Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

 

ARTICLE 23
RELATIONSHIP BETWEEN THE PROTOCOL AND THE CONVENTION

This Protocol will supersede the Convention as between Contracting Parties to
this Protocol which are also Parties to the Convention.

ARTICLE 24
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1 This Protocol shall be open for signature by any State at the Headquarters of
the Organization from 1 April 1997 to 31 March 1998 and shall thereafter remain
open for accession by any State.

2 States may become Contracting Parties to this Protocol by:

.1 signature not subject to ratification, acceptance or approval; or

.2 signature subject to ratification, acceptance or approval, followed by
ratification, acceptance or approval; or

.3 accession.

3 Ratification, acceptance, approval or accession shall be effected by the
deposit of an instrument to that effect with the Secretary-General.
ARTICLE 25
ENTRY INTO FORCE

1 This Protocol shall enter into force on the thirtieth day following the date
on which:

.1 at least 26 States have expressed their consent to be bound by this Protocol
in accordance with article 24; and

.2 at least 15 Contracting Parties to the Convention are included in the
number of States referred to in paragraph 1.1.

2 For each State that has expressed its consent to be bound by this Protocol in
accordance with article 24 following the date referred to in paragraph 1, this
Protocol shall enter into force on the thirtieth day after the date on which
such State expressed its consent.

ARTICLE 26
TRANSITIONAL PERIOD

1 Any State that was not a Contracting Party to the Convention before 31
December 1996 and that expresses its consent to be bound by this Protocol prior
to its entry into force or within five years after its entry into force may, at
the time it expresses its consent, notify the Secretary-General that, for
reasons described in the notification, it will not be able to comply with
specific provisions of this Protocol other than those provided in paragraph 2,
for a transitional period that shall not exceed that described in paragraph 4.

2 No notification made under paragraph 1 shall affect the obligations of a
Contracting Party to this Protocol with respect to incineration at sea or the
dumping of radioactive wastes or other radioactive matter.

3 Any Contracting Party to this Protocol that has notified the Secretary-General
under paragraph 1 that, for the specified transitional period, it will not be
able to comply, in part or in whole, with article 4.1 or article 9 shall
nonetheless during that period prohibit the dumping of wastes or other matter
for which it has not issued a permit, use its best efforts to adopt
administrative or legislative measures to ensure that issuance of permits and
permit conditions comply with the provisions of Annex 2, and notify the
Secretary-General of any permits issued.

4 Any transitional period specified in a notification made under paragraph 1
shall not extend beyond five years after such notification is submitted.

5 Contracting Parties that have made a notification under paragraph 1 shall
submit to the first Meeting of Contracting Parties occurring after deposit of
their instrument of ratification, acceptance, approval or accession a programme
and timetable to achieve full compliance with this Protocol, together with any
requests for relevant technical co-operation and assistance in accordance with
article 13 of this Protocol.

6 Contracting Parties that have made a notification under paragraph 1 shall
establish procedures and mechanisms for the transitional period to implement
and monitor submitted programmes designed to achieve full compliance with this
Protocol. A report on progress toward compliance shall be submitted by such
Contracting Parties to each Meeting of Contracting Parties held during their
transitional period for appropriate action.

ARTICLE 27
WITHDRAWAL

1 Any Contracting Party may withdraw from this Protocol at any time after the
expiry of two years from the date on which this Protocol enters into force for
that Contracting Party.

2 Withdrawal shall be effected by the deposit of an instrument of withdrawal
with the Secretary-General.

3 A withdrawal shall take effect one year after receipt by the
Secretary-General of the instrument of withdrawal or such longer period as may
be specified in that instrument.

ARTICLE 28
DEPOSITARY

1 This Protocol shall be deposited with the Secretary-General.

2 In addition to the functions specified in articles 10.5, 16.5, 21.4, 22.5 and
26.5, the Secretary-General shall:

.1 inform all States which have signed this Protocol or acceded thereto of:

.1 each new signature or deposit of an instrument of ratification, acceptance,
approval or accession, together with the date thereof;

.2 the date of entry into force of this Protocol; and

.3 the deposit of any instrument of withdrawal from this Protocol together with
the date on which it was received and the date on which the withdrawal takes
effect.

.2 transmit certified copies of this Protocol to all States which have signed
this Protocol or acceded thereto.

3 As soon as this Protocol enters into force, a certified true copy thereof
shall be transmitted by the Secretary-General to the Secretariat of the United
Nations for registration and publication in accordance with Article 102 of the
Charter of the United Nations .

ARTICLE 29
AUTHENTIC TEXTS

This Protocol is established in a single original in the Arabic, Chinese,
English, French, Russian and Spanish languages, each text being equally
authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective
Governments for that purpose have signed this Protocol.

DONE AT LONDON, this seventh day of November, one thousand nine hundred and
ninety-six.

 

Author: international

Mentioned in these Entries

Charter of the United Nations, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.