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Protocol concerning Specially Protected Areas and Biological Diversity

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Protocol concerning Specially Protected Areas and Biological Diversity
NameProtocol concerning Specially Protected Areas and Biological Diversity
TypeInternational environmental protocol
Signed1995
PartiesSpain, France, Italy, Greece, Turkey, Egypt, Israel, Lebanon, Syria, Libya, Tunisia, Algeria, Morocco, Malta
DepositorUnited Nations Environment Programme
LanguagesEnglish language, French language, Spanish language

Protocol concerning Specially Protected Areas and Biological Diversity

The Protocol concerning Specially Protected Areas and Biological Diversity is a regional environmental instrument adopted within the framework of the Barcelona Convention to protect marine and coastal biodiversity across the Mediterranean Sea basin. It establishes legally binding measures for the creation of specially protected areas, species protection, habitat conservation, and the sustainable use of biological resources, linking regional cooperation with global instruments such as the Convention on Biological Diversity and the Ramsar Convention.

Background and Negotiation

Negotiations emerged from a sequence of multilateral processes including the Barcelona Convention, the United Nations Conference on Environment and Development in Rio de Janeiro, and preparatory work by the United Nations Environment Programme and the World Wide Fund for Nature. Delegations from Mediterranean states such as Spain, France, Italy, Greece, Turkey, Egypt, Israel, and Lebanon negotiated text in forums involving experts from the International Union for Conservation of Nature, the Food and Agriculture Organization of the United Nations, and regional bodies like the Barcelona Convention Secretariat. Key diplomatic actors included representatives tied to the European Union accession processes, bilateral conservation projects with United States agencies, and NGOs active since events such as the 1992 Earth Summit.

Scope and Objectives

The Protocol targets the coastal and marine environments of the Mediterranean basin, addressing habitats associated with archipelagos like the Balearic Islands, Sicily, and Cyprus, and marine features including the Strait of Gibraltar and the Suez Canal approaches. It aims to harmonize national measures for defending species listed under parallel frameworks such as the Bern Convention and the Barcelona Convention protocols, to curb threats exemplified by incidents like the Amoco Cadiz oil spill and invasive taxa recorded after constructions such as the Suez Canal enlargement. Objectives align with global targets set by the Convention on Biological Diversity and regional priorities articulated in the Mediterranean Action Plan.

Key Provisions and Obligations

The Protocol requires parties to designate Specially Protected Areas of Mediterranean Importance and adopt measures for protection of species including marine mammals like the Mediterranean monk seal, seabirds akin to species protected under the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, and habitats comparable to those listed in the Ramsar Convention. It obliges signatories to regulate activities such as fishing governed by rules similar to those of the International Commission for the Conservation of Atlantic Tunas, shipping influenced by standards under the International Maritime Organization, and coastal development referenced in instruments like the EU Habitats Directive. Provisions also address pollution controls referenced in the MARPOL convention and environmental impact assessment procedures analogous to commitments under the Espoo Convention.

Implementation Mechanisms

Implementation combines national legislation, regional action plans, and scientific cooperation facilitated by entities like the Barcelona Convention Secretariat, the UNEP/MAP programme, and research institutions such as the Mediterranean Science Commission (CIESM). Parties prepare management plans drawing on methods promoted by the International Union for Conservation of Nature and data-sharing aligned with the Global Biodiversity Information Facility and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. Funding and technical assistance have been mobilized through partnerships with the European Environment Agency, the World Bank, and bilateral donors including the France Development Agency.

Institutional Framework and Governance

Governance is anchored in the regional framework of the Barcelona Convention and implemented through the Contracting Parties meetings, working groups, and the Conference of the Parties structure used by instruments such as the Convention on Biological Diversity. The protocol’s governance engages regional actors including the Union for the Mediterranean, the European Union, and NGO coalitions like BirdLife International and WWF Mediterranean. Scientific and advisory roles are played by bodies like CIESM and the IUCN Species Survival Commission, mirroring governance practices under the Convention on Migratory Species.

Compliance, Monitoring, and Enforcement

Compliance mechanisms rely on national reporting, periodic assessment by the Barcelona Convention Secretariat, and peer-review modalities comparable to processes under the Convention on Biological Diversity. Monitoring integrates remote sensing technologies developed in collaboration with agencies such as the European Space Agency and marine surveys conducted by institutions like the National Oceanic and Atmospheric Administration. Enforcement remains primarily national, with cooperative enforcement resembling joint initiatives under the North East Atlantic Fisheries Commission and maritime surveillance partnerships among Spain, France, and Italy.

Impact and Criticism

The Protocol has facilitated the designation of multiple protected areas, contributed to species recovery initiatives for taxa like the Mediterranean monk seal and certain Cetacea species, and influenced regional planning in line with EU Natura 2000 principles. Critics argue that implementation is uneven across parties, pointing to gaps similar to those highlighted in assessments of the Convention on Biological Diversity and the Ramsar Convention regarding financing, enforcement, and integration with fisheries governance exemplified by debates within the International Maritime Organization and the Food and Agriculture Organization. Scholars and NGOs have called for stronger compliance mechanisms, increased transparency akin to reforms in the Paris Agreement framework, and deeper engagement with civil society actors such as Greenpeace and Friends of the Earth.

Category:International environmental law Category:Mediterranean Sea