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

Article 26

At any time after the expiry of two years from the date of coming into
force of the present convention in relation to any Contracting Party such
party may withdraw from the convention by notice in writing to the
depositary Government. Such notice shall take effect one year after the
date on which it is received.

Article 27

1. The depositary Government shall, at the request of the Commission on a
decision taken by a two-thirds majority of its members, call a conference
for the purpose of revising or amending the present convention.

2. Upon accession by a State as provided for in paragraphs 2, 3 and 4 of
Article 24, the maritime area in Article 2 may be amended upon a proposal
by the Commission adopted by a unanimous vote. These amendments shall enter
into force after unanimous approval by the Contracting Parties.

Article 28

The depositary Government shall inform the Contracting Parties and those
referred to in Article 22:
(a) of signatures to the present convention of the deposits of
instruments of ratification, acceptance, approval or accession, and
of notices of withdrawal in accordance with Articles 22, 23, 24 and
26;
(b) of the date on which the present convention comes into force in
accordance with Article 25;
(c) of the receipt of notifications of approval or objection, and of the
entry into force of amendments to the present convention and its
Annexes, in accordance with Articles 18 and 27.

Article 29

The original of the present convention of which the French and English
texts shall be equally authentic, shall be deposited with the Government of
the French Republic which shall send certified copes thereof to the
Contracting Parties and the States referred to in Article 22 and shall
deposit a certified copy with the Secretary General of the United Nations
for registration and publication in accordance with Article 102 of the
United Nations Charter.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective
Governments, have signed this convention.

Done at Paris, June 4, 1974.

ANNEX A

The allocation of substances to Parts I, II and III below takes account of
the following criteria:
(a) persistence;
(b) toxicity or other noxious properties;
(c) tendency to bio-accumulation.

These criteria are not necessarily of equal importance for a particular
substance or group of substances, and other factors, such as the location
and quantities of the discharge, may need to be considered.

PART I

The following substances are included in this part:
(i) because they are not readily degradable or rendered harmless by
natural processes; and
(ii)because they may either:
(a) give rise to dangerous accumulation of harmful material in the
food chain, or
(b) endanger the welfare of living organisms causing undesirable
changes in the marine eco-systems, or
(c) interfere seriously with the harvesting of sea foods or with
other legitimate uses of the sea; and
(iii)because it is considered that pollution by these substances
necessitates urgent action:
1. organohalogen compounds and substances which may form such
compounds in the marine environment, excluding those which are
biologically harmless, or which are rapidly converted in the sea into
substances which are biologically harmless;
2. mercury and mercury compounds;
3. cadmium and cadmium compounds;
4. persistent synthetic materials which may float, remain in
suspension or sink, and which may seriously interfere with any
legitimate use of the sea;
5. persistent oils and hydrocarbons of petroleum origin.

PART II

The following substances are included in this part because, although
exhibiting similar characteristics to the substances in Part I and
requiring strict control, they seem less noxious or are more readily
rendered harmless by natural processes:

1. organic compounds of phosphorus, silicon, and tin and substances
which may form such compounds in the marine environment, excluding
those which are biologically harmless, or which are rapidly converted
in the sea into substances which are biologically harmless.
2. elemental phosphorus.
3. non-persistent oils and hydrocarbons of petroleum origin.
4. the following elements and their compounds.
— arsenic,
— chromium,
— copper,
— lead,
— nickel,
— zinc.
5. substances which have been agreed by the Commission as having a
deleterious effect on the taste and/or smell of products derived from
the marine environment for human consumption.

PART III

The following substances are included in this part because, although they
display characteristics similar to those of substances listed in Part I and
should be subject to stringent controls with the aim of preventing and, as
appropriate, eliminating the pollution which they cause, they are already
the subject of research, recommendations and, in some cases, measures under
the auspices of several International Organizations and institutions; those
substances are subject to the provisions of Article

— radioactive substances, including wastes.

ANNEX B

Article 1

Unless the parties to the dispute decide otherwise, the arbitration
procedure shall be in accordance with the provisions of this Annex.

Article 2

1. At the request addressed by one Contracting Party to another Contracting
Party in accordance with Article 21 of the convention, an arbitral tribunal
shall be constituted: The request for arbitration shall state the subject
matter of the application including in particular the Articles of the
convention, the interpretation or application of which is in dispute.

2. The claimant shall inform the Commission that he has requested the
setting up of an arbitral tribunal, stating the name of the other party to
the dispute and the Articles of the convention the interpretation or
application of which is in his opinion in dispute. The Commission shall
forward the information thus received to all Contracting Parties to the
convention.

Article 3

The arbitral tribunal shall consist of three members: each of the parties
to the dispute shall appoint an arbitrator; the two arbitrators so
appointed shall designate by common agreement the third arbitrator who
shall be the chairman of the tribunal. The latter shall not be a national
of one of the parties to the dispute, nor have his usual place of residence
in the territory of one of these parties, nor be employed by any of them,
nor have dealt with the case in any other capacity.

Author: international

Mentioned in these Entries

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