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9.1.2013 Official
Journal
of
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European
Union L
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PROTOCOL
for the Protection of the Mediterranean Sea against pollution resulting from exploration and
exploitation of the continental shelf and the seabed and its subsoil
PREAMBLE
THE CONTRACTING PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the Convention for the Protection of the Mediterranean Sea against Pollution, adopted at Barcelona on
16 February 1976,
BEARING IN MIND Article 7 of the said Convention,
BEARING IN MIND the increase in the activities concerning exploration and exploitation of the Mediterranean seabed and
its subsoil,
RECOGNISING that the pollution which may result therefrom represents a serious danger to the environment and to
human beings,
DESIROUS of protecting and preserving the Mediterranean Sea from pollution resulting from exploration and exploitation
activities,
TAKING INTO ACCOUNT the Protocols related to the Convention for the Protection of the Mediterranean Sea against
Pollution and, in particular, the Protocol concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil
and Other Harmful Substances in Cases of Emergency, adopted at Barcelona on 16 February 1976, and the Protocol
concerning Mediterranean Specially Protected Areas, adopted at Geneva on 3 April 1982,
BEARING in mind the relevant provisions of the United Nations Convention on the Law of the Sea, done at Montego Bay
on 10 December 1982 and signed by many Contracting Parties,
RECOGNISING the differences in levels of development among the coastal States, and taking account of the economic
and social imperatives of the developing countries,
HAVE AGREED AS FOLLOWS:
SECTION I
— Seismological activities; surveys of the seabed and
its subsoil; sample taking;
GENERAL PROVISIONS
Article 1
— Exploration drilling;
Definitions
For the purposes of this Protocol:
(iii) Exploitation activities:
(a) ‘Convention’ means the Convention for the Protection of
— Establishment of an installation for the purpose of
the Mediterranean Sea against Pollution, adopted at
recovering resources, and activities connected
Barcelona on 16 February 1976;
therewith;
(b) ‘Organisation’ means the body referred to in Article 17 of
the Convention;
— Development drilling;
(c) ‘Resources’ means all mineral resources, whether solid,
— Recovery, treatment and storage;
liquid or gaseous;
(d) ‘Activities concerning exploration and/or exploitation of the
— Transportation to shore by pipeline and loading of
resources in the Protocol Area’ (hereinafter referred to as
ships;
‘activities’) means:
— Maintenance, repair and other ancillary operations;
(i) Activities of scientific research concerning the
resources of the seabed and its subsoil;
(e) ‘Pollution’ is defined as in Article 2, paragraph (a), of the
(ii) Exploration activities:
Convention;

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(f) ‘Installation’
means
any
fixed
or
floating
structure,
and
any
substances, and maximum amounts intended to be
integral part thereof, that is engaged in activities, including,
used in any specified period;
in particular:
(iv) The area within which the chemical may escape into
(i) Fixed or mobile offshore drilling units;
the marine environment;
(ii) Fixed or floating production units including dynami
(l) ‘Oil’
means
petroleum
in
any
form
including
crude
oil,
fuel
cally-positioned units;
oil, oily sludge, oil refuse and refined products and, without
limiting the generality of the foregoing, includes the
(iii) Offshore storage facilities including ships used for this
substances listed in the Appendix to this Protocol;
purpose;
(m) ‘Oily mixture’ means a mixture with any oil content;
(iv) Offshore loading terminals and transport systems for
the extracted products, such as submarine pipelines;
(n) ‘Sewage’ means:
(v) Apparatus attached to it and equipment for the
(i) Drainage and other wastes from any form of toilets,
reloading, processing, storage and disposal of
urinals and water-closet scuppers;
substances removed from the seabed or its subsoil;
(g) ‘Operator’ means:
(ii) Drainage from medical premises (dispensary, sick bay,
etc.) via wash basins, wash tubs and scuppers located
in such premises;
(i) Any natural or juridical person who is authorised by
the Party exercising jurisdiction over the area where the
activities are undertaken (hereinafter referred to as the
(iii) Other waste waters when mixed with the drainages
‘Contracting Party’) in accordance with this Protocol to
defined above;
carry out activities and/or who carries out such activ
ities; or
(o) ‘Garbage’ means all kinds of food, domestic and operational
waste generated during the normal operation of the instal
(ii) Any person who does not hold an authorisation within
lation and liable to be disposed of continuously or period
the meaning of this Protocol but is de facto in control of
ically, except those substances which are defined or listed
such activities;
elsewhere in this Protocol;
(h) ‘Safety zone’ means a zone established around installations
(p) ‘Freshwater limit’ means the place in water courses where,
in conformity with the provisions of general international
at low tides and in a period of low freshwater flow, there is
law and technical requirements, with appropriate markings
an appreciable increase in salinity due to the presence of
to ensure the safety of both navigation and the instal
sea water.
lations;
Article 2
(i) ‘Wastes’
means
substances
and
materials
of
any
kind,
form
or description resulting from activities covered by this
Geographical coverage
Protocol which are disposed of or are intended for
1. The area to which this Protocol applies (referred to in this
disposal or are required to be disposed of;
Protocol as the ‘Protocol Area’) shall be:
(j) ‘Harmful or noxious substances and materials’ means
(a) The Mediterranean Sea Area as defined in Article 1 of the
substances and materials of any kind, form or description,
Convention, including the continental shelf and the seabed
which might cause pollution, if introduced into the
and its subsoil;
Protocol Area;
(b) Waters, including the seabed and its subsoil, on the
(k) ‘Chemical Use Plan’ means a plan drawn up by the operator
landward side of the baselines from which the breadth of
of any offshore installation which shows:
the territorial sea is measured and extending, in the case of
watercourses, up to the freshwater limit.
(i) The chemicals which the operator intends to use in the
operations;
2. Any of the Contracting Parties to this Protocol (referred to
in this Protocol as ‘the Parties’) may also include in the Protocol
(ii) The purpose or purposes for which the operator
area wetlands or coastal areas of their territory.
intends to use the chemicals;
3. Nothing
in
this
Protocol,
nor
any
act
adopted
on
the
basis
(iii) The maximum concentrations of the chemicals which
of this Protocol, shall prejudice the rights of any State
the operator intends to use within any other
concerning the delimitation of the continental shelf.

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Article 3
(b) The precise definition of the geographical areas where the
activity is envisaged, including safety zones;
General undertakings
1. The
Parties
shall
take,
individually
or
through
bilateral
or (c) Particulars of the professional and technical qualifications of
multilateral cooperation, all appropriate measures to prevent,
the candidate operator and personnel on the installation, as
abate, combat and control pollution in the Protocol Area
well as of the composition of the crew;
resulting from activities, inter alia, by ensuring that the best
available techniques, environmentally effective and economically
appropriate, are used for this purpose.
(d) The safety measures as specified in Article 15;
(e) The operator’s contingency plan as specified in Article 16;
2. The
Parties
shall
ensure
that
all
necessary
measures
are
taken so that activities do not cause pollution.
(f) The monitoring procedures as specified in Article 19;
(g) The plans for removal of installations as specified in
SECTION II
Article 20;
AUTHORISATION SYSTEM
(h) Precautions for specially protected areas as specified in
Article 4
Article 21;
General principles
(i) The insurance or other financial security to cover liability as
1. All
activities
in
the
Protocol
Area,
including
erection
on
prescribed in Article 27, paragraph 2 (b).
site of installations, shall be subject to the prior written auth
orisation for exploration or exploitation from the competent
authority. Such authority, before granting the authorisation,
2. The
competent
authority
may
decide,
for
scientific
shall be satisfied that the installation has been constructed
research and exploration activities, to limit the scope of the
according to international standards and practice and that the
requirements laid down in paragraph 1 of this Article, in the
operator has the technical competence and the financial
light of the nature, scope, duration and technical methods
capacity to carry out the activities. Such authorisation shall be
employed in the activities and of the characteristics of the area.
granted in accordance with the appropriate procedure, as
defined by the competent authority.
Article 6
Granting of authorisations
2. Authorisation
shall
be
refused
if
there
are
indications
that 1. The
authorisations
referred
to
in
Article
4
shall
be
granted
the proposed activities are likely to cause significant adverse
only after examination by the competent authority of the
effects on the environment that could not be avoided by
requirements listed in Article 5 and Annex IV.
compliance with the conditions laid down in the authorisation
and referred to in Article 6, paragraph 3, of this Protocol.
2. Each
authorisation
shall
specify
the
activities
and
the
period of validity of the authorisation, establish the geographical
limits of the area subject to the authorisation and specify the
3. When
considering
approval
of
the
siting
of
an
installation, technical requirements and the authorised installations. The
the Contracting Party shall ensure that no detrimental effects
necessary safety zones shall be established at a later appropriate
will be caused to existing facilities by such siting, in particular,
stage.
to pipelines and cables.
3. The
authorisation
may
impose
conditions
regarding
measures, techniques or methods designed to reduce to the
Article 5
minimum risks of and damage due to pollution resulting
from the activities.
Requirements for authorisations
1. The
Contracting
Party
shall
prescribe
that
any
application 4. The
Parties
shall
notify
the
Organisation
as
soon
as
for authorisation or for the renewal of an authorisation is
possible of authorisations granted or renewed. The Organisation
subject to the submission of the project by the candidate
shall keep a register of all the authorised installations in the
operator to the competent authority and that any such appli
Protocol Area.
cation must include, in particular, the following:
Article 7
Sanctions
(a) A survey concerning the effects of the proposed activities on
the environment; the competent authority may, in the light
Each Party shall prescribe sanctions to be imposed for breach of
of the nature, scope, duration and technical methods
obligations arising out of this Protocol, or for non-observance
employed in the activities and of the characteristics of the
of the national laws or regulations implementing this Protocol,
area, require that an environmental impact assessment be
or for non-fulfilment of the specific conditions attached to the
prepared in accordance with Annex IV to this Protocol;
authorisation.

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SECTION III
(b) Such common standards shall not be less restrictive than
the following, in particular:
WASTES AND HARMFUL OR NOXIOUS SUBSTANCES AND
MATERIALS
(i) For machinery space drainage, a maximum oil content
Article 8
of 15 mg per litre whilst undiluted;
General obligation
(ii) For production water, a maximum oil content of 40 mg
Without prejudice to other standards or obligations referred to
per litre as an average in any calendar month; the
in this Section, the Parties shall impose a general obligation
content shall not at any time exceed 100 mg per litre;
upon operators to use the best available, environmentally
effective and economically appropriate techniques and to
(c) The Parties shall determine by common agreement which
observe internationally accepted standards regarding wastes, as
method will be used to analyze the oil content.
well as the use, storage and discharge of harmful or noxious
substances and materials, with a view to minimising the risk of
2. The
Parties
shall
formulate
and
adopt
common
standards
pollution.
for the use and disposal of drilling fluids and drill cuttings into
the Protocol Area. Such common standards shall be formulated
Article 9
in accordance with the provisions of Annex V, B.
Harmful or noxious substances and materials
3. Each
Party
shall
take
appropriate
measures
to
enforce
the
1. The
use
and
storage
of
chemicals
for
the
activities
shall
be common standards adopted pursuant to this Article or to
approved by the competent authority, on the basis of the
enforce more restrictive standards that it may have adopted.
Chemical Use Plan.
Article 11
2. The
Contracting
Party
may
regulate,
limit
or
prohibit
the
Sewage
use of chemicals for the activities in accordance with guidelines
to be adopted by the Contracting Parties.
1. The
Contracting
Party
shall
prohibit
the
discharge
of
sewage from installations permanently manned by 10 or
more persons into the Protocol Area except in cases where:
3. For the purpose of protecting the environment, the Parties
shall ensure that each substance and material used for activities
(a) The installation is discharging sewage after treatment as
is accompanied by a compound description provided by the
approved by the competent authority at a distance of at
entity producing such substance or material.
least four nautical miles from the nearest land or fixed
fisheries installation, leaving the Contracting Party to
decide on a case by case basis; or
4. The
disposal
into
the
Protocol
Area
of
harmful
or
noxious
substances and materials resulting from the activities covered by
this Protocol and listed in Annex I to this Protocol is prohibited.
(b) The sewage is not treated, but the discharge is carried out in
accordance with international rules and standards; or
5. The
disposal
into
the
Protocol
Area
of
harmful
or
noxious (c) The sewage has passed through an approved sewage
substances and materials resulting from the activities covered by
treatment plant certified by the competent authority.
this Protocol and listed in Annex II to this Protocol requires, in
each case, a prior special permit from the competent authority.
2. The
Contracting
Party
shall
impose
stricter
provisions,
as
appropriate, where deemed necessary, inter alia, because of the
6. The
disposal
into
the
Protocol
Area
of
all
other
harmful
or regime of the currents in the area or proximity to any area
noxious substances and materials resulting from the activities
referred to in Article 21.
covered by this Protocol and which might cause pollution
requires a prior general permit from the competent authority.
3. The
exceptions
referred
to
in
paragraph
1
shall
not
apply
if the discharge produces visible floating solids or produces
7. The
permits
referred
to
in
paragraphs
5
and
6
above
shall colouration, discolouration or opacity of the surrounding water.
be issued only after careful consideration of all the factors set
forth in Annex III to this Protocol.
4. If the sewage is mixed with wastes and harmful or
noxious substances and materials having different disposal
requirements, the more stringent requirements shall apply.
Article 10
Oil and oily mixtures and drilling fluids and cuttings
Article 12
1. The
Parties
shall
formulate
and
adopt
common
standards
Garbage
for the disposal of oil and oily mixtures from installations into
1. The
Contracting
Party
shall
prohibit
the
disposal
into
the
the Protocol Area:
Protocol Area of the following products and materials:
(a) Such common standards shall be formulated in accordance
(a) All plastics, including but not limited to synthetic ropes,
with the provisions of Annex V, A;
synthetic fishing nets and plastic garbage bags;

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(b) All other non-biodegradable garbage, including paper
SECTION IV
products, rags, glass, metal, bottles, crockery, dunnage,
lining and packing materials.
SAFEGUARDS
Article 15
2. Disposal
into
the
Protocol
Area
of
food
wastes
shall
take
place as far away as possible from land, in accordance with
Safety measures
international rules and standards.
1. The
Contracting
Party
within
whose
jurisdiction
activities
are envisaged or are being carried out shall ensure that safety
3. If
garbage
is
mixed
with
other
discharges
having
different measures are taken with regard to the design, construction,
disposal or discharge requirements, the more stringent
placement, equipment, marking, operation and maintenance of
requirements shall apply.
installations.
Article 13
Reception facilities, instructions and sanctions
2. The
Contracting
Party
shall
ensure
that
at
all
times
the
operator has on the installations adequate equipment and
The Parties shall ensure that:
devices, maintained in good working order, for protecting
human life, preventing and combating accidental pollution
(a) Operators dispose satisfactorily of all wastes and harmful or
and facilitating prompt response to an emergency, in
noxious substances and materials in designated onshore
accordance with the best available environmentally effective
reception facilities, except as otherwise authorised by the
and economically appropriate techniques and the provisions
Protocol;
of the operator’s contingency plan referred to in Article 16.
(b) Instructions are given to all personnel concerning proper
means of disposal;
3. The
competent
authority
shall
require
a
certificate
of
safety and fitness for the purpose (hereinafter referred to as
(c) Sanctions are imposed in respect of illegal disposals.
‘certificate’) issued by a recognised body to be submitted in
respect of production platforms, mobile offshore drilling units,
Article 14
offshore storage facilities, offshore loading systems and pipelines
and in respect of such other installations as may be specified by
Exceptions
the Contracting Party.
1. The
provisions
of
this
Section
shall
not
apply
in
case
of:
(a) Force majeure and in particular for disposals:
4. The
Parties
shall
ensure
through
inspection
that
the
activities are conducted by the operators in accordance with
— to save human life,
this Article.
— to ensure the safety of installations,
Article 16
— in case of damage to the installation or its equipment,
Contingency planning
on condition that all reasonable precautions have been
1. In
cases
of
emergency
the
Contracting
Parties
shall
taken after the damage is discovered or after the disposal
implement mutatis mutandis the provisions of the Protocol
has been performed to reduce the negative effects.
concerning Cooperation in Combating Pollution of the Medi
terranean Sea by Oil and Other Harmful Substances in Cases of
(b) The discharge into the sea of substances containing oil or
Emergency.
harmful or noxious substances or materials which, subject
to the prior approval of the competent authority, are being
used for the purpose of combating specific pollution
2. Each
Party
shall
require
operators
in
charge
of
installations
incidents in order to minimise the damage due to the
under its jurisdiction to have a contingency plan to combat
pollution.
accidental pollution, coordinated with the contingency plan of
the Contracting Party established in accordance with the
2. However, the provisions of this Section shall apply in any
Protocol concerning Cooperation in Combating Pollution of
case where the operator acted with the intent to cause damage
the Mediterranean Sea by Oil and Other Harmful Substances
or recklessly and with knowledge that damage will probably
in Cases of Emergency and approved in conformity with the
result.
procedures established by the competent authorities.
3. Disposals
carried
out
in
the
circumstances
referred
to
in
paragraph 1 of this Article shall be reported immediately to the
3. Each
Contracting
Party
shall
establish
coordination
for
the
Organisation and, either through the Organisation or directly, to
development and implementation of contingency plans. Such
any Party or Parties likely to be affected, together with full
plans shall be established in accordance with guidelines
details of the circumstances and of the nature and quantities
adopted by the competent international organisation. They
of wastes or harmful or noxious substances or materials
shall, in particular, be in accordance with the provisions of
discharged.
Annex VII to this Protocol.

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Article 17
operator under its responsibility shall take all necessary
measures to prevent spillage or leakage from the site of the
Notification
activities.
Each Party shall require operators in charge of installations
under its jurisdiction to report without delay to the
2. The
competent
authority
shall
require
the
operator
to
competent authority:
remove abandoned or disused pipelines in accordance with
paragraph 1 of this Article or to clean them inside and
abandon them or to clean them inside and bury them so that
(a) Any event on their installation causing or likely to cause
they neither cause pollution, endanger navigation, hinder
pollution in the Protocol Area;
fishing, threaten the marine environment, nor interfere with
other legitimate uses of the sea or with the rights and duties
of other Contracting Parties. The competent authority shall
(b) Any observed event at sea causing or likely to cause
ensure that appropriate publicity is given to the depth,
pollution in the Protocol Area.
position and dimensions of any buried pipeline and that such
information is indicated on charts and notified to the Organi
Article 18
sation and other competent international organisations and the
Parties.
Mutual assistance in cases of emergency
In cases of emergency, a Party requiring assistance in order to
3. The
provisions
of
this
Article
apply
also
to
installations
prevent, abate or combat pollution resulting from activities may
disused or abandoned by any operator whose authorisation may
request help from the other Parties, either directly or through
have been withdrawn or suspended in compliance with
the Regional Marine Pollution Emergency Response Centre for
Article 7.
the Mediterranean Sea (REMPEC), which shall do their utmost to
provide the assistance requested.
4. The
competent
authority
may
indicate
eventual
modifi
cations to be made to the level of activities and to the
measures for the protection of the marine environment which
For this purpose, a Party which is also a Party to the Protocol
had initially been provided for.
concerning Cooperation in Combating Pollution of the Medi
terranean Sea by Oil and Other Harmful Substances in Cases of
5. The
competent
authority
may
regulate
the
cession
or
Emergency shall apply the pertinent provisions of the said
transfer of authorised activities to other persons.
Protocol.
6. Where the operator fails to comply with the provisions of
Article 19
this Article, the competent authority shall undertake, at the
operator’s expense, such action or actions as may be
Monitoring
necessary to remedy the operator’s failure to act.
1. The operator shall be required to measure, or to have
measured by a qualified entity, expert in the matter, the
Article 21
effects of the activities on the environment in the light of the
Specially protected areas
nature, scope, duration and technical methods employed in the
activities and of the characteristics of the area and to report on
For the protection of the areas defined in the Protocol
them periodically or upon request by the competent authority
concerning Mediterranean Specially Protected Areas and any
for the purpose of an evaluation by such competent authority
other area established by a Party and in furtherance of the
according to a procedure established by the competent
goals stated therein, the Parties shall take special measures in
authority in its authorisation system.
conformity with international law, either individually or through
multilateral or bilateral cooperation, to prevent, abate, combat
and control pollution arising from activities in these areas.
2. The
competent
authority
shall
establish,
where
appro
priate, a national monitoring system in order to be in a
In addition to the measures referred to in the Protocol
position to monitor regularly the installations and the impact
concerning Mediterranean Specially Protected Areas for the
of the activities on the environment, so as to ensure that the
granting of authorisation, such measures may include, inter alia:
conditions attached to the grant of the authorisation are being
fulfilled.
(a) Special restrictions or conditions when granting authori
sations for such areas:
Article 20
(i) The preparation and evaluation of environmental impact
Removal of installations
assessments;
1. The
operator
shall
be
required
by
the
competent
authority
to remove any installation which is abandoned or disused, in
(ii) The elaboration of special provisions in such areas
order to ensure safety of navigation, taking into account the
concerning monitoring, removal of installations and
guidelines and standards adopted by the competent inter
prohibition of any discharge.
national organisation. Such removal shall also have due regard
to other legitimate uses of the sea, in particular fishing, the
(b) Intensified exchange of information among operators, the
protection of the marine environment and the rights and
competent authorities, Parties and the Organisation
duties of other Contracting Parties. Prior to such removal, the
regarding matters which may affect such areas.

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SECTION V
Article 25
COOPERATION
Mutual information
Article 22
The Parties shall inform one another directly or through the
Organisation of measures taken, of results achieved and, if the
Studies and research programmes
case arises, of difficulties encountered in the application of this
Protocol. Procedures for the collection and submission of such
In conformity with Article 13 of the Convention, the Parties
information shall be determined at the meetings of the Parties.
shall, where appropriate, cooperate in promoting studies and
undertaking programmes of scientific and technological
research for the purpose of developing new methods of:
Article 26
Transboundary pollution
(a) Carrying out activities in a way that minimises the risk of
pollution;
1. Each
Party
shall
take
all
measures
necessary
to
ensure
that
activities under its jurisdiction are so conducted as not to cause
(b) Preventing, abating, combating and controlling pollution,
pollution beyond the limits of its jurisdiction.
especially in cases of emergency.
2. A
Party
within
whose
jurisdiction
activities
are
being
Article 23
envisaged or carried out shall take into account any adverse
International rules, standards and recommended practices
environmental effects, without discrimination as to whether
and procedures
such effects are likely to occur within the limits of its juris
diction or beyond such limits.
1. The
Parties
shall
cooperate,
either
directly
or
through
the
Organisation or other competent international organisations, in
order to:
3. If
a
Party
becomes
aware
of
cases
in
which
the
marine
environment is in imminent danger of being damaged, or has
been damaged, by pollution, it shall immediately notify other
(a) Establish appropriate scientific criteria for the formulation
Parties which in its opinion are likely to be affected by such
and elaboration of international rules, standards and recom
damage, as well as the Regional Marine Pollution Emergency
mended practices and procedures for achieving the aims of
Response Centre for the Mediterranean Sea (REMPEC), and
this Protocol;
provide them with timely information that would enable
them, where necessary, to take appropriate measures. REMPEC
(b) Formulate and elaborate such international rules, standards
shall distribute the information immediately to all relevant
and recommended practices and procedures;
Parties.
(c) Formulate and adopt guidelines in accordance with inter
national practices and procedures to ensure observance of
4. The
Parties
shall
endeavour,
in
accordance
with
their
legal
the provisions of Annex VI.
systems and, where appropriate, on the basis of an agreement,
to grant equal access to and treatment in administrative
proceedings to persons in other States who may be affected
2. The Parties shall, as soon as possible, endeavour to
by pollution or other adverse effects resulting from proposed
harmonise their laws and regulations with the international
or existing operations.
rules, standards and recommended practices and procedures
referred to in paragraph 1 of this Article.
5. Where
pollution
originates
in
the
territory
of
a
State
3. The Parties shall endeavour, as far as possible, to exchange
which is not a Contracting Party to this Protocol, any
information relevant to their domestic policies, laws and regu
Contracting Party affected shall endeavour to cooperate with
lations and the harmonisation referred to in paragraph 2 of this
the said State so as to make possible the application of the
Article.
Protocol.
Article 24
Article 27
Scientific and technical assistance to developing countries
Liability and compensation
1. The
Parties
shall,
directly
or
with
the
assistance
of 1. The Parties undertake to cooperate as soon as possible in
competent regional or other international organisations,
formulating and adopting appropriate rules and procedures for
cooperate with a view to formulating and, as far as possible,
the determination of liability and compensation for damage
implementing programmes of assistance to developing coun
resulting from the activities dealt with in this Protocol, in
tries, particularly in the fields of science, law, education and
conformity with Article 16 of the Convention.
technology, in order to prevent, abate, combat and control
pollution due to activities in the Protocol Area.
2. Pending
development
of
such
procedures,
each
Party:
2. Technical
assistance
shall
include,
in
particular,
the
training of scientific, legal and technical personnel, as well as
(a) Shall take all measures necessary to ensure that liability for
the acquisition, utilisation and production by those countries of
damage caused by activities is imposed on operators, and
appropriate equipment on advantageous terms to be agreed
they shall be required to pay prompt and adequate compen
upon among the Parties concerned.
sation;

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(b) Shall take all measures necessary to ensure that operators
the advisability of any other measures, in particular in the
shall have and maintain insurance cover or other financial
form of annexes and appendices;
security of such type and under such terms as the
Contracting Party shall specify in order to ensure compen
(b) To revise and amend any annex or appendix to this
sation for damages caused by the activities covered by this
Protocol;
Protocol.
(c) To consider the information concerning authorisations
SECTION VI
granted or renewed in accordance with Section II of this
FINAL PROVISIONS
Protocol;
Article 28
(d) To consider the information concerning the permits issued
and approvals given in accordance with Section III of this
Appointment of competent authorities
Protocol;
Each Contracting Party shall appoint one or more competent
authorities to:
(e) To adopt the guidelines referred to in Article 9, paragraph
2, and Article 23, paragraph 1 (c), of this Protocol;
(a) Grant, renew and register the authorisations provided for in
Section II of this Protocol;
(f) To consider the records of the contingency plans and means
of intervention in emergencies adopted in accordance with
(b) Issue and register the special and general permits referred to
Article 16 of this Protocol;
in Article 9 of this Protocol;
(g) To establish criteria and formulate international rules,
(c) Issue the permits referred to in Annex V to this Protocol;
standards and recommended practices and procedures in
accordance with Article 23, paragraph 1, of this Protocol,
(d) Approve the treatment system and certify the sewage
in whatever form the Parties may agree;
treatment plant referred to in Article 11, paragraph 1, of
this Protocol;
(h) To facilitate the implementation of the policies and the
achievement of the objectives referred to in Section V, in
(e) Give the prior approval for exceptional discharges referred
particular the harmonisation of national and European
to in Article 14, paragraph 1 (b), of this Protocol;
Community legislation in accordance with Article 23,
paragraph 2, of this Protocol;
(f) Carry out the duties regarding safety measures referred to in
Article 15, paragraphs 3 and 4, of this Protocol;
(i) To review progress made in the implementation of
Article 27 of this Protocol;
(g) Perform the functions relating to contingency planning
described in Article 16 and Annex VII to this Protocol;
(j) To discharge such other functions as may be appropriate for
(h) Establish monitoring procedures as provided in Article 19
the application of this Protocol.
of this Protocol;
Article 31
(i) Supervise the removal operations of the installations as
Relations with the Convention
provided in Article 20 of this Protocol.
1. The
provisions
of
the
Convention
relating
to
any
Protocol
Article 29
shall apply with respect to this Protocol.
Transitional measures
2. The
rules
of
procedure
and
the
financial
rules
adopted
Each Party shall elaborate procedures and regulations regarding
pursuant to Article 24 of the Convention shall apply with
activities, whether authorised or not, initiated before the entry
respect to this Protocol, unless the Parties to this Protocol
into force of this Protocol, to ensure their conformity, as far as
agree otherwise.
practicable, with the provisions of this Protocol.
Article 32
Article 30
Final clause
Meetings
1. This
Protocol
shall
be
open
for
signature
at
Madrid
from
1. Ordinary
meetings
of
the
Parties
shall
take
place
in 14 October 1994 to 14 October 1995, by any State Party to
conjunction with ordinary meetings of the Contracting Parties
the Convention invited to the Conference of Plenipotentiaries of
to the Convention held pursuant to Article 18 of the
the Coastal States of the Mediterranean Region on the Protocol
Convention. The Parties may also hold extraordinary meetings
for the Protection of the Mediterranean Sea against Pollution
in accordance with Article 18 of the Convention.
resulting from Exploration and Exploitation of the Seabed and
its Subsoil, held at Madrid on 13 and 14 October 1994. It shall
2. The
functions
of
the
meetings
of
the
Parties
to
this also be open until the same dates for signature by the European
Protocol shall be, inter alia:
Community and by any similar regional economic grouping of
which at least one member is a coastal State of the Protocol
(a) To keep under review the implementation of this Protocol
Area and which exercises competence in fields covered by this
and to consider the efficacy of the measures adopted and
Protocol in conformity with Article 30 of the Convention.

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2. This
Protocol
shall
be
subject
to
ratification,
acceptance
or 4. This
Protocol
shall
enter
into
force
on
the
thirtieth
day
approval. Instruments of ratification, acceptance or approval
following the date of deposit of at least six instruments of
shall be deposited with the Government of Spain, which will
ratification, acceptance or approval of, or accession to, the
assume the functions of Depositary.
Protocol by the Parties referred to in paragraph 1 of this Article.
3. As from 15 October 1995, this Protocol shall be open for
accession by the States referred to in paragraph 1 above, by the
European Community and by any grouping referred to in that
IN WITNESS WHEREOF the undersigned, being duly authorised,
paragraph.
have signed this Protocol.
ANNEX I
Harmful or noxious substances and materials the disposal of which in the protocol area is prohibited
A. The following substances and materials and compounds thereof are listed for the purposes of Article 9, paragraph 4,
of the Protocol. They have been selected mainly on the basis of their toxicity, persistence and bioaccumulation:
1. Mercury and mercury compounds
2. Cadmium and cadmium compounds
3. Organotin compounds and substances which may form such compounds in the marine environment ( 1 )
4. Organophosphorus compounds and substances which may form such compounds in the marine environment ( 1 )
5. Organohalogen compounds and substances which may form such compounds in the marine environment ( 1 )
6. Crude oil, fuel oil, oily sludge, used lubricating oils and refined products
7. Persistent synthetic materials which may float, sink or remain in suspension and which may interfere with any
legitimate use of the sea
8. Substances having proven carcinogenic, teratogenic or mutagenic properties in or through the marine environment
9. Radioactive substances, including their wastes, if their discharges do not comply with the principles of radiation
protection as defined by the competent international organisations, taking into account the protection of the
marine environment
B. The present Annex does not apply to discharges which contain substances listed in section A that are below the limits
defined jointly by the Parties and, in relation to oil, below the limits defined in Article 10 of this Protocol.
( 1 ) With the exception of those which are biologically harmless or which are rapidly converted into biologically harmless substances.

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ANNEX II
Harmful or noxious substances and materials the disposal of which in the protocol area is subject to a special
permit
A. The following substances and materials and compounds thereof have been selected for the purpose of Article 9,
paragraph 5, of the Protocol.
1. Arsenic
2. Lead
3. Copper
4. Zinc
5. Beryllium
6. Nickel
7. Vanadium
8. Chromium
9. Biocides and their derivatives not covered in Annex I
10. Selenium
11. Antimony
12. Molybdenum
13. Titanium
14. Tin
15. Barium (other than barium sulphate)
16. Boron
17. Uranium
18. Cobalt
19. Thallium
20. Tellurium
21. Silver
22. Cyanides
B. The control and strict limitation of the discharge of substances referred to in section A must be implemented in
accordance with Annex III.

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ANNEX III
FACTORS TO BE CONSIDERED FOR THE ISSUE OF THE PERMITS
For the purpose of the issue of a permit required under Article 9, paragraph 7, particular account will be taken, as the
case may be, of the following factors:
A. Characteristics and composition of the waste
1. Type and size of waste source (e.g. industrial process);
2. Type of waste (origin, average composition);
3. Form of waste (solid, liquid, sludge, slurry, gaseous);
4. Total amount (volume discharged, e.g. per year);
5. Discharge pattern (continuous, intermittent, seasonally variable, etc.);
6. Concentrations with respect to major constituents, substances listed in Annex I, substances listed in Annex II, and
other substances as appropriate;
7. Physical, chemical and biochemical properties of the waste.
B. Characteristics of waste constituents with respect to their harmfulness
1. Persistence (physical, chemical, biological) in the marine environment;
2. Toxicity and other harmful effects;
3. Accumulation in biological materials or sediments;
4. Biochemical transformation producing harmful compounds;
5. Adverse effects on the oxygen content and balance;
6. Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other
sea-water constituents which may produce harmful biological or other effects on any of the uses listed in Section E
below.
C. Characteristics of discharge site and receiving marine environment
1. Hydrographic, meteorological, geological and topographical characteristics of the area;
2. Location and type of the discharge (outfall, canal, outlet, etc.) and its relation to other areas (such as amenity areas,
spawning, nursery and fishing areas, shellfish grounds) and other discharges;
3. Initial dilution achieved at the point of discharge into the receiving marine environment;
4. Dispersion characteristics such as effects of currents, tides and wind on horizontal transport and vertical mixing;
5. Receiving water characteristics with respect to physical, chemical, biological and ecological conditions in the
discharge area;
6. Capacity of the receiving marine environment to receive waste discharges without undesirable effects.

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D. Availability of waste technologies
The methods of waste reduction and discharge for industrial effluents as well as domestic sewage should be selected
taking into account the availability and feasibility of:
(a) Alternative treatment processes;
(b) Reuse or elimination methods;
(c) On-land disposal alternatives;
(d) Appropriate low-waste technologies.
E. Potential impairment of marine ecosystem and sea-water uses
1. Effects on human life through pollution impact on:
(a) Edible marine organisms;
(b) Bathing waters;
(c) Aesthetics.
2. Effects on marine ecosystems, in particular living resources, endangered species and critical habitats.
3. Effects on other legitimate uses of the sea in conformity with international law.

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ANNEX IV
ENVIRONMENTAL IMPACT ASSESSMENT
1. Each Party shall require that the environmental impact assessment contains at least the following:
(a) A description of the geographical boundaries of the area within which the activities are to be carried out, including
safety zones where applicable;
(b) A description of the initial state of the environment of the area;
(c) An indication of the nature, aims, scope and duration of the proposed activities;
(d) A description of the methods, installations and other means to be used, possible alternatives to such methods and
means;
(e) A description of the foreseeable direct or indirect short and long-term effects of the proposed activities on the
environment, including fauna, flora and the ecological balance;
(f) A statement setting out the measures proposed for reducing to the minimum the risk of damage to the
environment as a result of carrying out the proposed activities, including possible alternatives to such measures;
(g) An indication of the measures to be taken for the protection of the environment from pollution and other adverse
effects during and after the proposed activities;
(h) A reference to the methodology used for the environmental impact assessment;
(i) An indication of whether the environment of any other State is likely to be affected by the proposed activities.
2. Each Party shall promulgate standards taking into account the international rules, standards and recommended
practices and procedures, adopted in accordance with Article 23 of the Protocol, by which environmental impact
assessments are to be evaluated.

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ANNEX V
OIL AND OILY MIXTURES AND DRILLING FLUIDS AND CUTTINGS
The following provisions shall be prescribed by the Parties in accordance with Article 10:
A. Oil and Oily Mixtures
1. Spills of high oil content in processing drainage and platform drainage shall be contained, diverted and then treated
as part of the product, but the remainder shall be treated to an acceptable level before discharge, in accordance
with good oilfield practice;
2. Oily waste and sludges from separation processes shall be transported to shore;
3. All the necessary precautions shall be taken to minimise losses of oil into the sea from oil collected or flared from
well testing;
4. All the necessary precautions shall be taken to ensure that any gas resulting from oil activities should be flared or
used in an appropriate manner.
B. Drilling Fluids and Drill Cuttings
1. Water-based drilling fluids and drill cuttings shall be subject to the following requirements:
(a) The use and disposal of such drilling fluids shall be subject to the Chemical Use Plan and the provisions of
Article 9 of this Protocol;
(b) The disposal of the drill cuttings shall either be made on land or into the sea in an appropriate site or area as
specified by the competent authority.
2. Oil-based drilling fluids and drill cuttings are subject to the following requirements:
(a) Such fluids shall only be used if they are of a sufficiently low toxicity and only after the operator has been
issued a permit by the competent authority when it has verified such low toxicity;
(b) The disposal into the sea of such drilling fluids is prohibited;
(c) The disposal of the drill cuttings into the sea is only permitted on condition that efficient solids control
equipment is installed and properly operated, that the discharge point is well below the surface of the water,
and that the oil content is less than 100 grams of oil per kilogram dry cuttings;
(d) The disposal of such drill cuttings in specially protected areas is prohibited;
(e) In case of production and development drilling, a programme of seabed sampling and analysis relating to the
zone of contamination must be undertaken.
3. Diesel-based drilling fluids:
The use of diesel-based drilling fluids is prohibited. Diesel oil may exceptionally be added to drilling fluids in such
circumstances as the Parties may specify.

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ANNEX VI
SAFETY MEASURES
The following provisions shall be prescribed by the Parties in accordance with Article 15:
(a) That the installation must be safe and fit for the purpose for which it is to be used, in particular, that it must be
designed and constructed so as to withstand, together with its maximum load, any natural condition, including, more
specifically, maximum wind and wave conditions as established by historical weather patterns, earthquake possibilities,
seabed conditions and stability, and water depth;
(b) That all phases of the activities, including storage and transport of recovered resources, must be properly prepared,
that the whole activity must be open to control for safety reasons and must be conducted in the safest possible way,
and that the operator must apply a monitoring system for all activities;
(c) That the most advanced safety systems must be used and periodically tested in order to minimise the dangers of
leakages, spillages, accidental discharges, fire, explosions, blow-outs or any other threat to human safety or the
environment, that a trained specialised crew to operate and maintain these systems must be present and that this
crew must undertake periodic exercises. In the case of authorised not permanently manned installations, the
permanent availability of a specialised crew shall be ensured;
(d) That the installation and, where necessary, the established safety zone, must be marked in accordance with inter
national recommendations so as to give adequate warning of its presence and sufficient details for its identification;
(e) That in accordance with international maritime practice, the installations must be indicated on charts and notified to
those concerned;
(f) That, in order to secure observance of the foregoing provisions, the person and/or persons having the responsibility
for the installation and/or the activities, including the person responsible for the blow-out preventer, must have the
qualifications required by the competent authority, and that sufficient qualified staff must be permanently available.
Such qualifications shall include, in particular, training, on a continuing basis, in safety and environmental matters.

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ANNEX VII
CONTINGENCY PLAN
A. The operator’s contingency plan
1. Operators are obliged to ensure:
(a) That the most appropriate alarm system and communication system are available at the installation and they
are in good working order;
(b) That the alarm is immediately raised on the occurrence of an emergency and that any emergency is
immediately communicated to the competent authority;
(c) That, in coordination with the competent authority, transmission of the alarm and appropriate assistance and
coordination of assistance can be organised and supervised without delay;
(d) That immediate information about the nature and extent of the emergency is given to the crew on the
installation and to the competent authority;
(e) That the competent authority is constantly informed about the progress of combating the emergency;
(f) That at all times sufficient and most appropriate materials and equipment, including stand-by boats and aircraft,
are available to put into effect the emergency plan;
(g) That the most appropriate methods and techniques are known to the specialised crew referred to in Annex VI,
paragraph (c), in order to combat leakages, spillages, accidental discharges, fire, explosions, blow-outs and any
other threat to human life or the environment;
(h) That the most appropriate methods and techniques are known to the specialised crew responsible for reducing
and preventing long-term adverse effects on the environment;
(i) That the crew is thoroughly familiar with the operator’s contingency plan, that periodic emergency exercises are
held so that the crew has a thorough working knowledge of the equipment and procedures and that each
individual knows exactly his role within the plan.
2. The operator shall cooperate, on an institutional basis, with other operators or entities capable of rendering
necessary assistance, so as to ensure that, in cases where the magnitude or nature of an emergency creates a
risk for which assistance is or might be required, such assistance can be rendered.
B. National coordination and direction
The competent authority for emergencies of a Contracting Party shall ensure:
(a) The coordination of the national contingency plan and/or procedures and the operator’s contingency plan and
control of the conduct of actions, especially in case of significant adverse effects of the emergency;
(b) Direction to the operator to take any action it may specify in the course of preventing, abating or combating
pollution or in the preparation of further action for that purpose, including placing an order for a relief drilling
rig, or to prevent the operator from taking any specified action;
(c) The coordination of actions in the course of preventing, abating or combating pollution or in preparation for
further action for that purpose within the national jurisdiction with such actions undertaken within the juris
diction of other States or by international organisations;
(d) Collection and ready availability of all necessary information concerning the existing activities;
(e) The provision of an up-to-date list of the persons and entities to be alerted and informed about an emergency, its
development and the measures taken;

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(f) The collection of all necessary information concerning the extent and means of combating contingencies, and the
dissemination of this information to interested Parties;
(g) The coordination and supervision of the assistance referred to in Part A above, in cooperation with the operator;
(h) The organisation and if necessary, the coordination of specified actions, including intervention by technical
experts and trained personnel with the necessary equipment and materials;
(i) Immediate communication to the competent authorities of other Parties which might be affected by a contingency
to enable them to take appropriate measures where necessary;
(j) The provision of technical assistance to other Parties, if necessary;
(k) Immediate communication to the competent international organisations with a view to avoiding danger to
shipping and other interests.

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Appendix
LIST OF OILS ( 1 )
Asphalt solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oils
Clarified
Crude Oil
Mixtures containing crude oil
Diesel Oil
Fuel Oil No 4
Fuel Oil No 5
Fuel Oil No 6
Residual Fuel Oil
Road Oil
Transformer Oil
Aromatic Oil (excluding vegetable oil)
Lubricating Oils and Blending Stocks
Mineral Oil
Motor Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
( 1 ) The list of oils should not necessarily be considered as exhaustive.

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Jet Fuels
JP-1 (Kerosene)
JP-3
JP-4
JP-5 (Kerosene, Heavy)
Turbo Fuel
Kerosene
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil
Gasoline Blending Stocks
Alkylates — fuel
Reformates
Polymer — fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight Run
Fuel Oil No 1 (Kerosene)
Fuel Oil No 1-D
Fuel Oil No 2
Fuel Oil No 2-D

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