Protocol Concerning Regional Cooperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency

The Contracting Parties to the present Protocol,

Being Parties to the Convention for the Protection of the Mediterranean Sea against
Pollution,

Recognizing that grave pollution of the sea by oil and other harmful substances in the
Mediterranean Sea Area involves a danger for the coastal States and the marine ecosystem,

Considering that the cooperation of all the coastal States of the Mediterranean is called for to
combat this pollution,

Bearing in mind the International Convention for the Prevention of Pollution from Ships,
1973, the International Convention relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969, as well as the Protocol relating to Intervention on the High Seas in Cases
of Marine Pollution by Substances Other than Oil, 1973,

Further taking into account the International Convention on Civil Liability for Oil Pollution
Damage, 1969,

Have agreed as follows:

Article 1
The Contracting Parties to this Protocol (hereinafter referred to as “the Parties”) shall
cooperate in taking the necessary measures in cases of grave and imminent danger to the marine
environment, the coast or related interests of one or more of the Parties due to the presence of
massive quantities of oil or other harmful substances resulting from accidental causes or an
accumulation of small discharges which are polluting or threatening to pollute the sea within the area
defined in article 1 of the Convention for the Protection of the Mediterranean Sea against Pollution
(hereinafter referred to as “the Convention”).

The Protocol concerning Cooperation in Combating Pollution of the Mediterranean Sea by
Oil and Other Harmful Substances in Cases of Emergency (the Emergency Protocol) was
adopted on 16 February 1976 by the Conference of Plenipotentiaries of the Coastal States
of the Mediterranean Region for the Protection of the Mediterranean Sea, held in
Barcelona. The Protocol entered into force on 12 February 1978.

Article 2
For the purpose of this Protocol, the term “related interests” means the interests of a coastal
State directly affected or threatened and concerning, among others:
(a) Activities in coastal waters, in ports or estuaries, including fishing activities;
(b) The historical and tourist appeal of the area in question, including water sports and
recreation;
(c) The health of the coastal population;
(d) The preservation of living resources.

Article 3
The Parties shall endeavor to maintain and promote, either individually or through bilateral
or multilateral cooperation, their contingency plans and means for combating pollution of the sea by
oil and other harmful substances. These means shall include, in particular, equipment, ships, aircraft
and manpower prepared for operations in cases of emergency.

Article 4
The Parties shall develop and apply, either individually or through bilateral or multilateral
cooperation, monitoring activities covering the Mediterranean Sea Area in order to have as precise
information as possible on the situation referred to in article 1 of this Protocol.

Article 5
In the case of release or loss overboard of harmful substances in packages, freight containers,
portable tanks or road and rail tank wagons, the Parties shall cooperate as far as practicable in the
salvage and recovery of such substances so as to reduce the danger of pollution of the marine
environment.

Article 6
1. Each Party undertakes to disseminate to the other Parties information concerning:

(a) The competent national organization or authorities responsible for combating
pollution of the sea by oil and other harmful substances;
(b) The competent national authorities responsible for receiving reports of pollution of
the sea by oil and other harmful substances and for dealing with matters concerning measures of
assistance between Parties;
Emergency Protocol
(c) New ways in which pollution of the sea by oil and other harmful substances may be
avoided, new measures of combating pollution and the development of research programs.

2. Parties which have agreed to exchange information directly between themselves
shall nevertheless communicate such information to the regional center. The latter shall
communicate this information to the other Parties and, on a basis of reciprocity, to coastal States of
the Mediterranean Sea Area which are not Parties to this Protocol.

Article 7
The Parties undertake to coordinate the utilization of the means of communication at their
disposal in order to ensure, with the necessary speed and reliability, the reception, transmission and
dissemination of all reports and urgent information which relate to the occurrences and situations
referred to in article 1. The regional center shall have the necessary means of communication to
enable it to participate in this coordinated effort and, in particular, to fulfill the functions assigned to
it by paragraph 2 of article 10.

Article 8
1. Each Party shall issue instructions to the masters of ships flying its flag and to the
pilots of aircraft registered in its territory requiring them to report by the most rapid and adequate
channels in the circumstances, and in accordance with annex I to this Protocol, either to a Party or to
the regional center:

(a) All accidents causing or likely to cause pollution of the sea by oil or other harmful
substances;
(b) The presence, characteristics and extent of spillages of oil or other harmful
substances observed at sea which are likely to present a serious and imminent threat to the marine
environment or to the coast or related interests of one or more of the Parties.

2. The information collected in accordance with paragraph 1 shall be communicated to
the other Parties likely to be affected by the pollution:

(a) By the Party which has received the information, either directly or preferably,
through the regional center; or
(b) By the regional center.

In case of direct communication between Parties, the regional center shall be informed of the
measures taken by these Parties.
3. In consequence of the application of the provisions of paragraph 2, the Parties are
not bound by the obligation laid down in article 9, paragraph 2, of the Convention.

Article 9
1. Any Party faced with a situation of the kind defined in article 1 of this Protocol
shall:

(a) Make the necessary assessments of the nature and extent of the casualty or
emergency or, as the case may be, of the type and approximate quantity of oil or other harmful
substances and the direction and speed or drift of the spillage;
(b) Take every practicable measure to avoid or reduce the effects of pollution;
(c) Immediately inform all other Parties, either directly or through the regional center,
of these assessments and of any action which it has taken or which it intends to take to combat the
pollution;
(d) Continue to observe the situation for as long as possible and report thereon in
accordance with article 8.

2. Where action is taken to combat pollution originating from a ship, all possible
measures shall be taken to safeguard the persons present on board and, to the extent possible, the
ship itself. Any Party which takes such action shall inform the Inter-Governmental Maritime
Consultative Organization.

Article 10
1. Any Party requiring assistance for combating pollution by oil or other harmful
substances polluting or threatening to pollute its coasts may call for assistance from other Parties,
either directly or through the regional center referred to in article 6, starting with the Parties which
appear likely to be affected by the pollution. This assistance may comprise, in particular, expert
advice and the supply to or placing at the disposal of the Party concerned of products, equipment and
nautical facilities. Parties so requested shall use their best endeavors to render this assistance.
2. Where the Parties engaged in an operation to combat pollution cannot agree on the
organization of the operation, the regional center may, with their approval, coordinate the activity of
the facilities put into operation by these Parties.

Article 11
The application of the relevant provisions of articles 6, 7, 8, 9 and 10 of this Protocol
relating to the regional center shall be extended, as appropriate, to sub-regional centers in the event
of their establishment, taking into account their objectives and functions and their relationship with
the said regional center.

Article 12
1. Ordinary meetings of the Parties to this Protocol shall be held in conjunction with
ordinary meetings of the Contracting Parties to the Convention, held pursuant to article 14 of the
Convention. The Parties to this Protocol may also hold extraordinary meetings as provided in article
18 of the Convention.
2. It shall be the function of the meetings of the Parties to this Protocol, in particular:

(a) To keep under review the implementation of this Protocol, and to consider the
efficacy of the measures adopted and the need for any other measures, in particular in the form of
annexes;
(b) To review and amend as required any annex to this Protocol;
(c) To discharge such other functions as may be appropriate for implementation of this
Protocol.

Article 13
1. The provisions of the Convention relating to any protocol shall apply with respect to
the present Protocol.
2. The rules of procedure and the financial rules adopted pursuant to article 24 of the
Convention shall apply with respect to this Protocol, unless the Parties to this Protocol agree
otherwise.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Protocol.

DONE at Barcelona on 16 February 1976 in a single copy in the Arabic, English, French
and Spanish languages, the four texts being equally authoritative.
MAP Phase II and the Barcelona Convention and its Protocols

ANNEX I
CONTENTS OF THE REPORT TO BE MADE PURSUANT
TO ARTICLE 8 OF THIS PROTOCOL

1. Each report shall, as far as possible, contain, in general:

(a) The identification of the source of pollution (identity of the ship, where appropriate);
(b) The geographic position, time and date of the occurrence of the incident or of the
observation;
(c) The wind and sea conditions prevailing in the area; and
(d) Where the pollution originates from a ship, relevant details respecting the condition
of the ship.

2. Each report shall contain, whenever possible, in particular:

(a) A clear indication or description of the harmful substances involved, including the
correct technical names of such substances (trade names should not be used in place of the correct
technical names);
(b) A statement or estimate of the quantities, concentrations and likely condition of
harmful substances discharged or likely to be discharged into the sea;
(c) Where relevant, a description of the packaging and identifying marks; and
(d) The name of the consignor, consignee or manufacturer.

3. Each report shall clearly indicate, whenever possible, whether the harmful substance
discharged or likely to be discharged is oil or a noxious liquid, solid or gaseous substance and
whether such substance was or is carried in bulk or contained in packaged form, freight containers,
portable tanks, or road and rail tank wagons.
4. Each report shall be supplemented, as necessary, by any relevant information
requested by a recipient of the report or deemed appropriate by the person sending the report.
5. Any of the persons referred to in article 8, paragraph 1 of this Protocol shall:

(a) Supplement as far as possible the initial report, as necessary, with information
concerning further developments; and
(b) Comply as fully as possible with requests from affected States for additional
information.