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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.
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