U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–118 

" ! SENATE 110TH CONGRESS

1st Session 

TREATY DOC. 

2007

110–1 

LAND-BASED SOURCES PROTOCOL TO CARTAGENA 

CONVENTION 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

PROTOCOL CONCERNING POLLUTION FROM LAND-BASED 

SOURCES AND ACTIVITIES (THE ‘‘PROTOCOL’’) TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION, WITH 

ANNEXES, DONE AT ORANJESTAD, ARUBA, ON OCTOBER 6, 1999, 

AND SIGNED BY THE UNITED STATES ON THAT SAME DATE 

FEBRUARY 16, 2007.—The Protocol was read the first time, and together 

with the accompanying papers, referred to the Committee on Foreign 

Relations and order to be printed for the use of the Senate 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, February 15, 2007. 

To the Senate of the United States: 

I transmit herewith, for the advice and consent of the Senate to 

ratification, the Protocol Concerning Pollution from Land-Based 

Sources and Activities (the ‘‘Protocol’’) to the Convention for the 

Protection and Development of the Marine Environment of the 

Wider Caribbean Region, with Annexes, done at Oranjestad, Aruba, 

on October 6, 1999, and signed by the United States on that same 

date. The report of the Secretary of State is enclosed for the information of the Senate. 

The Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (the ‘‘Cartagena 

Convention’’) is a regional framework agreement negotiated under 

the auspices of the Regional Seas Program of the United Nations 

Environment Program (UNEP). It sets out general legal obligations 

to protect the marine environment of the Gulf of Mexico, Straits of 

Florida, Caribbean Sea, and immediately adjacent areas of the Atlantic Ocean—collectively known as the Wider Caribbean Region. 

The United States became a Party to the Cartagena Convention in 

1984. The Cartagena Convention envisions the development of protocols to further elaborate certain of its general obligations and to 

facilitate its effective implementation. 

Negotiated with the active participation and leadership of the 

United States, the Protocol addresses one of the most serious 

sources of marine pollution in the Wider Caribbean Region. It is estimated that 70 to 90 percent of pollution entering the marine environment emanates from land-based sources and activities. Among 

the principal land-based sources of marine pollution in the Caribbean are domestic wastewater and agricultural nonpoint source 

runoff. Such pollution contributes to the degradation of coral reefs 

and commercial fisheries, negatively affects regional economies, 

and endangers public health, recreation, and tourism throughout 

the region. 

The Protocol and its Annexes list priority source categories, activities, and associated contaminants that affect the Wider Caribbean Region, and set forth factors that Parties will be required to 

apply in determining prevention, reduction, and control strategies 

to manage land-based sources of pollution. In particular, the Parties are required to ensure that domestic wastewater discharges 

meet specific effluent limitations, and to develop plans for the prevention and reduction of agricultural nonpoint source pollution. 

The Protocol is expected to raise standards for treating domestic 

wastewater throughout the region to levels close to those already 

in place in the United States. 


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The United States would be able to implement its obligations 

under the Protocol under existing statutory and regulatory authority. 

The Protocol is the first regional agreement to establish effluent 

standards to protect one of our most valuable resources, the marine 

environment. It differs markedly from other, similar regional 

agreements in its conceptual approach and the specificity of its obligations. As such, the Protocol is expected to set a new standard 

for regional agreements on this subject. Early ratification will demonstrate our continued commitment to global leadership and to the 

protection of the marine environment of the Wider Caribbean Region. 

I recommend that the Senate give early and favorable consideration to the Protocol and its Annexes, with the declaration described in the accompanying report of the Secretary of State, and 

give its advice and consent to ratification. 

GEORGE W. BUSH. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, May 17, 2005. 

The PRESIDENT, 

The White House. 

THE PRESIDENT: I have the honor to submit to you the Protocol 

Concerning Pollution from Land-Based Sources and Activities (the 

Protocol) to the Convention for the Protection and Development of 

the Marine Environment of the Wider Caribbean Region, with Annexes, done at Oranjestad, Aruba on October 6, 1999. I recommend 

that the Protocol be transmitted to the Senate for its advice and 

consent to ratification. 

The Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (the Cartagena 

Convention) is a regional framework agreement negotiated under 

the auspices of the Regional Seas Program of the United Nations 

Environment Program (UNEP). It sets out general legal obligations 

to protect the marine environment of the Gulf of Mexico, Straits of 

Florida, Caribbean Sea, and immediately adjacent areas of the Atlantic Ocean—collectively known as the Wider Caribbean Region. 

The United States became a Party to the Cartagena Convention in 

1984. The Convention envisages the development of protocols to 

further elaborate certain of its general obligations and to facilitate 

its effective implementation. 

The Protocol was negotiated with the active participation of the 

United States. The United States and other Parties to the 

Cartagena Convention recognized that land-based sources of marine pollution presented one of the greatest threats to the Wider 

Caribbean Region and that development of a legally binding protocol was a priority. 

From the U.S. perspective, the Protocol’s major attribute is its 

framework for the development of source-specific controls on landbased sources of marine pollution. Two specific, mandatory annexes 

were negotiated with, and will enter into force at the same time as, 

the Protocol. Of particular importance is Annex III, which establishes quantitative and measurable effluent standards for domestic 

wastewater discharges in the Region. Implementation of Annex III 

would result in significant progress toward addressing a major 

source of pollution in the Wider Caribbean Region. As more countries in the Region take actions to protect the marine environment, 

benefits will accrue to the health of people and ecosystems in the 

Gulf of Mexico, Straits of Florida, and the Caribbean. Those waters 

are interconnected across the region through circulation patterns 

and shared biological resources. It will also result in benefits to 


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local economies, commercial and recreational fisheries, tourism, 

and biodiversity throughout the region. 

U.S. waters adjacent to the following U.S. states and territories 

fall within the geographic scope of the Protocol: Texas, Louisiana, 

Mississippi, Alabama, Florida, the Commonwealth of Puerto Rico, 

and the Territory of the U.S. Virgin Islands. Officials in these 

states and territories were consulted throughout the negotiating 

process and following conclusion of the Protocol in 2000. 

The United States would be able to implement its obligations 

under the Protocol under existing statutory and regulatory authority. 

All concerned agencies in the Executive Branch support ratification of the Protocol. 

An article-by-article analysis of the treaty is attached. The 

United States would make the declaration provided for in Articles 

XVII and XVIII regarding the approval of new annexes. 

The Protocol will enter into force on the thirtieth day after the 

deposit of the ninth instrument of ratification, acceptance or accession. 

I recommend, therefore, that the Protocol Concerning Pollution 

from Land-Based Sources and Activities to the Convention for the 

Protection and Development of the Marine Environment of the 

Wider Caribbean Region be transmitted to the Senate as soon as 

possible for its advice and consent to ratification. 

Respectfully submitted. 

CONDOLEEZZA RICE. 

Attachment: as mentioned. 


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