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

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

 

ARTICLE 8
EXCEPTIONS

1 The provisions of articles 4.1 and 5 shall not apply when it is necessary to
secure the safety of human life or of vessels, aircraft, platforms or other
man-made structures at sea in cases of force majeure caused by stress of
weather, or in any case which constitutes a danger to human life or a real
threat to vessels, aircraft, platforms or other man-made structures at sea, 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 conducted so as to minimize the
likelihood of damage to human or marine life and shall be reported forthwith to
the Organization.

2 A Contracting Party may issue a permit as an exception to articles 4.1 and 5,
in emergencies posing an unacceptable threat to human health, safety, or the
marine environment and admitting of no other feasible solution. Before doing so
the Contracting Party shall consult any other country or countries that are
likely to be affected and the Organization which, after consulting other
Contracting Parties, and competent International Organizations as appropriate,
shall, in accordance with article 18.6 promptly recommend to the Contracting
Party the most appropriate procedures to adopt. The Contracting Party shall
follow these recommendations to the maximum extent feasible consistent with the
time within which action must be taken and with the general obligation to avoid
damage to the marine environment and shall inform the Organization of the action
it takes. The Contracting Parties pledge themselves to assist one another in
such situations.

3 Any Contracting Party may waive its rights under paragraph 2 at the time of,
or subsequent to ratification of, or accession to this Protocol.

ARTICLE 9
ISSUANCE OF PERMITS AND REPORTING

1 Each Contracting Party shall designate an appropriate authority or authorities
to:

.1 issue permits in accordance with this Protocol;

.2 keep records of the nature and quantities of all wastes or other matter for
which dumping permits have been issued and where practicable the quantities
actually dumped and the location, time and method of dumping; and

.3 monitor individually, or in collaboration with other Contracting Parties and
competent International Organizations , the condition of the sea for the purposes
of this Protocol.

2 The appropriate authority or authorities of a Contracting Party shall issue
permits in accordance with this Protocol in respect of wastes or other matter
intended for dumping or, as provided for in article 8.2, incineration at sea:

.1 loaded in its territory; and

.2 loaded onto a vessel or aircraft registered in its territory or flying its
flag, when the loading occurs in the territory of a State not a Contracting
Party to this Protocol.

3 In issuing permits, the appropriate authority or authorities shall comply with
the requirements of article 4, together with such additional criteria, measures
and requirements as they may consider relevant.

4 Each Contracting Party, directly or through a secretariat established
under a regional agreement, shall report to the Organization and whereappropriate to other Contracting Parties:

.1 the information specified in paragraphs 1.2 and 1.3;

.2 the administrative and legislative measures taken to implement the provisions
of this Protocol, including a summary of enforcement measures; and

.3 the effectiveness of the measures referred to in paragraph 4.2 and any
problems encountered in their application.

The information referred to in paragraphs 1.2 and 1.3 shall be submitted on an
annual basis. The information referred to in paragraphs 4.2 and 4.3 shall be
submitted on a regular basis.

5 Reports submitted under paragraphs 4.2 and 4.3 shall be evaluated by an
appropriate subsidiary body as determined by the Meeting of Contracting Parties.
This body will report its conclusions to an appropriate Meeting or Special
Meeting of Contracting Parties.

ARTICLE 10
APPLICATION AND ENFORCEMENT

1 Each Contracting Party shall apply the measures required to implement this
Protocol to all:

.1 vessels and aircraft registered in its territory or flying its flag;

.2 vessels and aircraft loading in its territory the wastes or other matter
which are to be dumped or incinerated at sea; and

.3 vessels, aircraft and platforms or other man-made structures believed to be
engaged in dumping or incineration at sea in areas within which it is entitled
to exercise jurisdiction in accordance with international law.

2 Each Contracting Party shall take appropriate measures in accordance with
international law to prevent and if necessary punish acts contrary to the
provisions of this Protocol.

3 Contracting Parties agree to co-operate in the development of procedures for
the effective application of this Protocol in areas beyond the jurisdiction of
any State, including procedures for the reporting of vessels and aircraft
observed dumping or incinerating at sea in contravention of this Protocol.

4 This Protocol shall not apply to those vessels and aircraft entitled to
sovereign immunity under international law. However, each Contracting Party
shall ensure by the adoption of appropriate measures that such vessels and
aircraft owned or operated by it act in a manner consistent with the object and
purpose of this Protocol and shall inform the Organization accordingly.

5 A State may, at the time it expresses its consent to be bound by this
Protocol, or at any time thereafter, declare that it shall apply the provisions
of this Protocol to its vessels and aircraft referred to in paragraph 4,
recognising that only that State may enforce those provisions against such
vessels and aircraft.
ARTICLE 11
COMPLIANCE PROCEDURES

1 No later than two years after the entry into force of this Protocol, the
Meeting of Contracting Parties shall establish those procedures and mechanisms
necessary to assess and promote compliance with this Protocol. Such procedures
and mechanisms shall be developed with a view to allowing for the full and open
exchange of information, in a constructive manner.

2 After full consideration of any information submitted pursuant to this
Protocol and any recommendations made through procedures or mechanisms
established under paragraph 1, the Meeting of Contracting Parties may offer
advice, assistance or co-operation to Contracting Parties and non-Contracting
Parties.

ARTICLE 12
REGIONAL CO-OPERATION

In order to further the objectives of this Protocol, Contracting Parties with
common interests to protect the marine environment in a given geographical area
shall endeavour, taking into account characteristic regional features, to
enhance regional co-operation including the conclusion of regional agreements
consistent with this Protocol for the prevention, reduction and where
practicable elimination of pollution caused by dumping or incineration at sea of
wastes or other matter. Contracting Parties shall seek to co-operate with the
parties to regional agreements in order to develop harmonized procedures to be
followed by Contracting Parties to the different conventions concerned.

ARTICLE 13
TECHNICAL CO-OPERATION AND ASSISTANCE

1 Contracting Parties shall, through collaboration within the Organization and
in co-ordination with other competent international organizations, promote
bilateral and multilateral support for the prevention, reduction and where
practicable elimination of pollution caused by dumping as provided for in this
Protocol to those Contracting Parties that request it for:

.1 training of scientific and technical personnel for research, monitoring and
enforcement, including as appropriate the supply of necessary equipment and
facilities, with a view to strengthening national capabilities;

.2 advice on implementation of this Protocol;

.3 information and technical co-operation relating to waste minimization and
clean production processes;

.4 information and technical co-operation relating to the disposal and treatment
of waste and other measures to prevent, reduce and where practicable eliminate
pollution caused by dumping; and

.5 access to and transfer of environmentally sound technologies and
corresponding know-how, in particular to developing countries and countries in
transition to market economies, on favourable terms, including on concessional
and preferential terms, as mutually agreed, taking into account the need to
protect intellectual property rights as well as the special needs of developing
countries and countries in transition to market economies.

2 The Organization shall perform the following functions:

.1 forward requests from Contracting Parties for technical co-operation to other
Contracting Parties, taking into account such factors as technical capabilities;

.2 co-ordinate requests for assistance with other competent international
organizations, as appropriate; and

.3 subject to the availability of adequate resources, assist developing
countries and those in transition to market economies, which have declared their
intention to become Contracting Parties to this Protocol, to examine the means
necessary to achieve full implementation.

ARTICLE 14
SCIENTIFIC AND TECHNICAL RESEARCH

1 Contracting Parties shall take appropriate measures to promote and facilitate
scientific and technical research on the prevention, reduction and where
practicable elimination of pollution by dumping and other sources of marine
pollution relevant to this Protocol. In particular, such research should include
observation, measurement, evaluation and analysis of pollution by scientific
methods.

2 Contracting Parties shall, to achieve the objectives of this Protocol, promote
the availability of relevant information to other Contracting Parties who
request it on:

.1 scientific and technical activities and measures undertaken in accordance
with this Protocol;

.2 marine scientific and technological programmes and their objectives; and

.3 the impacts observed from the monitoring and assessment conducted pursuant to
article 9.1.3.

ARTICLE 15
RESPONSIBILITY AND LIABILITY

In accordance with the principles of international law regarding State
responsibility for damage to the environment of other States or to any other
area of the environment, the Contracting Parties undertake to develop procedures
regarding liability arising from the dumping or incineration at sea of wastes or
other matter.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Environment and Wildlife conventions, International Organizations, Maritime conventions, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 2, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 3, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 4, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 5, country.


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