| 
       Agreement relative
      to the creation of a mediterranean sanctuary for marine mammals 
      (English version by
      ICRAM)  | 
         
       
      The Parties to the present
      Agreement: 
      - Considering the threats encountered by Mediterranean marine mammals and
      in particular on their habitats, 
      - Considering that in the Mediterranean Sea there is an area within the
      distribution range of these animals, that is of particular importance for
      their conservation, 
      - Considering that according to the United Nations Convention on the Law
      of the Sea, the area in question is in part constituted by waters, with
      respect to which, each of the Contracting Parties exercises its
      sovereignty or jurisdiction, 
      - Considering that the European Community, as regards to two of the state
      parties, exercises complete competence in the field of conservation and
      management of living aquatic marine resources; that the technical measures
      of conservation of fishery resources in the Mediterranean are currently
      established by EC Council Regulation No. 1626/94, of 27.06.94, 
      - Recognising that as regards to two state parties, the provisions that
      will be adopted in the application of the present Agreement cannot
      prejudice the relevant Community principles and provisions, neither that
      they may put in question their obligation and duties as EC member states, 
      - Keeping in mind the treaties and the other relevant international
      instruments, namely, 
      - the conventions on the conservation of migratory species of wild fauna
      and the relating convention on the conservation of European habitats and
      wildlife fauna, 
      - the international convention for the regulation of whaling and the
      Agreement for the Conservation of Cetaceans of the Mediterranean and Black
      Seas and Contiguous Atlantic areas, 
      - the Convention for the Protection of the marine environment and the
      coastal region of the Mediterranean, and its relative Protocols, 
      wishing to take action for
      the conservation of Mediterranean marine mammals, have agreed as follows: 
      Article 1
      With respect to the
      present Agreement: 
      a) a conservation status is deemed to be "favourable" when the
      knowledge on the populations, indicate that the marine mammal species of
      the region are maintaining themselves as a viable component of their
      ecosystem. 
      b) the term "habitat" means any part of the range area of marine
      mammals, temporarily or permanently occupied by them, and utilised in
      particular for reproductive, birthing, feeding activities as well as a
      migration route. 
      c) the term "taking" means the hunting, the capturing, the
      killing and the harassment of marine mammals including the attempt to
      conduct such activities. 
      Article 2
      1. The parties establish a
      marine sanctuary within the area of the Mediterranean Sea as defined in
      article 3, whose biological diversity and richness represent an
      indispensable attribute for the protection of marine mammals and their
      habitats. 
      2. The Parties will protect all species of marine mammals within the
      Sanctuary. 
      Article 3
      The sanctuary is composed
      of maritime areas situated within the internal waters and territorial seas
      of the French Republic, the Italian Republic and the Principality of
      Monaco, as well as portions of adjacent high seas. The limits of the
      sanctuary are the following: 
      - to the west, a line extending from Point Escampobariou (western point of
      the Giens peninsula: 43º01'70'N, 06º05"90''E) to Cape Falcone,
      situated on the western coast of the island of Sardinia (40º58'00''N, 008º12'00''E), 
      - to the east, a line extending from Cape Ferro, situated on the
      north-eastern coast of Sardinia (41º09'18''N, 009º31'18''E) to Fosso
      Chiarone, situated on the western Italian coast (42º21'24''N, 011º31'00''E). 
      Article 4
      The Parties undertake to
      adopt within the sanctuary, the appropriate measures mentioned in the
      following articles, so as to ensure the favourable conservation status of
      marine mammals, by protecting both them and their habitat, from any
      negative direct or indirect impacts resulting from human activities. 
      Article 5
      The Parties shall
      co-operate with the intent of periodically assessing the marine mammal
      population status, the causes of mortality, and the threats interfering on
      their habitat and in particular on their biological functions such as
      feeding and reproductive activities. 
      Article 6
      1. Taking into account
      their international obligations, the Parties shall conduct monitoring
      activities within the Sanctuary and shall intensify the fight against any
      form of pollution, whether of maritime or land-based origin having or
      likely to have a direct or indirect impact on the marine mammal
      conservation status. 
      2. The Parties will adopt national strategies aimed at phasing out the
      release of toxic compounds within the sanctuary, giving priority to
      substances listed in Annex I of the Protocol against Pollution from Land
      Based Sources and Activities of the Barcelona Convention for the
      Protection of the Mediterranean Sea against Pollution. 
      Article 7
      Within the Sanctuary the
      Parties: 
      a) will forbid any deliberate take or intentional disturbance of marine
      mammals; however the non -lethal take of individuals shall be authorised
      in case of emergency situations or within the scope of scientific
      activities carried out "in situ" and in compliance with the
      terms of this Agreement, 
      b) will comply with the international regulations and those of the
      European Community, regarding the use and the keeping of fishing equipment
      known as "pelagic drift net", 
      c) will exchange their view, as deemed necessary, to promote in the
      appropriate fora and after scientific evaluation, the adoption of
      regulations relating to the use of new fishing equipment that could result
      in the indirect capture of marine mammals or that could endanger their
      sources of prey, while also considering the risk of loss of or deliberate
      disposal of fishing equipment at sea. 
      Article 8
      In the sanctuary, Parties
      shall regulate the watching of marine mammals for touristic purposes. 
      Article 9
      The Parties will exchange
      views with the aim of regulating and if appropriate, forbidding high-speed
      motorboat competitions within the Sanctuary. 
      Article 10
      The Parties exchange their
      views in order to harmonise, as far as possible, the regulation measures
      pursuant to the previous articles. 
      Article 11
      Without prejudice of the
      relevant provisions of international law and if appropriate of the
      European Community regulations, nothing of the preceding dispositions will
      prevent the Parties from enacting stricter national regulation measures. 
      Article 12
      1. The Parties will hold
      regular meetings for the putting in action and the follow-up of the
      present Agreement. The Parties establish the organisational aspects
      required for such meetings taking into account the presence of already
      existing structures. 
      2. In this framework they shall favour and encourage: 
      a) national and international research programs geared to establish the
      scientific aspects of application of the present Agreement; 
      b) awareness-building campaigns geared at professional and other marine
      users, and non-governmental organisations, with particular emphasis on
      campaigns regarding the prevention of collision between vessels and marine
      mammals and the need to communicate the presence of dead or distressed
      mammals to the competent local authorities. 
      Article 13
      In order to ensure the
      application of the measures included in the present Agreement the Parties
      appeal, in particular, to the authorities responsible for maritime
      patrolling. They agree to exchange all relevant information recorded in
      this context. To this purpose the Parties will facilitate the mutual use
      of their air and maritime ports through simplified procedures. 
      Article 14
      1. In the part of the
      sanctuary located within the waters subject to its sovereignty or
      jurisdiction, each of the State Parties to the present Agreement is
      responsible for the application of the relevant provisions. 
      2. In the other parts of the sanctuary, each of the State Parties is
      responsible for the application of the provisions of the present Agreement
      with respect to ships flying its flag as well as, within the limits
      provided for by the rules of international law, with respect to ships
      flying the flag of third States. 
      Article 15
      Nothing in the present
      Agreement will prejudice the sovereign immunity of warships or other ships
      owned or operated by a State while engaged in government non-commercial
      service. However, each Contracting Party shall ensure that its vessels and
      aircraft entitled to sovereign immunity under international law, act in a
      manner consistent with the present Agreement. 
      Article 16
      As soon as the Protocol
      concerning specially protected areas and biological diversity in the
      Mediterranean enters into force for them, the Parties will present a joint
      proposal for inclusion of the sanctuary in the list of specially protected
      areas of Mediterranean importance. 
      Article 17
      1. The Parties invite
      other States, exercising activities within the area defined in Art. 3, to
      take protection measures similar to those foreseen by the present
      Agreement, taking into account the Action Plan adopted within the UNEP/MAP
      framework for the conservation of cetaceans in the Mediterranean and the
      Agreement on the conservation of cetaceans of the Black Sea, Mediterranean
      Sea and contiguous Atlantic area, or any other pertinent treaty. 
      2. The present Agreement is communicated to all international
      organisations competent at the international or regional level, as well as
      to the Parties to the Convention for the protection of the marine
      environment and the coastal region of the Mediterranean. 
      Article 18
      The present Agreement is
      subject to ratification, acceptance or approval by the signatory parties. 
      Article 19
      1. The instruments of
      ratification, acceptance or approval will be deposited with the Government
      designed as depositary of the present Agreement. 
      2. The present Agreement will enter into force on the thirtieth day
      following the date of deposit of the instruments of ratification,
      acceptance or approval of the signatory Parties. 
      Article 20
      1. The Parties may invite
      any other interested State or international organisation to accede to the
      present Agreement. Accession will be open after the entry into force of
      the Agreement. 
      2. The present Agreement will enter into force, with regard to the
      acceding Parties, on the thirtieth day following the date of deposit of
      the instrument of accession, acceptance or approval. 
      Article 21
      1. Any Party may ask for
      the convening of a conference for the revision of the Agreement. All
      revisions will require the agreement of the signatory Parties. 
      2. Ant Party may denounce the Agreement. The denunciation will take effect
      three months after its notification to the depositary. The denunciation by
      an acceding Party will not cause the termination of the Agreement for the
      other Parties. 
      Article 22
      1. The present Agreement,
      written in the Franch and Italian languages, each version being equally
      authentic, is deposited with the archives of the Government of the
      Principality of Monaco. 
      2. The present agreement will be registered by the depositary in
      conformity to Art. 102 of the Charter of the United Nations. 
      Signed in Rome, on the
      25th of November 1999. 
      For the Principality of
      Monaco 
      For the French Republic 
      For the Italian Republic 
      DECLARATION
      The representatives of the
      three signatory Parties express their satisfaction for the happy
      finalisation of a document on which they have worked for more than six
      years. Being it understood that, as with all human work, this agreement is
      perfectible, it represents the first crucial step towards a real and
      effective protection of mammals in the western Mediterranean. 
      Without waiting for the ratification procedures, the signatory Parties
      will as from today endeavour to facilitate the application of the
      Agreement by establishing the bases for the management of the sanctuary. 
      The signatory Parties may rely on the work already accomplished by
      themselves at the state and the territorial entities level. In particular,
      the experience gained within the RAMOGE agreement will positively
      contribute to the establishment and management of the sanctuary. 
      The Parties hope that, besides the rapid fulfilment of the undertakings
      embodied in the Agreement by the competent authorities of the State and
      territorial entities, studies on a certain number of points that may
      complete the substance of the Agreement be conducted, applying the
      precautionary principle. This refers in particular to the consequences on
      marine mammals of the use of means for seismic and acoustic prospection
      and detection, as well as the possible exploitation of non-living natural
      resources. Lastly, the question of noise and speed of vessels, already
      addressed in the Agreement with regard to high-speed motorboat races, will
      need to be also examined. 
      
        
                
                 
                 | 
         
       
           |