Convention on the Protection of the Marine Environment of the Baltic Sea Area

 

Article 7

Environmental impact Assessment

1. Whenever an environmental impact assessment of a proposed activity that
is likely to cause a significant adverse impact an the marine environment of
the Baltic Sea Area is required by international law or supranational
regulations applicable to the Contracting Party of origin, that Contracting
Party shall notify the Commission and any Contracting Party which may be
affected by a transboundary impact on the Baltic Sea Area.

2. The Contracting Party of origin shall enter into consultations with any
Contracting Party which is likely to be affected by such transboundary impact,
whenever consultations are required by international law or supranational
regulations applicable to the Contracting Party of origin.

3. Where two or more Contracting Parties share transboundary waters within
the catchment area of the Baltic Sea, these Parties shall cooperate to ensure
that potential impacts on the marine environment of the Baltic Sea Area are
fully investigated within the environmental impact assessment referred to in
paragraph 1 of this article. The Contracting Parties concerned shall jointly
take appropriate measures in order to prevent and eliminate pollution,
including cumulative deleterious effects.

Article 8

Prevention of pollution from ships

1. In order to protect the Baltic Sea Area from pollution from ships, the
Contracting Parties shall take measures as set out in Annex IV.

2. The Contracting Parties shall develop and apply uniform requirements for
the provision of reception facilities for ship-generated wastes, taking into
account, inter alia, the special needs of passenger ships operating in the
Baltic Sea Area.

Article 9

Pleasure craft

The Contracting Parties shall, in addition to implementing those
provisions of this Convention which can appropriately be applied to pleasure
craft, take special measures in order to abate harmful effects on the marine
environmnt of the Baltic Sea Area caused by pleasure craft activities. The
measures shall, inter alia, deal with air pollution, noise and hydrodynamic
effects as well as with adequate reception facilities for wastes from pleasure
craft.

Article 10

Prohibition of incineration

I. The Contracting Parties shall prohibit incineration in the Baltic Sea
Area.

2. Each Contracting Party undertakes to ensure reliance with the
provisions of this article by ships:

(a) registered in its territory or flying its flag;

(b) loading, within its territory or territorial sea, matter
which is to be incinerated; or

(c) believed to be engaged in incineration within its
internal waters and territorial sea.

3. In case of suspected incineration the Contracting Parties shall
cooperate in investigating the matter in accordance with Regulation 2 of
Annex IV.

Article 11

Prevention of dumping

1. The Contracting Parties shall, subject to exemptions set forth in
paragraphs 2 and 4 of this article, prohibit dumping in the Baltic Sea Area.

2. Dumping of dredged material shall be subject to a prior special permit
issued by the appropriate national authority in accordance with the provisions
of Annex V.

3. Each Contracting Party undertakes to ensure compliance with the
provisions of this article by ships and aircraft:

(a) registered in its territory or flying its flag;

(b) loading, within its territory or territorial sea, matter
which is to be dumped; or

(c) believed to be engaged in dumping within its internal
waters and territorial sea.

4. The provisions of this article shall not apply when the safety of human
life or of a ship or aircraft at sea is threatened by the complete destruction
or total lose of the ship or aircraft, or in any case which constitutes a
danger to human life, if dumping appears to be the only way of averting the
threat and if there is every probability that the damage consequent upon such
dumping will be less than would otherwise occur. Such dumping shall be so
conducted as to minimize the likelihood of damage to human or marine life.

5. Dumping made under the provisions of paragraph 4 of this article shall
be reported and dealt with in accordance with Annex VII and shall be reported
forthwith to the Commission in accordance with the provisions of Regulation 4 of Annex V.

6. In case of dumping suspected to be in contravention of the provisions of
this article the Contracting Parties shall cooperate in investigating the
matter in accordance with Regulation 2 of Annex IV.

Article 12,

Exploration and exploitation of the seabed
and its subsoil

1. Each Contracting Party shall take all measures in order to prevent
pollution of the marine environment of the Baltic Sea Area resulting from
exploration or exploitation of its part of the seabed and the subsoil thereof
or from any associated activities thereon an well as to ensure that adequate
preparedness is maintained for immediate response actions against pollution
incidents caused by such activities.

2. In order to prevent and eliminate pollution from such activities, the
Contracting Parties undertake to implement the procedures and measures set out
in Annex VI, as far as they are applicable.

Article 13

Notification and consultations an pollution incidents

1. Whenever a pollution incident in the territory of a Contracting Party is
likely to cause pollution to the marine environment of the Baltic Sea Area
outside its territory and adjacent maritime area in which it exercises
sovereign rights and jurisdiction according to international law, this
Contracting Party shall notify without delay such Contracting Parties whose
interests are affected or likely to be affected.

2. Whenever deemed necessary by the Contracting Parties referred to in
paragraph 1, consultations should take place with a view to preventing,
reducing and controlling such pollution.

3. Paragraphs 1 and 2 shall also apply in cases where a Contracting Party
has sustained such pollution from the territory of a third State.

Article 14

Cooperation in combating marine po1lution

The Contracting Parties shall individually and jointly take, as set out
in Annex VII, all appropriate measures to maintain adequate ability and to
respond to pollution incidents in order to eliminate or minimize the
consequences of these incidents to the marine environment of the Baltic Sea
Area.

 

Author: international

Mentioned in these Entries

Convention on the Protection of the Marine Environment of the Baltic Sea Area.