Convention for the Protection of the Marine Environment of the North East Atlantic

 

ARTICLE 3
POLLUTION FROM LAND-BASED SOURCES

The Contracting Parties shall take, individually and jointly, all possible
steps to prevent and eliminate pollution from land-based sources in
accordance with the provisions of the Convention, in particular as provided
for in Annex I.

ARTICLE 4
POLLUTION BY DUMPING OR INCINERATION

The Contracting Parties shall take, individually and jointly, all possible
steps to prevent and eliminate pollution by dumping or incineration of
wastes or other matter in accordance with the provisions of the Convention,
in particular as provided for in Annex II.

ARTICLE 5
POLLUTION FROM OFFSHORE SOURCES

The Contracting Parties shall take, individually and jointly, all possible
steps to prevent and eliminate pollution from offshore sources in
accordance with the provisions of the Convention, in particular as provided
for in Annex III.

ARTICLE 6
ASSESSMENT OF THE QUALITY OF THE MARINE ENVIRONMENT

The Contracting Parties shall, in accordance with the provisions of the
Convention, in particular as provided for in Annex IV:

(a) undertake and publish at regular intervals joint assessments of the
quality status of the marine environment and of its development, for
the maritime area or for regions or subregions thereof;

(b) include in such assessments both an evaluation of the effectiveness
of the measures taken and planned for the protection of the marine
environment and the identification of priorities for action.

ARTICLE 7
POLLUTION FROM OTHER SOURCES

The Contracting Parties shall cooperate with a view to adopting Annexes, in
addition to the Annexes mentioned in Articles 3, 4, 5 and 6 above,
prescribing measures, procedures and standards to protect the maritime area
against pollution from other sources, to the extent that such pollution is
not already the subject of effective measures agreed by other international
organisations or prescribed by other international conventions.

ARTICLE 8
SCIENTIFIC AND TECHNICAL RESEARCH

1. To further the aims of the Convention, the Contracting Parties shall
establish complementary or joint programmes of scientific or technical
research and, in accordance with a standard procedure, to transmit to the
Commission:

(a) the results of such complementary, joint or other relevant research;

(b) details of other relevant programmes of scientific and technical
research.

2. In so doing, the Contracting Parties shall have regard to the work
carried out, in these fields, by the appropriate international
organisations and agencies.

ARTICLE 9
ACCESS TO INFORMATION

1. The Contracting Parties shall ensure that their competent authorities
are required to make available the information described in paragraph 2 of
this Article to any natural or legal person, in response to any reasonable
request, without that person’s having to prove an interest, without
unreasonable charges, as soon as possible and at the latest within two
months.

2. The information referred to in paragraph 1 of this Article is any
available information in writing, visual, aural or data-base form on the
state of the maritime area, on activities or measures adversely affecting
or likely to affect it and on activities or measures introduced in
accordance with the Convention.

3. The provisions of this Article shall not affect the right of Contracting
Parties, in accordance with their national legal systems and applicable
international regulations, to provide for a request for such information to
be refused where it affects:

(a) the confidentiality of the proceedings of public authorities,
international relations and national defence;
(b) public security;
(c) matters which are, or have been, sub judice, or under enquiry
(including disciplinary enquiries), or which are the subject of
preliminary investigation proceedings;
(d) commercial and industrial confidentiality, including intellectual
property;
(e) the confidentiality of personal data and/or files;
(f) material supplied by a third party without that party being under a
legal obligation to do so;
(g) material, the disclosure of which would make it more likely that the
environment to which such material related would be damaged.

4. The reasons for a refusal to provide the information requested must be
given.

ARTICLE 10
COMMISSION

1. A Commission, made up 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 the Rules of Procedure.

2. It shall be the duty of the Commission:

(a) to supervise the implementation of the Convention;

(b) generally to review the condition of the maritime area, the
effectiveness of the measures being adopted, the priorities and the
need for any additional or different measures;

(c) to draw up, in accordance with the General Obligations of the
Convention, programmes and measures for the prevention and
elimination of pollution and for the control of activities which may,
directly or indirectly, adversely affect the maritime area; such
programmes and measures may, when appropriate, include economic
instruments;

(d) to establish at regular intervals its programme of work;

(e) to set up such subsidiary bodies as it considers necessary and to
define their terms of reference;

(f) to consider and, where appropriate, adopt proposals for the amendment
of the Convention in accordance with Articles 15, 16, 17, 18, 19 and
27;

(g) to discharge the functions conferred by Articles 21 and 23 and such
other functions as may be appropriate under the terms of the
Convention;

3. To these ends the Commission may, inter alia, adopt decisions and
recommendations in accordance with Article 13.

4. The Commission shall draw up its Rules of Procedure which shall be
adopted by unanimous vote of the Contracting Parties.

5. The Commission shall draw up its Financial Regulations which shall be
adopted by unanimous vote of the Contracting Parties.

ARTICLE 11
OBSERVERS

1. The Commission may, by unanimous vote of the Contracting Parties, decide
to admit as an observer:

(a) any State which is not a Contracting Party to the Convention;

(b) any international governmental or any non-governmental organisation
the activities of which are related to the Convention.

2. Such observers may participate in meetings of the Commission but without
the right to vote and may present to the Commission any information or
reports relevant to the objectives of the Convention.

3. The conditions for the admission and the participation of observers
shall be set in the Rules of Procedure of the Commission.

ARTICLE 12
SECRETARIAT

1. A permanent Secretariat is hereby established.

2. The Commission shall appoint an Executive Secretary and determine the
duties of that post and the terms and conditions upon which it is to be
held.

3. The Executive Secretary shall perform the functions that are necessary
for the administration of the Convention and for the work of the Commission
as well as the other tasks entrusted to the Executive Secretary by the
Commission in accordance with its Rules of Procedure and its Financial
Regulations.

ARTICLE 13
DECISIONS AND RECOMMENDATIONS

1. Decisions and recommendations shall be adopted by unanimous vote of the
Contracting Parties. Should unanimity not be attainable, and unless
otherwise provided in the Convention, the Commission may nonetheless adopt
decisions or recommendations by a three-quarters majority vote of the
Contracting Parties.

2. A decision shall be binding on the expiry of a period of two hundred
days after its adoption for those Contracting Parties that voted for it and
have not within that period notified the Executive Secretary in writing
that they are unable to accept the decision, provided that at the expiry of
that period three-quarters of the Contracting Parties have either voted for
the decision and not withdrawn their acceptance or notified the Executive
Secretary in writing that they are able to accept the decision. Such a
decision shall become binding on any other Contracting Party which has
notified the Executive Secretary in writing that it is able to accept the
decision from the moment of that notification or after the expiry of a
period of two hundred days after the adoption of the decision, whichever is
later.

3. A notification under paragraph 2 of this Article to the Executive
Secretary may indicate that a Contracting Party is unable to accept a
decision insofar as it relates to one or more of its dependent or
autonomous territories to which the Convention applies.

4. All decisions adopted by the Commission shall, where appropriate,
contain provisions specifying the timetable by which the decision shall be
implemented.

5. Recommendations shall have no binding force.

6. Decisions concerning any Annex or Appendix shall be taken only by the
Contracting Parties bound by the Annex or Appendix concerned.

 

Author: international

Mentioned in these Entries

Convention for the Protection of the Marine Environment of the North East Atlantic.