to the creation of a mediterranean sanctuary for marine mammals
(English version by
The Parties to the present
- 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
- 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
- the conventions on the conservation of migratory species of wild fauna
and the relating convention on the conservation of European habitats and
- 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:
With respect to the
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
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
c) the term "taking" means the hunting, the capturing, the
killing and the harassment of marine mammals including the attempt to
conduct such activities.
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
2. The Parties will protect all species of marine mammals within the
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).
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.
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.
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
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.
Within the Sanctuary the
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.
In the sanctuary, Parties
shall regulate the watching of marine mammals for touristic purposes.
The Parties will exchange
views with the aim of regulating and if appropriate, forbidding high-speed
motorboat competitions within the Sanctuary.
The Parties exchange their
views in order to harmonise, as far as possible, the regulation measures
pursuant to the previous articles.
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.
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
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.
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.
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.
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.
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.
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.
The present Agreement is
subject to ratification, acceptance or approval by the signatory parties.
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.
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
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.
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
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
For the French Republic
For the Italian Republic
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.