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Barcelona Convention: protecting the Mediterranean Sea
| The Barcelona Convention of 1976, amended in 1995, and the Protocols drawn up in line with this Convention aim to reduce pollution in the Mediterranean Sea and protect and improve the marine environment in the area, thereby contributing to its sustainable development. |
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ACTS
Council Decision 77/585/EEC of 25 July 1977 concluding the Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft.
Council Decision 81/420/EEC of 19 May 1981 on the conclusion of the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency.
Council Decision 83/101/EEC of 28 February 1983 concluding the Protocol for the protection of the Mediterranean Sea against pollution from land-based sources.
Council Decision 84/132/EEC of 1 March 1984 on the conclusion of the Protocol concerning Mediterranean specially protected areas.
Council Decision 1999/800/EC of 22 October 1999 on concluding the Protocol concerning specially protected areas and biological diversity in the Mediterranean, and on accepting the annexes to that Protocol (Barcelona Convention).
Council Decision 1999/801/EC of 22 October 1999 on accepting the amendments to the Protocol for the protection of the Mediterranean Sea against pollution from land-based sources (Barcelona Convention).
Council Decision 1999/802/EC of 22 October 1999 on the acceptance of amendments to the Convention for the Protection of the Mediterranean Sea against Pollution and to the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft (Barcelona Convention).
Council Decision 2004/575/EC of 29 April 2004 on the conclusion, on behalf of the European Community, of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea.
SUMMARY
Decision 77/585/EEC enables the Community to accede to the Convention for the protection of the Mediterranean Sea against pollution (Barcelona Convention) and the Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft. The purpose of these two instruments, together with the protocols to which the Community has subsequently acceded (by Decisions 81/420/EEC, 83/101/EEC and 84/132/EEC), is to limit pollution in the Mediterranean region. They were signed in 1976 by all the Member States (Greece, Spain, France, Italy) and non-member countries bordering on the Mediterranean (a total of 21 countries). In 1999 the Council adopted a series of Decisions on amendments to the Convention and two of the existing Protocols as well as a new Protocol concerning specially protected areas and biological diversity in the Mediterranean. Furthermore, in 2002 the Community signed a sixteenth Protocol to the Barcelona Convention to which it acceded through Council Decision 2004/575/EC.
Barcelona Convention
The Contracting Parties to the Convention will individually or jointly take all appropriate measures to protect and improve the Mediterranean marine environment in order to contribute to sustainable development in the area and to prevent, abate, combat and, as far as possible, eliminate pollution in this area. The Parties give particular attention to four types of pollution:
- pollution caused by dumping from ships and aircraft;
- pollution from ships;
- pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil;
- pollution from land-based sources.
The Convention lays down provisions on cooperation and information among the Parties in the event of a critical situation causing pollution in the area of the Mediterranean Sea in order to reduce or eliminate any damage resulting.
The Parties also undertake to endeavour to establish continuous pollution monitoring.
They cooperate in the fields of science and technology and work out appropriate procedures for the determination of liability and compensation for damage resulting from pollution deriving from violations of the provisions of the Convention.
For the settlement of any disputes arising between the Parties as to the interpretation or application of the Convention, the text of the Convention provides for the settlement of disputes and for arbitration.
The Parties must cooperate in working out procedures to supervise the application of the Convention.
The United Nations Environment Programme will carry out secretariat functions in the framework of the implementation of the Convention (convening and preparing meetings, coordination, etc.).
Council Decision 1999/802/EC concerns a number of amendments to the Convention which were accepted by the Community in 1995. These amendments concern, in particular, the extension of the Convention's geographical field of application to the coast, the application of the precautionary and "polluter pays" principles, the obligation on the Parties to carry out and promote impact assessments, protect and preserve biological diversity as well as combat pollution from cross-border movements of dangerous waste, and access to information and public participation.
Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft
The Protocol covers only pollution of the region of the Mediterranean Sea caused by ships and aircraft.
Dumping of certain types of waste and matter (toxic organohalogen and organosilicon compounds, mercury, cadmium, plastics, crude oil, etc.) is prohibited.
Dumping of other matter or types of waste (arsenic, lead, copper, zinc, chrome, nickel, containers, scrap metal, certain types of pesticides, etc.) is subject to the prior issue of a permit by the competent national authorities.
Such permits may be issued only after careful consideration of a number of factors (characteristics and composition of the matter, characteristics of dumping site and method of deposit, general considerations and conditions).
Ships and aircraft used for other than governmental and non-commercial purposes are excluded from the scope of the Protocol.
Council Decision 1999/802/EC concerns a number of amendments to the Protocol which were accepted by the Community in 1995. These amendments concern, in particular, the clarification of terms defined by the Protocol, waste or other matter authorised for dumping subject to the issue of a special permit, the ban on incineration at sea, and the procedure to follow in the event of a critical and exceptional situation.
Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency.
This Protocol stipulates that the Parties will cooperate when a huge quantity of oil and/or other harmful substances in the Mediterranean Sea, whether accidental or cumulative, presents a serious and imminent danger to the marine environment, the coast or the economic, health or ecological interests of one or more Parties.
This cooperation focuses on drawing up emergency plans, promoting measures for combating oil pollution in the sea, monitoring and exchanging information regarding the state of the Mediterranean Sea, disseminating information on the organisation of resources and on new methods to prevent and combat pollution, and developing research programmes on the subject.
The Protocol requires all Parties facing a critical situation to carry out the necessary, precise evaluations concerning the nature and the size of the accident, take all measures likely to reduce or eliminate the effects of this pollution, and inform other Parties, either directly or through the Regional Centre for the Mediterranean Sea created by the Barcelona Convention, of these evaluations and actions undertaken.
Protocol for the protection of the Mediterranean Sea against pollution from land-based sources
The purpose of this Protocol is to combat pollution in the Mediterranean Sea caused by discharges from rivers, outfalls, canals or other watercourses, or pollution emanating from any other source or activity within the territory of the States party to the Protocol.
The Protocol lists the substances of which discharge is prohibited, and the factors which should be taken into account in order to eliminate pollution from these substances. It also lists substances for which discharge is subject to authorisation by the competent national authorities. This authorisation must take particular account of the characteristics and composition of the waste, the characteristics of the elements in the waste in terms of harmfulness, the characteristics of the place where the waste is discharged and the marine environment it is entering, the techniques available to manage the waste, as well as possible damage to marine ecosystems and its effect on sea water usage.
The Protocol also stipulates cooperation regarding research and information, and the adoption of appropriate programmes, measures and standards aimed at reducing or eliminating the targeted substances.
Council Decision 1999/801/EC concerns a number of amendments to the Protocol which were accepted by the Community in 1996. These amendments concern, in particular, the application of the precautionary principle, the extension of the scope of the Protocol to airborne pollution of land-based origin, the regulatory system for waste discharge, the continued monitoring of pollution levels, and technical assistance to developing countries.
Protocol concerning specially protected areas and biological diversity in the Mediterranean
The Protocol concerning specially protected areas in the Mediterranean, to which the Community acceded in 1984, protects natural resources in the Mediterranean region, preserves the diversity of the gene pool and protects certain natural sites by creating a series of specially preserved areas.
Council Decision 1999/800/EC allows the Community to accede to the new Protocol, signed in 1995, concerning specially protected areas and biological diversity in the Mediterranean.
The new Protocol makes the distinction between specially protected areas (already provided for in the former Protocol) and specially protected areas of Mediterranean importance.
It stipulates that the Parties develop guidelines for establishing and managing protected areas and lists a certain number of appropriate measures which the Parties must adopt in order to ensure the identified areas are protected. These measures include: prohibiting the discharge or unloading of waste, regulating shipping operations, regulating the introduction of any non-indigenous or genetically modified species, and any other measures protecting the ecological and biological processes and the countryside.
Furthermore, it introduces national or local measures which the Parties must take in order to protect animal and plant species throughout the Mediterranean area.
The Protocol also provides for exemptions to be granted because of traditional activities carried out by local populations. However, these exemptions must not compromise the preservation of the protected ecosystems, nor the biological processes making up these ecosystems, nor must they cause the extinction or a substantial fall in numbers of any species or animal or plant populations included within the protected ecosystems.
The annexes to the new Protocol include a list of common criteria which the Parties must respect when choosing which marine and coastal areas are to be protected under the system of specially protected areas of Mediterranean importance. The annexes also list threatened or endangered species as well as including a list of species whose exploitation is regulated.
Protocol concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea
This Protocol updates the legal mechanisms in the Barcelona Convention by incorporating in it measures concerning cooperation between Parties regarding prevention and, in cases of emergency, combating pollution in the Mediterranean caused by ships. It also endeavours to promote the development and implementation of international regulations adopted in the framework of the International Maritime Organization.
Cooperation focuses on maintaining and promoting emergency plans and other means for preventing and combating pollution from ships, adequate monitoring of the Mediterranean Sea, efforts to recover harmful and potentially dangerous substances, as well as disseminating and exchanging information.
The Protocol also stipulates operational measures which the Parties must take in the event of pollution caused by ships (evaluation, elimination/reduction, information measures), as well as emergency measures which must be taken on board ships, in offshore installations and in ports (in particular the availability of and compliance with emergency plans).
REFERENCES
| Act | Entry into force - Date of expiry | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Council Decision 77/585/EEC | 25.7.1977 | - | OJ L 240 of 19.9.1977 |
| Council Decision 81/420/EEC | 19.5.1981 | - | OJ L 162 of 19.6.1981 |
| Council Decision 83/101/EEC | 28.2.1983 | - | OJ L 67 of 12.3.1983 |
| Council Decision 84/132/EEC | 1.3.1984 | - | OJ L 68 of 10.3.1984 |
| Council Decision 1999/800/EC | 22.10.1999 | - | OJ L 322 of 14.12.1999 |
| Council Decision 1999/801/EC | 22.10.1999 | - | OJ L 322 of 14.12.1999 |
| Council Decision 1999/802/EC | 22.10.1999 | - | OJ L 322 of 14.12.1999 |
| Council Decision 2004/575/EC | 29.4.2004 | - | OJ L 261 of 6.8.2004 |
RELATED ACTS
Communication from the Commission of 5 September 2006 "Establishing an Environment Strategy for the Mediterranean" [ COM(2006) 475 final - Not published in the Official Journal].
The Commission outlines the essential features of a coordinated strategy for the Mediterranean basin to protect the marine environment and the coastline of this region and to reduce pollution by 2020. This strategy is based on enhanced cooperation between the countries concerned in the political, financial and technical arenas, and provides for the accomplishment of targeted activities, planned within a common initiative known as "Horizon 2020".
Commission Green Paper of 7 June 2006 "Towards a future Maritime Policy for the Union: A European vision for the oceans and seas" [ COM(2006) 275 final - Not published in the Official Journal].
This Green Paper sets out the different aspects of a future Community maritime policy. It highlights Europe's maritime identity and leadership, which is worth preserving at a time when environmental pressures are threatening the future of maritime activities. Consequently, maritime policy must aim to promote a maritime industry that is innovative, competitive and environmentally-friendly. In addition to maritime activities, it also proposes that the approach include the issue of quality of life in coastal regions. With this aim in mind, the Green Paper considers what new tools and modes of maritime governance should be developed.
Last updated: 26.2.2007