PROTOCOL TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, WITH ANNEXES, OF 29 DECEMBER 1972, LONDON, 1996

Done at London 7 November 1996

Entered into force (not in force)

Depositary: International Maritime Organization of the United Nations, England

Primary source citation: Copy of text provided by the U.S. Department of State

 

1996 PROTOCOL TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972 AND RESOLUTIONS ADOPTED BY THE SPECIAL MEETING THE CONTRACTING PARTIES TO THIS PROTOCOL,

STRESSING the need to protect the marine environment and to promote the sustainable use and

conservation of marine resources,

NOTING in this regard the achievements within the framework of the Convention on the Prevention of

Marine Pollution by Dumping of Wastes and Other Matter, 1972 and especially the evolution towards approaches

based on precaution and prevention,

NOTING FURTHER the contribution in this regard by complementary regional and national instruments

which aim to protect the marine environment and which take account of specific circumstances and needs of

those regions and States,

REAFFIRMING the value of a global approach to these matters and in particular the importance of

continuing co-operation and collaboration between Contracting Parties in implementing the Convention and the

Protocol,

RECOGNIZING that it may be desirable to adopt, on a national or regional level, more stringent

measures with respect to prevention and elimination of pollution of the marine environment from dumping at sea

than are provided for in international conventions or other types of agreements with a global scope,

TAKING INTO ACCOUNT relevant international agreements and actions, especially the United Nations

Convention on the Law of the Sea, 1982, the Rio Declaration on Environment and Development and Agenda 21,

RECOGNIZING ALSO the interests and capacities of developing States and in particular small island

developing States,

BEING CONVINCED that further international action to prevent, reduce and where practicable eliminate

pollution of the sea caused by dumping can and must be taken without delay to protect and preserve the marine

environment and to manage human activities in such a manner that the marine ecosystem will continue to sustain

the legitimate uses of the sea and will continue to meet the needs of present and future generations,

HAVE AGREED as follows:

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.

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 or incineration at sea appears to be the only way of

averting the threat and if there is every probability that the damage consequent upon such dumping or

incineration at sea will be less than would otherwise occur. Such dumping or incineration at sea 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 where appropriate 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.

ARTICLE 16

SETTLEMENT OF DISPUTES

1 Any disputes regarding the interpretation or application of this Protocol shall be resolved in the first instance

through negotiation, mediation or conciliation, or other peaceful means chosen by parties to the dispute.

2 If no resolution is possible within twelve months after one Contracting Party has notified another that a

dispute exists between them, the dispute shall be settled, at the request of a party to the dispute, by means of

the Arbitral Procedure set forth in Annex 3, unless the parties to the dispute agree to use one of the

procedures listed in paragraph 1 of Article 287 of the 1982 United Nations Convention on the Law of the Sea.

The parties to the dispute may so agree, whether or not they are also States Parties to the 1982 United

Nations Convention on the Law of the Sea.

3 In the event an agreement to use one of the procedures listed in paragraph 1 of Article 287 of the 1982 United

Nations Convention on the Law of the Sea is reached, the provisions set forth in Part XV of that Convention

that are related to the chosen procedure would also apply, mutatis mutandis.

4 The twelve month period referred to in paragraph 2 may be extended for another twelve months by mutual

consent of the parties concerned.

5 Notwithstanding paragraph 2, any State may, at the time it expresses its consent to be bound by this Protocol,

notify the Secretary-General that, when it is a party to a dispute about the interpretation or application of

article 3.1 or 3.2, its consent will be required before the dispute may be settled by means of the Arbitral

Procedure set forth in Annex 3.

ARTICLE 17

INTERNATIONAL CO-OPERATION

Contracting Parties shall promote the objectives of this Protocol within the competent international

organizations.

ARTICLE 18

MEETINGS OF CONTRACTING PARTIES

1 Meetings of Contracting Parties or Special Meetings of Contracting Parties shall keep under continuing

review the implementation of this Protocol and evaluate its effectiveness with a view to identifying means of

strengthening action, where necessary, to prevent, reduce and where practicable eliminate pollution caused by

dumping and incineration at sea of wastes or other matter. To these ends, Meetings of Contracting Parties or

Special Meetings of Contracting Parties may:

.1 review and adopt amendments to this Protocol in accordance with articles 21 and 22;

.2 establish subsidiary bodies, as required, to consider any matter with a view to facilitating the effective

implementation of this Protocol;

.3 invite appropriate expert bodies to advise the Contracting Parties or the Organization on matters

relevant to this Protocol;

.4 promote co-operation with competent international organizations concerned with the prevention and

control of pollution;

.5 consider the information made available pursuant to article 9.4;

.6 develop or adopt, in consultation with competent international organizations, procedures referred to

in article 8.2, including basic criteria for determining exceptional and emergency situations, and

procedures for consultative advice and the safe disposal of matter at sea in such circumstances;

.7 consider and adopt resolutions; and

.8 consider any additional action that may be required.

2 The Contracting Parties at their first Meeting shall establish rules of procedure as necessary.

ARTICLE 19

DUTIES OF THE ORGANIZATION

1 The Organization shall be responsible for Secretariat duties in relation to this Protocol. Any Contracting

Party to this Protocol not being a member of this Organization shall make an appropriate contribution to the

expenses incurred by the Organization in performing these duties.

2 Secretariat duties necessary for the administration of this Protocol include:

.1 convening Meetings of Contracting Parties once per year, unless otherwise decided by Contracting

Parties, and Special Meetings of Contracting Parties at any time on the request of two-thirds of the

Contracting Parties;

.2 providing advice on request on the implementation of this Protocol and on guidance and procedures

developed thereunder;

.3 considering enquiries by, and information from Contracting Parties, consulting with them and with

the competent international organizations, and providing recommendations to Contracting Parties on

questions related to, but not specifically covered by, this Protocol;

.4 preparing and assisting, in consultation with Contracting Parties and the competent international

organizations, in the development and implementation of procedures referred to in article 18.6.;

.5 conveying to the Contracting Parties concerned all notifications received by the Organization in

accordance with this Protocol; and

.6 preparing, every two years, a budget and a financial account for the administration of this Protocol

which shall be distributed to all Contracting Parties.

3 The Organization shall, subject to the availability of adequate resources, in addition to the requirements set

out in article 13.2.3.

.1 collaborate in assessments of the state of the marine environment; and

.2 co-operate with competent international organizations concerned with the prevention and control of

pollution.

ARTICLE 20

ANNEXES

Annexes to this Protocol form an integral part of this Protocol.

ARTICLE 21

AMENDMENT OF THE PROTOCOL

1 Any Contracting Party may propose amendments to the articles of this Protocol. The text of a proposed

amendment shall be communicated to Contracting Parties by the Organization at least six months prior to its

consideration at a Meeting of Contracting Parties or a Special Meeting of Contracting Parties.

2 Amendments to the articles of this Protocol shall be adopted by a two-thirds majority vote of the Contracting

Parties which are present and voting at the Meeting of Contracting Parties or Special Meeting of Contracting

Parties designated for this purpose.

3 An amendment shall enter into force for the Contracting Parties which have accepted it on the sixtieth day

after two-thirds of the Contracting Parties shall have deposited an instrument of acceptance of the amendment

with the Organization. Thereafter the amendment shall enter into force for any other Contracting Party on the

sixtieth day after the date on which that Contracting Party has deposited its instrument of acceptance of the

amendment.

4 The Secretary-General shall inform Contracting Parties of any amendments adopted at Meetings of

Contracting Parties and of the date on which such amendments enter into force generally and for each

Contracting Party.

5 After entry into force of an amendment to this Protocol, any State that becomes a Contracting Party to this

Protocol shall become a Contracting Party to this Protocol as amended, unless two-thirds of the Contracting

Parties present and voting at the Meeting or Special Meeting of Contracting Parties adopting the amendment

agree otherwise.

ARTICLE 22

AMENDMENT OF THE ANNEXES

1 Any Contracting Party may propose amendments to the Annexes to this Protocol. The text of a proposed

amendment shall be communicated to Contracting Parties by the Organization at least six months prior to its

consideration by a Meeting of Contracting Parties or Special Meeting of Contracting Parties.

2 Amendments to the Annexes other than Annex 3 will be based on scientific or technical considerations and

may take into account legal, social and economic factors as appropriate. Such amendments shall be adopted

by a two-thirds majority vote of the Contracting Parties present and voting at a Meeting of Contracting Parties

or Special Meeting of Contracting Parties designated for this purpose.

3 The Organization shall without delay communicate to Contracting Parties amendments to the Annexes that

have been adopted at a Meeting of Contracting Parties or Special Meeting of Contracting Parties.

4 Except as provided in paragraph 7, amendments to the Annexes shall enter into force for each Contracting

Party immediately on notification of its acceptance to the Organization or 100 days after the date of their

adoption at a Meeting of Contracting Parties, if that is later, except for those Contracting Parties which before

the end of the 100 days make a declaration that they are not able to accept the amendment at that time. A

Contracting Party may at any time substitute an acceptance for a previous declaration of objection and the

amendment previously objected to shall thereupon enter into force for that Contracting Party.

5 The Secretary-General shall without delay notify Contracting Parties of instruments of acceptance or

objection deposited with the Organization.

6 A new Annex or an amendment to an Annex which is related to an amendment to the articles of this Protocol

shall not enter into force until such time as the amendment to the articles of this Protocol enters into force.

7 With regard to amendments to Annex 3 concerning the Arbitral Procedure and with regard to the adoption

and entry into force of new Annexes the procedures on amendments to the articles of this Protocol shall

apply.

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.

***

ANNEX 1

WASTES OR OTHER MATTER THAT

MAY BE CONSIDERED FOR DUMPING

1 The following wastes or other matter are those that may be considered for dumping being mindful of the

Objectives and General Obligations of this Protocol set out in articles 2 and 3:

.1 dredged material;

.2 sewage sludge;

.3 fish waste, or material resulting from industrial fish processing operations;

.4 vessels and platforms or other man-made structures at sea;

.5 inert, inorganic geological material;

.6 organic material of natural origin; and

.7 bulky items primarily comprising iron, steel, concrete and similarly unharmful materials for which

the concern is physical impact, and limited to those circumstances where such wastes are generated at

locations, such as small islands with isolated communities, having no practicable access to disposal

options other than dumping.

2 The wastes or other matter listed in paragraphs 1.4 and 1.7 may be considered for dumping, provided that

material capable of creating floating debris or otherwise contributing to pollution of the marine environment

has been removed to the maximum extent and provided that the material dumped poses no serious obstacle to

fishing or navigation.

3 Notwithstanding the above, materials listed in paragraphs 1.1 to 1.7 containing levels of radioactivity greater

than de minimis (exempt) concentrations as defined by the IAEA and adopted by Contracting Parties, shall

not be considered eligible for dumping; provided further that within 25 years of 20 February 1994, and at

each 25 year interval thereafter, Contracting Parties shall complete a scientific study relating to all radioactive

wastes and other radioactive matter other than high level wastes or matter, taking into account such other

factors as Contracting Parties consider appropriate and shall review the prohibition on dumping of such

substances in accordance with the procedures set forth in article 22.

ANNEX 2

ASSESSMENT OF WASTES OR OTHER MATTER

THAT MAY BE CONSIDERED FOR DUMPING

GENERAL

1 The acceptance of dumping under certain circumstances shall not remove the obligations under this Annex to

make further attempts to reduce the necessity for dumping.

WASTE PREVENTION AUDIT

2 The initial stages in assessing alternatives to dumping should, as appropriate, include an evaluation of:

.1 types, amounts and relative hazard of wastes generated;

.2 details of the production process and the sources of wastes within that process; and

.3 feasibility of the following waste reduction/prevention techniques:

.1 product reformulation;

.2 clean production technologies;

.3 process modification;

.4 input substitution; and

.5 on-site, closed-loop recycling.

3 In general terms, if the required audit reveals that opportunities exist for waste prevention at source, an

applicant is expected to formulate and implement a waste prevention strategy, in collaboration with relevant

local and national agencies, which includes specific waste reduction targets and provision for further waste

prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions shall assure

compliance with any resulting waste reduction and prevention requirements.

4 For dredged material and sewage sludge, the goal of waste management should be to identify and control the

sources of contamination. This should be achieved through implementation of waste prevention strategies

and requires collaboration between the relevant local and national agencies involved with the control of point

and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged

material may be addressed by using disposal management techniques at sea or on land.

CONSIDERATION OF WASTE MANAGEMENT OPTIONS

5 Applications to dump wastes or other matter shall demonstrate that appropriate consideration has been given

to the following hierarchy of waste management options, which implies an order of increasing environmental

impact:

.1 re-use;

.2 off-site recycling;

.3 destruction of hazardous constituents;

.4 treatment to reduce or remove the hazardous constituents; and

.5 disposal on land, into air and in water.

6 A permit to dump wastes or other matter shall be refused if the permitting authority determines that

appropriate opportunities exist to re-use, recycle or treat the waste without undue risks to human health or the

environment or disproportionate costs. The practical availability of other means of disposal should be

considered in the light of a comparative risk assessment involving both dumping and the alternatives.

CHEMICAL, PHYSICAL AND BIOLOGICAL PROPERTIES

7 A detailed description and characterization of the waste is an essential precondition for the consideration of

alternatives and the basis for a decision as to whether a waste may be dumped. If a waste is so poorly

characterized that proper assessment cannot be made of its potential impacts on human health and the

environment, that waste shall not be dumped.

8 Characterization of the wastes and their constituents shall take into account:

.1 origin, total amount, form and average composition;

.2 properties: physical, chemical, biochemical and biological;

.3 toxicity;

.4 persistence: physical, chemical and biological; and

.5 accumulation and biotransformation in biological materials or sediments.

ACTION LIST

9 Each Contracting Party shall develop a national Action List to provide a mechanism for screening candidate

wastes and their constituents on the basis of their potential effects on human health and the marine

environment. In selecting substances for consideration in an Action List, priority shall be given to toxic,

persistent and bioaccumulative substances from anthropogenic sources (e.g., cadmium, mercury,

organohalogens, petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc, beryllium,

chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their byproducts

other than organohalogens). An Action List can also be used as a trigger mechanism for further

waste prevention considerations.

10 An Action List shall specify an upper level and may also specify a lower level. The upper level should be set

so as to avoid acute or chronic effects on human health or on sensitive marine organisms representative of the

marine ecosystem. Application of an Action List will result in three possible categories of waste:

.1 wastes which contain specified substances, or which cause biological responses, exceeding the

relevant upper level shall not be dumped, unless made acceptable for dumping through the use of

management techniques or processes;

.2 wastes which contain specified substances, or which cause biological responses, below the relevant

lower levels should be considered to be of little environmental concern in relation to dumping; and

.3 wastes which contain specified substances, or which cause biological responses, below the upper

level but above the lower level require more detailed assessment before their suitability for dumping

can be determined.

DUMP-SITE SELECTION

11 Information required to select a dump-site shall include:

.1 physical, chemical and biological characteristics of the water-column and the seabed;

.2 location of amenities, values and other uses of the sea in the area under consideration;

.3 assessment of the constituent fluxes associated with dumping in relation to existing fluxes of

substances in the marine environment; and

.4 economic and operational feasibility.

ASSESSMENT OF POTENTIAL EFFECTS

12 Assessment of potential effects should lead to a concise statement of the expected consequences of the sea or

land disposal options, i.e., the "Impact Hypothesis". It provides a basis for deciding whether to approve or

reject the proposed disposal option and for defining environmental monitoring requirements.

13 The assessment for dumping should integrate information on waste characteristics, conditions at the proposed

dump-site(s), fluxes, and proposed disposal techniques and specify the potential effects on human health,

living resources, amenities and other legitimate uses of the sea. It should define the nature, temporal and

spatial scales and duration of expected impacts based on reasonably conservative assumptions.

14 An analysis of each disposal option should be considered in the light of a comparative assessment of the

following concerns: human health risks, environmental costs, hazards, (including accidents), economics and

exclusion of future uses. If this assessment reveals that adequate information is not available to determine the

likely effects of the proposed disposal option then this option should not be considered further. In addition, if

the interpretation of the comparative assessment shows the dumping option to be less preferable, a permit for

dumping should not be given.

15 Each assessment should conclude with a statement supporting a decision to issue or refuse a permit for

dumping.

MONITORING

16 Monitoring is used to verify that permit conditions are met - compliance monitoring - and that the

assumptions made during the permit review and site selection process were correct and sufficient to protect

the environment and human health - field monitoring. It is essential that such monitoring programmes have

clearly defined objectives.

PERMIT AND PERMIT CONDITIONS

17 A decision to issue a permit should only be made if all impact evaluations are completed and the monitoring

requirements are determined. The provisions of the permit shall ensure, as far as practicable, that

environmental disturbance and detriment are minimized and the benefits maximized. Any permit issued shall

contain data and information specifying:

.1 the types and sources of materials to be dumped;

.2 the location of the dump-site(s);

.3 the method of dumping; and

.4 monitoring and reporting requirements.

18 Permits should be reviewed at regular intervals, taking into account the results of monitoring and the

objectives of monitoring programmes. Review of monitoring results will indicate whether field programmes

need to be continued, revised or terminated and will contribute to informed decisions regarding the

continuance, modification or revocation of permits. This provides an important feedback mechanism for the

protection of human health and the marine environment.

ANNEX 3

ARBITRAL PROCEDURE

Article 1

1 An Arbitral Tribunal (hereinafter referred to as the "Tribunal") shall be established upon the request of a

Contracting Party addressed to another Contracting Party in application of article 16 of this Protocol. The

request for arbitration shall consist of a statement of the case together with any supporting documents.

2 The requesting Contracting Party shall inform the Secretary-General of:

.1 its request for arbitration; and

.2 the provisions of this Protocol the interpretation or application of which is, in its opinion, the subject

of disagreement.

3 The Secretary-General shall transmit this information to all Contracting States.

Article 2

1 The Tribunal shall consist of a single arbitrator if so agreed between the parties to the dispute within 30 days

from the date of receipt of the request for arbitration.

2 In the case of the death, disability or default of the arbitrator, the parties to a dispute may agree upon a

replacement within 30 days of such death, disability or default.

Article 3

1 Where the parties to a dispute do not agree upon a Tribunal in accordance with article 2 of this Annex, the

Tribunal shall consist of three members:

.1 one arbitrator nominated by each party to the dispute; and

.2 a third arbitrator who shall be nominated by agreement between the two first named and who shall act

as its Chairman.

2 If the Chairman of a Tribunal is not nominated within 30 days of nomination of the second arbitrator, the

parties to a dispute shall, upon the request of one party, submit to the Secretary-General within a further

period of 30 days an agreed list of qualified persons. The Secretary-General shall select the Chairman from

such list as soon as possible. He shall not select a Chairman who is or has been a national of one party to the

dispute except with the consent of the other party to the dispute.

3 If one party to a dispute fails to nominate an arbitrator as provided in paragraph 1.1 within 60 days from the

date of receipt of the request for arbitration, the other party may request the submission to the

Secretary-General within a period of 30 days of an agreed list of qualified persons. The Secretary-General

shall select the Chairman of the Tribunal from such list as soon as possible. The Chairman shall then request

the party which has not nominated an arbitrator to do so. If this party does not nominate an arbitrator within

15 days of such request, the Secretary-General shall, upon request of the Chairman, nominate the arbitrator

from the agreed list of qualified persons.

4 In the case of the death, disability or default of an arbitrator, the party to the dispute who nominated him shall

nominate a replacement within 30 days of such death, disability or default. If the party does not nominate a

replacement, the arbitration shall proceed with the remaining arbitrators. In the case of the death, disability or

default of the Chairman, a replacement shall be nominated in accordance with the provision of paragraphs 1.2

and 2 within 90 days of such death, disability or default.

5 A list of arbitrators shall be maintained by the Secretary-General and composed of qualified persons

nominated by the Contracting Parties. Each Contracting Party may designate for inclusion in the list four

persons who shall not necessarily be its nationals. If the parties to the dispute have failed within the specified

time limits to submit to the Secretary-General an agreed list of qualified persons as provided for in paragraphs

2, 3 and 4, the Secretary-General shall select from the list maintained by him the arbitrator or arbitrators not

yet nominated.

Article 4

The Tribunal may hear and determine counter-claims arising directly out of the subject matter of the dispute.

Article 5

Each party to the dispute shall be responsible for the costs entailed by the preparation of its own case. The

remuneration of the members of the Tribunal and of all general expenses incurred by the arbitration shall be

borne equally by the parties to the dispute. The Tribunal shall keep a record of all its expenses and shall

furnish a final statement thereof to the parties.

Article 6

Any Contracting Party which has an interest of a legal nature which may be affected by the decision in the

case may, after giving written notice to the parties to the dispute which have originally initiated the

procedure, intervene in the arbitration procedure with the consent of the Tribunal and at its own expense.

Any such intervenor shall have the right to present evidence, briefs and oral argument on the matters giving

rise to its intervention, in accordance with procedures established pursuant to article 7 of this Annex, but shall

have no rights with respect to the composition of the Tribunal.

Article 7

A Tribunal established under the provisions of this Annex shall decide its own rules of procedure.

Article 8

1 Unless a Tribunal consists of a single arbitrator, decisions of the Tribunal as to its procedure, its place of

meeting, and any question related to the dispute laid before it, shall be taken by majority vote of its members.

However, the absence or abstention of any member of the Tribunal who was nominated by a party to the

21

dispute shall not constitute an impediment to the Tribunal reaching a decision. In case of equal voting, the

vote of the Chairman shall be decisive.

2 The parties to the dispute shall facilitate the work of the Tribunal and in particular shall, in accordance with

their legislation and using all means at their disposal:

.1 provide the Tribunal with all necessary documents and information; and

.2 enable the Tribunal to enter their territory, to hear witnesses or experts, and to visit the scene.

3 The failure of a party to the dispute to comply with the provisions of paragraph 2 shall not preclude the

Tribunal from reaching a decision and rendering an award.

Article 9

The Tribunal shall render its award within five months from the time it is established unless it finds it

necessary to extend that time limit for a period not to exceed five months. The award of the Tribunal shall be

accompanied by a statement of reasons for the decision. It shall be final and without appeal and shall be

communicated to the Secretary-General who shall inform the Contracting Parties. The parties to the dispute

shall immediately comply with the award.