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Regional and Global Governance and Regulatory Instruments


The Barcelona Convention system


The main regulatory instrument aimed at the protection of the Mediterranean marine and coastal environment is the “Conven- tion for the Protection of the Marine Environment and the Coast- al Region of the Mediterranean” (Barcelona Convention) which entered into force in 2004 replacing the 1976 “Convention for the Protection of the Mediterranean Sea Against Pollution”.


The Barcelona Convention’s main objectives are “to prevent, abate, combat and to the fullest extent possible eliminate pollu- tion of the Mediterranean Sea Area” and “to protect and enhance the marine environment in that Area so as to contribute towards its sustainable development.” Under the Barcelona Convention, protection of the marine environment is pursued “as an integral part of the development process, meeting the needs of present and future generations in an equitable manner.”


In applying the Barcelona Convention, the Contracting Parties are bound by (i) the precautionary principle, (ii) the polluter-pays principle, (iii) the commitment to undertake environmental im- pact assessment of activities likely to cause significant adverse impact on the marine environment, (iv) the obligation to pro- mote cooperation amongst states in environmental impact as- sessment procedures related to activities with transboundary effects, and (v) the commitment to promote integrated manage- ment of the coastal zone.


Today all 21 countries surrounding the Mediterranean Sea, as well as the European Union, are Contracting Parties to the Barce- lona Convention. It now has a total of seven associated Protocols: • The Protocol for the Prevention of Pollution of the Mediter- ranean Sea by Dumping from Ships and Aircraft or Incinera- tion at Sea (Dumping Protocol, adopted 1976, in force 1978, amended 1995),


• The Protocol concerning Co-operation in Combating Pollu- tion of the Mediterranean Sea by Oil and other Harmful Sub- stances in Cases of Emergency (Emergency Protocol, adopted 1976, in force 1978), replaced by the Protocol concerning Co- operation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea (Prevention and Emergency Protocol, adopted 2002, in force 2004),


• The Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-based Sources and Activities (LBS Protocol, adopted 1980, in force 1983; amended 1996, in force 2008),


• The Protocol Concerning Mediterranean Specially Protected Areas (SPA Protocol, adopted 1982, in force 1986) replaced by The Protocol concerning Specially Protected Areas and Bio- logical Diversity in the Mediterranean (SPA & Biodiversity Pro- tocol, adopted 1995, in force 1999),


• Protocol for the Protection of the Mediterranean Sea Against Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil (Offshore Protocol, adopted 1994, in force 2011),


• Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal (Hazardous Wastes Protocol, adopted 1996, in force 2008),


• Protocol on Integrated Coastal Zone Management (ICZM Pro- tocol, adopted 2008, in force 2011)


Out of these seven Protocols only the 1995 amendment of the Dumping Protocol is not in force nowadays. In fact in 2011 two very important Protocols, the Offshore Protocol and the ICZM Protocol came into force. The ICZM Protocol provides for better coordina- tion, integration and holistic management of human activities in the coastal zones where understanding and taking into account the ecosystems is essential prerequisite of sustainable development.


In order to further the progress in the implementation of the principles contained in some of the above Protocols the Barcelo- na Convention system has produced policy instruments such as the Strategic Action Programme to Address Pollution from Land- Based Activities (SAP/MED), the Strategic Action Programme for the Conservation of Biological Diversity in the Mediterranean Region (SAP/BIO), the Action Plan for the implementation of the ICZM Protocol and the Mediterranean Strategy on Sustainable Development (MSSD). The adoption of these action plans and strategies by the Contracting Parties is a clear indication of the determination of the countries to take concrete action to com- bat land-based pollution, contribute to maintaining and restor- ing marine biodiversity and promoting the sustainable develop- ment of the coastal zone.


The SAP/MED, adopted in 1997, is an action-oriented plan identi- fying priority target categories of substances and activities origi- nating from land-based sources to be eliminated or controlled by the Mediterranean countries (UNEP/MAP/MED POL, 1999). The SAP/MED has associated action plans at national level. The National Action Plans (NAPs) to address land-based pollution were prepared during 2004–2005 by all Mediterranean coun- tries through a participatory approach. They consider the en- vironmental and socio-economic issues, policy and legislative frameworks, and the management, institutional, and technical infrastructure available in the country to formulate principles, approaches, measures, priority actions and deadlines for the im- plementation of SAP within the national framework. In the short- term, domestic financial resources are allocated to the actions from the annual budget; longer-term financial mechanisms are also identified, earmarked or developed, to ensure sustainability. The National Action Plans will be revised in line with the Ecosys- tem Approach priorities.


In addition, since 2009 and in the framework of article 15 of the LBS Protocol the Contracting Parties have also adopted six re- gional plans with concrete timeframes to phase out substances that are toxic, persistent and liable to accumulate. The plans are aimed to reduce BOD5 from urban waste water and the food sec- tor; Mercury; and DDT; and to the following POP (Persistent Or- ganic Pollutant) substances: Aldrin, Chlordane, Dieldrin, Endrin,


REGULATORY FRAMEWORK, MAJOR FINDINGS AND GAPS AND NEXT STEPS IN THE ECOSYSTEM APPROACH 73


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