Convention for the Prevention of Marine Pollution from Land-Based Sources 2

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Contents

Convention for the Prevention of Marine Pollution from Land-Based Sources

 

Article 11

The Contracting Parties agree to set up progressively and to operate within
the area covered by the present convention a permanent monitoring system
allowing:
— the earliest possible assessment of the existing level of marine
pollution;
— the assessment of the effectiveness of measures for the reduction of
marine pollution from land-based sources taken under the terms of the
present conventions.

For this purpose the Contracting Parties shall lay down the ways and means
of pursuing individually or jointly systematic and ad hoc monitoring
programmes. These programmes shall take into account the deployment of
research vessels and other facilities in the monitoring area.

The programmes shall take into account similar programmes pursued in
accordance with conventions already in force and by the appropriate
International Organizations and agencies.

Article 12

1. Each Contracting Party undertakes to ensure compliance with the
provisions of this convention and to take in its territory appropriate
measures to prevent and punish conduct in contravention of the provisions
of the present convention.

2. The Contracting Parties shall inform the Commission of the legislative
and administrative measures they have taken to implement the provisions of
the preceding paragraph.

Article 13

The Contracting Parties undertake to assist one another as appropriate to
prevent incidents which may result in pollution from land-based sources, to
minimize and eliminate the consequences of such incidents, and to exchange
information to that end.

Article 14

1. The provisions of the present convention may not be invoked against a
Contracting Party to the extent that the latter is prevented, as a result
of pollution having its origin in the territory of a non-contracting State,
from ensuring their full application.

2. However, the said Contracting Party shall endeavour to cooperate with
the non-contracting State so as to make possible the full application of
the present convention.

Article 15

A Commission composed of representatives of each of the Contracting Parties
is hereby established. The Commission shall meet at regular intervals and
at any time when due to special circumstances it is so decided in
accordance with its rules of procedure.

Article 16

It shall be the duty of the Commission:
(a) to exercise overall supervision over the implementation of the
present convention;
(b) to review generally the condition of the seas within the area to
which the present convention applies, the effectiveness of the
control measures being adopted and the need for any additional or
different measures;
(c) to fix, if necessary, on the proposal of the Contracting Party or
Parties bordering on the same watercourse and following a standard
procedure, the limit to which the maritime area shall extend in that
watercourse;
(d) to examine the feasibility of and, as appropriate, to draw up, in
accordance with Article 4 of the present convention, programmes and
measures for the elimination or reduction of pollution from
land-based sources;
(e) to make recommendations in accordance with the provisions of Article
9;
(f) to receive and review information and distribute it to the
Contracting Parties in accordance with the provisions of Articles 11,
12 and 17 of the present convention;
(g) to make, in accordance with Article 18, recommendations regarding any
amendment to the lists of substances included in Annex A to the
present convention;
(h) to discharge such other functions, as may be appropriate, under the
terms of the present convention.

Article 17

The Contracting Parties, in accordance with a standard procedure, shall
transmit to the Commission:
(a) the results of monitoring pursuant to Article 11;
(b) the most detailed information available on the substances listed in
the Annexes to the present convention and liable to find their way
into the maritime area.

The Contracting Parties shall endeavour to improve progressively techniques
for gathering such information which can contribute to the revision of the
pollution reduction programmes drawn up in accordance with Article 4 of the
present convention.

Article 18

1. The Commission shall draw up its own Rules of Procedure which shall be
adopted by unanimous vote.

2. The Commission shall draw up its own Financial Regulations which shall
be adopted by unanimous vote.

3. The Commission shall adopt, by unanimous vote, programmes and measures
for the reduction or elimination of pollution from land-based sources as
provided for in Article 4, programmes for scientific research and
monitoring as provided for in Articles 10 and 11, and decisions under
Article 16(c).

The programmes and measures shall commence for and be applied by all
Contracting Parties 200 days after their adoption. unless the Commission
specifies another date.

Should unanimity not be attainable, the Commission may nonetheless adopt a
programme or measures by a three-quarters majority vote of its members. The
programmes or measures shall commence for those Contracting Parties which
voted for them 200 days after their adoption, unless the Commission
specifies another date, and for any other Contracting Party after it has
explicitly accepted the programme or measures, which it may do at any time.

4. The Commission may adopt recommendations for amendments to Annex A to
the present convention by a three-quarters majority vote of its members and
shall submit them for the approval of the Governments of the Contracting
Parties. Any Government of a Contracting Party that is unable to approve an
amendment shall notify the depositary Government in writing within a period
of 200 days after the adoption of the recommendation of amendment in the
Commission. Should no such notification be received, the amendment shall
enter into force for all Contracting Parties 230 days after the vote in the
Commission. The depositary Government shall notify the Contracting Parties
as soon as possible of the receipt of any notification.

Article 19

Within the areas of its competence, the European Economic Community is
entitled to a number of votes equal to the number of its Member States
which are Contracting Parties to the present convention.

The European Economic Community shall not exercise its right to vote in
cases where its Member States exercise theirs and conversely.

Article 20

The depositary Government shall convene the first meeting of the Commission
as soon as possible after the coming into force of the present convention.

Article 21

Any dispute between Contracting Parties relating to the interpretation or
application of the present convention, which cannot be settled otherwise by
the parties concerned, for instance by means of inquiry or conciliation
within the Commission, shall, at the request of any of those parties, be
submitted to arbitration under the conditions laid down in Annex B to the
present convention.

Article 22

The present convention shall be open for signature at Paris, from June 4,
1974 to June 30, 1975, by the States invited to the diplomatic conference
on the convention for the prevention of marine pollution from land-based
sources, held at Paris, and by the European Economic Community.

Article 23

The present convention shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall be
deposited with the Government of the French Republic.

Article 24

1. After June 30, 1975, the present convention shall be open for accession
by States referred to in Article 22 and by the European Economic Community.

2. The present convention shall also be open for accession from the same
date by any other Contracting Party to the convention for the prevention of
marine pollution by dumping from ships and aircraft, opened for signature
at Oslo on 15th February 1972.

3. From the date of its entry into force, the present convention shall be
open for accession by any State not referred to in Article 22, located
upstream on watercourses crossing the territory of one or more Contracting
Parties to the present convention and reaching the maritime area defined in
Article 2.

4. The Contracting Parties may unanimously invite other States to accede to
the present convention. In that case the maritime area in Article 2 may, if
necessary, be amended in accordance with Article 27 of the present
convention.

5. The instruments of accession shall be deposited with the Government of
the French Republic.

Article 25

1. The present convention shall come into force on the thirtieth day
following the date of deposit of the seventh instrument of ratification,
acceptance, approval or accession.

2. For each Party ratifying, accepting or approving the present convention
or acceding to it after the deposit of the seventh instrument of
ratification, acceptance, approval or accession, the present convention
shall enter into force on the thirtieth day after the date of deposit by
that party of its instrument of ratification, acceptance, approval or
accession.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention for the Prevention of Marine Pollution from Land-Based Sources, International Organizations.

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