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II.7.360 PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY, 1976

The Ratification of Maritime Conventions

Chapter I.7.360

PROTOCOL CONCERNING CO-OPERATION IN COMBATING POLLUTION OF THE MEDITERRANEAN SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY, 1976

ADOPTED: Done in Barcelona on 16 February 1976
ENTERED INTO FORCE: 12 February 1978
DEPOSITARY: Government of Spain
SECRETARY: UNEP

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XXIV

This Convention, the Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft and the Protocol concerning co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency shall be open for signature in Barcelona on 16 February 1976 and in Madrid from 17 February 1976 to 16 February 1977 by any State invited as a participant in the Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region on the Protection of the Mediterranean Sea, held in Barcelona from 2 to 16 February 1976, and by any State entitled to sign any Protocol in accordance with the provisions of such Protocol. They shall also be open until the same date for signature by the European Economic Community and by any similar regional economic grouping at least one member of which is a coastal State of the Mediterranean Sea Area and which exercise competencies in fields covered by this Convention, as well as by any protocol affecting them.

Article XXV

This Convention and any Protocol thereto, shall be subject to ratification, acceptance, or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of Spain, which will assume the functions of Depositary.

Article XXVI

1. As from 17 February 1977, the present Convention, the Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft and the Protocol concerning co-operation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency shall be open for accession by the States, by the European Economic Community and by any grouping as referred to in article XXIV.

2. After the entry into force of the Convention and of any protocol, any State not referred to in article XXIV may accede to this Convention and to any protocol, subject to prior approval by three-fourths of the Contracting Parties to the protocol concerned.

ENTRY INTO FORCE

Article XXVII

1. This Convention shall enter into force on the same date as the protocol first entering into force.

2. The Convention shall also enter into force with regard to the States, the European Economic Community and any regional economic grouping referred to in article XXIV if they have complied with the formal requirements for becoming Contracting Parties to any other protocol not yet entered into force.

3. Any protocol to this Convention, except as otherwise provided in such protocol, shall enter into force on the thirtieth day following the date of deposit of at least six instruments of ratification, acceptance, or approval of, or accession to such protocol by the Parties referred to in article XXIV.

4. Thereafter, this Convention and any protocol shall enter into force with respect to any State, the European Economic Community and any regional economic grouping referred to in article XXIV on the thirtieth day following the date of deposit of the instruments of ratification, acceptance, approval or accession.

WITHDRAWAL

Article XXVIII

1. At any time after three years from the date of entry into force of this Convention, any Contracting Party may withdraw from this Convention by giving written notification of withdrawal.

2. Except as may be otherwise provided in any Protocol to this Convention, any Contracting Party may, at the time after three years from the date of entry into force of such protocol, withdraw from such protocol by giving written notification of withdrawal.

3. Withdrawal shall take effect 90 days after the date on which notification of withdrawal is received by the Depositary.

4. Any Contracting party which withdraws from this Convention shall be considered as also having withdrawn from any protocol to which it was a Party.

5. Any Contracting Party which, upon its withdrawal from a protocol, is no longer a party to any protocol to this Convention, shall be considered as also having withdrawn from this Convention.

ADOPTION OF ADDITIONAL PROTOCOLS

Article XV

1. The Contracting parties, at a diplomatic conference, may adopt additional protocols to this Convention pursuant to paragraph 2 of article IV.

2. A diplomatic conference for the purpose of adopting additional protocols shall be convened by the Organization at the request of two-thirds of the Contracting Parties.

3. Pending the entry into force of this Convention the Organization may, after consulting with the signatories to this Convention, convene a diplomatic conference for the purpose of adopting additional protocols.

Article XVI. Amendment of the Convention or Protocols

1. Any Contracting Party to this Convention may propose amendments to the Convention. Amendments shall be adopted by a diplomatic conference which shall be convened by the Organization at the request of two thirds of the Contracting Parties.

2. Any Contracting Party to this Convention may propose amendments to any Protocol. Such amendments shall be adopted by a diplomatic conference which shall be convened by the Organization at the request of two-thirds of the Contracting Parties to the protocol concerned.

3. Amendments to this Convention shall be adopted by a three-fourths majority vote of the Contracting Parties to the Convention which are requested at the diplomatic conference, and shall be submitted by the Depositary for acceptance by all Contracting Parties to the Convention. Amendments to any protocol shall be adopted by a three-fourths majority vote of the Contracting Parties to such protocol which are represented at the diplomatic conference, and shall be submitted by the Depositary for acceptance by all Contracting Parties to such protocol.

4. Acceptance of amendment shall be notified to the Depositary in writing. Amendments adopted in accordance with paragraph 3 of this Article shall enter into force between Contracting Parties having accepted such amendments on the thirtieth day following the receipt by the Depositary of notification of their acceptance by at least three-fourths of the Contracting Parties to this Convention or to the protocol concerned, as the case may be.

5. After the entry into force of an amendment to this Convention or to a protocol, any new Contracting Party to this Convention or such Protocol shall become a Contracting Party to the instrument as amended.

Article XVII. Annexes and amendments to Annexes

1. Annexes to this Convention or to any Protocol shall form an integral part of the Convention or such protocol, as the case may be.

2. Except as may be otherwise provided in any Protocol, the following procedure shall apply to the adoption and entry into force of any amendments to Annexes to this Convention or to any Protocol, with the exception of amendments to the Annex on arbitration:

  • (i) Any Contracting Party may propose amendments to the Annexes to this Convention or to Protocols at the meetings referred to in article XIV;
  • (ii) Such amendments shall be adopted by a three-fourths majority vote of the Contracting Parties to the instrument in question;
  • (iii) The Depositary shall without delay communicate the amendments so adopted to all Contracting Parties;
  • (iv) Any Contracting Party that is unable to approve an amendment to the annexes to this Convention or to any Protocol shall so notify in writing the Depositary within a period determined by the Contracting Parties concerned when adopting the amendment;
  • (v) The Depositary shall without delay notify all Contracting Parties of any notification received pursuant to the preceding sub-paragraph;
  • (vi) On expiry of the period referred to in sub-paragraph (iv) above, the amendment to the Annex shall become effective for all Contracting Parties to this Convention or to the Protocol concerned which have not submitted a notification in accordance with the provisions of that sub-paragraph.

3. The adoption and entry into force of a new Annex to this Convention or to any Protocol shall be subject to the same procedure as for the adoption and entry into force provided that, if any amendment to the Convention or the Protocol concerned is involved the new Annex shall not enter into force until such times as the amendment to the Convention or the Protocol concerned enters into force.

4. Amendments to the Annex on arbitration shall be considered to be amendments to this Convention and shall be proposed and adopted in accordance with the procedures set out in article XVI above.

DECLARATIONS AND RESERVATIONS

France

Should the provisions of the present Convention and of the protocols thereto be interpreted as hindering activities which it deems essential to its national defence, the Government would not apply the said provisions to such activities. By adopting appropriate measures, it shall none the less endeavour to take account so far as possible, in carrying out such activities, of the objectives of the Convention and of the Protocols thereto.

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