction and speed
of drift of the spillage;
(b) Take every practicable measure to avoid or reduce the effects of
pollution:
(c) Immediately inform all other Parties, either directly or through
the regional centre, of these assessments and of any action which it has
taken or which it intends to take to combat the pollution;
(d) Continue to observe the situation for as long as possible and
report thereon in accordance with article 8.
2. Where action is taken to combat pollution originating from a ship, all
possible measures shall be taken to safeguard the persons present on
board and, to the extent possible, the ship itself. Any Party which takes
such action shall inform the Inter-Governmental Maritime Consultative
Organization.
Article 10
1. Any Party requiring assistance for combating pollution by oil or other
harmful substa
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case, a prior
special permit from the competent national authorities.
Article 6
The dumping into the Mediterranean Sea of all other wastes or other
matter requires a prior general permit from the competent national
authorities.
Article 7
The permits referred to in Articles 5 and 6 above shall be issued only
after careful consideration of all the factors set forth in Annex III to
this Protocol. The Organization shall receive records of such permits.
Article 8
The provisions of Articles 4, 5 and 6 shall not apply in case of force
majeure due to stress of weather or any other cause when human life or
the safety of a ship or aircraft is threatened. Such dumpings shall
immediately be reported to the Organization and either through the
Organization or directly, to any Party or Parties likely to be affected,
together with full details of the circumstances and of the nature and
quantities of the wastes or other matter dumped.
Article 9
If a Party in a critical situation of an exceptional nature considers
that wastes or other matter listed in Annex I to this Protocol cannot be
disposed of on land without unacceptable danger or damage above all for
the safety of human life, the Party concerned shall forthwith consult the
Organization. The Organization, after consulting the Parties to this
Protocol, shall recommend methods of storage or the most satisfactory
means of destruction or disposal under the prevailing circumstances. The
Party shall inform the Organization of the steps adopted in pursuance of
these recommendations. The Parties pledge themselves to assist one
another in such situations.
Article 10
1. Each Party shall designate one or more competent authorities to:
(a) issue the special permits provided for in Article 5;
(b) issue the general permits provided for in Article 6;
(c) keep records of the nature and quantities of the wastes or
other matter permitted to be dumped and of the location, date
and method of dumping.
2. The competent authorities of each Party shall issue the permits
provided for in Articles 5 and 6 in respect of the wastes or other matter
intended for dumping:
(a) loaded in its territory;
(b) loaded by a ship or aircraft registered in its territory or
flying its flag, when the loading occurs in the territory of
a State not Party to this Protocol.
Article 11
1. Each Party shall apply the measures required to implement this
Protocol to all:
(a) ships and aircraft registered in its territory or flying its
flag;
(b) ships and aircraft loading in its territory wastes or other
matter which are to be dumped;
(c) ships and aircraft believed to be engaged in dumping in areas
under its jurisdiction in this matter.
2. This Protocol shall not apply to any ships or aircraft owned or
operated by a State Party to this Protocol and used for the time being
only on Government noncommercial service. However each Party shall ensure
by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships or aircraft owned or operated by
it, that such ships and aircraft act in a manner consistent, so far as is
reasonable and practicable, with this Protocol.
Article 12
Each Party undertakes to issue instructions to its maritime inspection
ships and aircraft and to other appropriate services to report to its
authorities any incidents or conditions in the Mediterranean Sea area
which give rise to suspicions that dumping in contravention of the
provisions of this Protocol has occurred or is about to occur. That Party
shall, if it considers it appropriate, report accordingly to any other
Party concerned.
Article 13
Nothing in this Protocol shall affect the right of each Party to adopt
other measures, in accordance with international law, to prevent
pollution due to dumping.
Article 14
1. Ordinary meetings of the Parties to this Protocol shall be held 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
Article 14 of the Convention.
2. It shall be the function of the meetings of the Parties to this
Protocol:
(a) to keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes:
(b) to study and consider the records of the permits issued in
accordance with Articles 5, 6 and 7 and of the dumping which has taken
place.
(c) to review and amend as required any Annex to this Protocol;
(d) to discharge such other functions as may be appropriate for the
implementation of this Protocol.
3. The adoption of amendments to the Annexes to this Protocol pursuant to
Article 17 of the Convention shall require a three-fourths majority vote
of the Parties.
Article 15
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
Article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
A. The following substances and materials are listed for the purpose of
Article 4 of the Protocol.
1. Organohalogen compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
2. Organosilicon compounds and compounds which may form such substances
in the marine environment, excluding those which are non-toxic or which
are rapidly converted in the sea into substances which are biologically
harmless, provided that they do not make edible marine organisms
unpalatable.
3. Mercury and mercury compounds.
4. Cadmium and cadmium compounds.
5. Persistent plastic and other persistent synthetic materials which may
materially interfere with fishing or navigation, reduce amenities, or
interfere with other legitimate uses of the sea.
6. Crude oil and hydrocarbons which may be derived from petroleum, and
any mixtures containing any of these, taken on board for the purpose of
dumping.
7. High-, medium- and low-level radioactive wastes or other high-,
medium- and low-level radioactive matter to be defined by the
International Atomic Energy Agency.
8. Acid and alkaline compounds of such composition and in such quantity
that they may seriously impair the quality of sea water. The composition
and quantity to be taken into consideration shall be determined by the
Parties in accordance with the procedure laid down in Article 14 (3) of
this Protocol.
9. Materials in whatever form (e.g. solids, liquids, semi-liquids, gases,
or in a living state) produced for biological and chemical warfare, other
than those rapidly rendered harmless by physical, chemical or biological
processes in the sea, provided that they do not:
(i) make edible marine organisms unpalatable; or
(ii) endanger human or animal health.
B. This Annex does not apply to wastes or other materials, such as sewage
sludge and dredge spoils, containing the substances referred to in
paragraphs 1 to 6 above as trace contaminants. The dumping of such wastes
shall be subject to the provisions of Annexes II and III as appropriate.
ANNEX II
The following wastes and other matter, the dumping of which requires
special care, are listed for the purposes of Article 5.
1. (i) arsenic, lead, copper, zinc, beryllium, chromium, nickel,
vanadium, selenium, antimony and their compounds;
(ii) cyanides and fluorides;
(iii) pesticides and their by-products not covered in Annex I
(iv) synthetic organic chemicals, other than those referred to in Annex
I, likely to produce harmful effects on marine organisms or to make
edible marine organisms unpalatable;
2. (i) acid and alkaline compounds the composition and quantity of which
have not yet been determined in accordance with the procedure referred to
in Annex I A (8):
(ii) acid and alkaline compounds not covered by Annex I, excluding
compounds to be dumped in quantities below thresholds which shall be
determined by the Parties in accordance with the procedure laid down in
Article 14 (3) of this Protocol.
3. Containers, scrap metal and other bulky wastes liable to sink to the
sea bottom which may present a serious obstacle to fishing or navigation.
4. Substances which, though of a non-toxic nature may become harmful
owing to the quantities in which they are dumped, or which are liable to
reduce amenities seriously or to endanger human life or marine organisms
or to interfere with navigation.
5. Radioactive waste or other radioactive matter which will not be
included in Annex I. In the issue of permits for the dumping of this
matter, the Parties should take full account of the recommendations of
the competent international body in this field, at present the
International Atomic Energy Agency.
ANNEX III
The factors to be considered in establishing criteria governing the issue
of permits for the dumping of matter at sea taking into account Article 7
include:
A. Characteristics and composition of the matter
1. Total amount and average compositions of matter dumped (e.g. per
year).
2. Form (e.g. solid, liquid or gaseous).
3. Properties: physical (e.g solubility and density), chemical and
biochemical (e.g. oxygen demand, nutrients) and biological.(e.g. presence
of viruses, bacteria, yeasts, parasites).
4. Toxicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and biotransformation in biological materials or
sediments.
7. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other dissolved organic and
inorganic materials.
8. Probability of production of taints or other changes reducing
marketability of resources (fish, shellfish, etc.).
B. Characteristics of dumping site and method of deposit
1. Location (e.g. coordinates of the dumping area depth and distance from
the coast), location in relation to other areas (e.g. amenity areas,
spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal per specific period (e.g. quantity per day, per week,
per month).
3. Methods of packaging and containment, if any.
4. Initial dilution achieved by proposed method of release, particularly
the speed of the ship.
5 . Dispersal characteristics (e.g. effects of currents tides and wind on
horizontal transport and vertical mixing).
6. Water characteristics (e.g. temperature, pH, salinity, stratification,
oxygen indices of pollution -- dissolved oxygen (DO), chemical oxygen
demand (COD), biochemical oxygen demand (BOD), nitrogen present in
organic and mineral form, including ammonia, suspended matter, other
nutrients and productivity).
7. Bottom characteristics (e.g. topography, geochemical and geological
characteristics and biological productivity).
8. Existence and effects of other dumpings which have been made in the
dumping area (e.g. heavy metal background reading and organic carbon
content).
9. When issuing a permit for dumping, the Contracting Parties shall
endeavour to determine whether an adequate scientific basis exists for
assessing the consequences of such dumping in the area concerned, in
accordance with the foregoing provisions and taking into account seasonal
variations.
C. General considerations and conditions
1. Possible effects on amenities (e.g. presence of floating or stranded
material, turbidity objectionable odour, discoloration and foaming).
2. Possible effects on marine life, fish and shellfish culture, fish
stocks and fisheries, seaweed harvesting and culture.
3. Possible effects on other uses of the sea (e.g. impairment of water
quality for industrial use, underwater corrosion of structures,
interference with ship operations from floating materials, interference
with fishing or navigation through deposit of waste or solid objects on
the sea floor and protection of areas of special importance for
scientific or conservation purposes).
4. The practical availability of alternative land-based methods of
treatment, disposal or elimination or of treatment to render the matter
less harmful for sea dumping.
PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION
OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES
IN CASES OF EMERGENCY
Barcelona, 2 February 1976
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean
Sea against Pollution,
Recognizing that grave pollution of the sea by oil and other harmful
substances in the Mediterranean Sea Area involves a danger for the
coastal States and the marine eco-system,
Considering that the co-operation of all the coastal States of the
Mediterranean is called for to combat this pollution,
Bearing in mind the International Convention for the Prevention of
Pollution from Ships, 1973, the International Convention relating to
Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969,
as well as the Protocol relating to Intervention on the High Seas in
Cases of Marine Pollution by Substances Other than Oil 1973,
Further taking into account the International Convention on Civil
Liability for Oil Pollution Damage, 1969 --
Have agreed as follows:
Article 1
The Contracting Parties to this Protocol (hereinafter referred to as "the
Parties") shall co-operate in taking the necessary measures in cases of
grave and imminent danger to the marine environment, the coast or related
interests of one or more of the Parties due to the presence of massive
quantities of oil or other harmful substances resulting from accidental
causes or an accumulation of small discharges which are polluting or
threatening to pollute the sea within the area defined in Article I of
the Convention for the Protection of the Mediterranean Sea against
Pollution, (hereinafter referred to as "the Convention").
Article 2
For the purpose of this Protocol, the term "related interests" means the
interests of a costal State directly affected or threatened and
concerning, among others:
(a) activities in coastal waters, in ports or estuaries, including
fishing activities;
(b) the historical and tourist appeal to the area in question,
including water sports and recreation;
(c) the health of the coastal population;
(d) the preservation of living resources.
Article 3
The Parties shall endeavour to maintain and promote, either individually
or through bilateral or multilateral co-operation, their contingency
plans and means for combating pollution of the sea by oil and other
harmful substances. These means shall include, in particular, equipment,
ships, aircraft and manpower prepared for operations in cases of
emergency.
Article 4
The Parties shall develop and apply, either individually or through
bilateral or multilateral cooperation, monitoring activities covering the
Mediterranean Sea Area in order to have as precise information as
possible on the situations referred to in article I of this Protocol.
Article 5
In case of release or loss overboard of harmful substances in packages,
freight containers, portable tanks or road and rail tank wagons, the
Parties shall co-operate as far as practicable in the salvage and
recovery of such substances so as to reduce the danger of pollution of
the marine environment.
Article 6
1. Each Party undertakes to disseminate to the other Parties information
concerning:
(a) The competent national organization or authorities responsible for
combating pollution of the sea by oil and other harmful substances;
(b) The competent national authorities responsible for receiving
reports of pollution of the sea by oil and other harmful substances and
for dealing with matters concerning measures of assistance between
Parties;
(c) New ways in which pollution of the sea by oil and other harmful
substances may be avoided, new measures of combating pollution and the
development of related research programmes.
2. Parties which have agreed to exchange information directly between
themselves shall nevertheless communicate such information to the
regional centre. The latter shall communicate this information to the
other Parties and, on a basis of reciprocity, to coastal States of the
Mediterranean Sea Area which are not Parties to this Protocol.
Article 7
The Parties undertake to co-ordinate the utilization of the means of
communication at their disposal in order to ensure, with the necessary
speed and reliability, the reception, transmission and dissemination of
all reports and urgent information which relate to the occurrences and
situations referred to in article I. The regional centre shall have the
necessary means of communication to enable it to participate in this
co-ordinated effort and, in particular, to fulfill the functions assigned
to it by paragraph 2 of article 10.
Article 8
1. Each Party shall issue instructions to the masters of ships flying its
flag and to the pilots of aircraft registered in its territory requiring
them to report by the most rapid and adequate channels in the
circumstances, and in accordance with Annex I to this Protocol, either to
a Party or to the regional centre:
(a) All accidents causing or likely to cause pollution of the sea by
oil or other harmful substances;
(b) The presence, characteristics and extent of spillages, of oil or
other harmful substances observed at sea which are likely to present a
serious and imminent threat to the marine environment or to the coast or
related interests of one or more of the Parties.
2. The information collected in accordance with paragraph 1 shall be
communicated to the other Parties likely to be affected by the pollution;
(a) by the Party which has received the information, either directly
or preferably, through the regional centre; or
(b) by the regional centre.
In case of direct communication between Parties, the regional centre
shall be informed of the measures.
3. In consequence of the application of the provisions of paragraph 2,
the Parties are not bound by the obligation laid down in article 9,
paragraph 2, of the Convention.
Article 9
1. Any Party faced with a situation of the kind defined in article 1 of
this Protocol shall:
(a) Make the necessary assessments of the nature and extent of the
casualty or emergency or, as the case may be, of the type and approximate
quantity of oil or other harmful substances and the direction and speed
of drift of the spillage;
(b) Take every practicable measure to avoid or reduce the effects of
pollution:
(c) Immediately inform all other Parties, either directly or through
the regional centre, of these assessments and of any action which it has
taken or which it intends to take to combat the pollution;
(d) Continue to observe the situation for as long as possible and
report thereon in accordance with article 8.
2. Where action is taken to combat pollution originating from a ship, all
possible measures shall be taken to safeguard the persons present on
board and, to the extent possible, the ship itself. Any Party which takes
such action shall inform the Inter-Governmental Maritime Consultative
Organization.
Article 10
1. Any Party requiring assistance for combating pollution by oil or other
harmful substances polluting or threatening to pollute its coasts may
call for assistance from other Parties, either directly or through the
regional centre referred to in article 6, starting with the Parties which
appear likely to be affected by the pollution. This assistance may
comprise, in particular, expert advice and the supply to or placing at
the disposal of the Party concerned of products, equipment and national
facilities. Parties so requested shall use their best endeavours to
render this assistance.
2. Where the Parties engaged in an operation to combat pollution cannot
agree on the organization of the operation, the regional centre may, with
their approval, co-ordinate the activity of the facilities put into
operation by these Parties.
Article 11
The application of the relevant provisions of articles 6, 7, 8, 9 and 10
of this Protocol relating to the regional centre shall be extended, as
appropriate, to sub-regional centres in the event of their establishment,
taking into account their objectives and functions and their relationship
with the said regional centre.
Article 12
1. Ordinary meetings of the Parties to this Protocol shall be held 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 as provided in article
14 of the Convention .
2. It shall be the function of the meetings of the Parties to this
Protocol, in particular:
(a) To keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of Annexes,
(b) To review and amend as required any Annex to this Protocol;
(c) To discharge such other functions as may be appropriate for
implementation of this Protocol.
Article 13
1. The provisions of the Convention relating to any Protocol shall apply
with respect to the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to
article 18 of the Convention shall apply with respect to this Protocol,
unless the Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX I
CONTENTS OF THE REPORT
TO BE MADE PURSUANT TO ARTICLE 8 TO THIS PROTOCOL
1. Each report shall, as far as possible, contain, in general:
(a) The identification of the source of pollution (identity of the
ship, where appropriate);
(b) The geographic position, time and date of the occurrence of the
incident or of the observation;
(c) The wind and sea conditions prevailing in the area;
(d) Where the pollution originates from a ship, relevant details
respecting the conditions of the ship.
2. Each report shall contain, whenever possible, in particular:
(a) A clear indication or description of the harmful substances
involved, including the correct technical names of such substances
(trade names should not be used in place of the correct technical
names);
(b) A statement or estimate of the quantities, concentrations and
likely conditions of harmful substances discharged or likely to be
discharged into the sea;
(c) Where relevant, a description of the packaging and identifying
marks; and
(d) The name of the consignor, consignee or manufacturer.
3. Each report shall clearly indicate whenever possible, whether the
harmful substance discharged or likely to be discharged is oil or a
noxious liquid, solid or gaseous substance and whether such substance was
or is carried in bulk or contained in packaged form, freight containers,
portable tanks, or road and a rail tank wagons.
4. Each report shall
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982) ENTERED INTO FORCE: 12 February 1978
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BH681.txt, BH778, BH815
CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA
AGAINST POLLUTION (1976) and PROTOCOLS (1980, 1982)
ENTERED INTO FORCE: 12 February 1978
The Contracting Parties,
Conscious of the economic, social, health and cultural value of the
marine environment of the Mediterranean Sea area,
Fully aware of their responsibility to preserve this common heritage for
the benefit and enjoyment of present and future generations,
Recognizing the threat posed by pollution to the marine environment, its
ecological equilibrium, resources and legitimate uses,
Mindful of the special hydrographic and ecological characteristics of the
Mediterranean Sea area and its particular vulnerability to pollution,
Noting that existing international conventions on the subject do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
Mediterranean Sea area,
Realizing fully the need for close co-operation among the States and
international organizations concerned in a co-ordinated and comprehensive
regional approach for the protection and enhancement of the marine
environment in the Mediterranean Sea area,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. For the purposes of this Convention, the Mediterranean Sea area shall
mean the maritime waters of the Mediterranean Sea proper, including its
gulfs and seas, bounded to the west by the meridian passing through Cape
Spartel lighthouse, at the entrance of the Straits of Gibraltar, and to
the east by the southern limits of the Straits of the Dardanelles between
the Mehmetcik and Kumkale lighthouses.
2. Except as may be otherwise provided in any Protocol to this
Convention, the Mediterranean Sea area shall not include internal waters
of the Contracting Parties.
Article 2
DEFINITIONS
For the purposes of this Convention:
(a) 'Pollution' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment resulting in such
deleterious effects as harm to living resources, hazards to human health,
hindrance to marine activities including fishing, impairment of quality
for use of sea water and reduction of amenities.
(b) 'Organization' means the body designated as responsible for
carrying out secretariat functions pursuant to Article 13 of this
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or sub-regional agreements, for the
protection of the marine environment of the Mediterranean Sea against
pollution, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
between Contracting Parties to this Convention shall be communicated to
the Organization.
2. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
Article 4
GENERAL UNDERTAKINGS
1. The Contracting Parties shall individually or jointly take all
appropriate measures in accordance with the provisions of this Convention
and those Protocols in force to which they are party, to prevent, abate
and combat pollution of the Mediterranean Sea area and to protect and
enhance the marine environment in that area.
2. The Contracting Parties shall cooperate in the formulation and
adoption of Protocols, in addition to the protocols opened for signature
at the same time as this Convention, prescribing agreed measures,
procedures and standards for the implementations of this Convention.
3. The Contracting Parties further pledge themselves to promote, within
the international bodies considered to be competent by the Contracting
Parties, measures concerning the protection of the marine environment in
the Mediterranean Sea area from all types and sources of pollution.
Article 5
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent
and abate pollution of the Mediterranean Sea area caused by dumping from
ships and aircraft.
Article 6
POLLUTION FROM SHIPS
The Contracting Parties shall take all measures in conformity with
international law to prevent abate and combat pollution of the
Mediterranean Sea area caused by discharges from ships and to ensure the
effective implementation in that area of the rules which are generally
recognized at the international level relating to the control of this
type of pollution.
Article 7
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE CONTINENTAL SHELF AND THE SEABED AND ITS SUBSOIL
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area resulting from
exploration and exploitation of the continental shelf and the seabed and
its subsoil.
Article 8
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution of the Mediterranean Sea area caused by
discharges from rivers, coastal establishments or outfalls, or emanating
from any other land-based sources within their territories.
Article 9
COOPERATION IN DEALING WITH POLLUTION EMERGENCIES
1. The Contracting Parties shall co-operate in taking the necessary
measures for dealing with pollution emergencies in the Mediterranean Sea
area, whatever the causes of such emergencies and reducing or eliminating
damage resulting therefrom.
2. Any Contracting Party which becomes aware of any pollution emergency
in the Mediterranean Sea area shall without delay notify the Organization
and, either through the Organization or directly, any Contracting Party
likely to be affected by such emergency.
Article 10
MONITORING
1. The Contracting Parties shall endeavour to establish, in close
co-operation with the international bodies which they consider competent,
complementary or joint programmes, Including, as appropriate, programmes
at the bilateral or multilateral levels, for pollution monitoring in the
Mediterranean Sea area and shall endeavour to establish a pollution
monitoring system for that area.
2. For this purpose, the Contracting Parties shall designate the
competent authorities responsible for pollution monitoring within areas
under their national jurisdiction and shall participate as far as
practicable in international arrangements for pollution monitoring in
areas beyond national jurisdiction.
3. The Contracting Parties undertake to cooperate in the formulation,
adoption and implementation of such Annexes to this Convention as may be
required to prescribe common procedures and standards for pollution
monitoring.
Article 11
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties. undertake as far as possible to co-operate
directly, or when appropriate through competent regional or other
international organizations, in the fields of science and technology and
to exchange data as well as other scientific information for the purpose
of this Convention.
2. The Contracting Parties undertake as far as possible to develop and
co-ordinate their national research programmes relating to all types of
marine pollution in the Mediterranean Sea area and to co-operate in the
establishment and implementation of regional and other international
research programmes for the purposes of this Convention.
3. The Contracting Parties undertake to co-operate in the provision of
technical and other possible assistance in fields relating to marine
pollution, with priority to be given to the special needs of developing
countries in the Mediterranean region.
Article 12
LIABILITY AND COMPENSATION
The Contracting Parties undertake to cooperate as soon as possible in the
formulation and adoption of appropriate procedures for he determination
of liability and compensation for damage resulting from the pollution of
the marine environment deriving from violations of the provisions of this
Convention and applicable Protocols.
Article 13
INSTITUTIONAL ARRANGEMENTS
The Contracting Parties designate the United Nations Environment
Programme as responsible for carrying out the following secretariat
functions:
(i) to convene and prepare the meetings of Contracting Parties
and conferences provided for in Articles 14, 15 and 16;
(ii) to transmit to the Contracting Parties notifications, reports
and other information received in accordance with Articles 3,
9 and 20;
(iii) to consider inquiries by, and information from, the
Contracting Parties, and to consult with them on questions
relating to this Convention and the Protocols and Annexes
thereto;
(iv) to perform the functions assigned to it by the Protocols to
this Convention;
(v) to perform such other functions as may be assigned to it by
the Contracting Parties;
(vi) to ensure the necessary co-ordination with other
international bodies which the Contracting Parties consider
competent, and in particular, to enter into such
administrative arrangements as may be required for the
effective discharge of the secretariat functions.
Article 14
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, provided that such requests are supported by at least two
Contracting Parties;
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and the Protocols
and, in particular:
(i) to review gradually the inventories carried out by
Contracting Parties and competent international organizations
on the state of marine pollution and its effects in the
Mediterranean Sea area;
(ii) to consider reports submitted by the Contracting Parties
under Article 20;
(iii) to adopt, review and amend as required the Annexes to this
Convention and to the Protocols in accordance with the
procedure established in Article 17;
(iv) to make recommendations regarding the adoption of any
Additional Protocols or any amendments to this Convention or
the Protocols in accordance with the provisions of Articles
15 and 16;
(v) to establish working groups as required to consider any
matters related to this Convention and the Protocols and
Annexes;
(vi) to consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention and the Protocols.
Article 15
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a diplomatic conference, may adopt
Additional Protocols to his Convention pursuant to paragraph 2 of Article
4.
2. A diplomatic conference for the purpose of adopting Additional
Protocols shall be convened by the Organization at the request of two
thirds of the Contracting Parties.
3. Pending the entry into force of this Convention the Organization may,
after consulting with the signatories to this Convention, convene a
diplomatic conference for the purpose of adopting Additional Protocols.
Article 16
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention. Amendments shall be adopted by a diplomatic conference which
shall be convened by the Organization at the request of two thirds of the
Contracting Parties.
2. Any Contracting Party to this Convention may propose amendments to any
Protocol. Such amendments shall be adopted by a diplomatic conference
which shall be convened by the Organization at the request of two thirds
of the Contracting Parties to the Protocol concerned.
3. Amendments to this Convention shall be adopted by a three-fourths
majority vote of the Contracting Parties to the Convention which are
represented at the diplomatic conference and shall be submitted by the
Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any Protocol shall be adopted by a three-fourths majority
vote of the Contracting Parties to such Protocol which are represented at
the diplomatic conference and shall be submitted by the Depositary for
acceptance by all Contracting Parties to such Protocol.
4. Acceptance of amendments shall be notified to the Depositary in
writing. Amendments adopted in accordance with paragraph 3 of this
Article shall enter into force between Contracting Parties having
accepted such amendments on the 30th day following the receipt by the
Depositary of notification of their acceptance by at least three-fourths
of the Contracting Parties to this Convention or to the Protocol
concerned, as the case may be.
5. After the entry into force of an amendment to this Convention or to a
Protocol, any new Contracting Party to this Convention or such Protocol
shall become a Contracting Party to the instrument as amended.
Article 17
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.
2. Except as may be otherwise provided in any Protocol, the following
procedure shall apply to the adoption and entry into force of any
amendments to Annexes to this Convention or to any Protocol, with the
exception of amendments to the Annex on Arbitration:
(i) any Contracting Party may propose amendments to the Annexes
to this Convention or to any Protocols and the meetings
referred to in Article 14;
(ii) such amendments shall be adopted by a three-fourths majority
vote of the Contracting Parties to the instrument in
question;
(iii) the Depositary shall without delay communicate the amendments
so adopted to all Contracting Parties;
(iv) any Contracting Party that is unable to approve an amendment
to the Annexes to this Convention or to any Protocol shall so
notify in writing the Depositary within a period determined
by the Contracting Parties concerned when adopting the
amendment;
(v) the Depositary shall without delay notify all Contracting
Parties of any notification received pursuant to the
proceeding subparagraph;
(vi) on expiry of the period referred to in subparagraph (iv)
above, the amendment to the Annex shall become effective for
all Contracting Parties to this Convention or to the Protocol
concerned which have not submitted a notification in
accordance with the provisions of that subparagraph.
3. The adoption and entry into force of a new Annex to this Convention or
to any Protocol shall be subject to the same procedure as for the
adoption and entry into force of an amendment to an Annex in accordance
with the provisions of paragraph 2 of this Article, provided that, if any
amendment to the Convention or the Protocol concerned is involved, the
new Annex shall not enter into force until such time as the amendment to
the Convention or the Protocol concerned enters into force.
4. Amendments to the Annex on Arbitration shall be considered to be
amendments to this Convention and shall be proposed and adopted in
accordance with the procedures set out in Article 16 above.
Article 18
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in Articles 14, 15 and 16 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 19
SPECIAL EXERCISE OF VOTING RIGHT
Within the areas of their competence, the European Economic Community and
any regional economic grouping referred to in Article 24 of this
Convention shall exercise their right to vote with a number of votes
equal to the number of their Member States which are Contracting Parties
to this Convention and to one or more Protocols; the European Economic
Community and any grouping as referred to above shall not exercise their
right to vote in cases where the Member States concerned exercise theirs,
and conversely.
Article 20
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
Protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 21
COMPLIANCE CONTROL
The Contracting Parties undertake to cooperate in the developing of
procedures enabling them to control the application of this Convention
and the Protocols.
Article 22
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or the Protocols, they
shall seek a settlement of the dispute through negotiation or any other
peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall upon common
agreement be submitted to arbitration under the conditions laid down in
Annex A to this Convention.
3. Nevertheless, the Contracting Parties may at any time declare that
they recognize as compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same obligation, the
application of the arbitration procedure in conformity with the
provisions of Annex A. Such declaration shall be notified in writing to
the Depositary, who shall communicate it to the other Parties.
Article 23
RELATIONSHIP BETWEEN THE CONVENTION AND PROTOCOLS
1. No one may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one of the
Protocols. No one may become a Contracting Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to this Convention.
2. Any Protocol to this Convention shall be binding only on the
Contracting Parties to the Protocol in question.
3. Decisions concerning any Protocol pursuant to Articles 14, 16 and 17
of this Convention shall be taken only by the Parties to the Protocol
concerned.
Article 24
SIGNATURE
This Convention, the Protocol for the prevention of pollution of the
Mediterranean Sea by dumping from ships and aircraft and the Protocol
concerning co-operation in combating pollution of the Mediterranean Sea
by oil and other harmful substances in cases of emergency shall be open
for signature in Barcelona on 16 February 1976 and in Madrid from 17
February 1976 to 16 February 1977 by any State invited as a participant
in the Conference of Plenipotentiaries of the Coastal States of the
Mediterranean Region on the Protection of the Mediterranean Sea, held in
Barcelona from 2 to 16 February 1976, and by any State entitled to sign
any Protocol. They shall also be open until the same date for signature
by the European Economic Community and by any similar regional economic
grouping at least one member of which is a coastal State of the
Mediterranean Sea area and which exercise competences in fields covered
by this Convention, as well as by any Protocol affecting them.
Article 25
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of Spain,
which will assume the functions of Depositary.
Article 26
ACCESSION
1. As from 17 February 1977, the present Convention, the Protocol for the
prevention of pollution of the Mediterranean Sea by dumping from ships
and aircraft, and the Protocol concerning co-operation in combating
pollution of the Mediterranean Sea by oil and other harmful substances in
cases of emergency shall be open for accession by the States, by the
European Economic Community and by any grouping as referred to in Article
24.
2. After the entry into force of the Convention and of any Protocol, any
State not referred to in Article 24 may accede to this Convention and to
any Protocol, subject to prior approval by three-fourths of the
Contracting Parties to the Protocol concerned.
3. Instruments of accession shall be deposited with the Depositary.
Article 27
ENTRY INTO FORCE
1. The Convention shall enter into force on the same date as the Protocol
first entering into force.
2. The Convention shall also enter into force with regard to the States,
the European Economic Community and any regional economic grouping
referred to in Article 24 if they have complied with the formal
requirements for becoming Contracting Parties to any other Protocol not
yet entered into force.
3. Any Protocol to this Convention, except as otherwise provided in such
Protocol, shall enter into force on the 30th day following the date of
deposit of at least six instruments of ratification, acceptance, or
approval of, or accession to such Protocol by the Parties referred to in
Article 24.
4. Thereafter, this Convention and any Protocol shall enter into force
with respect to any State, the European Economic Community and any
regional economic grouping referred to in Article 24 on the 30th day
following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 28
WITHDRAWAL
1. At any time after three years from the date of entry into force of
this Convention, any Contracting Party may withdraw from this Convention
by giving written notification of withdrawal.
2. Except as may be otherwise provided in any Protocol to this
Convention, any Contracting Party may, at any time after three years from
the date of entry into force of such Protocol, withdraw from such
Protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect 90 days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any Protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a Protocol, is
no longer a Party to any Protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 29
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in Article 24, and the Organization:
(i) of the signature of this Convention and of any Protocol
thereto, and of the deposit of instruments of ratification,
acceptance, approval or accession in accordance with Articles
24, 25 and 26;
(ii) of the date on which the Convention and any Protocol will
come into force in accordance with the provisions of Article
27;
(iii) of notifications of withdrawal made in accordance with
Article 28;
(iv) of the amendments adopted with respect to the Convention and
to any Protocol, their acceptance by the Contracting Parties
and the date of entry into force of those amendments in
accordance with the provisions of Article 16;
(v) of the adoption of new Annexes and of the amendment of any
Annex in accordance with Article 17;
(vi) of declarations recognizing as compulsory the application of
the arbitration procedure mentioned in paragraph 3 of Article
22.
2. The original of this Convention and of any Protocol thereto shall be
deposited with the Depositary, the Government of Spain, which shall send
certified copies thereof to the Contracting Parties, to the Organization,
and to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Barcelona on 16 February 1976 in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative.
ANNEX A
ARBITRATION
Article I
Unless the Parties to the dispute otherwise agree, the arbitration
procedures shall be conducted in accordance with the provisions of this
Annex.
Article 2
1. At the request addressed by one Contracting Party to another
Contracting Party in accordance with the provisions of paragraph 2 or
paragraph 3 of Article 22 of the Convention, an arbitral tribunal shall
be constituted. The request for arbitration shall state the subject
matter of the application including, in particular, the articles of the
Convention or the Protocols, the interpretation or application of which
is in dispute.
2. The claimant party shall inform the Organization that it has requested
the setting up of an arbitral tribunal, stating the name of the other
Party to the dispute and articles of the Convention or the Protocols the
interpretation or application of which is in its opinion in dispute. The
Organization shall forward the information thus received to all
Contracting Parties to the Convention.
Article 3
The arbitral tribunal shall consist of three members: each of the Parties
to the dispute shall appoint an arbitrator, the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these Parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of the most
diligent Party, designate him within a further two months' period.
2. If one of the Parties to the disputes does not appoint an arbitrator
within two months of receipt of the request, the other Party may inform
the Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months' period.
Upon designation, the chairman of the arbitral tribunal shall request the
Party which has not appointed an arbitrator to do so within two months.
After such period, he shall inform the Secretary-General of the United
Nations, who shall make this appointment within a further two months's
period.
Article 5
1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this Convention and the
Protocols concerned.
2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.
Article 6
1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish
the facts. It may, at the request of one of the Parties, recommend
essential interim measures of protection.
3. If two or more arbitral tribunal constituted under the provisions of
this Annex are seized of requests with identical or similar subjects,
they may inform themselves of.the procedures for establishing the facts
and take them into account as far as possible.
4. The Parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.
5. The absence or.default of a Party to the dispute shall not constitute
an impediment of the proceedings.
Article 7
1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the Parties to the
dispute.
2. Any dispute which may arise between the Parties concerning the
interpretation or execution of the award may be submitted by the most
diligent Party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
Article 8
The European Economic Community and any regional economic grouping
referred to in Article 24 of the Convention, like any Contracting Party
to the Convention, are empowered to appear as complainants or as
respondents before the arbitral tribunal.
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE
MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT
Barcelona, 16 February 1976
The Contracting Parties to the present Protocol
Being Parties to the Convention for the protection of the Mediterranean
Sea against pollution,
Recognizing the danger posed to the marine environment by pollution
caused by the dumping or wastes or other matter from ships and aircraft,
Considering that the coastal States of the Mediterranean Sea have a
common interest in protecting the marine environment from this danger,
Bearing in mind the Convention on the prevention of marine pollution by
dumping of wastes and other matter, adopted in London in 1972,
Have agreed as follows:
Article I
The Contracting Parties to this Protocol (hereinafter referred to as 'the
Parties') shall take all appropriate measures to prevent and abate
pollution of the Mediterranean Sea area caused by dumping from ships and
aircraft.
Article 2
The area to which this Protocol applies shall be the Mediterranean Sea
area as defined in Article I of the Convention for the Protection of the
Mediterranean Sea against Pollution (hereinafter referred to as 'the
Convention').
Article 3
For the purposes of this Protocol:
1. 'ships and aircraft' means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating
craft, whether self-propelled or not, and platforms and other man-made
structures at sea and their equipment.
2. 'Wastes or other matter' means material and substances of any kind,
form or description.
3. 'Dumping' means:
(a) any deliberate disposal at sea of wastes or other matter from
ships or aircraft;
(b) any deliberate disposal at sea of ships or aircraft.
4. 'Dumping' does not include:
(a) the disposal at sea of wastes or other matter incidental to,
or derived from, the normal operations of vessels, or
aircraft and their equipment, other than wastes or other
matter transported by or to vessels or aircraft, operating
for the purpose of disposal of such matter, or derived from
the treatment of such wastes or other matter on such vessels
or aircraft;
(b) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not
contrary to the aims of this Protocol.
5. 'Organization' means the body referred to in Article 13 of the
Convention.
Article 4
The dumping into the Mediterranean Sea area of wastes or other matter
listed in Annex I to this Protocol is prohibited.
Article 5
The dumping into the Mediterranean Sea area of all wastes or other matter
listed in Annex 11 to this Protocol requires, in each case,