Document edited by the Regional Activity Centr eFor Specially Protected Areas (RAC/SPA)Boulevard de l'EnvironnementB.P.337 - 1080 Tunis CEDEXTel: ++(216.1) 795 760 Fax: ++(216.1) 797 349E.mail: car-asp@rac-spa.org.tnwww.rac-spa.org.tn

PROTOCOL CONCERNINGSPECIALLY PROTECTED AREASAND BIOLOGICAL DIVERSITY

IN THE MEDITERRANEAN(Barcelona, 1995)

This document should not be consideredas an official United Nations document.

FOREWORD

This document includes the text of the Protocol concerningSpecially Protected Areas and Biological Diversity in theMediterranean which has been opened for signature in Barcelonaon 10 June 1995 by any Contracting Party to the BarcelonaConvention*.

The text of the Protocol was adopted by the Conference ofPlenipotentiaries held in Barcelona on 9 and 10 June 1995. Thethree annexes to the Protocol were adopted by the Meeting of thePlenipotentiaries organised in Monaco on 24 November 1996.

*Convention for the protection of the marine environment and the coastal region of the Mediterranean.

PROTOCOL CONCERNING SPECIALLY PROTECTEDAREAS AND BIOLOGICAL DIVERSITY

IN THE MEDITERRANEAN

pagePART I: GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Article 1: DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Article 2: GEOGRAPHICAL COVERAGE . . . . . . . . . . . . . . . . . . . . . . . 9Article 3: GENERAL OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . 10

PART II: PROTECTION OF AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . .11SECTION ONE: SPECIALLY PROTECTED AREAS . . . . . . . . . . . . . . . . . 11Article 4: OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Article 5: ESTABLISHMENT OF SPECIALLY PROTECTED AREAS . . . . . . . 12Article 6: PROTECTION MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . 12Article 7: PLANNING AND MANAGEMENT . . . . . . . . . . . . . . . . . . . 14

SECTION TWO: SPECIALLY PROTECTED AREAS OFMEDITERRANEAN IMPORTANCE . . . . . . . . . . . . . . . 15

Article 8: ESTABLISHMENT OF THE LIST OF SPECIALLY PROTECTEDAREAS OF MEDITERRANEAN IMPORTANCE . . . . . . . . . . . . 15

Article 9: PROCEDURE FOR THE ESTABLISHMENT AND LISTINGOF SPAMIs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Article 10: CHANGES IN THE STATUS OF SPAMIs . . . . . . . . . . . . . . . 18

PART III: PROTECTION AND CONSERVATION OF SPECIES . . . . . . . . . . 19Article 11: NATIONAL MEASURES FOR THE PROTECTION

AND CONSERVATION OF SPECIES . . . . . . . . . . . . . . . . . 19Article 12: COOPERATIVE MEASURES FOR THE PROTECTION

AND CONSERVATION OF SPECIES . . . . . . . . . . . . . . . . . 20Article 13: INTRODUCTION OF NON-INDIGENOUS OR

GENETICALLY MODIFIED SPECIES . . . . . . . . . . . . . . . . . . 22

PART IV: PROVISIONS COMMON TO PROTECTED AREASAND SPECIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Article 14: AMENDMENTS TO ANNEXES . . . . . . . . . . . . . . . . . . . . . 22Article 15: INVENTORIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Article 16: GUIDELINES AND COMMON CRITERIA . . . . . . . . . . . . . . 23Article 17: ENVIRONMENTAL IMPACT ASSESSMENT . . . . . . . . . . . . . 24Article 18: INTEGRATION OF TRADITIONAL ACTIVITIES . . . . . . . . . . . 24Article 19: PUBLICITY, INFORMATION, PUBLIC AWARENESS

AND EDUCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Article 20: SCIENTIFIC, TECHNICAL AND MANAGEMENT RESEARCH . . 25Article 21: MUTUAL COOPERATION . . . . . . . . . . . . . . . . . . . . . . . . 26Article 22: MUTUAL ASSISTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . 27Article 23: REPORTS OF THE PARTIES . . . . . . . . . . . . . . . . . . . . . . . 27

PART V: INSTITUTIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . 28Article 24: NATIONAL FOCAL POINTS . . . . . . . . . . . . . . . . . . . . . . 28Article 25: COORDINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Article 26: MEETINGS OF THE PARTIES . . . . . . . . . . . . . . . . . . . . . . 30

PART VI: FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Article 27: EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION . . 31Article 28: RELATIONSHIP WITH THIRD PARTIES . . . . . . . . . . . . . . . . . 31Article 29: SIGNATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Article 30: RATIFICATION, ACCEPTANCE OR APPROVAL . . . . . . . . . . . 32Article 31: ACCESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Article 32: ENTRY INTO FORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

ANNEX I : COMMON CRITERIA FOR THE CHOICE OF PROTECTEDMARINE AND COASTAL AREAS THAT COULD BE INCLUDED IN THE SPAMI LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

ANNEX II : LIST OF ENDANGERED OR THREATENED SPECIES . . . . . . . . 41

ANNEX III : LIST OF SPECIES WHOSE EXPLOITATION IS REGULATED . . . 45

PROTOCOL CONCERNING SPECIALLYPROTECTED AREAS AND BIOLOGICALDIVERSITY IN THE MEDITERRANEAN

The Contracting Parties to this Protocol,

Being Parties to the Convention for the Protection ofthe Mediterranean Sea against Pollution, adopted atBarcelona on 16 February 1976,

Conscious of the profound impact of human activitieson the state of the marine environment and the littoral andmore generally on the ecosystems of areas having prevailingMediterranean features,

S t re s s i n g the importance of protecting and, asappropriate, improving the state of the Mediterraneannatural and cultural heritage, in particular through theestablishment of specially protected areas and also by theprotection and conservation of threatened species,

Considering the instruments adopted by the UnitedNations Conference on Environment and Development andparticularly the Convention on Biological Diversity (Rio deJaneiro, 1992),

Conscious that when there is a threat of significantreduction or loss of biological diversity, lack of full scientificcertainty should not be invoked as a reason for postponingmeasures to avoid or minimize such a threat,

Considering that all the Contracting Parties shouldcooperate to conserve, protect and restore the health andintegrity of ecosystems and that they have, in this respect,common but differentiated responsibilities,

Have agreed as follows:

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g) "Parties" means the Contracting Parties to thisProtocol;

h) "Organization" means the organization referredto in Article 2 of the Convention;

i) "Centre" means the Regional Activity Centre forSpecially Protected Areas.

Article 2

GEOGRAPHICAL COVERAGE

1. The area to which this Protocol applies shall be the are aof the Mediterranean Sea as delimited in Article 1of the Convention. It also includes:

- the seabed and its subsoil;

- the waters, the seabed and its subsoil on thelandward side of the baseline from which thebreadth of the territorial sea is measured andextending, in the case of watercourses, up to thefreshwater limit;

- the terrestrial coastal areas designated by each ofthe Parties, including wetlands.

2. Nothing in this Protocol nor any act adopted on thebasis of this Protocol shall prejudice the rights, thepresent and future claims or legal views of any Staterelating to the law of the sea, in particular, the natureand the extent of marine areas, the delimitation ofmarine areas between States with opposite oradjacent coasts, freedom of navigation on the highseas, the right and the modalities of passage throughstraits used for international navigation and the rightof innocent passage in territorial seas, as well as thenature and extent of the jurisdiction of the coastalState, the flag State and the port State.

9

For the purposes of this Protocol"Endangered species" means

any species that is in danger ofextinction throughout all or par t

of its range.

PART I

GENERAL PROVISIONS

Article 1

DEFINITIONS

For the purposes of this Protocol:

a) "Convention" means the Convention for theProtection of the Mediterranean Sea againstPollution, adopted at Barcelona on 16 February1976 and amended at Barcelona in 1995;

b) "Biological diversity" means the variabilityamong living organisms from all sourc e sincluding, inter alia, terrestrial, marine and otheraquatic ecosystems and the ecological complexesof which they are part; this includes diversitywithin species, between species and ofecosystems;

c) "Endangered species" means any species that isin danger of extinction throughout all or part ofits range;

d) "Endemic species" means any species whoserange is restricted to a limited geographicalarea;

e) "Threatened species" means any species that islikely to become extinct within the foreseeablefuture throughout all or part of its range andwhose survival is unlikely if the factors causingnumerical decline or habitat degradationcontinue to operate;

f) "Conservation status of a species" means the sumof the influences acting on the species that mayaffect its long-term distribution and abundance;

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For the purposes of this Protocol"Biological diversity" means the

variability among livingorganisms from all sources

including, inter alia, terrestrial,marine and other aquatic

ecosystems and the ecologicalcomplexes of which they are

part; this includes diversitywithin species, between species

and of ecosystems.

6. Each Party shall apply the measures provided for inthis Protocol without prejudice to the sovereignty or thejurisdiction of other Parties or other States. Anymeasures taken by a Party to enforce these measuresshall be in accordance with international law.

PART II

PROTECTION OF AREAS

SECTION ONE

SPECIALLY PROTECTED AREAS

Article 4

OBJECTIVES

The objective of specially protected areas is tosafeguard:

a) re p resentative types of coastal and marineecosystems of adequate size to ensure their long-term viability and to maintain their biologicaldiversity;

b) habitats which are in danger of disappearing intheir natural area of distribution in theMediterranean or which have a reduced naturalarea of distribution as a consequence of theirregression or on account of their intrinsicallyrestricted area;

c) habitats critical to the survival, reproduction andrecovery of endangered, threatened or endemicspecies of flora or fauna;

d) sites of particular importance because of theirscientific, aesthetic, cultural or educationalinterest.

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Any action undertakenby a Party to enforce

the measures providedfor by the Protocol, shallbe in accordance with

international law.

3. No act or activity undertaken on the basis of thisP rotocol shall constitute grounds for claiming,contending or disputing any claim to nationalsovereignty or jurisdiction.

Article 3

GENERAL OBLIGATIONS

1. Each Party shall take the necessary measures to:

a) protect, preserve and manage in a sustainableand environmentally sound way areas ofparticular natural or cultural value, notably bythe establishment of specially protected areas;

b) protect, preserve and manage threatened orendangered species of flora and fauna.

2. The Parties shall cooperate, directly or through thecompetent international organizations, in thec o n s e rvation and sustainable use of biologicaldiversity in the area to which this Protocol applies

3. The Parties shall identify and compile inventories of thecomponents of biological diversity important for itsconservation and sustainable use.

4. The Parties shall adopt strategies, plans andp rogrammes for the conservation of biologicaldiversity and the sustainable use of marine and coastalbiological resources and shall integrate them into theirrelevant sectoral and intersectoral policies.

5. The Parties shall monitor the components of biologicaldiversity referred to in paragraph 3 of this Article andshall identify processes and categories of activitieswhich have or are likely to have a significant adverseimpact on the conservation and sustainable use ofbiological diversity, and monitor their effects.

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The Parties to the Protocolcommit themselves to protect,

preserve and manage in asustainable and environmentally

sound way the areas ofparticular natural or cultural

value, notably by theestablishment of specially

protected areas, as well as thethreatened or endangered

species of flora and fauna.

protected area, shall take the protection measures required,in particular:

a) the strengthening of the application of the otherProtocols to the Convention and of other relevanttreaties to which they are Parties;

b) the prohibition of the dumping or discharge ofwastes and other substances likely directly orindirectly to impair the integrity of the speciallyprotected area;

c) the regulation of the passage of ships and anystopping or anchoring;

d) the regulation of the introduction of any speciesnot indigenous to the specially protected area inquestion, or of genetically modified species, aswell as the introduction or reintroduction ofspecies which are or have been present in thespecially protected area;

e) the regulation or prohibition of any activityinvolving the exploration or modification of thesoil or the exploitation of the subsoil of the landpart, the seabed or its subsoil;

f) the regulation of any scientific research activity;

g) the regulation or prohibition of fishing, hunting,taking of animals and harvesting of plants ortheir destruction, as well as trade in animals,parts of animals, plants, parts of plants, whichoriginate in specially protected areas;

h) the regulation and if necessary the prohibition ofany other activity or act likely to harm or disturbthe species or that might endanger the state ofconservation of the ecosystems or species ormight impair the natural or culturalcharacteristics of the specially protected area;

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…habitats critical to the survival,reproduction and recovery of

endangered, threatened orendemic species of flora or

fauna;…

…sites of particular importancebecause of their scientific,

aesthetic, cultural or educationalinterest.

Article 5

ESTABLISHMENT OF SPECIALLY PROTECTED AREAS

1. Each Party may establish specially protected areas inthe marine and coastal zones subject to its sovereigntyor jurisdiction.

2. If a Party intends to establish, in an area subject to itss o v e reignty or national jurisdiction, a speciallyp rotected area contiguous to the frontier and to the limitsof a zone subject to the sovereignty or nationaljurisdiction of another Part y, the competent authorities ofthe two Parties shall endeavour to cooperate, with aview to reaching agreement on the measures to be takenand shall, inter alia, examine the possibility of the otherP a rty establishing a corresponding specially pro t e c t e da rea or adopting any other appropriate measure s .

3. If a Party intends to establish, in an area subject to itss o v e reignty or national jurisdiction, a speciallyprotected area contiguous to the frontier and to thelimits of a zone subject to the sovereignty or nationaljurisdiction of a State that is not a Party to thisProtocol, the Party shall endeavour to cooperate withthat State as referred to in the previous paragraph.

4. If a State which is not party to this Protocol intends toestablish a specially protected area contiguous to thefrontier and to the limits of a zone subject to thesovereignty or national jurisdiction of a Party to thisProtocol, the latter shall endeavour to cooperate withthat State as referred to in paragraph 2.

Article 6

PROTECTION MEASURES

The Parties, in conformity with international law andtaking into account the characteristics of each specially

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The Specially Protected Areasare established to safeguard

representative types of coastaland marine ecosystems of

adequate size to ensure theirlong-term viability and tomaintain their biological

diversity;…

…habitats which are in dangerof disappearing in their natural

area of distribution in theMediterranean or which have a

reduced natural area ofdistribution as a consequence oftheir regression or on account of

their intrinsically restrictedarea;…

f) the training of managers and qualified technicalpersonnel, as well as the development of anappropriate infrastructure.

3. The Parties shall ensure that national contingencyplans incorporate measures for responding toincidents that could cause damage or constitute athreat to the specially protected areas.

4. When specially protected areas covering both landand marine areas have been established, the Partiesshall endeavour to ensure the coordination of theadministration and management of the speciallyprotected area as a whole.

SECTION TWO

SPECIALLY PROTECTED AREAS OFMEDITERRANEAN IMPORTANCE

Article 8

ESTABLISHMENT OF THE LIST OF SPECIALLY PROTECTEDAREAS OF MEDITERRANEAN IMPORTANCE

1. In order to promote cooperation in the managementand conservation of natural areas, as well as in theprotection of threatened species and their habitats, theParties shall draw up a "List of Specially ProtectedA reas of Mediterranean Importance", here i n a f t e rreferred to as the "SPAMI List".

2. The SPAMI List may include sites which:

- are of importance for conserving the components ofbiological diversity in the Mediterranean;

- contain ecosystems specific to the Mediterraneanarea or the habitats of endangered species;

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When a specially protected areaincludes both land and marinecomponents, it is important toensure the coordination of the

administration and managementof the specially protected area

as a whole.

i) any other measure aimed at safeguard i n gecological and biological processes and thelandscape.

Article 7

PLANNING AND MANAGEMENT

1. The Parties shall, in accordance with the rules ofi n t e rnational law, adopt planning, management,supervision and monitoring measures for the speciallyprotected areas.

2. Such measures should include for each speciallyprotected area:

a) the development and adoption of a managementplan that specifies the legal and institutionalframework and the management and protectionmeasures applicable;

b) the continuous monitoring of ecologicalp rocesses, habitats, population dynamics,landscapes, as well as the impact of humanactivities;

c) the active involvement of local communities andpopulations, as appropriate, in the managementof specially protected areas, including assistanceto local inhabitants who might be affected by theestablishment of such areas;

d) the adoption of mechanisms for financing thep romotion and management of speciallyprotected areas, as well as the development ofactivities which ensure that management iscompatible with the objectives of such areas;

e) the regulation of activities compatible with theobjectives for which the specially protected area wasestablished and the terms of the related perm i t s ;

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geographical location, its physical and ecologicalcharacteristics, its legal status, its management plansand the means for their implementation, as well as astatement justifying its Mediterranean importance;

a) w h e re a proposal is formulated undersubparagraphs 2 (b) and 2 (c) of this Article, theneighbouring Parties concerned shall consulteach other with a view to ensuring theconsistency of the proposed protection andmanagement measures, as well as the means fortheir implementation;

b) proposals made under paragraph 2 of thisA rticle shall indicate the protection andmanagement measures applicable to the area aswell as the means of their implementation.

4. The procedure for inclusion of the proposed area inthe List is the following:

a) for each area, the proposal shall be submitted tothe National Focal Points, which shall examine itsc o n f o rmity with the common guidelines andcriteria adopted pursuant to Article 16;

b) if a proposal made in accordance withsubparagraph 2 (a) of this Article is consistentwith the guidelines and common criteria, afterassessment, the Organization shall inform themeeting of the Parties, which shall decide toinclude the area in the SPAMI List;

c) if a proposal made in accordance withsubparagraphs 2 (b) and 2 (c) of this Article isconsistent with the guidelines and commoncriteria, the Centre shall transmit it to theOrganization, which shall inform the meeting ofthe Parties. The decision to include the area inthe SPAMI list shall be taken by consensus by theContracting Parties, which shall also approve themanagement measures applicable to the area.

17

- are of special interest at the scientific, aesthetic,cultural or educational levels.

3. The Parties agree:

a) to recognize the particular importance of theseareas for the Mediterranean;

b) to comply with the measures applicable to theSPAMIs and not to authorize nor undertake anyactivities that might be contrary to the objectivesfor which the SPAMIs were established.

Article 9

PROCEDURE FOR THE ESTABLISHMENT AND LISTINGOF SPAMIs

1. SPAMIs may be established, following the procedureprovided for in paragraph 2 to 4 of this Article, in: (a)the marine and coastal zones subject to thesovereignty or jurisdiction of the Parties; (b) zonespartly or wholly on the high seas.

2. Proposals for inclusion in the List may be submitted:

a) by the Party concerned, if the area is situated ina zone already delimited, over which it exercisessovereignty or jurisdiction;

b) by two or more neighbouring Parties concernedif the area is situated, partly or wholly, on thehigh sea;

c) by the neighbouring Parties concerned in areasw h e re the limits of national sovereignty orjurisdiction have not yet been defined.

3. Parties making proposals for inclusion in the SPAMIList shall provide the Centre with an introductoryre p o rt containing information on the are a ' s

16

Changes in the delimitation orlegal status of a SPAMI or the

suppression of all or part ofsuch an area shall not be

decided upon unless there areimportant reasons for doing so,taking into account the need tosafeguard the environment andcomply with the obligations laid

down in the Protocol.

SPAMIs could be establishednot only in the marine

and coastal zones subjectto the sovereignty or

jurisdiction of the Parties,but also in zones partly

or wholly on the high seas.

The Parties agree to recognizethe particular importance

of SPAMIs for theMediterranean, to comply

with the measures applicableto these areas and not toauthorize nor undertakeany activities that might

be contrary to the objectivesfor which the SPAMIs were

established.

PART III

PROTECTION AND CONSERVATIONOF SPECIES

Article 11

NATIONAL MEASURES FOR THE PROTECTIONAND CONSERVATION OF SPECIES

1. The Parties shall manage species of flora and faunawith the aim of maintaining them in a favourable stateof conservation.

2. The Parties shall, in the zones subject to theirs o v e reignty or national jurisdiction, identify andcompile lists of the endangered or threatened speciesof flora and fauna and accord protected status to suchspecies. The Parties shall regulate and, whereappropriate, prohibit activities having adverse effectson such species or their habitats, and carry outmanagement, planning and other measures to ensurea favourable state of conservation of such species.

3. With respect to protected species of fauna, the Partiesshall control and, where appropriate, prohibit:

a) the taking, possession or killing (including, to theextent possible, the incidental taking, possessionor killing), the commercial trade, the transportand the exhibition for commercial purposes ofthese species, their eggs, parts or products;

b) to the extent possible, the disturbance of wildfauna, particularly during the period ofbreeding, incubation, hibernation or migration,as well as other periods of biological stress.

19

The Parties to theProtocol are committed

to manage species offlora and fauna with theaim of maintaining themin a favourable state of

conservation.

5. The Parties which proposed the inclusion of the area inthe List shall implement the protection andconservation measures specified in their proposals inaccordance with paragraph 3 of this Article. TheContracting Parties undertake to observe the rules thuslaid down. The Centre shall inform the competentinternational organizations of the List and of themeasures taken in the SPAMIs.

6. The Parties may revise the SPAMI List. To this end, theCentre shall prepare a report.

Article 10

CHANGES IN THE STATUS OF SPAMIs

Changes in the delimitation or legal status of a SPAMIor the suppression of all or part of such an area shall not bedecided upon unless there are important reasons for doingso, taking into account the need to safeguard theenvironment and comply with the obligations laid down inthis Protocol and a procedure similar to that followed for thecreation of the SPAMI and its inclusion in the List shall beobserved.

18

of Endangered or Threatened Species and the List ofSpecies whose Exploitation is Regulated.

2. The Parties shall ensure the maximum possibleprotection and recovery of the species of fauna andflora listed in the Annex relating to the List ofEndangered or Threatened Species by adopting at thenational level the measures provided for inparagraphs 3 and 5 of Article 11 of this Protocol.

3. The Parties shall prohibit the destruction of anddamage to the habitat of species listed in the Annexrelating to the List of Endangered or ThreatenedSpecies and shall formulate and implement actionplans for their conservation or recovery. They shallcontinue to cooperate in implementing the relevantaction plans already adopted.

4. The Parties, in cooperation with competentinternational organizations, shall take all appropriatemeasures to ensure the conservation of the specieslisted in the Annex relating to the List of Species whoseExploitation is Regulated while at the same timeauthorizing and regulating the exploitation of thesespecies so as to ensure and maintain their favourablestate of conservation.

5. When the range area of a threatened or endangeredspecies extends to both sides of a national frontier orof the limit that separates the territories or the areassubject to the sovereignty or the national jurisdiction oftwo Parties to this Protocol, these Parties shallcooperate with a view to ensuring the protection andconservation and, if necessary, the recovery of suchspecies.

6. P rovided that no other satisfactory solutions areavailable and that the exemption does not harm thesurvival of the population or of any other species, theParties may grant exemptions to the prohibitions

21

While authorizing theexploitation of the species listedin the Annex 3, the Parties shalltake all appropriate measures toregulate such exploitation so asto ensure and maintain them in

a favourable state ofconservation.

4. In addition to the measures specified in the previousparagraph, the Parties shall coordinate their efforts,through bilateral or multilateral action, including ifnecessary, agreements for the protection and recoveryof migratory species whose range extends into thearea to which this Protocol applies.

5. With respect to protected species of flora and theirparts and products, the Parties shall regulate, andwhere appropriate, prohibit all forms of destructionand disturbance, including the picking, collecting,cutting, uprooting, possession of, commercial trade in,or transport and exhibition for commercial purposes ofsuch species.

6. The Parties shall formulate and adopt measures andplans with regard to ex situ reproduction, in particularcaptive breeding, of protected fauna and propagationof protected flora.

7. The Parties shall endeavour, directly or through theCentre, to consult with range States that are not Partiesto this Protocol, with a view to coordinating theire ff o rts to manage and protect endangered orthreatened species.

8. The Parties shall make provision, where possible, forthe return of protected species exported or heldi l l e g a l l y. Eff o rts should be made by Parties toreintroduce such specimens to their natural habitat.

Article 12

COOPERATIVE MEASURES FOR THE PROTECTIONAND CONSERVATION OF SPECIES

1. The Parties shall adopt cooperative measures to ensurethe protection and conservation of the flora and faunalisted in the Annexes to this Protocol relating to the List

20

The Parties to the Protocol areinvited to coordinate their efforts

for the protection and recover yof migratory species whose

range extends into the area towhich the Protocol applies.

When necessary, they establishagreements to this end.

2. All proposed amendments submitted to the meeting ofContracting Parties shall have been the subject of priorevaluation by the meeting of National Focal Points.

Article 15

INVENTORIES

Each Party shall compile comprehensive inventories of:

a) areas over which they exercise sovereignty orjurisdiction that contain rare or fragileecosystems, that are reservoirs of biologicaldiversity, that are important for threatened orendangered species;

b) species of fauna or flora that are endangered orthreatened.

Article 16

GUIDELINES AND COMMON CRITERIA

The Parties shall adopt:

a) common criteria for the choice of protectedmarine and coastal areas that could be includedin the SPAMI List which shall be annexed to theProtocol;

b) common criteria for the inclusion of additionalspecies in the Annexes;

c) guidelines for the establishment andmanagement of specially protected areas.

The criteria and guidelines referred to in paragraphs(b) and (c) may be amended by the meeting of the Parties onthe basis of a proposal made by one or more Parties.

23

Each Party shall compileinventories of species of fauna

or flora that are endangered orthreatened, and of areas underits jurisdiction that contain rareor fragile ecosystems, that are

reservoirs of biological diversity,or are important for threatened

or endangered species.

prescribed for the protection of the species listed in theAnnexes to this Protocol for scientific, educational ormanagement purposes necessary to ensure thes u rvival of the species or to prevent significantdamage. Such exemptions shall be notified to theContracting Parties.

Article 13

INTRODUCTION OF NON-INDIGENOUS ORGENETICALLY MODIFIED SPECIES

1. The Parties shall take all appropriate measures toregulate the intentional or accidental introductionof non-indigenous or genetically modified speciesto the wild and prohibit those that may haveharmful impacts on the ecosystems, habitats orspecies in the area to which this Protocol applies.

2. The Parties shall endeavour to implement allpossible measures to eradicate species that havealready been introduced when, after scientificassessment, it appears that such species cause orare likely to cause damage to ecosystems, habitatsor species in the area to which this Protocolapplies.

PART IV

PROVISIONS COMMON TO PROTECTEDAREAS AND SPECIES

Article 14

AMENDMENTS TO ANNEXES

1. The procedures for amendments to Annexes to thisProtocol shall be those set forth in Article 17 of theConvention.

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Article 19

PUBLICITY, INFORMATION, PUBLIC AWARENESSAND EDUCATION

1. The Parties shall give appropriate publicity to theestablishment of specially protected areas, theirboundaries, applicable regulations, and to thedesignation of protected species, their habitats andapplicable regulations.

2. The Parties shall endeavour to inform the public of theinterest and value of specially protected areas andspecies, and of the scientific knowledge which may begained from the point of view of nature conservationand other points of view. Such information shouldhave an appropriate place in education programmes.The Parties shall also endeavour to promote theparticipation of their public and their conservationorganizations in measures that are necessary for thep rotection of the areas and species concern e d ,including environmental impact assessments.

Article 20

SCIENTIFIC, TECHNICAL AND MANAGEMENTRESEARCH

1. The Parties shall encourage and develop scientific andtechnical research relating to the aims of this Protocol.They shall also encourage and develop research intothe sustainable use of specially protected areas andthe management of protected species.

2. The Parties shall consult, when necessary, amongthemselves and with competent intern a t i o n a lorganizations with a view to identifying, planning andundertaking scientific and technical research andmonitoring programmes necessary for theidentification and monitoring of protected areas and

25

Article 17

ENVIRONMENTAL IMPACT ASSESSMENT

In the planning process leading to decisions onindustrial and other projects and activities that couldsignificantly affect protected areas and species and theirhabitats, the Parties shall evaluate and take intoconsideration the possible direct or indirect, immediate orlong-term, impact, including the cumulative impact of theprojects and activities being contemplated.

Article 18

INTEGRATION OF TRADITIONAL ACTIVITIES

1. In formulating protective measures, the Parties shalltake into account the traditional subsistence andcultural activities of their local populations. They shallgrant exemptions, as necessary, to meet such needs.No exemption which is allowed for this reason shall:

a) endanger either the maintenance of ecosystemsprotected under this Protocol or the biologicalprocesses contributing to the maintenance of thoseecosystems;

b) cause either the extinction of, or a substantialreduction in, the number of individuals makingup the populations or species of flora and fauna,in particular endangered, threatened, migratoryor endemic species.

2. Parties which grant exemptions from the protectionm e a s u res shall inform the Contracting Part i e saccordingly.

24

In formulating protectivemeasures, the Parties shall take

into account the traditionalsubsistence and cultural activities

of the local population.

Article 22

MUTUAL ASSISTANCE

1. The Parties shall cooperate, directly or with theassistance of the Centre or the intern a t i o n a lorganizations concerned, in formulating, financingand implementing programmes of mutual assistanceand assistance to developing countries that express aneed for it with a view to implementing this Protocol.

2. These programmes shall include public environmentaleducation, the training of scientific, technical andmanagement personnel, scientific re s e a rch, theacquisition, utilization, design and development ofappropriate equipment, and transfer of technology onadvantageous terms to be agreed among the Partiesconcerned.

3. The Parties shall, in matters of mutual assistance, givepriority to the SPAMIs and species appearing in theAnnexes to this Protocol.

Article 23

REPORTS OF THE PARTIES

The Parties shall submit to ordinary meetings of theParties a report on the implementation of this Protocol, inparticular on:

a) the status and the state of the areas included inthe SPAMI List;

b) any changes in the delimitation or legal status ofthe SPAMIs and protected species;

c) possible exemptions allowed pursuant to Articles12 and 18 of this Protocol.

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species and assessing the effectiveness of measurestaken to implement management and recovery plans.

3. The Parties shall exchange, directly or through theCentre, scientific and technical information concerningc u rrent and planned re s e a rch and monitoringprogrammes and the results thereof. They shall, to thefullest extent possible, coordinate their research andmonitoring programmes, and endeavour jointly todefine or standardize their procedures.

4. In technical and scientific research, the Parties shallgive priority to SPAMIs and species appearing in theAnnexes to this Protocol.

Article 21

MUTUAL COOPERATION

1. The Parties shall, directly or with the assistance of theC e n t re or international organizations concern e d ,establish cooperation programmes to coordinate theestablishment, conservation, planning andmanagement of specially protected areas, as well asthe selection, management and conservation ofprotected species. There shall be regular exchanges ofinformation concerning the characteristics of protectedareas and species, the experience acquired and theproblems encountered.

2. The Parties shall, at the earliest opport u n i t y,communicate any situation that might endanger theecosystems of specially protected areas or the survivalof protected species of flora and fauna to the otherParties, to the States that might be affected and to theCentre.

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The Parties shall exchange,directly or through the

RAC/SPA, scientific andtechnical information concerning

current and planned researchand monitoring programmesand the results thereof. They

shall, to the fullest extentpossible, coordinate theirresearch and monitoring

programmes, and endeavourjointly to define or standardize

their procedures.

- developing cooperative programmes pursuant toArticle 21 of this Protocol;

- p reparing educational materials designed forvarious groups;

b) convening and organizing the meetings of theNational Focal Points and providing them withsecretariat services;

c) formulating recommendations on guidelines andcommon criteria pursuant to Article 16 of thisProtocol;

d) creating and updating databases of speciallyprotected areas, protected species and othermatters relevant to this Protocol;

e) preparing reports and technical studies that maybe re q u i red for the implementation of thisProtocol;

f) elaborating and implementing the trainingp rogrammes mentioned in Article 22, paragraph 2;

g) cooperating with regional and intern a t i o n a lg o v e rnmental and non-govern m e n t a lorganizations concerned with the protection ofareas and species, provided that the specificity ofeach organization and the need to avoid theduplication of activities are respected;

h) carrying out the functions assigned to it in theaction plans adopted in the framework of thisProtocol;

i) carrying out any other function assigned to it bythe Parties.

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Under the supervision of UNEP,the MAP Coordinating Unit is

responsible for coordinating theimplementation of this Protocol.For this purpose, it receives the

support of RAC/SPA.

PART V

INSTITUTIONAL PROVISIONS

Article 24

NATIONAL FOCAL POINTS

Each Party shall designate a National Focal Point toserve as liaison with the Centre on the technical and scientificaspects of the implementation of this Protocol. The NationalFocal Points shall meet periodically to carry out the functionsderiving from this Protocol.

Article 25

COORDINATION

1. The Organization shall be responsible forcoordinating the implementation of this Protocol. Forthis purpose, it shall receive the support of the Centre,to which it may entrust the following functions:

a) assisting the Parties, in cooperation with thecompetent international, intergovernmental andnon-governmental organizations, in:

- establishing and managing specially protectedareas in the area to which this Protocol applies;

- conducting programmes of technical and scientificresearch as provided for in Article 20 of thisProtocol;

- conducting the exchange of scientific andtechnical information among the Parties asprovided for in Article 20 of this Protocol;

- p reparing management plans for speciallyprotected areas and species;

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The National Focal Points forSPA serve, for their respective

countries, as liaison withRAC/SPA on the technical and

scientific aspects of theimplementation of the Protocol.They meet periodically to carry

out their functions.

g) examining the recommendations of the meetingsof the National Focal Points pursuant to Article24 of this Protocol;

h) deciding on the inclusion of an area in the SPAMIList in conformity with Article 9, paragraph 4, ofthis Protocol;

i) examining any other matter relevant to thisProtocol, as appropriate;

j) discussing and evaluating the exemptions allowedby the Parties in conformity with Articles 12 and18 of this Protocol.

PART VI

FINAL PROVISIONS

Article 27

EFFECT OF THE PROTOCOL ON DOMESTICLEGISLATION

The provisions of this Protocol shall not affect the rightof Parties to adopt relevant stricter domestic measures for theimplementation of this Protocol.

Article 28

RELATIONSHIP WITH THIRD PARTIES

1. The Parties shall invite States that are not Parties to theProtocol and international organizations to cooperatein the implementation of this Protocol.

2. The Parties undertake to adopt appropriate measures,consistent with international law, to ensure that no oneengages in any activity contrary to the principles orpurposes of this Protocol.

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Article 26

MEETINGS OF THE PARTIES

1. The ordinary meetings of the Parties to this Protocolshall be held in conjunction with the ordinary meetingsof the Contracting Parties to the Convention heldpursuant to Article 14 of the Convention. The Partiesmay also hold extraordinary meetings in conformitywith that Article.

2. The meetings of the Parties to this Protocol areparticularly aimed at:

a) keeping under review the implementation of thisProtocol;

b) overseeing the work of the Organization and ofthe Centre relating to the implementation of thisProtocol and providing policy guidance for theiractivities;

c) considering the efficacy of the measures adoptedfor the management and protection of areas andspecies, and examining the need for othermeasures, in particular in the form of Annexesand amendments to this Protocol or to itsAnnexes;

d) adopting the guidelines and common criteriaprovided for in Article 16 of this Protocol;

e) considering reports transmitted by the Partiesunder Article 23 of this Protocol, as well as anyother pertinent information which the Partiestransmit through the Centre;

f) making recommendations to the Parties on themeasures to be adopted for the implementation ofthis Protocol;

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IN WITNESS WHEREOF, the undersigned, being dulyauthorized, have signed this Protocol.

DONE at Barcelona, on 10 June 1995, in a singlecopy in the Arabic, English, French and Spanish languages,the four texts being equally authoritative, for signature byany Party to the Convention.

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Article 29

SIGNATURE

This Protocol shall be open for signature in Barcelonaon 10 June 1995 and in Madrid from 11 June 1995 to 10June 1996 by any Contracting Party to the Convention.

Article 30

RATIFICATION, ACCEPTANCE OR APPROVAL

This Protocol shall be subject to ratification,acceptance or approval. Instruments of ratification,acceptance or approval shall be deposited with theGovernment of Spain, which will assume the functions ofDepositary.

Article 31

ACCESSION

As from 10 June 1996, this Protocol shall be open foraccession by any State and regional economic groupingwhich is Party to the Convention.

Article 32

ENTRY INTO FORCE

1. This Protocol shall enter into force on the thirtieth dayfollowing the deposit of the sixth instrument ofratification, acceptance or approval of, or accessionto, the Protocol.

2. From the date of its entry into force, this Protocol shallreplace the Protocol concerning Mediterr a n e a nSpecially Protected Areas of 1982, in the relationshipamong the Parties to both instruments.

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ANNEX I

COMMON CRITERIA FOR THE CHOICEOF PROTECTED MARINE AND COASTALAREAS THAT COULD BE INCLUDED IN

THE SPAMI LIST

A. GENERAL PRINCIPLES

The Contracting Parties agree that the followinggeneral principles will guide their work in establishing theSPAMI List:

a) The conservation of the natural heritage is the basicaim that must characterize a SPAMI. The pursuit of otheraims such as the conservation of the cultural heritage, andthe promotion of scientific research, education, participation,collaboration, is highly desirable in SPAMIs and constitutes afactor in favour of a site being included on the List, to theextent in which it remains compatible with the aims ofconservation.

b) No limit is imposed on the total number of areasincluded in the List or on the number of areas any individualParty can propose for inscription. Nevertheless, the Partiesagree that sites will be selected on a scientific basis andincluded in the List according to their qualities; they will havetherefore to fulfil the requirements set out by the Protocol andthe present criteria.

c) The listed SPAMIs and their geographicaldistribution will have to be re p resentative of theMediterranean region and its biodiversity. To this end the Listwill have to represent the highest number possible of types ofhabitats and ecosystems.

d) The SPAMIs will have to constitute the core of anetwork aiming at the effective conservation of the

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c) Diversity

The area has a high diversity of species, communities,habitats or ecosystems.

d) Naturalness

The area has a high degree of naturalness as a resultof the lack or low level of human-induced disturbance anddegradation.

e) Presence of habitats that are critical to endangered,threatened or endemic species.

f) Cultural representativeness

The area has a high representative value with respectto the cultural heritage, due to the existence ofenvironmentally sound traditional activities integrated withnature which support the well-being of local populations.

3. To be included in the SPAMI List, an area havingscientific, educational or aesthetic interest must, respectively,present a particular value for research in the field of naturalsciences or for activities of environmental education ora w a reness or contain outstanding natural feature s ,landscapes or seascapes.

4. Besides the fundamental criteria specified in article8, paragraph 2, of the Protocol, a certain number of othercharacteristics and factors should be considered asfavourable for the inclusion of the site in the List. Theseinclude:

a) the existence of threats likely to impair theecological, biological, aesthetic or cultural value of the area;

b) the involvement and active participation of thepublic in general, and particularly of local communities, inthe process of planning and management of the area;

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Mediterranean heritage. To attain this objective, the Partieswill develop their cooperation on bilateral and multilateralbases in the field of conservation and management ofnatural sites and notably through the establishment oftransboundary SPAMIs.

e) The sites included in the SPAMI List are intended tohave a value of example and model for the protection of thenatural heritage of the region. To this end, the Parties ensurethat sites included in the List are provided with adequatelegal status, protection measures and management methodsand means.

B. GENERAL FEATURES OF THE AREAS THAT COULDBE INCLUDED IN THE SPAMI LIST

1. To be eligible for inclusion in the SPAMI List, anarea must fulfil at least one of the general criteria set inArticle 8 paragraph 2 of the Protocol. Several of thesegeneral criteria can in certain cases be fulfilled by the samearea, and such a circumstance cannot but strengthen thecase for the inclusion of the area in the List.

2. The regional value is a basic requirement of anarea for being included in the SPAMI List. The followingcriteria should be used in evaluating the Mediterraneaninterest of an area:

a) Uniqueness

The area contains unique or rare ecosystems, or rareor endemic species.

b) Natural representativeness

The area has highly re p resentative ecologicalprocesses, or community or habitat types or other naturalcharacteristics. Representativeness is the degree to which anarea represents a habitat type, ecological process, biologicalc o m m u n i t y, physiographic feature or other naturalcharacteristic.

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set for the site in the short and long term, and take inparticular into account the threats upon it.

3. Protection, planning and management measuresmust be based on an adequate knowledge of the elements ofthe natural environment and of socio-economic and culturalfactors that characterize each area. In case of shortcomingsin basic knowledge, an area proposed for inclusion in theSPAMI List must have a programme for the collection of theunavailable data and information.

4. The competence and responsibility with regard toadministration and implementation of conserv a t i o nmeasures for areas proposed for inclusion in the SPAMI Listmust be clearly defined in the texts governing each area.

5. In the respect of the specificity characterizing eachprotected site, the protection measures for a SPAMI must takeaccount of the following basic aspects:

a) the strengthening of the regulation of the release ordumping of wastes and other substances likely directly orindirectly to impair the integrity of the area;

b) the strengthening of the regulation of theintroduction or reintroduction of any species into the area;

c) the regulation of any activity or act likely to harmor disturb the species, or that might endanger theconservation status of the ecosystems or species or mightimpair the natural, cultural or aesthetic characteristics of thearea;

d) the regulation applicable to the zones surroundingthe area in question.

6. To be included in the SPAMI List, a protected areamust have a management body, endowed with sufficientpowers as well as means and human resources to preventand/or control activities likely to be contrary to the aims ofthe protected area.

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c) the existence of a body representing the public,professional, non-governmental sectors and the scientificcommunity involved in the area;

d) the existence in the area of opportunities forsustainable development;

e) the existence of an integrated coastal managementplan within the meaning of Article 4 paragraph 3 (e) of theConvention.

C. LEGAL STATUS

1. All areas eligible for inclusion in the SPAMI Listmust be awarded a legal status guaranteeing their effectivelong-term protection.

2. To be included in the SPAMI List, an area situatedin a zone already delimited over which a Party exercisessovereignty or jurisdiction must have a protected statusrecognized by the Party concerned.

3. In the case of areas situated, partly or wholly, on thehigh sea or in a zone where the limits of national sovere i g n t yor jurisdiction have not yet been defined, the legal status, themanagement plan, the applicable measures and the otherelements provided for in Article 9, paragraph 3, of theP rotocol will be provided by the neighbouring Part i e sc o n c e rned in the proposal for inclusion in the SPAMI List.

D. PROTECTION, PLANNING AND MANAGEMENTMEASURES

1. Conservation and management objectives must beclearly defined in the texts relating to each site, and willconstitute the basis for assessment of the adequacy of theadopted measures and the effectiveness of theirimplementation at the revisions of the SPAMI List.

2. Protection, planning and management measuresapplicable to each area must be adequate for theachievement of the conservation and management objectives

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ANNEX II

LIST OF ENDANGERED OR THREATENEDSPECIES

MagnoliophytaPosidonia oceanicaZostera marinaZostera noltii

ChlorophytaCaulerpa ollivieri

PhaeophytaCystoseira amentacea (including v a r. stricta and v a r. spicata)Cystoseira mediterraneaCystoseira sedoidesCystoseira spinosa (including C. adriatica)Cystoseira zosteroidesLaminaria rodriguezii

RhodophytaGoniolithon byssoidesLithophyllum lichenoidesPtilophora mediterraneaSchimmelmannia schousboei

PoriferaAsbestopluma hypogeaAplysina sp. plur.Axinella cannabinaAxinella polypoidesGeodia cydoniumIrcinia foetidaIrcinia pipettaPetrobiona massilianaTethya sp. plur.

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7. To be included in the SPAMI List an area will haveto be endowed with a management plan. The main rules ofthis management plan are to be laid down as from the timeof inclusion and implemented immediately. A detailedmanagement plan must be presented within three years ofthe time of inclusion. Failure to respect this obligation entailsthe removal of the site from the List.

8. To be included in the SPAMI List, an area will haveto be endowed with a monitoring programme. Thisprogramme should include the identification and monitoringof a certain number of significant parameters for the area inquestion, in order to allow the assessment of the state andevolution of the area, as well as the effectiveness ofprotection and management measures implemented, so thatthey may be adapted if need be. To this end furthernecessary studies are to be commissioned.

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PiscesAcipenser naccariiAcipenser sturioAphanius fasciatusAphanius iberusCetorhinus maximusCarcharodon carchariasHippocampus ramulosusHippocampus hippocampusHuso husoLethenteron zanandreaiMobula mobularPomatoschistus canestriniiPomatoschistus tortoneseiValencia hispanicaValencia letourneuxi

ReptilesCaretta carettaChelonia mydasDermochelys coriaceaEretmochelys imbricataLepidochelys kempiiTrionyx triunguis

AvesPandion haliaetusCalonectris diomedeaFalco eleonoraeHydrobates pelagicusLarus audouiniiNumenius tenuirostrisPhalacrocorax aristotelisPhalacrocorax pygmaeusPelecanus onocrotalusPelecanus crispusPhoenicopterus ruberPuffinus yelkouan

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CnidariaAstroides calycularisErrina asperaGerardia savaglia

EchinodermataAsterina panceriiCentrostephanus longispinusOphidiaster ophidianus

BryozoaHornera lichenoides

MolluscaRanella olearia (= A rgobuccinum olearium = A. giganteum)Charonia lampas (= Ch. rubicunda = Ch. nodifera)Charonia tritonis (= Ch. seguenziae)Dendropoma petraeumErosaria spurcaGibbula nivosaLithophaga lithophagaLuria lurida (= Cypraea lurida)Mitra zonataPatella ferrugineaPatella nigraPholas dactylusPinna nobilisPinna rudis (= P. pernula)Schilderia achatideaTonna galeaZonaria pyrum

CrustaceaOcypode cursorPachylasma giganteum

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Sterna albifronsSterna bengalensisSterna sandvicensis

MammaliaBalaenoptera acutorostrataBalaenoptera borealisBalaenoptera physalusDelphinus delphisEubalaena glacialisGlobicephala melasGrampus griseusKogia simusMegaptera novaeangliaeMesoplodon densirostrisMonachus monachusOrcinus orcaPhocoena phocoenaPhyseter macrocephalusPseudorca crassidensStenella coeruleoalbaSteno bredanensisTursiops truncatusZiphius cavirostris

ANNEX III

LIST OF SPECIES WHOSE EXPLOITATIONIS REGULATED

PoriferaHippospongia communisSpongia agaricinaSpongia officinalisSpongia zimocca

CnidariaAntipathes sp. plur.Corallium rubrum

EchinodermataParacentrotus lividus

CrustaceaHomarus gammarusMaja squinadoPalinurus elephasScyllarides latusScyllarus pigmaeusScyllarus arctus

PiscesAlosa alosaAlosa fallaxAnguilla anguillaEpinephelus marginatusIsurus oxyrinchus

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Lamna nasusLampetra fluviatilisPetromyzon marinusPrionace glaucaRaja albaSciaena umbraSquatina squatinaThunnus thynnusUmbrina cirrosaXiphias gladius

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Photo Credits

A. Bouajina (Association GEXS) : page 8, page 19 (top)S. Panigada (Tethys Research Institute) : page 9, page 20M. Barbieri (RAC/SPA) : page 10, page 13 (bottom)M.N. Bradaï (INSTM) : page 12 (top)R. Tinarelli : page 12 (bottom), page 19 (bottom), page 24A. Demetropoulos : page 13 (top), page 23, page 15C. Raïs (RAC/SPA) : page 13 (middle), page 43E. Saïller (PNPC) : page 26P. Robert (PNPC) : page 41Schrichter (MEDASSET) : page 43

Cover page : A. BouajinaR. TinarelliA. Demetropoulos

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