Page 132 - BarselonaSozlesmesi
P. 132

BARSELONA SÖZLEŞMESİ                                                                                                            THE BARCELONA CONVENTION


       (i) Drainage and other Wastes from any form of  3. Nothing in this Protocol, nor any act adopted   2. Authorization  shall  be  refused  if  there  are  (d) The safety measures as specified in Article
       toilets, urinals and water-closet scuppers;  on the basis of this Protocol, shall prejudice the   indications  that  the  proposed  activities  are  15;
                                            rights of any State concerning the delimitation   likely  to  cause  significant  adverse  effects  on   (e) The operator’s contingency plan as specified
       (ii) Drainage from medical premises (dispensary,   of the continental shelf.        the environment that could not be avoided by
       sick bay, etc.) via wash basins, wash tubs and                                      compliance  with  the  conditions  laid  down  in   in Article 16;
       scuppers located in such premises;                                                  the authorization and referred to in Article 6,  (f)  The  monitoring  procedures  as  specified  in
                                            Article 3
       (iii) Other waste Waters when mixed with the                                        paragraph 3, of this Protocol.       Article 19;
       drainages defined above;             GENERAL UNDERTAKINGS                           3. When considering approval of the siting of  (g) The plans for removal of installations as spe-
       (o) “Garbage” means all kinds of food, domes-  1. The Parties shall take, individually or through   an installation, the Contracting Party shall en-  cified in Article 20;
       tic and operational waste generated during the   bilateral or multilateral cooperation, all approp-  sure that no detrimental effects will be caused   (h) Precautions for specially protected areas as
       normal operation of the installation and liable   riate measures to prevent, abate, combat and   to existing facilities by such siting, in particular,   specified in Article 21;
       to be disposed of continuously or periodically,   control pollution in the Protocol Area resulting   to pipelines and cables.
       except those substances which are defined or   from activities, inter alla by ensuring that the                          (i) The insurance or other financial security to
       listed elsewhere in this Protocol;   best available techniques, environmentally ef-  Article 5                           cover liability as prescribed in Article 27, parag-
                                            fective and economically appropriate, are used                                      raph 2 (b).
       (p) “Freshwater limit” means the place in water  for this purpose.                  REQUIREMENTS FOR AUTHORIZATIONS
       courses where, at low tides and in a period of                                      1.  The  Contracting  Party  shall  prescribe  that   2.  The  competent  authority  may  decide,  for
       low  freshwater  flow,  there  is  an  appreciable   2. The  Parties  shall  ensure  that  all  necessary   any application for authorization or for the re-  scientific research and exploration activities, to
       increase İn sallnity due to the presence of sea   measures  are  taken  so  that  activities  do  not   newal            limit the scope of the requirements laid down
       water.                               cause pollution.                                                                    in paragraph 1 of this Article, in the light of the
                                                                                           of an authorization is subject to the submission   nature, scope, duration and technical methods
       Article 2                            SECTION 2                                      of the project by the candıdate operator to the   employed in the activities and of the characte-
                                            AUTHORIZATION SYSTEM                           competent authority and that any such appli-  ristics of the area.
       GEOGRAPHICAL COVERAGE                                                               cation must include, in particular, the following:
       1. The area to which this Protocol applies (re-  Article 4                          (a) A survey concerning the effects of the pro-  Article 6
       ferred to in this Protocol as the “Protocol Area”)                                  posed activities on the environment; the com-  GRANTING OF AUTHORIZATIONS
       shall be:                            GENERAL PRINCIPLES                             petent authority may, in the light of the nature,   1. The  authorizations  referred  to  in Article  4

       (a) The Mediterranean Sea Area as defined in  1. All activities in the Protocol Area, including   scope,  duration  and  technical  methods  emp-  shall be granted only after examination by the
       Article 1 of the Convention, including the conti-  erection  on site  of installations,  shall  be  sub-  loyed İn the activities and of the characteris-  competent authority of the requirements listed
       nental shelf and the seabed and its subsoil;  ject to the prior written authorization for exp-  tics of the area, require that an environmental   in Article 5 and Annex IV.
                                            loration  or  exploitation  from  the  competent   impact assessment be prepared in accordance
       (b) Waters, including the seabed and its subsoil,   authority. Such authority, before granting the   with Annex IV to this Protocol;  2. Each authorization shall specify the activi-
       on the landward side of the baselines from whi-  authorization,  shall  be  satisfied  that  the  ins-                   ties and the period of valldity of the authori-
       ch the breadth of the territorial sea is measured   tallation  has  been  constructed  according  to   (b)  The  precise  definition  of  the  geographical   zation, establish the geographical limits of the
       and extending, in the case of watercourses, up   international standards and practice and that   areas where the activity is envisaged, including   area subject to the authorization and specify
       to the freshwater limit.                                                            safety zones;                        the technical requirements and the authorized
                                            the  operator  has  the  technical  competence
       2. Any of the Contracting Parties to this Proto-  and the financial capacity to carry out the ac-  (c) Particulars of the professional and technical  installations. The necessary safety zones shall
       col (referred to in this Protocol as “the Parties”)  tivities. Such authorization shall be granted in   quallfications  of  the  candidate  operator  and  be established at a later appropriate stage.
       may also include in the Protocol area wetlands  accordance with the appropriate procedure, as   personnel on the installation, as well as of the   3.  The  authorization  may  impose  conditions
       or coastal areas of their territory.  defined by the competent authority.           composition of the crew;             regarding measures, techniques or methods de-


      132                                                                                                                                                            133
   127   128   129   130   131   132   133   134   135   136   137