21976A0216(01)

21976A0216(01) 21976A0216(01) Convention on the protection of the Mediterranean Sea against pollution (Barcelona Convention) Official Journal L 240 , 19/09/1977 P. 0003 - 0011 Spanish special edition...: Chapter 15 Volume 2 P. 0005-0045 Portuguese special edition Chapter 15 Volume 2 P. 0005-0045 Finnish special edition....: Chapter 11 Volume 3 P. 178 Swedish special edition...: Chapter 11 Volume 3 P. 178 .. DA L 240 19/09/1977 P. 0003-0050 .. DE L 240 19/09/1977 P. 0003-0050 .. EN L 240 19/09/1977 P. 0003-0034 .. FR L 240 19/09/1977 P. 0003-0034 .. IT L 240 19/09/1977 P. 0003-0050 .. NL L 240 19/09/1977 P. 0003-0050  Dates: of document:   16/02/1976 of effect:   15/04/1978; Entry into force See Art 27 of signature:   13/09/1996; BARCELONE end of validity:   99/99/9999 Authentic language: English ; Arabic ; Spanish ; French Author: EUROPEAN ECONOMIC COMMUNITY ; France ; Italy ; Cyprus ; Egypt ; Spain ; Greece ; Israel ; Lebanon ; Libya ; Malta ; Morocco ; Monaco ; Syria ; Tunisia ; Turkey ; Yugoslavia ; Albania ; Algeria ; United Nations Organisation Subject matter: External relations ; Provisions under Article 235 EEC ; Environment Directory code: 11306000 ; 15104000 EUROVOC descriptor: Mediterranean Sea ; environmental protection ; environmental cooperation ; pollution control measures ; European convention ; marine pollution Legal basis: 157E235................... Adoption Amended by: Relation...... 276A0216(02)...... Relation...... 276A0216(03)...... Adopted by.... 377D0585.......... FR 25/07/1977 Relation...... 283A0312(01)...... Relation...... 299A1214(01)...... Amended by.... 299A1214(03)...... AMENDMENT. ART 11 DEVIENT ART 13 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 10 DEVIENT ART 12 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 8 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 7 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 6 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 5 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. TIT ART 5 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 4 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 20 DEVIENT ART 26 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 19 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 19 DEVIENT ART 25 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 17 DEVIENT ART 23 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 16 DEVIENT ART 22 DP DATEFF Amended by.... 299A1214(03)...... COMPLETION ART 18.2 DP DATEFF Amended by.... 299A1214(03)...... COMPLETION ART 13 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 16 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 29 DEVIENT ART 35 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 28 DEVIENT ART 34 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 27 DEVIENT ART 33 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 26 DEVIENT ART 32 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 25 DEVIENT ART 31 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 24 DEVIENT ART 30 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 23 DEVIENT ART 29 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 22 DEVIENT ART 28 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 4 Amended by.... 299A1214(03)...... AMENDMENT. ART 21 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 21 DEVIENT ART 27 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 26 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 24.2 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 18 DEVIENT ART 24 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. TIT DP DATEFF Amended by.... 299A1214(03)...... DELETION ART 15.3 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 15 DEVIENT ART 21 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 20 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 15 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 14 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 13.2 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 14 DEVIENT ART 18 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 13 DEVIENT ART 17 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 12 DEVIENT ART 16 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 11 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 1.2 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 10 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 3.5 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 3.1 DEVIENT ART 3.2 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 1.3 DP DATEFF Amended by.... 299A1214(03)...... COMPLETION CONSIDERANT DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 2 DP DATEFF Amended by.... 299A1214(03)...... AMENDMENT. ART 3.2 DEVIENT ART 3.3 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 3.4 DP DATEFF Amended by.... 299A1214(03)...... ADDITION.. ART 3.1 DP DATEFF Convention on the protection of the Mediterranean Sea against pollution (Barcelona Convention) - Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft CONVENTION for the protection of the Mediterranean Sea Against pollution 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 cooperation among the States and international organizations concerned in a coordinated 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 recources, 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 implementation 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 cooperate 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 cooperation 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 cooperation 1. The Contracting Parties undertake as far as possible to cooperate 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 coordinate their national research programmes relating to all types of marine pollution in the Mediterranean Sea area and to cooperate in the establishment and implementation of regional and other international research programmes for the purposes of this Convention. 3. The Contracting Parties undertake to cooperate 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 the 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 coordination 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 generally 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 this 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 Arbritation: (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 preceding 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 Arbritation 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 development 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 cooperation 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 in accordance with the provisions of such 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 cooperation 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. This 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 1 Unless the Parties to the dispute otherwise agree, the arbitration procedure 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 dispute 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 in form the Secretary-General of the United Nations, who shall make this appointment within a further two months'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 tribunals 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 to 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 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 1 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 1 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 aircarft' 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 therof, 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 II to this Protocol requires, in each case, a prior special permit from the competent national authorities. Article 6 The dumping into the Mediterranean Sea area 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 diposed of on land without unacceptable danger or damage, above all for the safety of human life, the Party concerned shall fortwith 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 authoritive. 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, sludge, 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, particulary 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 harmfull for sea dumping. CONVENTION pour la protection de la mer Młditerranłe contre la pollution LES PARTIES CONTRACTANTES, CONSCIENTES de la valeur łconomique, sociale et culturelle du milieu marin de la zone de la mer Młditerranłe et de son importance pour la santł, PLEINEMENT CONSCIENTES qu'il leur incombe de prłserver ce patrimoine commun dans l'intłrśt des głnłrations prłsentes et futures, RECONNAISSANT que la pollution fait peser une menace sur le milieu marin, son łquilibre łcologique, ses ressources et ses utilisations lłgitimes, TENANT COMPTE des caractłristiques hydrographiques et łcologiques spłciales de la zone de la mer Młditerranłe et de sa vulnłrabilitł particuliųre š la pollution, NOTANT que, malgrł les progųs rłalisłs, les conventions internationales existant en la matiųre ne s'appliquent pas š tous les aspects et š toutes les sources de la pollution du milieu marin et ne rłpondent pas entiųrement aux besoins spłciaux de la zone de la mer Młditerranłe, APPRECIANT pleinement la nłcessitł d'une coopłration łtroite entre les Etats et les organisations internationales concernłes, dans le cadre d'un vaste ensemble de mesures concertłes š l'łchelon rłgional, pour protłger et amłliorer le milieu marin de la zone de la mer Młditerranłe, SONT CONVENUES DE CE QUI SUIT: Article premier Champ d'application głographique 1. Aux fins de la prłsente convention, la zone de la mer Młditerranłe dłsigne les eaux maritimes de la Młditerranłe proprement dite et des golfes et mers qu'elle comprend, la limite occidentale łtant le młridien qui passe par le phare du cap Spartel, š l'entrłe du dłtroit de Gibraltar, et la limite orientale łtant constitułe par la limite młridionale du dłtroit des Dardanelles, entre les phares de Mehemetcik et de Kumkale. 2. Sauf disposition contraire de l'un quelconque des protocoles relatifs š la prłsente convention, la zone de la mer Młditerranłe ne comprend pas les eaux intłrieures des parties contractantes. Article 2 Dłfinitions Aux fins de la prłsente convention: a) On entend par" pollution" l'introduction directe ou indirecte, par l'homme, de substances ou d'łnergie dans le milieu marin, lorsqu'elle a des effets nuisibles tels que dommages aux ressources biologiques, risques pour la santł de l'homme, entraves aux activitłs maritimes, y compris la pśche, altłration de la qualitł de l'eau de mer du point de vue de son utilisation, et dłgradation des valeurs d'agrłment; b) On entend par" organisation" l'organisme chargł d'assurer les fonctions de secrłtariat en vertu de l'article 13 de la prłsente convention. Article 3 Dispositions głnłrales 1. Les parties contractantes peuvent conclure des accords bilatłraux ou multilatłraux, y compris des accords rłgionaux ou sous-rłgionaux, pour la protection du milieu marin de la zone de la mer Młditerranłe contre la pollution, sous rłserve que de tels accords soient compatibles avec la prłsente convention et conformes au droit international. Copie de ces accords sera communiqułe š l'organisation. 2. Aucune disposition de la prłsente convention ne peut porter atteinte š la codification et š l'łlaboration du droit de la mer par la confłrence des Nations unies sur le droit de la mer convoqułe en vertu de la rłsolution 2750 C (XXV) de l'Assemblłe głnłrale des Nations unies, ni aux revendications ou positions juridiques prłsentes ou futures de tout Etat touchant le droit de la mer et la nature et l'łtendue de la juridiction de l'Etat riverain et de l'Etat du pavillon. Article 4 Engagements głnłraux 1. Les parties contractantes prennent individuellement ou conjointement toutes mesures appropriłes conformes aux dispositions de la prłsente convention et des protocoles en vigueur auxquels elles sont parties pour prłvenir, rłduire et combattre la pollution dans la zone de la mer Młditerranłe et pour protłger et amłliorer le milieu marin dans cette zone. 2. Les parties contractantes coopųrent en vue d'łlaborer et d'adopter, en plus de protocoles ouverts š la signature en mśme temps que la prłsente convention, des protocoles additionnels prescrivant des mesures, des procłdures et des normes convenues en vue d'assurer l'application de la convention. 3. Les parties contractantes s'engagent en outre š promouvoir, dans le cadre des organismes internationaux qu'elles considųrent comme qualifiłs, des mesures concernant la protection du milieu marin dans la zone de la mer Młditerranłe contre tous les types et sources de pollution. Article 5 Pollution due aux opłrations d'immersion effectułes par les navires et les ałronefs Les parties contractantes prennent toutes mesures appropriłes pour prłvenir et rłduire la pollution de la zone de la mer Młditerranłe due aux opłrations d'immersion effectułes par les navires et les ałronefs. Article 6 Pollution par les navires Les parties contractantes prennent toutes mesures conformes au droit international pour prłvenir, rłduire et combattre la pollution de la zone de la mer Młditerranłe causłe par les rejets des navires et pour assurer la mise en oeuvre effective, dans cette zone, des rųgles głnłralement admises sur le plan international relatives š la lutte contre ce type de pollution. Article 7 Pollution rłsultant de l'exploration et de l'exploitation du plateau continental, du fond de la mer et de son sous-sol. Les parties contractantes prennent toutes mesures appropriłes pour prłvenir, rłduire et combattre la pollution de la zone de la mer Młditerranłe rłsultant de l'exploration et de l'exploitation du plateau continental, du fond de la mer et de son sous-sol. Article 8 Pollution d'origine tellurique Les parties contractantes prennent toutes mesures appropriłes pour prłvenir, rłduire et combattre la pollution de la zone de la mer Młditerranłe due aux dłversements par les fleuves, les łtablissements cĮtiers ou les łmissaires, ou łmanant de toute autre source situłe sur leur territoire. Article 9 Coopłration en cas de pollution rłsultant d'une situation critique 1. Les parties contractantes coopųrent pour pendre les dispositions nłcessaires en cas de situation critique głnłratrice de pollution dans la zone de la mer Młditerranłe, quelles que soient les causes de cette situation critique, et pour rłduire ou łliminer les dommages qui en rłsultent. 2. Toute partie contractante ayant connaissance d'une situation critique głnłratrice de pollution dans la zone de la mer Młditerranłe informe sans dłlai l'organisation ainsi que, par l'intermłdiaire de l'organisation ou directement, toute partie contractante qui pourrait śtre affectłe par une telle situation critique. Article 10 Surveillance continue de la pollution 1. Les parties contractantes s'efforcent d'instaurer, en łtroite coopłration avec les organismes internationaux qu'elles considųrent comme qualifiłs, des programmes complłmentaires ou communs de surveillance continue de la pollution dans la zone de la mer Młditerranłe, y compris, le cas łchłant, des programmes bilatłraux ou multilatłraux, et s'efforcent d'instituer dans cette zone un systųme de surveillance continue de la pollution. 2. A cette fin, les parties contractantes dłsignent les autoritłs chargłes d'assurer la surveillance continue de la pollution dans les zones relevant de leur juridiction nationale et participent, autant que faire se peut, š des arrangements internationaux pour la surveillance continue de la pollution dans les zones situłes au-delš des limites de leur juridiction nationale. 3. Les parties contractantes s'engagent š coopłrer pour łlaborer, adopter et mettre en oeuvre les annexes š la prłsente convention qui peuvent śtre requises pour prescrire des procłdures et des normes communes en vue de la surveillance continue de la pollution. Article 11 Coopłration scientifique et technologique 1. Les parties contractantes s'engagent, dans la mesure du possible, š coopłrer directement ou, s'il y a lieu, par l'entremise d'organisations rłgionales ou autres organisations internationales qualifiłes dans les domaines de la science et de la technologie, ainsi qu'š łchanger des donnłes et autres renseignements d'ordre scientifique, aux fins de la rłalisation des objectifs de la prłsente convention. 2. Les parties contractantes s'engagent, dans la mesure du possible, š promouvoir et š coordonner leurs programmes nationaux de recherche concernant tous les types de pollution du milieu marin dans la zone de la mer Młditerranłe et š coopłrer pour instaurer et mettre en oeuvre des programmes rłgionaux et autres programmes internationaux de recherche aux fins de la rłalisation des objectifs de la prłsente convention. 3. Les parties contractantes s'engagent š coopłrer pour fournir une assistance technique et d'autres formes possibles d'assistance dans les domaines en rapport avec la pollution du milieu marin, en accordant la prioritł aux besoins spłciaux des pays en voie de dłveloppement de la rłgion młditerranłenne. Article 12 Responsabilitł et rłparation des dommages Les parties contractantes s'engagent š coopłrer aussitĮt que possible pour łlaborer et adopter des procłdures appropriłes concernant la dłtermination des responsabilitłs et la rłparation des dommages rłsultant de la pollution du milieu marin en violation des dispositions de la prłsente convention et des protocoles applicables. Article 13 Arrangements de caractųre institutionnel Les parties contractantes dłsignent le programme des Nations unies pour l'environnement pour assurer les fonctions de secrłtariat ci-aprųs: i) convoquer et prłparer les rłunions des parties contractantes et les confłrences prłvues aux articles 14, 15 et 16; ii) communiquer aux parti …