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LEGAL PROBLEMS ARISING FROM THE PRESENT STATE OF IMPLEMENTATION OF THE BARCELONA CONVENTION AND ITS ... - page 2 / 14

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THE PROBLEM OF THE PRESENT STATUS OF RATIFICATION OF THE BARCELONA CONVENTION AND ITS PROTOCOLS

THE CURRENT SITUATION

The first category includes the amended instruments.

   The Barcelona Convention, as amended in 1995, has entered into force (9 July 2004) after being accepted by 16 Contracting Parties in accordance with Article 22(4) of the Convention and today 18 out of the 22 CPs have accepted it. Neither the Dumping Protocol (as amended in 1995, and so far accepted by 14 Contracting Parties), nor the Land-based Sources Protocol (as amended in 1996 and so far accepted by 13 Contracting Parties), have as yet entered into force.

The second category includes the two new replacing instruments.

   The new 1995 SPA & Biodiversity Protocol has entered into force on 12 December 1999 replacing the 1980 SPA Protocol in accordance with its Article 32 and being, so far, ratified by 14 Contracting Parties. The new 2004 Prevention and Emergency Protocol has entered into force on 17 March 2004 replacing the 1976 Emergency Protocol in accordance with its Article 25 and being, so far, ratified by 7 Contracting Parties.

The third category contains two signed but unratified instruments.

   The 1994 Offshore Protocol signed by 11 Contracting Parties, and, despite the lapse of 11 years, is only ratified by 4 Contracting Parties and is not as yet in force. Similarly, the 1996 Hazardous Wastes Protocol signed by 11 Contracting Parties, and ratified by 5 Contracting Parties and is not as yet in force.

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