MEDITERRANEAN SEA – Two Protocols to the Barcelona Convention System Enter Into Force: The “New and Innovative” ICZM Protocol and the “Dormant” Offshore Protocol

On 22 November 2010, Syria deposited its instruments of ratification of two Protocols to the Barcelona Convention system, the Integrated Coastal Zone Management in the Mediterranean Protocol, 2008 (the ICZM Protocol) and the 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, 1994 (the Offshore Protocol), thus bringing the total number of ratifications of both Protocols to six. After this latest development, both legal instruments will enter into force on the thirtieth day (30) following the date of the deposit of at least six (6) instruments of ratification, acceptance, approval or accession (Article 39 of the ICZM Protocol, and Article 32(4) of the Offshore Protocol). Syria is the first among the Mediterranean Countries to have ratified the Barcelona Convention, its seven Protocols and all its amendments.

“At a time of serious concerns for our environment, as witnessed by the accident in the Gulf of Mexico and the record number of natural disasters linked to climatic variations, Mediterranean countries stepped up one gear in their efforts to protect our sea and coastal area. The leadership of Syria should be commended”, said Maria Luisa Silva Mejias, UNEP/MAP Deputy Coordinator and Officer in charge. “The entry into force of these two Protocols provides the region with unique and powerful legal instruments to address environmental threats linked to offshore platforms and coastal degradation. These developments will allow Mediterranean countries to activate a regional response mechanism in case an accident similar to the one on the Gulf of Mexico would happen, and will also allow for better preparedness and protection of our coasts against climate variability”.

The ICZM Protocol, 2008,* is a unique legal instrument in the entire international community, a key tool for the sustainable governance of coastal development, as it establishes an effective conventional regime ensuring that the environment and landscapes of the Mediterranean coastal zone are managed in harmony with economic, social and cultural actions and activities for the benefit of current and future generations. The Protocol adds provisions on the environmental impact analysis, the protection and sustainable use of coastal areas, particular coastal ecosystems, coastal landscapes and islands, economic activities and cultural heritage while it allows the countries to deal with the emerging coastal environmental challenges, such as the climate change. It also contains useful and innovative tools to help Mediterranean countries in addressing environmental threats to the coast such as 100 meters non-building line, institutional coordination, participatory approach, undertaking carrying capacity assessment and strategic environmental impact assessments, but also in building new modes of innovative knowledge through inter-disciplinary educational programmes, training and research.

The Offshore Protocol, 1994,** remains a powerful and important regional instrument, taking into account the provisions contained in the United Nations Convention on the Law of the Sea, 1982. It establishes a conventional regime governing the protection of the Mediterranean Sea from pollution resulting from exploration and exploitation of the continental shelf, the seabed and its subsoil, covering the whole Mediterranean Sea.  Being, however, negotiated and signed before the extensive revision of the Barcelona Convention and its Protocols (a process which started in 1995), the Protocol, despite the importance of its entry into force, urgently needs to be revised and updated.***