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

 

ARTICLE 6

For the purposes of this Annex, it shall, inter alia, be the duty of the
Commission to draw up and adopt criteria, guidelines and procedures
relating to the dumping of wastes or other matter listed in paragraph 2 of
Article 3, and to the placement of matter referred to in Article 5, of this
Annex, with a view to preventing and eliminating pollution.

ARTICLE 7

The provisions of this Annex concerning dumping shall not apply in case of
force majeure, due to stress of weather or any other cause, when the safety
of human life or of a vessel or aircraft is threatened. Such dumping shall
be so conducted as to minimise the likelihood of damage to human or marine
life and shall immediately be reported to the Commission, together with
full details of the circumstances and of the nature and quantities of the
wastes or other matter dumped.

ARTICLE 8

The Contracting Parties shall take appropriate measures, both individually
and within relevant international organisations, to prevent and eliminate
pollution resulting from the abandonment of vessels or aircraft in the
maritime area caused by accidents. In the absence of relevant guidance from
such international organisations, the measures taken by individual
Contracting Parties should be based on such guidelines as the Commission
may adopt.

ARTICLE 9

In an emergency, if a Contracting Party considers that wastes or other
matter the dumping of which is prohibited under this Annex cannot be
disposed of on land without unacceptable danger or damage, it shall
forthwith consult other Contracting Parties with a view to finding the most
satisfactory methods of storage or the most satisfactory means of
destruction or disposal under the prevailing circumstances. The Contracting
Party shall inform the Commission of the steps adopted following this
consultation. The Contracting Parties pledge themselves to assist one
another in such situations.

ARTICLE 10

1. Each Contracting Party shall ensure compliance with the provisions of
this Annex:

(a) by vessels or aircraft registered in its territory;

(b) by vessels or aircraft loading in its territory the wastes or other
matter which are to be dumped or incinerated;

(c) by vessels or aircraft believed to be engaged in dumping or
incineration within its internal waters or within its territorial sea
or within that part of the sea beyond and adjacent to the territorial
sea under the jurisdiction of the coastal state to the extent
recognised by international law.

2. Each Contracting Party shall issue instructions to its maritime
inspection vessels and aircraft and to other appropriate services to report
to its authorities any incidents or conditions in the maritime area which
give rise to suspicions that dumping in contravention of the provisions of
the present Annex has occurred or is about to occur. Any Contracting Party
whose authorities receive such a report shall, if it considers it
appropriate, accordingly inform any other Contracting Party concerned.

3. Nothing in this Annex shall abridge the sovereign immunity to which
certain vessels are entitled under international law.

ANNEX III

ON THE PREVENTION AND ELIMINATION
OF POLLUTION FROM OFFSHORE SOURCES

ARTICLE 1

This Annex shall not apply to any deliberate disposal in the maritime area
of:

(a) wastes or other matter from vessels or aircraft;

(b) vessels or aircraft.

ARTICLE 2

1. When adopting programmes and measures for the purpose of this Annex, the
Contracting Parties shall require, either individually or jointly, the use
of:

(a) best available techniques

(b) best environmental practice

including, where appropriate, clean technology.

2. When setting priorities and in assessing the nature and content of the
programmes and measures and their time scales, the Contracting Parties
shall use the criteria given in Appendix 2.

ARTICLE 3

1. Any dumping of wastes or other matter from offshore installations is
prohibited.

2. This prohibition does not relate to discharges or emissions from
offshore sources.

ARTICLE 4

1. The use on, or the discharge of emission from, offshore sources of
substances which may reach and affect the maritime area shall be strictly
subject to authorisation or regulation by the competent authorities of the
Contracting Parties. Such authorisation or regulation shall in particular,
implement the relevant applicable decisions, recommendations and all other
agreements adopted under the Convention.

2. The competent authorities of the Contracting Parties shall provide for a
system of monitoring and inspection to assess compliance with authorisation
or regulation as provided for in paragraph 1 of Article 4 of this Annex.

ARTICLE 5

1. No disused offshore installation or disused offshore pipeline shall be
dumped and no disused offshore installation shall be left wholly or partly
in place in the maritime area without a permit issued by the competent
authority of the relevant Contracting Party on a case-by-case basis. The
Contracting Parties shall ensure that their authorities, when granting such
permits, shall implement the relevant applicable decisions, recommendations
and all other agreements adopted under the Convention.

2. No such permit shall be issued if the disused offshore installation or
disused offshore pipeline contains substances which result or are likely to
result in hazards to human health, harm to living resources and marine
ecosystems, damage to amenities or interference with other legitimate uses
of the sea.

3. Any Contracting Party which intends to take the decision to issue a
permit for the dumping of a disused offshore installation or a disused
offshore pipeline placed in the maritime area after 1st January 1998 shall,
through the medium of the Commission, inform the other Contracting Parties
of its reasons for accepting such dumping, in order to make consultation
possible.

4. Each Contracting Party shall keep, and report to the Commission, records
of the disused offshore installations and disused offshore pipelines dumped
and of the disused offshore installations left in place in accordance with
the provisions of this Article, and of the dates, places and methods of
dumping.

ARTICLE 6

Articles 3 and 5 of this Annex shall not apply in case of force majeure,
due to stress of weather or any other cause, when the safety of human life
or of an offshore installation is threatened. Such dumping shall be so
conducted as to minimise the likelihood of damage to human or marine life
and shall immediately be reported to the Commission, together with full
details of the circumstances and of the nature and quantities of the matter
dumped.

ARTICLE 7

The Contracting Parties shall take appropriate measures, both individually
and within relevant international organisations, to prevent and eliminate
pollution resulting from the abandonment of offshore installations in the
maritime area caused by accidents. In the absence of relevant guidance from
such international organisations, the measures taken by individual
Contracting Parties should be based on such guidelines as the Commission
may adopt.

ARTICLE 8

No placement of a disused offshore installation or a disused offshore
pipeline in the maritime area for a purpose other than that for which it
was originally designed or constructed shall take place without
authorisation or regulation by the competent authority of the relevant
Contracting Party. Such authorisation or regulation shall be in accordance
with the relevant applicable criteria, guidelines and procedures adopted by
the Commission in accordance with subparagraph (d) of Article 10 of this
Annex. This provision shall not be taken to permit the dumping of disused
offshore installations or disused offshore pipelines in contravention of
the provisions of this Annex.

ARTICLE 9

1. Each Contracting Party shall issue instructions to its maritime
inspection vessels and aircraft and to other appropriate services to report
to its authorities any incidents or conditions in the maritime area which
give rise to suspicions that a contravention of the provisions of the
present Annex has occurred or is about to occur. Any Contracting Party
whose authorities receive such a report shall, if it considers it
appropriate, accordingly inform any other Contracting Party concerned.

2. Nothing in this Annex shall abridge the sovereign immunity to which
certain vessels are entitled under international law.

ARTICLE 10

For the purposes of this Annex, it shall, inter alia, be the duty of the
Commission:

(a) to collect information about substances which are used in offshore
activities and, on the basis of that information, to agree lists of
substances for the purposes of paragraph 1 of Article 4 of this
Annex;

(b) to list substances which are toxic, persistent and liable to
bioaccumulate and to draw up plans for the reduction and phasing out
of their use on, or discharge from, offshore sources;

(c) to draw up criteria, guidelines and procedures for the prevention of
pollution from dumping of disused offshore installations and of
disused offshore pipelines, and the leaving in place of offshore
installations, in the maritime area;

(d) to draw up criteria, guidelines and procedures relating to the
placement of disused offshore installations and disused offshore
pipelines referred to in Article 8 of this Annex, with a view to
preventing and eliminating pollution.

Author: international

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