Amendment of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities of 17 May 1980, Pursuant to the Convention for the Protection of the Mediterranean Sea Against Pollution of 16 February 1976, Syracuse, 1996
Done at Syracuse 7 March 1996
Entered into force (not in force)
Depositary: Spain
Primary source citation: Copy of text provided by the United Nations
FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES ON THE AMENDMENT OF THE PROTOCOL FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES
1. The Conference of Plenipotentiaries on the Amendment of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources was convened by the Executive Director of the United Nations Environment Programme in pursuance of a recommendation adopted by the Ninth Ordinary Meeting of the Contracting Parties to the Convention for the Protection of the Mediterranean Sea against Pollution and its related Protocols (Barcelona, 5-8 June 1995). The recommendation called for the convening of a meeting of legal and technical experts to examine the amendments to the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources, to be followed by a Conference of Plenipotentiaries (UNEP(OCA)/MED IG.5/16).
2. At the kind invitation of the Government of Italy and the Province of Syracuse, with the organizational assistance of the Facolta dell’Arte e della Scienza, the Conference was convened in Syracuse, on 6 and 7 March 1996.
3. The following Contracting Parties to the Convention for the Protection of the Mediterranean Sea against Pollution were invited to participate in the Conference: Albania, Algeria, Bosnia and Herzegovina, Croatia, Cyprus, Egypt, European Community, France, Greece, Israel, Italy, Lebanon, Libyan Arab Jamahiriya, Malta, Monaco, Morocco, Slovenia, Spain, Syrian Arab Republic, Tunisia and Turkey.
4. The following Contracting Parties accepted the invitation and participated in the Conference: Albania, Croatia, Cyprus, Egypt, European Community, France, Greece, Israel, Italy, Libyan Arab Jamahiriya, Malta, Monaco, Morocco, Slovenia, Spain, Tunisia and Turkey.
5. Representatives of the following United Nations bodies, specialized agency and nonorganizations also attended the Conference as observers:
United Nations:
• United Nations Environment Programme (UNEP)
Specialized agency:

• Food and Agriculture Organization of the United Nations (FAO)
Non-governmental organizations:
• Centre for Cleaner Production Initiatives
• Ecomediterrania
• European Chemical Industry Council (CEFIC)
• Europe Conservation
• Greenpeace International
• International Park Documentation Centre (CEDIP)
• La Facolta dell’Arte e della Scienza
• World Wide Fund for Nature International (WWF)
6. The Conference had been preceded by two meetings of Legal and Technical Experts held in Syracuse from 4-6 May 1995 and on 3 and 4 March 1996 respectively, which prepared the final texts of the amendments for adoption by the Conference of Plenipotentiaries.
7. At the opening ceremony, the Conference heard welcoming addresses by H.E. Mr Emilio Gerelli, Deputy Minister for the Environment of Italy, and by Mr M. Cavallaro, President of the Province of Syracuse.
8. The Conference also heard a statement by Mr Lucien Chabason, Coordinator of the Coordinating Unit for the Mediterranean Action Plan.
9. The Conference adopted the following agenda:
1. Opening of the meeting
2. Rules of procedure
3. Election of officers
4. Adoption of the agenda and organization of work
5. Adoption of the amendments to the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources
6. Report of the Credentials Committee
7. Adoption of the Final Act of the Conference
8. Signature of the Final Act of the Conference
9. Closure of the Conference.
10. The Conference applied the Rules of Procedure for the meetings and conferences of the Contracting Parties to the Convention for the Protection of the Mediterranean Sea against Pollution and its related Protocols (UNEP(OCA)/MED IG.43/6, Annex XI).
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11. In conformity with Rule 20 of the Rules of Procedure, the Conference elected the following Bureau:
President H.E. Mr Emilio Gerelli (Italy)
Vice-President H.E. Mr Georgios Konstas (Greece)
Vice-President Mr Ahmed Bouhaouli (Morocco)
Vice-President Mrs Elhem Laabidi (Tunisia)
Vice-President Mr Vincent Cassar (Malta)
Rapporteur Mr Nenad Mikulic (Croatia)
12. Mr Lucien Chabason, Coordinator of the Coordinating Unit for the Mediterranean Action Plan, served as the Secretary-General of the Conference, and Mr Ljubomir Jeftic, Deputy Coordinator, served as Executive Secretary of the Conference.
13. The main document which served as the basis for the deliberations of the Conference was:
UNEP(OCA)/MED IG.7/3 Amendments to the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources.
14. In conformity with the Rules of Procedure, the Conference decided that the Bureau, comprising the President, the four Vice-Presidents and the Rapporteur, should act as the Credentials Committee.
15. The Credentials Committee met on 6 March 1996 to examine the credentials of representatives attending the Conference and found that the representatives of 15 Contracting Parties were appropriately accredited.
16. The Conference approved the report of the Credentials Committee on 6 March 1996.
17. The representative of the European Community stated that the European Community was not in a position to adopt and sign the amendments to the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources as its internal procedures had not yet been completed. The European Community hoped to be able to adopt and sign the amendments to the Protocol in the near future.
18. On the basis of its deliberations, on 7 March 1996 the Conference adopted the Amendment of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and its annexes, in accordance with article 16.3 of the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention). The Amendment, which is appended to this Final Act, will enter into force in accordance with article 16.4 of the Barcelona Convention.
19. The Conference also adopted the following resolutions, which are appended to this Final Act:
I. Adoption of the Amendment of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources
II. Interim arrangements
III. Tribute to the Government of Italy.
IN WITNESS WHEREOF the representatives of the following Contracting Parties have signed this Final Act:
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RESOLUTION I
Adoption of the Amendment of the Protocol for the
Protection of the Mediterranean Sea against Pollution from
Land-Based Sources
The Conference,
Recalling the decisions of the Eighth Ordinary Meeting of the Contracting Parties held in Antalya from 12 to 15 October 1993, as well as the recommendations adopted by the Bureau of the Contracting Parties at its Meeting held in Rabat in June 1994, calling upon the Contracting Parties to examine amendments to the Mediterranean Action Plan and the Convention for the Protection of the Mediterranean Sea against Pollution (hereinafter referred to as “the Barcelona Convention”) and its related Protocols,
Taking into account the amendments to the Barcelona Convention and the Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft, adopted by the Conference of Plenipotentiaries held in Barcelona on 9 and 10 June 1995, as well as the new Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean, adopted and signed by the same Conference, but which have not yet entered into force,
Recalling further recommendation I.A(ii)7 contained in Annex XIII to the report of the Ninth Ordinary Meeting of the Contracting Parties held in Barcelona from 5 to 8 June 1995, to convene a meeting of Legal and Technical Experts to examine amendments to the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (hereinafter referred to as “the Land-Based Sources Protocol”) to be followed by a Conference of Plenipotentiaries,
Having considered on this seventh day of March 1996 the amendments to the articles of the Land-Based Sources Protocol, the text of which is appended to the Final Act of the Conference,
Desirous of ensuring that the amendments to the Land-Based Sources Protocol shall begin to produce beneficial effects at the earliest possible moment,
Having regard to article 16 of the Barcelona Convention providing for procedures to amend the Convention or Protocols,
Having regard furthermore to article 29 of the Barcelona Convention, in which the Government of Spain has been designated Depositary of the Convention and of any Protocol thereto,
1. Adopts the following amendments to the articles of the Land-Based Sources Protocol:
(a) the amendment to the title;
(b) the amendments to the preamble;
(c) the amendments to articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16;
(d) the replacement of Annex I by a new Annex I;
(e) the deletion of Annex II;
(f) the amendments to Annex III, renumbered as Annex II;
(g) the amendments to Annex IV, renumbered as Annex III;
(h) the addition of a new Annex IV;
2. Invites the Contracting Parties to accept these amendments at the earliest possible date after receiving copies thereof by notifying the appropriate instrument of acceptance to the Depositary in accordance with article 16 of the Barcelona Convention;
3. Also invites the Government of Spain to act as the Depositary for the adopted amendments to the Land-Based Sources Protocol and to receive the instruments of acceptance as provided in articles 16 and 29 of the Barcelona Convention.
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RESOLUTION II
Interim arrangements
The Conference,
Having adopted the amendments to the Protocol for the Protection of the Mediterranean Sea against ­Pollution from Land-Based Sources (hereinafter referred to as “the Land-Based Sources Protocol”),
Having regard to article 13 of the Convention for the Protection of the Mediterranean Sea against ­Pollution (hereinafter referred to as “the Barcelona Convention”) in which the United Nations Environment ­Programme has been designated as responsible for carrying out the secretariat functions of the Convention and of any protocol thereto,
Desirous of facilitating the earliest possible implementation of the amendments to the Land-Based Sources Protocol, especially in view of the amendments already adopted by the Conference of Plenipotentiaries on the Convention for the Protection of the Mediterranean Sea against Pollution and its related Protocols, held in Barcelona on 9 and 10 June 1995, but which have not yet entered into force,
1. Invites the Contracting Parties and the Executive Director of UNEP to ensure that the Tenth Ordinary Meeting of the Contracting Parties to the Convention for the Protection of the Mediterranean Sea against Pollution and its related Protocols (Tunisia 1997) considers the measures and actions necessary for the successful implementation of the amendments to the Land-Based Sources Protocol;
2. Calls on the Executive Director of UNEP to initiate consultations with the Contracting Parties on the workplan and timetable for meetings of experts to elaborate national and regional action plans and programmes containing measures and timetables for their implementation, as provided in the amendments to - the Land-Based Sources Protocol;
3. Invites the Executive Director of UNEP to establish cooperation with relevant regional and international organizations in activities related to the implementation of this Protocol and its annexes.
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AMENDMENTS TO THE PROTOCOL FOR THE PROTECTION OF
THE MEDITERRANEAN SEA AGAINST POLLUTION
FROM LAND-BASED SOURCES
A. TITLE
The title of the Protocol is amended as follows:
PROTOCOL FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES
B. PREAMBULAR PARAGRAPHS
The first preambular paragraph of the Protocol is amended as follows:
Being Parties to the Convention for the Protection of the Mediterranean Sea against Pollution, adopted at Barcelona on 16 February 1976 and amended on 10 June 1995,
The third preambular paragraph of the Protocol is amended as follows:
Noting the increasing environmental pressures resulting from human activities in the Mediterranean Sea Area, particularly in the fields of industrialization and urbanization, as well as the seasonal increase in the coastal population due to tourism,
The fourth preambular paragraph of the Protocol is amended as follows:
Recognizing the danger posed to the marine environment, living resources and human health by pollution from land-based sources and activities and the serious problems resulting therefrom in many coastal waters and river estuaries of the Mediterranean Sea, primarily due to the release of untreated, insufficiently treated or inadequately disposed of domestic or industrial discharges containing substances that are toxic, persistent and liable to bioaccumulate,
The following paragraph is added as the fifth preambular paragraph:
Applying the precautionary principle and the polluter pays principle, undertaking environmental impact assessment and utilizing the best available techniques and the best environmental practice, including clean production technologies, as provided for in article 4 of the Convention,
The sixth preambular paragraph of the Protocol is amended as follows:
Determined to take, in close cooperation, the necessary measures to protect the Mediterranean Sea against pollution from land-based sources and activities,
The following paragraph is added as the seventh preambular paragraph:
Taking into consideration the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities, adopted in Washington, D.C., on 3 November 1995,
C. ARTICLE 1
A title is inserted and the text is amended as follows:
GENERAL PROVISION
The Contracting Parties to this Protocol (hereinafter referred to as “the Parties”) shall take all appropriate measures to prevent, abate, combat and eliminate to the fullest possible extent pollution of the Mediterranean Sea Area caused by discharges from rivers, coastal establishments or outfalls, or emanating from any other land-based sources and activities within their territories, giving priority to the phasing out of inputs of substances that are toxic, persistent and liable to bioaccumulate.
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D. ARTICLE 2
A title is inserted, and the texts of paragraphs (a) and (d) are amended as follows:
DEFINITIONS
(a) “The Convention” means the Convention for the Protection of the Mediterranean Sea against Pollution, adopted at Barcelona on 16 February 1976 and amended on 10 June 1995;
(d) The “Hydrologic Basin” means the entire watershed area within the territories of the Contracting Parties, draining into the Mediterranean Sea Area as defined in article 1 of the Convention.
E. ARTICLE 3
A title is inserted and the following new paragraph is added:
PROTOCOL AREA
(abis) (renumbered as b))
(b) The hydrologic basin of the Mediterranean Sea Area;
Paragraph (b) is re-numbered as paragraph (c). Paragraph (c) is re-numbered as paragraph (d) and amended as follows:
(d) Brackish waters, coastal salt waters including marshes and coastal lagoons, and ground waters communicating with the Mediterranean Sea.
F. ARTICLE 4
A title is inserted and the texts of paragraphs I (a) and (b) are amended as follows:
PROTOCOL APPLICATION
1. This Protocol shall apply:
(a) To discharges originating from land-based point and diffuse sources and activities within the territories of the Contracting Parties that may affect directly or indirectly the Mediterranean Sea Area. These discharges shall include those which reach the Mediterranean Area, as defined in article 3(a), (c) and (d) of this Protocol, through coastal disposals, rivers, outfalls, canals, or other watercourses, including ground water flow, or through run-off and disposal under the seabed with access from land;
(b) To inputs of polluting substances transported by the atmosphere to the Mediterranean Sea Area from land-based sources or activities within the territories of the Contracting Parties under the conditions defined in annex III to this Protocol.
The following new paragraph is added:
3. The Parties shall invite States that are not parties to the Protocol and have in their territories parts of the hydrologic basin of the Mediterranean Area to cooperate in the implementation of the Protocol.
G. ARTICLE 5
A title is inserted and the texts of paragraphs 1, 2, and 4 are amended as follows:
GENERAL OBLIGATIONS
1. The Parties undertake to eliminate pollution deriving from land-based sources and activities, in particular to phase out inputs of the substances that are toxic, persistent and liable to bioaccumulate listed in annex I.
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2. To this end, they shall elaborate and implement, individually or jointly, as appropriate, national and regional action plans and programmes, containing measures and timetables for their implementation.
Paragraph 3 is deleted
4. (re-numbered as 3)
The priorities and timetables for implementing the action plans, programmes and measures shall be adopted by the Parties taking into account the elements set out in annex I and shall be periodically reviewed.
The following new paragraphs are added:
4. When adopting action plans, programmes and measures, the Parties shall take into account, either individually or jointly, the best available techniques and the best environmental practice including, where appropriate, clean production technologies, taking into account the criteria set forth in annex IV.
5. The Parties shall take preventive measures to reduce to the minimum the risk of pollution caused by accidents.
H. ARTICLE 6
A title is inserted and the text is replaced by the following:
AUTHORIZATION OR REGULATION SYSTEM
1. Point source discharges into the Protocol Area, and releases into water or air that reach and may affect the Mediterranean Area, as defined in article 3(a), (c) and (d) of this Protocol, shall be strictly subject to authorization or regulation by the competent authorities of the Parties, taking due account of the provisions of this Protocol and annex II thereto, as well as the relevant decisions or recommendations of the meetings of the Contracting Parties.
2. To this end, the Parties shall provide for systems of inspection by their competent authorities to assess compliance with authorizations and regulations.
3. The Parties may be assisted by the Organization, upon request, in establishing new, or strengthening existing, competent structures for inspection of compliance with authorizations and regulations. Such assistance shall include special training of personnel.
4. The Parties establish appropriate sanctions in case of non-compliance with the authorizations and regulations and ensure their application.
I. ARTICLE 7
A title is inserted. The texts of paragraph 1(e) and paragraph 3 are amended as follows:
COMMON GUIDELINES, STANDARDS AND CRITERIA
1.
(e) Specific requirements concerning the quantities of the substances discharged (listed in annex I), their concentration in effluents and methods of discharging them.
3. The action plans, programmes and measures referred to in articles 5 and 15 of this Protocol shall be adopted by taking into account, for their progressive implementation, the capacity to adapt and reconvert existing installations, the economic capacity of the Parties and their need for development.
J. ARTICLE 8
A title is inserted and the text is amended as follows:
MONITORING
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Within the framework of the provisions of, and the monitoring programmes provided for in article 12 of the Convention, and if necessary in cooperation with the competent international organizations, the Parties shall carry out at the earliest possible date monitoring activities and make access to the public of the findings in order:
(a) Systematically to assess, as far as possible, the levels of pollution along their coasts, in particular with regard to the sectors of activity and categories of substances listed in annex I, and periodically to provide information in this respect;
(b) To evaluate the effectiveness of action plans, programmes and measures implemented under this Protocol to eliminate to the fullest possible extent pollution of the marine environment.
K. ARTICLE 9
A title is inserted and the text is amended as follows:
SCIENTIFIC AND TECHNICAL COOPERATION
In conformity with article 13 of the Convention, the Parties shall cooperate in scientific and technological fields related to pollution from land-based sources and activities, particularly research on inputs, pathways and effects of pollutants and on the development of new methods for their treatment, reduction or elimination, as well as the development of clean production processes to this effect. To this end, the Parties shall, in particular, endeavour to:
The following new paragraph is added:
(c) Promote access to, and transfer of, environmentally sound technology including clean production technology.
L. ARTICLE 10
A title is inserted and the text is amended as follows:
TECHNICAL ASSISTANCE
1 . The Parties shall, directly or with the assistance of competent regional or other international organizations, bilaterally or multilaterally, cooperate with a view to formulating and, as far as possible, implementing programmes of assistance to developing countries, particularly in the fields of science, education and technology, with a view to preventing, reducing or, as appropriate, phasing out inputs of pollutants from land-based sources and activities and their harmful effects in the marine environment.
2. Technical assistance would include, in particular, the training of scientific and technical personnel, as well as the acquisition, utifization and production by those countries of appropriate equipment and, as appropriate, clean production technologies, on advantageous terms to be agreed upon among the Parties concerned.
M. ARTICLE 11
A title is inserted as follows:
TRANSBOUNDARY POLLUTION
N. ARTICLE 12
A title is inserted and the text of paragraph I is amended as follows:
SETTLEMENT OF DISPUTES
1. Taking into account article 28, paragraph 1, of the Convention, when land-based pollution originating from the territory of one Party is likely to prejudice directly the interests of one or more of the other Parties, the Parties concerned shall, at the request of one or more of them, undertake to enter into consultation with a view to seeking a satisfactory solution.
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O. ARTICLE 13
A title is inserted. The texts of paragraph 1, the first sentence of paragraph 2 and sub paragraph (d) of paragraph 2 are amended as follows:
REPORTS
1. The Parties shall submit reports every two years, unless decided otherwise by the Meeting of the Contracting Parties, to the meetings of the Contracting Parties, through the Organization, of measures taken, results achieved and, if the case arises, of difficulties encountered in the application of this Protocol. Procedures for the submission of such reports shall be determined at the meetings of the Parties.
2. Such reports shall include, inter alia:
(d) Action plans, programmes and measures implemented in accordance with articles 5, and 15 of this Protocol.
P. ARTICLE 14
A title 13 inserted. The texts of paragraph 1 and of sub-paragraphs (a), (c) and (f) of paragraph 2 are amended as follows:
MEETINGS
1. Ordinary meetings of the Parties shall take place in conjunction with ordinary meetings of the Contracting Parties to the Convention held pursuant to article 18 of the Convention. The Parties may also hold extraordinary meetings in accordance with article 18 of the Convention.
(a) To keep under review the implementation of this Protocol and to consider the efficacy of the action plans, programmes and measures adopted;
(c) To formulate and adopt action plans, programmes and measures in accordance with articles 5, 7 and 15 of this Protocol;
(f) To consider the reports submitted by the Parties under article 13 of this Protocol.
Q. ARTICLE 15
A title is inserted and the text of paragraph 1 is amended as follows:
ADOPTION OF ACTION PLANS, PROGRAMMES AND MEASURES
1. The meeting of the Parties shall adopt, by a two-thirds majority, the short-term and medium-term regional action plans and programmes containing measures and timetables for their implementation provided for in article 5 of this Protocol.
The text of paragraph 2 is replaced by the following:
2. Regional action plans and programmes as referred to in paragraph 1 shall be formulated by the Organization and considered and approved by the relevant technical body of the Contracting Parties within one year at the latest of the entry into force of the amendments to this Protocol. Such regional action plans and programmes shall be put on the agenda for the subsequent meeting of the Parties for adoption. The same procedure shall be followed for any additional action plans and programmes.
The following now paragraphs are added:
3. The measures and timetables adopted in accordance with paragraph 1 of this article shall be notified by the Secretariat to all the Parties. Such measures and timetables become binding on the one hundred and eightieth day following the day of notification for the Parties which have not notified the Secretariat of an objection within one hundred and seventy-nine days from the date of notification.
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4. The Parties which have notified an objection in accordance with the preceding paragraph shall inform the meeting of the Parties of the provisions they intend to take, it being understood that these Parties may at any time give their consent to these measures or timetables.
R. ARTICLE 16
A title inserted and the text of paragraph 2 is amended as follows:
FINAL PROVISIONS
2. The rules of procedure and the financial rules adopted pursuant to article 24 of the Convention shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise.
The text of the last paragraph is amended as follows:
DONE at Athens on 17 May 1980 and amended at Syracuse on 7 March 1996 in a single copy in the ­Arabic, English, French and Spanish languages, the four texts being equally authoritative.
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ANNEX I
Annex I is replaced by a new Annex I as follows:
ANNEX I
ELEMENTS TO BE TAKEN INTO ACCOUNT IN THE PREPARATION OF ACTION PLANS, ­PROGRAMMES AND MEASURES FOR THE ELIMINATION OF POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES
This annex contains elements which will be taken into account in the preparation of action plans, programmes and measures for the elimination of pollution from land-based sources and activities referred to in articles 5, 7 and 15 of this Protocol.
Such action plans, programmes and measures will aim to cover the sectors of activity listed in section A and also cover the groups of substances enumerated in section C, selected on the basis of the characteristics listed in section 8 of the present annex.
Priorities for action should be established by the Parties, on the basis of the relative importance of their impact on public health, the environment and socio-economic and cultural conditions. Such programmes should cover point sources, diffuse sources and atmospheric deposition.
In preparing action plans, programmes and measures, the Parties, in conformity with the Global ­Programme of Action for the Protection of the Marine Environment from Land-based Activities, adopted in Washington, D.C. in 1995, will give priority to substances that are toxic, persistent and liable to bioaccumulate, in ­particular to persistent organic pollutants (POPs), as well as to wastewater treatment and management.
A. SECTORS OF ACTIVITY
The following sectors of activity (not listed in order of priority) will be primarily considered when setting priorities for the preparation of action plans, programmes and measures for the elimination of the pollution from land-based sources and activities:
1. Energy production;
2. Fertilizer production;
3. Production and formulation of biocides;
4. The pharmaceutical industry;
5. Petroleum refining;
6. The paper and paper-pulp industry;
7. Cement production;
8. The tanning industry;
9. The metal industry;
10. Mining;
11. The shipbuilding and repairing industry;
12. Harbour operations;
13. The textile industry;
14. The electronic industry;
15. The recycling industry;
16. Other sectors of the organic chemical industry;
17. Other sectors of the inorganic chemical industry;
18. Tourism;
19. Agriculture;
20. Animal husbandry;
21. Food processing;
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22. Aquaculture;
23. Treatment and disposal of hazardous wastes;
24. Treatment and disposal of domestic waste water;
25. Management of municipal solid waste;
26. Disposal of sewage sludge;
27. The waste management industry;
28. Incineration of waste and management of its residues;
29. Works which cause physical alteration of the natural state of the coastline;
30. Transport.
B. CHARACTERISTICS OF SUBSTANCES IN THE ENVIRONMENT
For the preparation of action plans, programmes and measures, the Parties should take into account the characteristics listed below:
1. Persistence;
2. Toxicity or other noxious properties (e.g. carcinogenicity, mutagenicity, teratogenicity);
3. Bioaccumulation;
4. Radioactivity;
5. The ratio between observed concentrations and no observed effect concentrations (NOEC);
6. The risk of eutrophication of anthropogenic origin;
7. Health effects and risks;
8. Transboundary significance;
9. The risk of undesirable changes In the marine ecosystem and irreversibility or durability of effects;
10. Interference with the sustainable exploitation of living resources or with other legitimate uses of the sea;
11. Effects on the taste and/or smell of marine products for human consumption;
12. Effects on the smell, colour, transparency or other characteristics of seawater,
13. Distribution pattern (i.e. quantities involved, use patterns and probability of reaching the marine environment).
C. CATEGORIES OF SUBSTANCES
The following categories of substances and sources of pollution will serve as guidance in the preparation of action plans, programmes and measures:
1. Organohalogen compounds and substances which may form such compounds in the marine environment Priority will be given to Aldrin, Chlordane, DDT, Dieldrin, Dioxins and Furans, Endrin, Heptachlor, Hexachlorobenzene, Mirex, PCBs and Toxaphene;
2. Organophosphorus compounds and substances which may form such compounds in the marine environment;
3. Organotin compounds and substances which may form such compounds in the marine environment;
4. Polycyclic aromatic hydrocarbons;
5. Heavy metals and their compounds;
6. Used lubricating oils;
7. Radioactive substances, including their wastes, when their discharges do not comply with the principles of radiation protection as defined by the competent international organizations, taking into account the protection of the marine environment;
8. Biocides and their derivatives;
9. Pathogenic microorganisms;
10. Crude oils and hydrocarbons of petroleum origin;
11. Cyanides and fluorides;
12. Non-biodegradable detergents and other non-biodegradable surface-active substances;
13. Compounds of nitrogen and phosphorus and other substances which may cause eutrophication;
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14. Litter (any persistent manufactured or processed solid material which is discarded, disposed of, or abandoned in the marine and coastal environment);
15. Thermal discharges;
16. Acid or alkaline compounds which may impair the quality of water;
17. Non-toxic substances that have an adverse effect on the oxygen content of the marine environment;
18. Non-toxic substances that may interfere with any legitimate use of the sea;
19. Non-toxic substances that may have adverse effects on the physical or chemical characteristics of seawater.
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ANNEX II
Annex II is deleted.
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ANNEX III
Annex III is re-numbered as Annex II. A title is added and the introductory paragraph is amended as follows:
ANNEX II ELEMENTS TO BE TAKEN INTO ACCOUNT IN THE ISSUE OF
THE AUTHORIZATIONS FOR DISCHARGES OF WASTES
With a view to the issue of an authorization for the discharges of wastes containing substances referred to in article 6 to this Protocol, particular account will be taken, as the case may be, of the following factors:
The title and paragraphs 1, 2, 3, 6 and 7 of section A are amended as follows:
A. CHARACTERISTICS AND COMPOSITION OF THE DISCHARGES
1. Type and size of point or diffuse source (e.g. industrial process).
2. Type of discharges (e.g. origin, average composition).
3. State of waste (e.g. solid, liquid, sludge, slurry).
6. Concentrations with respect to relevant constituents of substances listed in annex I and of other substances as appropriate.
7. Physical, chemical and biochemical properties of the waste discharges.
The title of section B is amended and a new paragraph is added.
B. CHARACTERISTICS OF DISCHARGE CONSTITUENTS WITH RESPECT TO THEIR ­HARMFULNESS
7. All other characteristics as listed in annex I, section B.
The title and paragraph 3 of section C are amended as follows:
C. CHARACTERISTICS OF DISCHARGE SITE AND RECEIVING ENVIRONMENT
3. Initial dilution achieved at the point of discharge into the receiving environment.
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ANNEX IV
Annex IV is re-numbered as Annex III. A title is added and paragraphs 1, 2, 3 and 5 are amended as follows:
ANNEX III
CONDITIONS OF APPLICATION TO POLLUTION TRANSPORTED THROUGH THE ATMOSPHERE
1. This Protocol shall apply to polluting discharges into the atmosphere under the following conditions:
(a) the discharged substance is or could be transported to the Mediterranean Sea Area under prevailing meteorological conditions;
(b) the input of the substance into the Mediterranean Sea Area is hazardous for the environment in relation to the quantities of the same substance reaching the Area by other means.
2. This Protocol shall also apply to polluting discharges into the atmosphere affecting the Mediterranean Sea Area from land-based sources within the territories of the Parties and from fixed man-made offshore structures, subject to the provisions of article 4.2 of this Protocol.
3. In the case of pollution of the Mediterranean Sea Area from land-based sources through the atmosphere, the provisions of articles 5 and 6 of this Protocol shall apply progressively to appropriate substances and sources listed in annex I to this Protocol as will be agreed by the Parties.
5. The provisions of annex II to this Protocol shall apply to pollution through the atmosphere whenever appropriate. Air pollution monitoring and modelling using acceptable common emission factors and methodologies shall be carried out in the assessment of atmospheric deposition of substances, as well as in the compilation of inventories of quantities and rates of pollutant emissions into the atmosphere from land-based sources.
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ANNEX IV
A new Annex IV is added as follows:
ANNEX IV
CRITERIA FOR THE DEFINITION OF BEST AVAILABLE TECHNIQUES
AND BEST ENVIRONMENTAL PRACTICE
A. BEST AVAILABLE TECHNIQUES
1. The use of the best available techniques shall emphasize the use of non-waste technology, if available.
2. The term “best available techniques” means the latest stage of development (state of the art) of processes, of facilities or of methods of operation which indicate the practical suitability of a particular measure for limiting discharges, emissions and waste. In determining whether a set of processes, facilities and methods of operation constitute the best available techniques in general or individual cases, special consideration shall be given to:
(a) comparable processes, facilities or methods of operation which have recently been successfully tried out;
(b) technological advances and changes in scientific knowledge and understanding;
(c) the economic feasibility of such techniques;
(d) time limits for installation in both new and existing plants;
(e) the nature and volume of the discharges and emissions concerned.
3. It therefore follows that what is “best available techniques” for a particular process will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.
4. If the reduction of discharges and emissions resulting from the use of best available techniques does not lead to environmentally acceptable results, additional measures have to be applied.
5. “Techniques” include both the technology used and the way in which the installation is designed, built, maintained, operated and dismantled.
B. BEST ENVIRONMENTAL PRACTICE
6. The term “best environmental practice” means the application of the most appropriate combination of environmental control measures and strategies. In making a selection fur individual cases, at least the following graduated range of measures should be considered:
(a) the provision of information and education to the public and to users about the environmental consequences of choice of particular activities and choice of products, their use and ultimate disposal;
(b) the development and application of codes of good environmental practice which cover all aspects of the activity in the product’s life;
(c) the mandatory application of labels informing users of environmental risks related to a product, its use and ultimate disposal;
(d) saving resources, including energy;
(e) making collection and disposal systems available to the public;
(f) avoiding the use of hazardous substances or products and the generation of hazardous waste;
Multilateral / Pollution of the Environment 

(g) recycling, recovery and re-use;
(h) the application of economic instruments to activities, products or groups of products;
(i) establishing a system of licensing, involving a range of restrictions or a ban.
7. In determining what combination of measures constitute best environmental practice, in general or individual cases, particular consideration should be given to:
(a) the environmental hazard of the product and its production, use and ultimate disposal;
(b) the substitution by less polluting activities or substances;
(c) the scale of use;
(d) the potential environmental benefit or penalty of substitute materials or activities;
(e) advances and changes in scientific knowledge and understanding;
(f) time limits for implementation;
(g) social and economic implications.
8. It therefore follows that best environmental practice for a particular source will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.
9. If the reduction of inputs resulting from the use of best environmental practice does not lead to environmentally acceptable results, additional measures have to be applied and best environmental practice redefined.

888 The Marine Mammal Commission Compendium