{"id":3629,"date":"2019-06-10T12:25:16","date_gmt":"2019-06-10T12:25:16","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3629"},"modified":"2019-06-10T12:54:26","modified_gmt":"2019-06-10T12:54:26","slug":"protocol-concerning-regional-cooperation-in-combating-pollution-by-oil-and-other-harmful-substances-in-cases-of-emergency","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3629","title":{"rendered":"Protocol Concerning Regional Cooperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency"},"content":{"rendered":"<p>The Contracting Parties to the present Protocol,<\/p>\n<p><em><strong>Being<\/strong><\/em> Parties to the Convention for the Protection of the Mediterranean Sea against<br \/>\nPollution,<\/p>\n<p><em><strong>Recognizing<\/strong><\/em> that grave pollution of the sea by oil and other harmful substances in the<br \/>\nMediterranean Sea Area involves a danger for the coastal States and the marine ecosystem,<!--more--><\/p>\n<p><em><strong>Considering<\/strong><\/em> that the cooperation of all the coastal States of the Mediterranean is called for to<br \/>\ncombat this pollution,<\/p>\n<p><em><strong>Bearing<\/strong><\/em> in mind the International Convention for the Prevention of Pollution from Ships,<br \/>\n1973, the International Convention relating to Intervention on the High Seas in Cases of Oil<br \/>\nPollution Casualties, 1969, as well as the Protocol relating to Intervention on the High Seas in Cases<br \/>\nof Marine Pollution by Substances Other than Oil, 1973,<\/p>\n<p><em><strong>Further<\/strong><\/em> taking into account the International Convention on Civil Liability for Oil Pollution<br \/>\nDamage, 1969,<\/p>\n<p>Have agreed as follows:<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 1<\/strong><\/em><\/span><br \/>\nThe Contracting Parties to this Protocol (hereinafter referred to as &#8220;the Parties&#8221;) shall<br \/>\ncooperate in taking the necessary measures in cases of grave and imminent danger to the marine<br \/>\nenvironment, the coast or related interests of one or more of the Parties due to the presence of<br \/>\nmassive quantities of oil or other harmful substances resulting from accidental causes or an<br \/>\naccumulation of small discharges which are polluting or threatening to pollute the sea within the area<br \/>\ndefined in article 1 of the Convention for the Protection of the Mediterranean Sea against Pollution<br \/>\n(hereinafter referred to as &#8220;the Convention&#8221;).<\/p>\n<p>The Protocol concerning Cooperation in Combating Pollution of the Mediterranean Sea by<br \/>\nOil and Other Harmful Substances in Cases of Emergency (the Emergency Protocol) was<br \/>\nadopted on 16 February 1976 by the Conference of Plenipotentiaries of the Coastal States<br \/>\nof the Mediterranean Region for the Protection of the Mediterranean Sea, held in<br \/>\nBarcelona. The Protocol entered into force on 12 February 1978.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 2<\/strong><\/em><\/span><br \/>\nFor the purpose of this Protocol, the term &#8220;related interests&#8221; means the interests of a coastal<br \/>\nState directly affected or threatened and concerning, among others:<br \/>\n(a) Activities in coastal waters, in ports or estuaries, including fishing activities;<br \/>\n(b) The historical and tourist appeal of the area in question, including water sports and<br \/>\nrecreation;<br \/>\n(c) The health of the coastal population;<br \/>\n(d) The preservation of living resources.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 3<\/strong><\/em><\/span><br \/>\nThe Parties shall endeavor to maintain and promote, either individually or through bilateral<br \/>\nor multilateral cooperation, their contingency plans and means for combating pollution of the sea by<br \/>\noil and other harmful substances. These means shall include, in particular, equipment, ships, aircraft<br \/>\nand manpower prepared for operations in cases of emergency.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 4<\/strong><\/em><\/span><br \/>\nThe Parties shall develop and apply, either individually or through bilateral or multilateral<br \/>\ncooperation, monitoring activities covering the Mediterranean Sea Area in order to have as precise<br \/>\ninformation as possible on the situation referred to in article 1 of this Protocol.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 5<\/strong><\/em><\/span><br \/>\nIn the case of release or loss overboard of harmful substances in packages, freight containers,<br \/>\nportable tanks or road and rail tank wagons, the Parties shall cooperate as far as practicable in the<br \/>\nsalvage and recovery of such substances so as to reduce the danger of pollution of the marine<br \/>\nenvironment.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 6<\/strong><\/em><\/span><br \/>\n1. Each Party undertakes to disseminate to the other Parties information concerning:<\/p>\n<p style=\"padding-left: 40px;\">(a) The competent national organization or authorities responsible for combating<br \/>\npollution of the sea by oil and other harmful substances;<br \/>\n(b) The competent national authorities responsible for receiving reports of pollution of<br \/>\nthe sea by oil and other harmful substances and for dealing with matters concerning measures of<br \/>\nassistance between Parties;<br \/>\nEmergency Protocol<br \/>\n(c) New ways in which pollution of the sea by oil and other harmful substances may be<br \/>\navoided, new measures of combating pollution and the development of research programs.<\/p>\n<p>2. Parties which have agreed to exchange information directly between themselves<br \/>\nshall nevertheless communicate such information to the regional center. The latter shall<br \/>\ncommunicate this information to the other Parties and, on a basis of reciprocity, to coastal States of<br \/>\nthe Mediterranean Sea Area which are not Parties to this Protocol.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 7<\/strong><\/em><\/span><br \/>\nThe Parties undertake to coordinate the utilization of the means of communication at their<br \/>\ndisposal in order to ensure, with the necessary speed and reliability, the reception, transmission and<br \/>\ndissemination of all reports and urgent information which relate to the occurrences and situations<br \/>\nreferred to in article 1. The regional center shall have the necessary means of communication to<br \/>\nenable it to participate in this coordinated effort and, in particular, to fulfill the functions assigned to<br \/>\nit by paragraph 2 of article 10.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 8<\/strong><\/em><\/span><br \/>\n1. Each Party shall issue instructions to the masters of ships flying its flag and to the<br \/>\npilots of aircraft registered in its territory requiring them to report by the most rapid and adequate<br \/>\nchannels in the circumstances, and in accordance with annex I to this Protocol, either to a Party or to<br \/>\nthe regional center:<\/p>\n<p style=\"padding-left: 40px;\">(a) All accidents causing or likely to cause pollution of the sea by oil or other harmful<br \/>\nsubstances;<br \/>\n(b) The presence, characteristics and extent of spillages of oil or other harmful<br \/>\nsubstances observed at sea which are likely to present a serious and imminent threat to the marine<br \/>\nenvironment or to the coast or related interests of one or more of the Parties.<\/p>\n<p>2. The information collected in accordance with paragraph 1 shall be communicated to<br \/>\nthe other Parties likely to be affected by the pollution:<\/p>\n<p style=\"padding-left: 40px;\">(a) By the Party which has received the information, either directly or preferably,<br \/>\nthrough the regional center; or<br \/>\n(b) By the regional center.<\/p>\n<p>In case of direct communication between Parties, the regional center shall be informed of the<br \/>\nmeasures taken by these Parties.<br \/>\n3. In consequence of the application of the provisions of paragraph 2, the Parties are<br \/>\nnot bound by the obligation laid down in article 9, paragraph 2, of the Convention.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 9<\/strong><\/em><\/span><br \/>\n1. Any Party faced with a situation of the kind defined in article 1 of this Protocol<br \/>\nshall:<\/p>\n<p style=\"padding-left: 40px;\">(a) Make the necessary assessments of the nature and extent of the casualty or<br \/>\nemergency or, as the case may be, of the type and approximate quantity of oil or other harmful<br \/>\nsubstances and the direction and speed or drift of the spillage;<br \/>\n(b) Take every practicable measure to avoid or reduce the effects of pollution;<br \/>\n(c) Immediately inform all other Parties, either directly or through the regional center,<br \/>\nof these assessments and of any action which it has taken or which it intends to take to combat the<br \/>\npollution;<br \/>\n(d) Continue to observe the situation for as long as possible and report thereon in<br \/>\naccordance with article 8.<\/p>\n<p>2. Where action is taken to combat pollution originating from a ship, all possible<br \/>\nmeasures shall be taken to safeguard the persons present on board and, to the extent possible, the<br \/>\nship itself. Any Party which takes such action shall inform the Inter-Governmental Maritime<br \/>\nConsultative Organization.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 10<\/strong><\/em><\/span><br \/>\n1. Any Party requiring assistance for combating pollution by oil or other harmful<br \/>\nsubstances polluting or threatening to pollute its coasts may call for assistance from other Parties,<br \/>\neither directly or through the regional center referred to in article 6, starting with the Parties which<br \/>\nappear likely to be affected by the pollution. This assistance may comprise, in particular, expert<br \/>\nadvice and the supply to or placing at the disposal of the Party concerned of products, equipment and<br \/>\nnautical facilities. Parties so requested shall use their best endeavors to render this assistance.<br \/>\n2. Where the Parties engaged in an operation to combat pollution cannot agree on the<br \/>\norganization of the operation, the regional center may, with their approval, coordinate the activity of<br \/>\nthe facilities put into operation by these Parties.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 11<\/strong><\/em><\/span><br \/>\nThe application of the relevant provisions of articles 6, 7, 8, 9 and 10 of this Protocol<br \/>\nrelating to the regional center shall be extended, as appropriate, to sub-regional centers in the event<br \/>\nof their establishment, taking into account their objectives and functions and their relationship with<br \/>\nthe said regional center.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 12<\/strong><\/em><\/span><br \/>\n1. Ordinary meetings of the Parties to this Protocol shall be held in conjunction with<br \/>\nordinary meetings of the Contracting Parties to the Convention, held pursuant to article 14 of the<br \/>\nConvention. The Parties to this Protocol may also hold extraordinary meetings as provided in article<br \/>\n18 of the Convention.<br \/>\n2. It shall be the function of the meetings of the Parties to this Protocol, in particular:<\/p>\n<p style=\"padding-left: 40px;\">(a) To keep under review the implementation of this Protocol, and to consider the<br \/>\nefficacy of the measures adopted and the need for any other measures, in particular in the form of<br \/>\nannexes;<br \/>\n(b) To review and amend as required any annex to this Protocol;<br \/>\n(c) To discharge such other functions as may be appropriate for implementation of this<br \/>\nProtocol.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 13<\/strong><\/em><\/span><br \/>\n1. The provisions of the Convention relating to any protocol shall apply with respect to<br \/>\nthe present Protocol.<br \/>\n2. The rules of procedure and the financial rules adopted pursuant to article 24 of the<br \/>\nConvention shall apply with respect to this Protocol, unless the Parties to this Protocol agree<br \/>\notherwise.<\/p>\n<p><strong>IN WITNESS WHEREOF<\/strong> the undersigned, being duly authorized by their respective<br \/>\nGovernments, have signed this Protocol.<\/p>\n<p><strong>DONE<\/strong> at Barcelona on 16 February 1976 in a single copy in the Arabic, English, French<br \/>\nand Spanish languages, the four texts being equally authoritative.<br \/>\nMAP Phase II and the Barcelona Convention and its Protocols<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>ANNEX I<\/strong><\/em><\/span><br \/>\n<span style=\"font-size: 14pt;\"><em><strong>CONTENTS OF THE REPORT TO BE MADE PURSUANT<\/strong><\/em><\/span><br \/>\n<span style=\"font-size: 14pt;\"><em><strong>TO ARTICLE 8 OF THIS PROTOCOL<\/strong><\/em><\/span><\/p>\n<p>1. Each report shall, as far as possible, contain, in general:<\/p>\n<p style=\"padding-left: 40px;\">(a) The identification of the source of pollution (identity of the ship, where appropriate);<br \/>\n(b) The geographic position, time and date of the occurrence of the incident or of the<br \/>\nobservation;<br \/>\n(c) The wind and sea conditions prevailing in the area; and<br \/>\n(d) Where the pollution originates from a ship, relevant details respecting the condition<br \/>\nof the ship.<\/p>\n<p>2. Each report shall contain, whenever possible, in particular:<\/p>\n<p style=\"padding-left: 40px;\">(a) A clear indication or description of the harmful substances involved, including the<br \/>\ncorrect technical names of such substances (trade names should not be used in place of the correct<br \/>\ntechnical names);<br \/>\n(b) A statement or estimate of the quantities, concentrations and likely condition of<br \/>\nharmful substances discharged or likely to be discharged into the sea;<br \/>\n(c) Where relevant, a description of the packaging and identifying marks; and<br \/>\n(d) The name of the consignor, consignee or manufacturer.<\/p>\n<p>3. Each report shall clearly indicate, whenever possible, whether the harmful substance<br \/>\ndischarged or likely to be discharged is oil or a noxious liquid, solid or gaseous substance and<br \/>\nwhether such substance was or is carried in bulk or contained in packaged form, freight containers,<br \/>\nportable tanks, or road and rail tank wagons.<br \/>\n4. Each report shall be supplemented, as necessary, by any relevant information<br \/>\nrequested by a recipient of the report or deemed appropriate by the person sending the report.<br \/>\n5. Any of the persons referred to in article 8, paragraph 1 of this Protocol shall:<\/p>\n<p style=\"padding-left: 40px;\">(a) Supplement as far as possible the initial report, as necessary, with information<br \/>\nconcerning further developments; and<br \/>\n(b) Comply as fully as possible with requests from affected States for additional<br \/>\ninformation.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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,<\/p><p><a class=\"more-link btn\" href=\"https:\/\/english.bashariyat.org\/?p=3629\">Continue reading<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[95],"tags":[],"class_list":["post-3629","post","type-post","status-publish","format-standard","hentry","category-conventions-environment","item-wrap"],"_links":{"self":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3629","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3629"}],"version-history":[{"count":2,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3629\/revisions"}],"predecessor-version":[{"id":3650,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3629\/revisions\/3650"}],"wp:attachment":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3629"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}