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

 

ARTICLE 1
DEFINITIONS

For the purposes of this Protocol:

1 “Convention”means the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter, 1972, as amended.

2 “Organization”means the International Maritime Organization.

3 “Secretary-General”means the Secretary-General of the Organization.
4 .1 “Dumping”means:

1 any deliberate disposal into the sea of wastes or other matter from vessels,
aircraft, platforms or other man-made structures at sea;

.2 any deliberate disposal into the sea of vessels, aircraft, platforms or other
man-made structures at sea;

.3 any storage of wastes or other matter in the seabed and the subsoil thereof
from vessels, aircraft, platforms or other man-made structures at sea; and

.4 any abandonment or toppling at site of platforms or other man-made structures
at sea, for the sole purpose of deliberate disposal.

.2 “Dumping”does not include:

.1 the disposal into the sea of wastes or other matter incidental to, or derived
from the normal operations of vessels, aircraft, platforms or other man-made
structures at sea and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or other man-made structures
at sea, operating for the purpose of disposal of such matter or derived from the
treatment of such wastes or other matter on such vessels, aircraft, platforms or
other man-made structures;

.2 placement of matter for a purpose other than the mere disposal thereof,
provided that such placement is not contrary to the aims of this Protocol; and

.3 notwithstanding paragraph 4.1.4, abandonment in the sea of matter (e.g.,
cables, pipelines and marine research devices) placed for a purpose other than
the mere disposal thereof.

.3 The disposal or storage of wastes or other matter directly arising from, or
related to the exploration, exploitation and associated off-shore processing of
seabed mineral resources is not covered by the provisions of this Protocol.

5 .1 “Incineration at sea”means the combustion on board a vessel,
platform or other man-made structure at sea of wastes or other matter for the
purpose of their deliberate disposal by thermal destruction.

.2 “Incineration at sea”does not include the incineration of wastes or other
matter on board a vessel, platform, or other man-made structure at sea if such
wastes or other matter were generated during the normal operation of that
vessel, platform or other man-made structure at sea.

6 “Vessels and aircraft”means waterborne or airborne craft of any type
whatsoever. This expression includes air-cushioned craft and floating craft,
whether self-propelled or not.

7 “Sea”means all marine waters other than the internal waters of States, as
well as the seabed and the subsoil thereof; it does not include sub-seabed
repositories accessed only from land.

8 “Wastes or other matter”means material and substance of any kind, form or
description.

9 “Permit”means permission granted in advance and in accordance with relevant
measures adopted pursuant to article 4.1.2 or 8.2.

10 “Pollution”means the introduction, directly or indirectly, by human
activity, of wastes or other matter into the sea which results or is likely to
result in such deleterious effects as harm to living resources and marine
ecosystems, hazards to human health, hindrance to marine activities, including
fishing and other legitimate uses of the sea, impairment of quality for use of
sea water and reduction of amenities.

ARTICLE 2
OBJECTIVES

Contracting Parties shall individually and collectively protect and preserve the
marine environment from all sources of pollution and take effective measures,
according to their scientific, technical and economic capabilities, to prevent,
reduce and where practicable eliminate pollution caused by dumping or
incineration at sea of wastes or other matter. Where appropriate, they shall
harmonize their policies in this regard.

ARTICLE 3
GENERAL OBLIGATIONS

1 In implementing this Protocol, Contracting Parties shall apply a precautionary
approach to environmental protection from dumping of wastes or other matter
whereby appropriate preventative measures are taken when there is reason to
believe that wastes or other matter introduced into the marine environment are
likely to cause harm even when there is no conclusive evidence to prove a causal
relation between inputs and their effects.

2 Taking into account the approach that the polluter should, in principle, bear
the cost of pollution, each Contracting Party shall endeavour to promote
practices whereby those it has authorized to engage in dumping or incineration
at sea bear the cost of meeting the pollution prevention and control
requirements for the authorized activities, having due regard to the public
interest.

3 In implementing the provisions of this Protocol, Contracting Parties shall act
so as not to transfer, directly or indirectly, damage or likelihood of damage
from one part of the environment to another or transform one type of pollution
into another.

4 No provision of this Protocol shall be interpreted as preventing
Contracting Parties from taking, individually or jointly, more stringent
measures in accordance with international law with respect to the prevention,
reduction and where practicable elimination of pollution.

ARTICLE 4
DUMPING OF WASTES OR OTHER MATTER

1 .1 Contracting Parties shall prohibit the dumping of any wastes or other
matter with the exception of those listed in Annex 1.
.2 The dumping of wastes or other matter listed in Annex 1 shall require a
permit. Contracting Parties shall adopt administrative or legislative measures
to ensure that issuance of permits and permit conditions comply with provisions
of Annex 2. Particular attention shall be paid to opportunities to avoid dumping
in favour of environmentally preferable alternatives.

2 No provision of this Protocol shall be interpreted as preventing a Contracting
Party from prohibiting, insofar as that Contracting Party is concerned, the
dumping of wastes or other matter mentioned in Annex 1. That Contracting Party
shall notify the Organization of such measures.

ARTICLE 5
INCINERATION AT SEA

Contracting Parties shall prohibit incineration at sea of wastes or other
matter.

ARTICLE 6
EXPORT OF WASTES OR OTHER MATTER

Contracting Parties shall not allow the export of wastes or other matter to
other countries for dumping or incineration at sea.

ARTICLE 7
INTERNAL WATERS

1 Notwithstanding any other provision of this Protocol, this Protocol shall
relate to internal waters only to the extent provided for in paragraphs 2 and 3.

2 Each Contracting Party shall at its discretion either apply the provisions of
this Protocol or adopt other effective permitting and regulatory measures to
control the deliberate disposal of wastes or other matter in marine internal
waters where such disposal would be “dumping”or “incineration at sea”within
the meaning of article 1, if conducted at sea.

3 Each Contracting Party should provide the Organization with information on
legislation and institutional mechanisms regarding implementation, compliance
and enforcement in marine internal waters. Contracting Parties should also use
their best efforts to provide on a voluntary basis summary reports on the type
and nature of the materials dumped in marine internal waters.

 

Author: international

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