Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Community, of the Convention for the Protection of the Marine Environment of the North East Atlantic
Date: 1995-01-06
Institutions: European Commission
Subjects: Atlantic Ocean, environmental protection, international convention, marine environment, the EU's international role

C O M M I S SE 

COM(94)  66Q final 
Brussels, 06.01.1995 

95/0004 (CNS) 

Proposal  for à 

COUNCIL DECISION 

on the conclusion, on behalf of the Community,  of 

the Convention for the Protection of the Marine Environment 

of the North East Atlantic 

(presented by the Commission) 

lEXaANAfCMir MiMcmAîiMM 

1.  On  15 February  1972  the  Convention  lor  lie  i*revention  of  &$arine Mhitioii  by 
Dumping  'from  Ships  and  Aircraft  (1Mb  Cow*ention)  ^was jsi|ned  in  C&lo. 
'Une 
Convention  entered  into force on 6 April  1974.  The Ç^mmsém  of  rè*e Éâfôgttan 
Cotnmmities participates  in the Convention as an observer,  lite iolte^fe^ ItëeliÉret 
States  are  Contracting  l*arties: Belgium,  ï^enmark,  France,  tseri&amy,  ïrefaiÉ,  $ife 
Netherlands; Portugal, Spain and the Wited ÎCingiom. 

2.  On  3 March  1975  the  Commanity  adopted  ï)ecision  75/437/liC1  « A d i ng  lie 
Convention for the Prevention of Pollution from Lând^ased Sources tï&ris CowveniEon^ 
The Convention entered into force  on 6 May 197$.  Hiè following Metnber States are 
Contracting  Parties: Belgium.,  Denmark,  France, X3ermany, Ireland, *he Netherlands, 
Portugal,  Spain and  the United Kingdom. 

3.  At  the  12th joint  meeting  of  the  Paris  and  Oslo  Commissions,  held  in  ^^tfavEc 
(Iceland) from  18 to 20 June  1990, it was agreed that the mm  of the two Conventions 
should he studied and amended  to take account of recent development m the field of 
marine protection. 

4.  The Community has adopted measures in the artaoox^^^ÉïèOô^s^^on 
therefore  undertake  internationai commitments in that area given that 
necessary  complement  to  that  of  She  Member  Slates  diree%  t* 
participation  in  the  Convention  would  appear  to  comply  with  $*e 
subsidiarity. 

5.  On  14 July  1992 (SBDC9Ï) 1792 final)  the Council authorised the Commission m take 

part  in the negotiations. 

6.  On  22 September  1992  in  Paris,  in  accordance  with  the  Council Jftscfelon  of 
22 September  1992, the  Community  signed  the  Convention for  the l^oteetion of the 
Marine Environment of the North East Atlantic, combining the revised Oslo and £ar& 
Conventions. 

OJL  194, 25.7.1975, 

#-  3 

7.  The Convention  includes annexes on: 

the prevention  and elimination  of pollution  from  land-based sources; 

the prevention  of pollution by dumping or  incineration; 

the prevention  and elimination  of pollution  from  offshore  sources; 

assessment of the quality of the marine environment. 

8.  The objective  of  this  Convention  is to take all possible steps  to prevent and eliminate 
pollution,  as well  as  the  necessary  measures  to protect  the  maritime  area  against  the 
adverse  effects  of  human  activities,  so as to safeguard  human health  and  to conserve 
marine ecosystems. 

At  least  some  of  the  fields  in  which  the  Convention  is  applicable  fall  within  the 
Community's  jurisdiction  on  water  matters,  for  which  there  is  an  abundance  of 
legislation. 

In accordance with the Court's  findings  in the AETR case (Case 22/70 Commission v 
Council  [1971]  ECR 263),  the  Community  has  the  power  to  conclude  such  an 
agreement. 

9.  Article 31(1)  of  the Convention  for  the Protection  of the Marine  Environment  of  the 
North East Atlantic lays down that the Convention will, upon its entry into force, replace 
the Oslo and Paris Conventions between the Contracting Parties. 

10.  Since  the  measures  prescribed  by  the  Convention  are  instruments  of  environmental 
policy,  the  Council  Decision  must  have as  its  legal  basis  Article  228(2)  and  the  first 
subparagraph  of  Article  228(3)  in  conjunction  with  Article  130s(l)  of  the  Treaty 
establishing  the European  Community. 

There is no need to apply the second subparagraph of Article 228(3) requiring the assent 
of the European Parliament since although the Convention provides for the establishment 
of  a  Commission  and  assigns  that  Commission  certain  tasks,  this  does  not  seem  to 
amount  to  "establishing  a  specific  institutional  framework  by  organizing  cooperation 
procedures", within the meaning of the abovementioned provision. The Commission to 
be  set  up  is  no  more  than  a  meeting  of  the  representatives  of  the  contracting  parties 
which plays an essentially technical role and has no powers to adopt acts with binding 
force  on parties  which have voted  against  th.em. Article  130s(2) does not apply either 
since  the content  of  the  Convention  falls  into none of  the areas  requiring  unanimous 
approval  within the Council,  as referred  to in this Article. 

11.  Moreover,  under  Article  228(4)  the  Council  may,  when  concluding  an  agreement, 
authorize the Commission to approve modifications  on behalf of the Community  where 
the agreement provides for  them to be adopted by a simplified  procedure or by a body 
set up by the agreement. 

12.  The proposal is to give such authorization for this Convention for the following reasons: 

The  Convention for  the Protection  of  the  Marine  Environment  of  the  North  East 
Atlantic lays down a whole series of procedures for amendment of the Convention, 
adoption and amendment of annexes or appendices or the adoption of decisions and 
recommendations.  The  proposal 
is  to  exclude  from  this  authorization  the 
amendments covered  by the procedure laid down in Article  15 of  the Convention. 

In practice,  the content of the amendments covered by this procedure  is uncertain 
and unpredictable and it would therefore be impossible clearly  to define  the scope 
of  the authorization.  What  is  more,  although  the amendments  are adopted by  the 
Commisson  set  up  by  the  Convention,  unanimous  approval  by  the  contracting 
parties  and  internal  notification  procedures  are  required.  It  is  therefore  dubious 
whether  this  can really  be  considered  a  "simplified  procedure",  as  referred  to  in 
Article  228(4).  By  contrast,  for  the reasons  mentioned  earlier,  the  authorization 
should cover  the decisions  adopted  under  Article  13 of  the  Convention,  since  the 
procedure  provided  for  by  Article  228  could  not  apply  in  any  case  to  the  non-
binding  recommendations  provided  for by the same Article. 

The  decisions  adopted  by  this  procedure  are  mainly  of  a technical  nature.  It was 
possible to adopt binding decisions already under the 1974 Paris Convention for the 
Prevention  of  Marine  Pollution  from  Land-based  Sources,  which  the  new 
Convention  will  replace.  In  this  context,  it  must  be  remembered  that  the 
Commission had recommended to the Council to grant it a general authorization for 
concluding  the  negotiations  on  the  pollution  abatement  measures  under  this 
Convention  (SEC(91)1864  final,  15  October  1991).  Authorization  covering  the 
decisions would respond to a manifest  need and thereby ensure continuity  with the 
abovementioned  1991  recommendation. 

Finally,  this  is a joint  Convention  in which  ten Member States  (Luxembourg  is a 
signatory) - and, from  1  January  1995 on, probably  13 - will be represented and the 
Community  bloc  will  hold  a dominant position  with  ten  (or  thirteen)  votes  out of 
fifteen. 

Consequently,  this  Decision  must be based  on Article  228(4). 

13.  This authorization  will  cover the following  fields  and  will  be subject  to the  following 

conditions: 

the Commission.' s authorization will cover the negotiation and adoption of decisions 
under Article 13 of the Convention on matters within the Community's jurisdiction; 

the  authorization  also  covers  the  amendments  of  the  annexes  referred  to  in 
Article  17 of the Convention and the adoption of appendices relating to amendments 
to the annexes under Article  18 of the Convention; 

by  contrast,  the  Commission  proposes  that  the  authorization  should  not  cover 
amendment  of  the  Convention  under  Article  15,  adoption  of  annexes  under 
Article  16 or the adoption of appendices relating  to amendment of the Convention 
or  to the adoption of annexes thereto under  Article  18; 

the Commission must ensure that the decisions taken are consistent with the existing 
Community  regulations and  with  the objectives of  the Community's  environment 

the  Commission  will  act  after  consulting  a  special  committee  designated  by  the 
Council; 

coordination measures will be taken to harmonize the Community's position with 
thepositions  of  the  Member  States participating  in  negotiations  on  decisions on 
matters within their jurisdiction. 

PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION, 
ON BEHALF OF THE COMMUNITY, OF THE CONVENTION FOR 
THE PROTECTION OF THE MARINE ENVIRONMENT OF THE 
NORTH EAST ATLANTIC 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130s(l), in conjunction with Article 228(2), (3) (first subparagraph) and (4) thereof, 

Having regard  to the proposal  from  the Commission,1 

Having regard  to the opinion of the European  Parliament,2 

Whereas the Commission,  on behalf of the Community, took part in the negotiations on the 
drafting  of the Convention for  the Protection of the Marine Environment of the North East 
Atlantic; 

Whereas the Convention was signed on behalf of the Community on 22 September  1992; 

Whereas, the Convention aims to prevent and eliminate pollution and to protect the maritime 
area against the adverse effects  of human activities; 

Whereas the Community has adopted measures in the area covered by the Convention and 
should therefore undertake international commitments in that area; whereas the Community's 
action  is a  necessary  complement  to that of  the  Member  States directly  concerned  and  its 
vparticipation in the Convention would appear  to comply with the principle of subsidiarity; 

Whereas pursuant to Article 130r of the Treaty, the Community's policy on the environment 
contributes to pursuit of the objectives of preserving, protecting and improving the quality of 
the  environment,  protecting  human health,  and  prudent  and  rational  utilization  of  natural 
resources;  whereas,  moreover,  within  their  respective  spheres  of  competence,  the 
Community and the Member States cooperate with  third countries and  with the competent 
international organizations; 

Whereas  the  Commission  should  be  authorized  to  adopt,  on  behalf  of  the  Community, 
decisions of an essentially technical nature on matters within the Community's jurisdiction; 
whereas the Commission, representing the Community, must act in consultation with a special 
Council  Committee  and  ensure  that  the  decisions  taken  are  consistent  with  the  existing 
Community regulations  and with the objectives of the Community's environment policy, 

OJ 

OJ 

HAS ADOPTED THIS DECISION: 

Article 1 

The Convention for the Protection of the Marine Environment of the North East Atlantic, as 
signed  in  Paris  on  22 September  1992,  is  hereby  approved  on  behalf  of  the  European 
Community. 

The text of the Convention  is annexed to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorized  to  designate  the  person  or  persons 
empowered to deposit the instrument of approval with the Government of the French Republic 
in accordance  with  the provisions of Article 34 of the Convention. 

Article 3 

The Commission is hereby authorized to approve, on behalf of the Community, the decisions 
provided  for  by Article  13 of the Convention,  the amendments of annexes provided  for  by 
Article  17 and the adoption of appendices provided for by Article  18 insofar  as the appendix 
relates to an amendment  to an annex. 

The  Commission  shall  conduct  these negotiations  in consultation  with  a special  committee 
designated  by the Council. 

It shall ensure that the decisions adopted under the Convention are consistent with the existing 
Community  legislation  and with the objectives  of the Community's environment  policy. 

Done at 

For  the Council 

ANNEX  1 

OSLO  AND  PARIS  CONVENTIONS  FOR  THE 
PREVENTION  OF  MARINE  POLLUTION 

MINISTERIAL  MEETING  OF THE  OSLO  AND  PARIS 
COMMISSIONS 

PARIS:  21-22  SEPTEMBER  1 9 92 

CONVENTION  FOR THE PROTECTION  OF THE 
MARINE  ENVIRONMENT  OF THE 
NORTH-EAST  ATLANTIC 

OSLO  A ND  PARIS  CONVENTIONS  FOR  THE  PREVENTION  OF  MARINE 
POLLUTION 

MINISTERIAL  MEETING  OF  THE  OSLO  AND  PARIS  COMMISSIONS 

PARIS:  2 1 - 22  SEPTEMBER  1 9 92 

ANNEX  1 

CONVENTION FOR THE  PROTECTION 

OF THE MARINE  ENVIRONMENT 

OF THE NORTH EAST  ATLANTIC 

4 

ry 

PREAMBLE 

ARTICLE  1: 

ARTICLE  2: 

ARTICLE 3: 

ARTICLE  4: 

ARTICLE  5: 

ARTICLE  6: 
ARTICLE?: 

ARTICLE 8: 

ARTICLE  9: 

ARTICLE 10: 

ARTICLE 11: 

ARTICLE 12: 

ARTICLE 13: 

ARTICLE 14: 

ARTICLE 15: 

ARTICLE 16: 

ARTICLE 17: 

ARTICLE 18: 

ARTICLE  19: 

ARTICLE 20: 

ARTICLE21: 
ARTICLE 22: 
ARTICLE 23: 
ARTICLE 24: 
ARTICLE 25: 
ARTICLE 26: 
ARTICLE 27: 
ARTICLE 28: 
ARTICLE 29: 

ARTICLE 30: 

CONVENTION  FOR THE  PROTECTION 
OF THE MARINE  ENVIRONMENT 
OF THE NORTH EAST ATLANTIC 

TABLE OF CONTENTS 

DEFINITIONS 

GENERAL  OBLIGATIONS 

POLLUTION  FROM  LAND-BASED  SOURCES 

POLLUTION  BY DUMPING OR INCINERATION 

POLLUTION  FROM  OFFSHORE SOURCES 

ASSESSMENT OF THE QUALITY OF THE MARINE  ENVIRONMENT 
POLLUTION  FROM OTHER SOURCES 

SCIENTIFIC AND TECHNICAL RESEARCH 

ACCESS TO  INFORMATION 

COMMISSION 

OBSERVERS 

SECRETARIAT 

DECISIONS  AND RECOMMENDATIONS 

STATUS OF ANNEXES AND APPENDICES 

AMENDMENT  OF THE  CONVENTION 

ADOPTION  OF ANNEXES 

• 

AMENDMENT  OF ANNEXES 

ADOPTION  OF  APPENDICES 

AMENDMENT  OF APPENDICES 

RIGHT TO VOTE 

TRANSBQUNDARY POLLUTION 
REPORTING TO THE COMMISSION 

COMPLIANCE 

REGIONALISATION 

SIGNATURE 

RATIFICATION,  ACCEPTANCE OR  APPROVAL 

ACCESSIONS 
RESERVATIONS 

ENTRY  INTO  FORCE 

WITHDRAWAL 

A\ 

ARTICLE  31 

ARTICLE  32 

ARTICLE  33 

ARTICLE  34 

ANNEX  I: 

ANNEX  II: 

ANNEX  III: 

ANNEX  IV: 

APPENDIX  1: 

REPLACEMENT  OF THE OSLO  AND PARIS  CONVENTIONS 

SETTLEMENT  OF DISPUTES 

DUTIES OF THE DEPOSITARY  GOVERNMENT 

ORIGINAL TEXT 

ANNEX  ON  THE  PREVENTION  AND  ELIMINATION  OF 
POLLUTION FROM LAND-BASED  SOURCES 

ANNEX  ON  THE  PREVENTION  AND  ELIMINATION  OF 
POLLUTION  BY DUMPING  OR  INCINERATION 

ANNEX  ON  THE  PREVENTION  AND  ELIMINATION  OF 
POLLUTION  FROM  OFFSHORE  SOURCES 

ANNEX  ON THE ASSESSMENT  OF THE  QUALITY  OF  THE  MARINE 
ENVIRONMENT 

CRITERIA  FOR  THE  DEFINITION  OF  PRACTICES  AN" 
TECHNIQUES  MENTIONED  IN  PARAGRAPH  3(b)(1)  OF  ARTICLE  x 
OF THE  CONVENTION 

APPENDIX  2: 

CRITERIA  MENTIONED  IN  PARAGRAPH  2  OF  ARTICLE  1  OF 
ANNEX I AND IN PARAGRAPH 2  OF ARTICLE 2  OF ANNEX  m 

Acu 

CONVENTION  FOR THE  PROTECTION 

OF THE  MARINE  ENVIRONMENT 

OF THE  NORTH-EAST  ATLANTIC 

THE  CONTRACTING  PARTIES, 

RECOGNISING  that the marine environment  and  the fauna  and  flora  which  it  supports  are 

of vital  importance to  all  nations; 

RECOGNISING  the  inherent  worth  of  the  marine  environment  of  the  North-East  Atlantic 

and the necessity  for providing coordinated protection  for  it; 

RECOGNISING  that concerted  action  at national,  regional  and global  levels  is  essential  to 

prevent and eliminate marine pollution and to achieve sustainable  management of  the maritime area, that 

is,  the  management  of  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; 

MINDFUL that the ecological  equilibrium  and the legitimate  uses  of  the  sea  are threatened 

by pollution; 

CONSIDERING  the  recommendations  of  the  United  Nations  Conference  on  the  Human 

Environment-held  in Stockholm  in June  1972; 

CONSIDERING  also  the  results  of  the  United  Nations  Conference  on  the  Environment 

and Development  held  in Rio de Janeiro  in June  1992; 

RECALLING  the  relevant  provisions  of  customary  international  law  reflected  in  Part  XII 

of  the  United  Nations  Law  of  the Sea  Convention  and,  in  particular,  Article  197  on  global  and  regional 

cooperation  for me protection  and preservation of the marine environment; 

CONSIDERING  that the common  interests  of  States  concerned  with  the  same  marine  area 

should  induce them to  cooperate at regional  or sub-regional  levels; 

A'b 

RECALLING  the  positive  results  obtained  within  the  context  of  the  Convention  for  the 

prevention  of  marine  pollution  by  dumping  from  ships  and  aircraft  signed  in  Oslo  on  15th  February 

1972,  as  amended  by  the protocols  of  2nd  March  1983  and  5th  December  1989,  and  the  Convention  for 

the  prevention  of  marine  pollution  from  land-based  sources  signed  in  Paris  on  4th  June  1974,  as 

amended  by  the  protocol  of  26th  March  1986; 

CONVINCED  that  further  international  action  to  prevent  and  eliminate  pollution  of  the  sea 

should  be  taken  without  delay,  as  part  of  progressive  and  coherent  measures  to  protect  the  marine 

environment; 

RECOGNISING  that  it  may  be  desirable  to  adopt,  on  the  regional  level,  more  stringent 

measures  with  respect  to  the  prevention  and  elimination  of  pollution  of  the  marine  environment  or  with 

respect  to  the  protection  of  the  marine  environment  against  the  adverse  effects  of  human  activities  than 

are provided  for  in  international  conventions  or  agreements  with  a global  scope; 

RECOGNISING  that  questions  relating  to  the  management  of  fisheries  are  appropriately 

regulated  under  international  and regional  agreements  dealing specifically  with  such  questions; 

CONSIDERING  that  the  present  Oslo  and  Paris  Conventions  do  not  adequately  control 

some of the many  sources  of pollution,  and that  it is therefore justifiable  to replace them with the  present 

Convention,  which  addresses  all  sources  of  pollution  of  the  marine  environment  and  the  adverse  effects 

of  human  activities  upon  it,  takes  into  account  the  precautionary  principle  and  strengthens  regional 

cooperation; 

HAVE  AGREED  as  follows: 

AU 

ARTICLE  1 

DEFINITIONS 

For the purposes  of  the  Convention: 

(a) 

"Maritime  area"  means  the  internal  waters  and  the  territorial  seas  of  the  Contracting, 

Parties,  the  sea  beyo'nd  and  adjacent  to  the  territorial  sea  under  the  jurisdiction  of  the 

coastal  state  to  the  extent  recognised  by  international  law,  and  the  high  seas,  including  the 

bed of  all  those waters  and its sub-soil,  situated  within the following  limits: 

(i) 

those  parts  of  the4Atlantic  and  Arctic  Oceans  and  their  dependent  seas  which  lie 

north  of  36°  north  latitude  and  between  42°  west  longitude  and  51°  east  longitude, 

but  excluding: 

(1) 

the  Baltic  Sea  and  the  Beits  lying  to  the  south  and  east  of  lines  drawn  from 

Hasenore  Head  to  <3niben  Point,  from  Korshage  to  Spodsbjerg  and  from 

Gilbjerg  Head to Kullen, 

(2) 

the Mediterranean  Sea and its dependent seas  as far  as the point of  intersection 

of  the parallel of 36°  north latitude and the meridian of 5°  36'  west longitude; 

(ii) 

that  part  of  the  Atlantic  Ocean  north  of  59°  north  latitude  and  between  44°  west 

longitude  and 42°  west longitude. 

(b) 

"Internal  waters"  means  the  waters  on  the  landward  side  of  the  baselines  from  which  the 

breadth  of  the  territorial  sea  is  measured,  extending  in  the  case  of  watercourses  up  to  the 

freshwater limit. 

(c) 

"Freshwater  limit"  means the place  in  a watercourse  where,  at low  tide  and  in  a period  of 

low  freshwater  flow,  there  is  an  appreciable  increase  in  salinity  due  to  the  presence  of 

seawater. 

y (S 

(d) 

"Pollution"  means  the  introduction  by  man,  directly  or  indirectly,  of  substances  or  energy 

into  the  maritime  area  which  results,  or  is  likely  to  result,  in  hazards  to  human  health, 

harm  to  living  resources  and  marine  ecosystems,  damage  to  amenities  or  interference  with 

other  legitimate uses  of  the  sea. 

(e) 

"Land-based  sources"  means  point  and  diffuse  sources  on  land  from  which  substances  or 

energy  reach  the  maritime  area  by  water,  through  the  air,  or  direcdy  from  the  coast.  It 

includes  sources  associated  with  any  deliberate  disposal  under  the  sea-bed  made  accessible 

from  land  by  tunnel,  pipeline  or  other  means  and  sources  associated  wirh  man-made 

structures  placed,  in  the  maritime  area  under  the jurisdiction  of  a  Contracting  Party,  other 

than  for  the purpose  of  offshore  activities. 

(f) 

"Dumping"  means 

(i) 

any  deliberate  disposal  in the maritime area of  wastes  or other  matter 

(1) 

from  vessels  or  aircraft; 

(2) 

from  offshore  installations; 

(ii) 

any deliberate disposal  in the maritime area of 

(1) 

vessels  or aircraft; 

(2) 

offshore  installations  and offshore  pipelines. 

(g) 

"Dumping" does  not include: 

(i) 

the  disposal  in  accordance  with  the  International  Convention  for  the  Prevention  of 

Pollution from Ships,  1973,  as modified  by  the Protocol of  1978  relating  thereto, or 

other  applicable  international  law,  of  wastes  or other  matter  incidental  to,  or derived 

from,  the normal  operations of vessels or aircraft  or offshore  installations  other than 

wastes  or  other  matter  transported  by.  or  to  vessels  or  aircraft  or  offshore 

installations  for  the  purpose  of  disposal  of  such  wastes  or  other  matter  or  derived 

from  the  treatment  of  such  wastes  or  other  matter  on  such  vessels  or  aircraft  or 

offshore  installations; 

AG 

(ii) 

placement  of  natter  for  a  purpose  other  than  the  mere  disposal  thereof,  provided 

that,  if  the  placement  is  for  a  purpose  other  than  that  for  which  the  matter  was 

originally  designed  or  constructed,  it  is  in  accordance  with  the  relevant  provisions 

of  the Convention; and 

(iii) 

for  the  purposes  of  Annex  III,  the  leaving  wholly  or  partly  in  place-of  a  disused 

offshore  installation  or  disused  offshore  pipeline,  provided  that  any  such  operation 

takes  place  uv accordance  with  any  relevant  provision  of  the  Convention  and  with 

other  relevant  international  law. 

(h) 

"Incineration"  means  any  deliberate  combustion  of  wastes  or  other  matter  in  the  maritime 

area for the purpose of their thermal  destruction. 

(i) 

"Incineration"  does  not  include  the  thermal  destruction  of  wastes  or  other  matter  in 

accordance  with  applicable  international  law  incidental  to,  or  derived  from  the  normal 

operation of  vessels  or  aircraft,  or  offshore  installations  other  than  the  thermal  destruction 

of  wastes  or  other  matter  on  vessels  or  aircraft  or  offshore  installations  operating  for  the 

purpose of such thermal destruction. 

(J) 

"Offshore  activities'1  means  activities  carried  out  in  the  maritime  area  for  the  purposes  of 

the exploration,  appraisal or exploitation of liquid and gaseous  hydrocarbons. 

(k) 

"Offshore  sources"  means  offshore 

installations  and  offshore  pipelines  from  which 

substances  or energy  reach the maritime area. 

(1) 

"Offshore  installation"  means  any  man-made  structure,  plant  or  vessel  or  parts  thereof, 

whether  floating  or fixed to  the seabed,  placed  within the maritime  area for  the purpose  of 

offshore  activities. 

(m) 

"Offshore  pipeline" means  any pipeline which  has been placed  in. the maritime area for  the 

purpose of  offshore  activities. 

(n) 

• "Vessels  or aircraft"  means waterborne or airborne craft of any type  whatsoever,  their parts 

and  other  fittings.  This  expression  includes  air-cushion  craft,  floating  craft  whether  self-

propelled  or  not,  and other  man-made  structures  in the  maritime  area  and  their  equipment, 

but excludes  offshore  installations  and offshore  pipelines. 

Xi-

(o) 

"Wastes or other matter" does not include: 

(i) 

human remains; 

(ii) 

offshore  installations; 

(iii)  offshore  pipelines; 

(iv) 

unprocessed  fish  and fish  offai  discarded  rrom fishing  vessels. 

(p) 

"Convention"  means, unless the text otherwise  indicates, the Convention  for  the  Protection 

of the Marine Environment of the North-East  Adantic, its Annexes  and Appendices. 

(q) 

(r) 

"Oslo  Convention"  means  the  Convention  for  the  Prevention  of  Marine  Pollution  by 
Dumping from Ships  and  Aircraft  signed  in  Oslo on  15th February  1972,  as  amended by 
the protocols of 2nd March  1983 and 5th December 1989. 

"Paris  Convention"  means  the  Convention  for  the  Prevention  of  Marine  Pollution  from 
Land-based  Sources,  signed  in  Paris  on  4th  June  1974,  as  amended  by  the  protocol  of 
26th March 1986. 

(s) 

"Regional  economic  integration  organisation"  means  an  organisation  constituted  by 

sovereign States of a given region which has competence in respect of matters governed by 

the  Convention  and  has been duly  authorised,  in accordance  with  its  internal  procedures, 

to sign, ratify,  accept, approve or accede to the Convention. 

J<3 

ARTICLE 2 
GENERAL OBLIGATIONS 

1. 

(a)  The Contracting Panies shall,  in accordance with the provisions  of the Convention, take all 

possible  steps  to prevent and eliminate pollution and shall  take  the  necessary  measures to 
protect the maritime area against the adverse effects  of human activities  so  as to safeguard 
human  health  and  to  conserve  marine  ecosystems  and,  when  practicable,- restore  marine 
areas which have been adversely affected. 

. 

(b)  To  this  end  Contracting  Panies  shall,  individually  and  jointly,  adopt  programmes  and 

measures and shall harmonise their policies and strategies. 

2. 

The Contracting Panies shall apply: 

(a) 

the precautionary  principle,  by virtue of which preventive  measures  are to be taken when 
there are reasonable grounds for concern that substances or energy  introduced,  directly or 
indirectly,  into  the marine  environment  may bring  about  hazards  to  human  health, harm 
living resources and marine ecosystems, damage amenities or interfere with other legitimate 
uses of the sea, even when there is no conclusive evidence of  a causal relationship between 
the inputs and the effects; 

(b) 

the polluter pays principle, by. virtue of which the costs of pollution prevention, control and 

reduction measures are to be borne by the polluter. 

3. 

(a) 

In implementing the Convention, Contracting Parties shall  adopt programmes and measures 

which  contain,  where  appropriate,  time-limits  for  their  completion  and  which  take  full 

account  of  the  use  of  the  latest  technological  developments  and  practices  designed  to 

prevent and eliminate pollution fully. 

JA 

(b) 

To  this  end they shall: 

(i) 

taking  into  account  the  criteria  set  forth  in  Appendix  1,  define  with  respect  to 

programmes  and measures the application of,  inter  alia, 

- 

best available techniques 

best environmental  practice 

including,  where  appropriate,  clean technology; 

• 

(ii) 

in  carrying  out  such  programmes  and  measures,  ensure  the  application  of  best 

available techniques  and best environmental  practice as  so  defined,  including,  where 

appropriate,  clean technology. 

4. 

The  Contracting  Parties  shall  apply  the  measures  they  adopt  in  such  a  way  as  to  prevent  ai 

increase in pollution of the sea outside the maritime area or in other pans of  the  environment. 

5. 

No  provision  of  the  Convention  shall  be  interpreted  as  preventing  the  Contracting  Parties  from 

taking,  individually or joindy,  more stringent measures with respect to the prevention and elimination of 

pollution  of the maritime  area or with respect tqjhe protection  of  the maritime  area  against  the  adverse 

effects  of human activities. 

ARTICLE 3 

POLLUTION  FROM LAND-BASED  SOURCES 

The  Contracting  Parties  Shall  take,  individually  and joindy,  all  possible  steps  to  prevent  and  eliminate 

pollution from land-based  sources  in accordance  with'the provisions  of  the  Convention,  in particular  as 

provided for  in  Annex I. 

Sto 

ARTICLE 4 

POLLUTION BY DUMPING OR INCINERATION 

The Contracting  Panies  shall  take,  individually and jointly,  all possible  steps  to  prevent  and eliminate 
pollution by dumping or incineration of wastes or other matter in accordance with the provisions  of the 
Convention,  in particular as provided for in Annex II. 

ARTICLES 
POLLUTION FROM OFFSHORE SOURCES 

The  Contracting  Parties  shall  take,  individually  and joindy,  all  possible  steps  to  prevent  and eliminate 
pollution from offshore  sources  in  accordance  with  the provisions  of  the  Convention,  in particular as 
provided for in Annex Id. 

ARTICLE 6 
ASSESSMENT OF THE QUALITY OF THE MARINE ENVIRONMENT 

The  Contracting  Parties  shall,  in  accordance  with  the  provisions  of  the  Convention,  in  particular  as 

provided for in Annex TV: 

.(a) 

undertake  and  publish  at  regular  intervals  joint  assessments  of  the  quality  status  of  the 

marine  environment  and of  its development,  for  the maritime  area  or  for  regions  or sub-

regions thereof; 

(b) 

include  in such  assessments  both an evaluation of  the effectiveness  of  the measures taken 

and planned for the protection of the marine environment and the identification  of priorities 

for action. 

.2* 

ARTICLE 7 

POLLUTION FROM OTHER SOURCES 

The Contracting  Parties  shall  cooperate with a view  to  adopting  Annexes,  in  addition  to  the  Annexes 
mentioned in Articles 3, 4, 5 and 6 above, prescribing measures, procedures and standards to protea the 
maritime  area against pollution from other sources,  to the extent that such  pollution  is  not  already the 
subject  of  effective  measures  agreed  by  other  international  organisations  or  prescribed  by  other 
international  conventions. 

ARTICLE 8 
SCIENTIFIC AND TECHNICAL RESEARCH 

1. 
To  further the aims of the Convention, the Contracting Parties shall  establish complementary or 
joint programmes  of  scientific  or  technical  research  and,  in accordance  with  a standard procedure,  to 
transmit to the Commission: 

(a) 

the results of such complementary, joint or other relevant research; 

(b) 

details of  other relevant programmes of scientific  and technical research. 

2. 

In so doing, the Contracting Parties shall have regard to the work carried out, in these fields, by 

the appropriate international organisations and agencies. 

sx^ 

ARTICLE 9 

ACCESS TO INFORMATION 

The  Contracting  Parties  shall  ensure  that  their  competent  authorities  are  required  to  make 
1. 
available  the  information  described  in  paragraph  2  of  this  Article  to  any  natural  or  legal  person,  in 
response  to  any  reasonable  request,  without  that  person's  having  to  prove  an  interest,  without 
unreasonable charges,  as soon as possible and at the latest within two months. 

2. 
The information  referred  to in paragraph  1 of this Article is any available  information  in written, 
visual,  aural  or  data-base  form on  the state  of  the maritime  area,  on  activities  or  measures  adversely 
affecting  or  likely  to  affect  it  and  on  activities  or  measures  introduced  in  accordance  with  the 
Convention. 

3. 

The provisions of this Article shall  not affect the right of Contracting Parties,  in accordance with 

their national  legal  systems  and  applicable  international  regulations,  to  provide  for  a  request  for such 

information to be refused where it affects: 

s 

(a) 

the  confidentiality  of  the  proceedings  of  public  authorities,  international  relations  and 

national  defence; 

(b) 

public security; 

(c)  matters  which  are,  or  have  been,  sub judice,  or  under  enquiry  (including  disciplinary 

enquiries), or which are the subject of preliminary investigation proceedings; 

commercial and industrial confidentiality,  including intellectual property; 

the confidentiality  of personal data and/or files; 

(d) 

(e) 

- (f)  material supplied by a third party without that party being under a legal obligation to do so; 

(g)  material,  the disclosure of which would make it more likely that the environment to which 

such material related would be damaged. 

4. 

The reasons for a refusal  to provide the information requested must be given. 

&> 

ARTICLE 10 

COMMISSION 

1. 

A  Commission,  made  up  of  representatives  of  each  of  the  Contracting  Parties,  is  hereby 

established.  The  Commission  shall  meet  at  regular  intervals  and  at  any  time  when,  due  to  special 

circumstances,  it is so  decided  in accordance with the Rules of Procedure. 

2. 

It shall  be the duty  of  the  Commission: 

(a) 

to supervise the  implementation  of the Convention; 

(b) 

generally  to  review  the  condition  of  the  maritime  area,  the  effectiveness  of  the  measures 

being  adopted,  the priorities  and the need for any additional  or different  measures; 

(c) 

to  draw  up,  in  accordance  with  the  General  Obligations  of  the  Convention,  programmes 

and  measures  for  the  prevention  and  elimination  of  pollution  and  for  the  control  of 

activities  which  may,  direcdy  or  indirecdy,  adversely  affect  the  maritime  area;  such 

programmes  and measure may, when appropriate, include economic  instruments; 

(d) 

to establish  at regular intervals  its programme of work; 

(e) 

to  set  up  such  subsidiary  bodies  as  it  considers  necessary  and  to  define  their  terms  of 

reference; 

• (f) 

to  consider  and,  where  appropriate,  adopt proposals  for  the  amendment  of  the  Convention 

in accordance  with  Articles  15,  16,  17,  18,  19 and 27; 

(g) 

to discharge the functions  conferred by Articles 21  and 23  and such other  functions  as may 

• be appropriate under the terms of the Convention; 

3. 

To  these  ends  the  Commission  may,  inter  alia,  adopt  decisions  and  recommendations  in 

accordance with Article  13. 

£V 

4. 

The  Commission  shall  draw  up  its  Rules  of  Procedure  which  shall  be  adopted  by  unanimous  vote 

of  the Contracting  Parties. 

5. 

The  Commission  shall  draw  up  its  Financial  Regulations  which  shall  be  adopted  by  unanimous 

vote of  the  Contracting  Parties. 

ARTICLE  11 

OBSERVERS 

1. 

The  Commission  may,  by  unanimous  vote  of  the  Contracting  Parties,  decide  to  admit  as  an 

observer: 

(a) 

any State which  is not a Contracting  Party to  the Convention; 

Xb) 

any  international  governmental  or  any  non-governmental  organisation  the  activities  of 

which are related to the Convention. 

2. 

Such  observers  may participate  in  meetings  of  the  Commission  but  without  the  right  to  vote  and 

may present to the Commission  any  information or reports relevant to the objectives  of  the  Convention. 

3. 

The  conditions  for  the  admission  and  the  participation  of  observers  shall  be  set  in  the  Rules  of 

Procedure of  the Commission. 

XT 

ARTICLE  12 

SECRETARIAT 

1. 

A permanent  Secretariat  is  hereby  established. 

2. 

The  Commission  shall  appoint  an  Executive  Secretary  and  determine  the  duties  of  that  post  and 

the  terms  and  conditions  upon  which  it  is  to be  held. 

3. 

The  Executive  Secretary  shall  perform  the  functions  that  are  necessary  for  the  administration  of 

the  Convention  and  for  the  work  of  the  Commission  as well  as  the  other  tasks  entrusted  to  the  Executive 

Secretary  by the Commission  in  accordance  with  its Rules of Procedure  and  its  Financial  Regulations. 

ARTICLE  13 

DECISIONS  AND  RECOMMENDATIONS 

1. 

Decisions  and  recommendations  shall  be  adopted  by  unanimous  vote  of  the  Contracting  Parties. 

Should  unanimity  not  be  attainable,  and  unless' otherwise  provided  in  the  Convention,  the  Commission 

may  nonetheless  adopt  decisions  or  recommendations  by  a  three-quarters  majority  vote  of  the 

Contracting  Parties. 

2. 

A  decision  shall  be  binding  on  the  expiry  of  a period  of  two  hundred  days  after  its  adoption  for 

those  Contracting  Parties  that  voted  for  it  and  have  not  within  that  period  notified  the  Executive 

Secretary  in writing  that they  are unable to  accept the decision,  provided  that  at  the  expiry  of  that  period 

three-quarters  of  the  Contracting  Parties  have  either  voted  for  the  decision  and  not  withdrawn  the*, 

acceptance  or  notified  the  Executive  Secretary  in  writing  that  they  are  able  to  accept  the  decision.  Such 

a  decision  shall  become  binding  on  any  other  Contracting  Party  which  has  notified  the  Executive 

Secretary  in writing  that  it  is  able to  accept  the decision  from  the  moment  of  that  notification  or  after  the 

expiry  of  a period  of  two  hundred  days  after  the adoption  of  the  decision,  whichever  is  later. 

%G 

3. 
A  notification  under  paragraph  2  of  this  Article  to  the  Executive  Secretary  may  indicate  that  a 
Contraaing  Party  is unable  to  accept  a decision  insofar  as  it relates  to  one  or  more of  its  dependent  or 
autonomous  territories to which the Convention applies. 

AH decisions  adopted  by  the Commission  shall, where appropriate,  contain  provisions  specifying 

4. 
the timetable by which the decision shall be implemented. 

5. 

Recommendations shall have no binding  force. 

Decisions  concerning  any  Annex  or  Appendix  shall  be  taken  only  by  the  Contracting  Panies 

6. 
bound  by the Annex or Appendix  concerned. 

ARTICLE 14 

STATUS OF ANNEXES AND APPENDICES 

1. 

The Annexes and Appendices form an integral part of the Convention. 

2. 

The Appendices shall be of a scientific,  technical or administrative nature. 

#V 

ARTICLE  15 

AMENDMENT  OF THE  CONVENTION 

1.  Without  prejudice  to  the  provisions  of  paragraph  2  of  Article  27  and  to  specific  provisions 

applicable  to  the  adoption  or  amendment  of  Annexes  or  Appendices,  an  amendment  to  the  Convention 

shall  be  governed  by the present  Article. 

2. 

Any  Contracting  Parry  may  propose  an  amendment  to  the  Convention.  The  text  of  the  proposed 

amendment  shall  be  communicated  to  the  Contraaing  Parties  by  the  Executive  Secretary  of  the 

Commission  at  least  six  months  before  the  meeting  of  the  Commission  at  which  it  is  proposed  for 

adoption.  The Executive  Secretary  shall  also communicate the proposed  amendment  to  the signatories  to 

the Convention  for  information. 

3. 

The  Commission shall  adopt the amendment by unanimous vote of  the Contracting  Parties. 

4. 

The  adopted  amendment  shall  be  submitted  by  the  Depositary  Government  to  the  Contracting 

Parties  for  ratification,  acceptance  or  approval.  Ratification,  acceptance  or  approval  of  the  amendment 

shall  be notified  to the Depositary  Government in writing. 

5. 

The  amendment  shall  enter  into  force  for  those  Contracting  Parties  which  have  ratified,  accepted 

or  approved  it  on  the  thirtieth  day  after  receipt  by  the  Depositary  Government  of  notification  of  its 

ratification,  acceptance or approval by at least seven Contraaing Parties. Thereafter  the amendment shall 

enter  into  force  for  any  other  Contracting  Party  on  the  thirtieth  day  after  that  Contraaing  Party  has 

deposited  its  instrument of  ratification,  acceptance or approval  of the amendment. 

<£S 

ARTICLE 16 
ADOPTION OF ANNEXES 

The  provisions  of  Article  15  relating  to  the  amendment  of  the  Convention  shall  also  apply  to  the 

proposal, adoption and entry into force of an Annex to the Convenuon, except that the Commission shall 

adopt any Annex referred to in Article 7 by a three-quarters majority vote of the Contraaing Parties. 

ARTICLE 17 
AMENDMENT OF ANNEXES 

The provisions  of  Article  15 relating  to the amendment of the Convention  shall  also  apply to an 
1. 
amendment to an Annex to the Convention,  except that the Commission shall  adopt amendments to any 

Annex referred to in Articles 3, 4, 5, 6 or 7 by a three-quarters majority vote of the Contracting Parties 

bound by that Annex. 

2. 

If the amendment of  an Annex is related to an amendment to the Convention,  the  amendment of 

the Annex shall be governed by the same provisions as apply to the amendment to the Convention. 

£3 

ARTICLE  13 

ADOPTION OF  APPENDICES 

i. 

If  a proposed  Appendix  is  related to an amendment  to the Convention  or  an Annex,  proposed  for 

adoption  in  accordance with  Article  15 or Article  17, the proposal,  adoption  and  entry  into  force  of  that 

Appendix  shall  be  governed  by  the  same  provisions  as  apply  to  the  proposal,  adoption  and  entry  into 

force  of that  amendment. 

2. 

If  a  proposed  Appendix  is  related  to  an  Annex  to  the  Convention,  proposed  for  adoption  in 

accordance  with  Article  16,  the  proposal,  adoption  and  entry  into  force  of  that  Appendix  shall  be 

governed  by the same provisions  as apply to the proposal,  adoption  and entry  into  force  of  that Annex. 

ARTICLE  19 

AMENDMENT OF APPENDICES 

1. 

Any  Contraaing  Party  bound  by  an  Appendix  may  propose  an  amendment  to  that  Appendix. 

The text of  the proposed  amendment shall be communicated  to all  Contracting  Parties  to  the  Convention 

by the Executive Secretary of  the Commission as provided for  in paragraph 2 of Article  15. 

2. 

The  Commission shall  adopt the amendment to an Appendix  by a three-quarters  majority  vote  of 

the Contracting Parties bound by that Appendix. 

3. 

An  amendment  to  an Appendix  shall  enter  into  force  on  the  expiry  of  a period  of  two  hundred 

days  after  its  adoption  for  those  Contracting  Parties  which  are  bound  by  that  Appendix  and  have  no 

within  that  period  notified  the  Depositary  Government  in  writing  that  they  are  unable  to  accept  that 

amendment,  provided that at the expiry of that period three-quarters of the Contracting  Parties bound by 

that Appendix  have either voted  for the amendment  and not  withdrawn their  acceptance  or  have  notified 

the Depositary  Government  in writing that they are able to accept the amendment. 

=bo 

4. 
A notification  under paragraph 3 of this Article to. the Depositary  Government  may indicate that 
a  Contracting  Party  is  unable  to  accept  the  amendment  insofar  as  it  relates  to  one  or  more  of  its 
dependent or autonomous territories to which the Convention applies. 

An amendment to  an Appendix shall become binding  on any other  Contracting Party  bound by 
5. 
the  Appendix  which  has  notified  the  Depositary  Government  in  writing  that  it  is  able  to  accept  the 
amendment from the  moment of  that notification  or after  the expiry  of  a period  of  two  hundred  days 
after the adoption of the amendment, whichever is later. 

, 

6. 

The  Depositary  Government  shall  without  delay  notify  all  Contracting  Parties  of  any  such 

notification received. 

7. 

If the amendment of an Appendix is related to an amendment to the Convention or an Annex, the 

amendment of the Appendix shall be governed by the same provisions as apply to the amendment to the 

Convention or that Annex. 

ARTICLE 20 
RIGHT TO VOTE 

1. 

Each Contracting Party shall have one vote m me Commission. 

2. 

Notwithstanding  the  provisions  of  paragraph  1  of  this  Article,  the  European  Economic 

Community and other regional  economic integration organisations, within the areas of their competence, 

are  entitled  to  a number of  votes  equal  to  the number of  their  Member  States  which  are  Contracting 

Parties to the Convention. Those organisations shall not exercise their right to vote  in cases  where their 

Member States exercise theirs and conversely. 

^ 

ARTICLE 21 

TRANSBOUNDARY  POLLUTION 

1.  When pollution  originating  from  a Contracting Party  is  likely  to  prejudice  the  interests  of  one  or 

more  of  the  other  Contracting  Parties  to  the  Convention,  the  Contracting  Parties  concerned  shall  enter 

into consultation,  at the request of  any one of them, with a view  to  negotiating  a cooperation  agreement. 

2. 

At  the  request  of  any  Contracting  Party  concerned,  the  Commission  shall  consider  the  question 

and may  make recommendations  with  a view  to reaching  a satisfaaory  solution. 

3. 

An  agreement  referred  to  in paragraph  1 of this  Article  may,  inter  alia,  define  the  areas  to  which 

it  shall  apply,  the  quality  objeaives  to  be  achieved  and  the  methods  for  achieving  these  objeaives, 

including  methods  for  the  application  of  appropriate  standards  and  the  scientific  and  technical 

information  to be  collected. 

4. 

The  Contraaing  Parties  signatory  to  such  an  agreement  shall,  through  the  medium  of  the 

Commission,  inform  the other  Contraaing  Parties of  its  purport  and of  the  progress  made  in  putting  it 

into  effea. 

5«-

ARTICLE 22 

REPORTING TO THE  COMMISSION 

The Contraaing  Parties shall report to the Commission at regular intervals on: 

(a) 

the  legal,  regulatory,  or  other  measures  taken  by  them  for  the  implementation  of  the 
provisions  of  the Convention  and  of  decisions  and  recommendations  adopted  thereunder, 
including  in  particular  measures  taken  to  prevent  and  punish  condua  in  contravention  of 
those provisions; 

(b) 

the effeaiveness  of the measures refened  to in subparagraph  (a) of this Article; 

(c) 

problems  encountered 

in 

the 

implementation  of 

the  provisions 

referred 

to 

in 

subparagraph (a) of this Article. 

ARTICLE 23 
COMPLIANCE 

The Commission shall: 

(a) 

on  the  basis  of  the  periodical  reports  referred  to  in  Article  22  and  any  other  report 

submitted  by the  Contracting Parties,  assess their compliance with  the  Convention  and the 

decisions and recommendations adopted thereunder; 

(b)  when  appropriate,  decide  upon  and  call  for  steps  to  bring  about  full  compliance  with  the 

Convention,  and  decisions  adopted  thereunder,  and  promote  the  implementation  of 

recommendations,  including  measures  to  assist  a  Contracting  Party  ta  carry  out  its 

obligations. 

Q*X 

ARTICLE 24 

REGIONALISATION 

The Commission  may decide that  any decision or recommendation  adopted  by  it shall  apply to  all, or  a 
specified  pan, of the maritime area and may provide for different  timetables to be applied, having regard 
to  the  differences  between  ecological  and  economic  conditions  in  the  various  regions  and  sub-regions 
covered by the Convention. 

ARTICLE 25 

SIGNATURE 

The Convention shall be open for signature at Paris from 22nd September  1992 to 30th June  1993 by: 

(a) 

the Contracting Parties to the Oslo Convention or the Paris Convention; 

(b) 

any other coastal State bordering the maritime area; 

(c) 

any State located upstream on watercourses reaching the maritime area; 

(d) 

any  regional  economic  integration  organisation  having  as  a  member  at  least  one  State  to 
which  any of the subparagraphs  (a) to (c) of this Article applies. 

ARTICLE 26 
RATIFICATION,  ACCEPTANCE OR APPROVAL 

The Convention  shall  be subjea  to ratification,  acceptance or  approval. The  instruments  of  ratification, 

acceptance or approval shall be deposited with the Government of the French Republic. 

ARTICLE 27 

ACCESSIONS 

After  30th  June  1993,  the  Convention  shall  be  open  for  accession  by  the  States  and  regional 

1. 
economic integration organisations refened to in Article 25. 

The  Contracting  Parties  may  unanimously  invite  States  or  regional  economic  integration 
2. 
organisations not referred to in Article 25 to accede to the Convention.  In the case of such an accession, 
the definition  of  the  maritime  area shall,  if  necessary,  be  amended  by  a  decision  of  the  Commission 
adopted by unanimous vote of the Contraaing Parties.  Any such amendment shall  enter into force after 
unanimous  approval  of  all  the  Contraaing  Panies  on  the  thirtieth  day  after  the  receipt  of  the  last 
notification by the Depositary Government. 

3. 

Any  such  accession  shall  relate to  the  Convention  including  any Annex  and  any  Appendix that 

have been  adopted  at the date of such accession,  except  when the  instrument of  accession  contains an 

express declaration of non-acceptance of one or several Annexes other than Annexes I, II, III and IV. 

4. 

The instruments of accession shall be deposited with the Government of the French Republic. 

ARTICLE 28 

RESERVATIONS 

No reservation to the Convention may be made. 

5<T 

ARTICLE 29 

ENTRY  INTO  FORCE 

1. 

The  Convention  shall  enter  into  force  on  the  thirtieth  day  following  the  date  on  which  all 

Contracting  Parties  to  the  Oslo  Convention  and  all  Contracting  Parties  to  the  Paris  Convention  have 

deposited  their  instrument  of  ratification,  acceptance,  approval or accession. 

2. 

For  any State or  regional  economic  integration organisation  not referred  to  in paragraph  l of  this 

Article,  the  Convention  shall  enter  into  force  in accordance  with paragraph  1 of  this  Article,  or  on  the 

thirtieth  day  following  the date of  the deposit  of  the  instrument  of  ratification,  acceptance,  approval  or 

accession by that State or regional economic integration organisations, whichever  is later. 

ARTICLE 30 

WITHDRAWAL 

1. 

At any time after the expiry of two years .from the date of entry into  força of  the Convention for a 

Contraaing  Party,  that Contracting Party  may withdraw from the  Convention  by  notification  in writing 

to the Depositary  Government. 

2. 

Except  as  may be otherwise provided  in an Annex  other than Annexes  I to IV  to  the Convention, 

any Contraaing  Party may at any time after the expiry  of  two years from the  date of  entry  into  force  of 

such  Annex  for  that  Contracting  Party  withdraw  from  such  Annex  by  notification  in  writing  to  the 

Depositary  Government. 

3. 

Any  withdrawal  referred  to  in paragraphs  1 and  2  of  this  Article  shall  take  effea  one  year  after 

the date on which the notification  of that withdrawal  is received by the Depositary  Government. 

36 

REPLACEMENT  OF THE  OSLO AND PARIS  CONVENTIONS 

ARTICLE 31 

1. 

Upon its entry into force,  the Convention shall replace the Oslo and Paris  Conventions  as between 

the Contracting Parties. 

Notwithstanding  paragraph  1  of this Article, decisions, recommendations  and  all other  agreements 
2. 
adopted under the Oslo Convention  or the Paris Convention  shall  continue to  be applicable,  unaltered  in 
their  legal  namre,  to  the  extent  that  they  are  compatible  with,  or  not  explicitly  terminated  by,  the 
Convention,  any decisions  or,  in  the  case of  existing  recommendations,  any  recommendations  adopted 
thereunder. 

AKTICLE32 

SETTLEMENT OF DISPUTES 

1. 

Any  disputes  between  Contraaing  Parties  relating  to  the  interpretation  or  application  of  the 

Convention,  which  cannot  be  settled  otherwise  by  the  Contracting  Parties  concerned,  for  instance  by 

means of  inquiry or conciliation within the Commission, shall at the request of  any of those  Contracting 

Parties» be submitted to arbitration under the conditions laid down in this Article. 

2. 

Unless  the parties to the dispute decide otherwise, the procedure of  the arbitration  referred  to  in 

paragraph  1 of this Article shall be in accordance with paragraphs 3 to  10 of this Article. 

3. 

(a)  At  the  request  addressed  by  one  Contracting  Party  to  another  Contracting  Party  in 

accordance  with  paragraph  1 of  this Article,  an  arbitral  tribunal  shall  be  constituted.  The 

request for  arbitration shall state the subject matter of the application  including  in particular 

the Articles of the Convention, the interpretation or application of which is in dispute. 

(b)  The applicant  party  shall  inform  the Commission that it  has requested  the setting up  of  an 

arbitral  tribunal,  stating the name of the other  party  to the dispute and  the  Articles  of  the 

Convention  the  interpretation  or  application  of  which,  in  its  opinion,  is  in  dispute.  The 

Commission  shall  forward  the  information  thus  received  to  all  Contracting  Parties  to  the 

Convention. 

3? 

4. 

The  arbitral  tribunal  shall  consist, of  three  members:  each  of  the  parties  to  the  dispute  shall 

appoint  an  arbitrator;  the  two  arbitrators  so  appointed  shall  designate  by  common  agreement  the  third 

arbitrator  who  shall  be  the  chairman  of  the  tribunal.  The  latter  shall  not  be  a  national  of  one  of  the 

parties to  the dispute,  nor have  his  usual  place  of  residence  in the  territory  of  one  of  these  parties,  nor 

be employed by any of them,  nor have dealt with the case in any other capacity. 

5. 

(a) 

If  the  chairman  of  the  arbitral  tribunal  has  not  been  designated  within  two  months  of  the 

appointment  of  the  second  arbitrator,  the  President  of  the  International  Court  of  Justice 

shall,  at the request of  either party,  designate  him within a  further two  months'  period. 

(b) 

If  one  of  the  parties  to  the  dispute  does  not  appoint  an  arbitrator  within  two  months  of 

receipt  of  the  request,  the  other  party  may  inform  the President  of  the  International  Court 

of  Justice  who  shall  designate  the  chairman  of  the  arbitral  tribunal  within  a  further  two 

months'  period.  Upon  designation,  the  chairman  of  the  arbitral  tribunal  shall  request  th^ 

party which has not  appointed  an arbitrator to do so  within two  months.  After  such  period, 

he  shall  inform  the  President  of  the  International  Court  of  Justice  who  shall  make  this 

appointment within a further two months' period. 

6. 

(a) 

The  arbitral  tribunal  shall  decide  according  to  the  rules  of  international  law  and,  in 

particular, those of the Convention! '•  / 

(b)  Any  arbitral tribunal  constituted under the provisions  of  this  Article  shall  draw  up  its  own 

rules of procedure. 

(c) 

In the event of  a dispute as to whether the arbitral tribunal  has jurisdiaion,  the matter shall 

be decided by the decision of the arbitral tribunal. 

7. 

(a) 

The  decisions  of  the  arbitral  tribunal,  both  on procedure  and  on  substance,  shall  be  taken 

by majority voting of  its members. 

(b)  The  arbitral  tribunal  may  take  all  appropriate  measures  in  order  to  establish  the  facts.  It 

may,  at  the  request  of  one  of  the  parties,  recommend  essential  interim  measures  of 

proteaion.  " . • • . ' ," 

38 

(c) 

If  two or  more arbitral  tribunals  constituted  under  the provisions  of  this  Article are seized 
of requests with identical or similar subjects, they may inform  themselves of the procedures 
for  establishing the facts  and take them into account as far  as possible. 

(d)  The parties to the dispute shall provide all facilities  necessary  for  the  effective  condua  of 

the proceedings. 

(e) 

The  absence  or  default  of  a party  to  the dispute  shall  not  constitute  an  impediment  to  the 

proceedings. 

8. 

Unless  the  arbitral  tribunal  determines  otherwise  because  of  the  particular  circumstances  of  the 

case,  the  expenses  of  the  tribunal,  including  the  remuneration  of  its  members,  shall  be  borne  by  the 

parties  to  the  dispute  in  equal  shares.  The  tribunal  shall  keep  a  record  of  all  its  expenses,  and  shall 

furnish  a final  statement thereof to the parties. 

9. 

Any  Contraaing  Party that has an  interest  of  a legal  nature in  the  subject  matter  of  the dispute 

which may be affeaed  by the decision in the case, may intervene in the proceedings with the consent of 

the tribunal. 

10. 

(a) 

The award  of the arbitnl  tribunal shall be accompanied  by  a statement  of  reasons. It shall 

be final and binding upon the parties to the dispute. 

(b)  Any dispute which may arise between the parties concerning the interpretation  or  execution 

of  the  award  may  be  submitted  by  either  party  to  the  arbitral  tribunal  which  made  the 

award or,  if the latter cannot be seized thereof,  to  another  arbitral  tribunal  constituted  for 

this purpose in the same manner as the first. 

2>â 

ARTICLE 33 
DUTIES OF THE DEPOSITARY GOVERNMENT 

The  Depositary  Government  shall  inform  the  Contracting  Parties  and  the  signatories  to  the 

Convention: 

(a) 

of  the  deposit  of  instruments  of  ratification,  acceptance,  approval  or  accession,  of 
declarations  of  non-acceptance  and  of  notifications  of  withdrawal  in  accordance  with 
Articles 26, 27 and 30; 

(b) 

of the date on which the Convention comes into force  in accordance with Article 29; 

(c) 

of  the  receipt  of  notifications  of  acceptance,  of  the  deposit  of  instruments  of  ratification, 
acceptance,  approval  or  accession  and  of  the  entry  into  force  of  amendments  to  thw 
Convention and of the adoption and amendment of Annexes or Appendices,  in  accordance 
with Articles  15,  16,  17, 18 and 19.. 

ARTICLE 34 
ORIGINAL TEXT 

The  original  of  the Convention,  of which the French  and English  texts  shall  be equally  authentic,  shall 
be deposited with the Government of the French Republic which shall send certified  copies thereof to the 
Contracting  Parties  and  the  signatories  to  the  Convention  and  shall  deposit  a certified  copy  with  the 
Secretary  General  of the United  Nations  for  registration  and  publication  in accordance with  Article  10r 
of the United Nations Charter. 

IN  WITNESS  WHEREOF,  the  undersigned,  being  duly  authorised  by  their  respective 

Governments, have signed this Convention. 

DONE at Paris, on the twenty-second  day of September  1992 

Uo 

ANNEX I 
ON THE PREVENTION AND ELIMINATION OF POLLUTION 
FROM LAND-BASED SOURCES 

ARTICLE 1 

When adopting programmes and measures for the purpose of this Annex, the Contraaing  Parties 

1. 
shall require,  either individually or jointly, the use of 

- 

best available techniques for point'sources 
best environmental practice for point and diffuse  sources 

including, where appropriate, clean technology. 

-> 

• 

2. 

When setting  priorities  and in assessing the nature and  extent  of  the programmes  and  measures 

and their time scales, the Contracting Parties shall use the criteria given in Appendix 2. 

3. 

The Contraaing  Parties  shall take preventive measures to minimise the risk of pollution caused 

by accidents. 

4. 

When adopting programmes and measures in relation to radioactive substances,  including waste, 

the Contracting Parties shall also take account  of: 

(a) 

me recommendations of me other appropriate international organisations and agencies; 

(b) 

the  monitoring  procedures  recommended  by  these  international  organisations  and 

agencies. 

MA 

ARTICLE 2 

1. 

Point source  discharges  to the maritime area, and releases  into water  or  air which  reach and may 

affect  the  maritime  area,  shall  be  stricdy  subject  to  authorisation  or  regulation  by  the  competent 

authorities  of  the  Contracting  Parties.  Such  authorisation or  regulation  shall,  in  particular,  implement 

relevant decisions  of  the Commission which bind the relevant Contracting  Party. 

2. 

The  Contracting  Parties  shall  provide  for  a system  of  regular  monitoring  and  inspection  by  their 

competent  authorities  to  assess  compliance  with  authorisations  and  regulations  of  releases  into  water  or 

air. 

For the purposes  of  this Annex,  it shall,  inter alia,  be the duty of the Commission to draw up: 

ARTICLE 3 

(a) 

plans for the reduction and phasing out of substances  that are  toxic,  persistent  and liable 

to bioaccumulate arising from land-based sources; 

(b) 

when  appropriate,  programmes  and  measures  for  the  reduction  of  inputs  of  nutrients 

from urban, municipal,  industrial,  agricultural  and other sources. 

1ft. 

ANNEXII 

ON THE PREVENTION AND ELIMINATION OF POLLUTION 

BY DUMPING OR INCINERATION 

ARTICLE 1 

This Annex shall not apply to any deliberate disposal in the maritime area of: 

(a)  wastes or other matter from offshore installations; 

(b) 

offshore installations and offshore pipelines. 

Incineration is prohibited. 

ARTICLE 2 

ÀRTICLE3 

1. 

The dumping of all wastes or other matter is prohibited, except for those wastes or other matter listed in 

paragraphs 2 and 3 of this Article. 

2. 

The list referred to in paragraph 1 of this Article is as follows: 

(a) 

dredged material; 

(b) 

inert  materials  of  natural  origin,  that  is  solid,  chemically  unprocessed  geological  material  the 

chemical constituents of which are unlikely to be releasedinto the marine environment; 

(c) 

• sewage sludge until 31st December 1998; 

(d)  fish  waste from industrial Gsh processing operations; 

(e) 

vessels or aircraft until, at the latest, 31st December 2004. 

Q3 

(a) 

The  dumping  of  low  and  intermediate  level  radioactive  substances,  including  wastes,  is 

prohibited. 

(b) 

As  an  exception  to  subparagraph  3(a)  of  this  Article,  those  Contracting  Parties,  the  United 

Kingdom  and France, who wish to retain the option of an exception to subparagraph 3(a)  in any 

case  not  before  the  expiry  of  a  period  of  15  years  from  1st January 1993,  shall  report  to  the 

meeting of the Commission  at Ministerial level  in  1997 on  the steps  taken  to  explore  alternative 

land-based options. 

(c) 

Unless,  at  or  before  the  expiry  of  this  period  of  15  years,  the  (Commission  decides  by  a 

unanimous  vote  not  to  continue  the  exception  provided  in  subparagraph  3(b),  it  shall  take  a 

decision  pursuant  to Article  13 of  the  Convention  on  the prolongation  for  a  period  of  10 years 

after  1st January 2008  of  the  prohibition,  after  which  another  meeting  of  the  Commission  at 

Ministerial  level  shall be  held.  Those  Contracting  Parties  mentioned  in  subparagraph  3(b)  o: 

this Article still wishing to retain the option  mentioned  in subparagraph 3(b)  shall  report  to  the 

Commission meetings  to be  held  at Ministerial  level  at two yearly  intervals  from  1999  onwards 

about  the progress  in establishing  alternative land-based  options  and  on  the  results  of  scientific 

studies which show that any potential dumping operations would  not result in hazards  to human 

health, harm to living resources or .marine ecosystems, damage to  amenities  or interference  with 

other legitimate uses of the sea. 

ARTICLE 4 

1. 

•  The  Contracting Parties shall ensure that: 

(a) 

no wastes or other matter listed in paragraph 2 of Article 3 of  this Annex shall be  dumped  without 

authorisation by their competent authorities, or regulation; 

(b) 

such  authorisation  or  regulation  is  in  accordance  with  the  relevant  applicable  criteria,  guidelines 

and procedures adopted by the Commission in accordance with Article 6 of this Annex; 

(c) 

with the aim of avoiding situations in which the same  dumping operation  is authorised  or  regulated 

by  more  than  one  Contracting  Party,  their  competent  authorities  shall,  as  appropriate,  consult 

before  granting an authorisation or applying regulation. 

UH 

2. 

Any authorisation or regulation under paragraph 1 of this Article shall not permit the dumping of vessels 

or aircraft  containing substances which result or are likely to result in hazards to human health, harm to living 

resources and marine ecosystems, damage to amenities or interference with other legitimate uses of the sea. 

3. 

Each Contracting Party shall keep, and report to the Commission records Of the nature and the quantities 

of wastes or  other matter dumped in accordance with paragraph 1 of this Article, and of  the dates, places and 

methods of dumping. 

ARTICLES 

No placement of matter in the maritime area.for a purpose other than that for which it was originally designed or 

constructed  shall  take  place  without  authorisation  or  regulation by  the  competent  authority  of  the  relevant 

Contracting Party. Such authorisation or regulation shall be in accordance with the relevant applicable criteria, 

guidelines and procedures adopted by the Commission in accordance with Article 6 of this Annex.  This provision 

shall not be taken to permit the dumping of wastes or other matter otherwise prohibited under this Annex. 

ARTICLE 6 

For the purposes of this Annex, it shall, inter alia,  be the duty of the Commission to draw up and adopt criteria, 

guidelines  and procedures relating to the dumping of wastes or other matter listed in paragraph 2  of Article 3, 

and to the placement  of matter referred to in Article 5, of this Annex, with a view to preventing and eliminating 

pollution. 

^ 

ARTICLE7 

The provisions of this Annex concerning dumping shall not apply in case of force majeure,  due to stress of weather 

or any other cause, when the safety of human life or of a vessel or aircraft is threatened. Such dumping shall be so 

conducted as to minimise the likelihood of damage to human or marine life and shall immediately be reported to 

the Commission, together with full details of the circumstances and of the nature and quantities of the wastes or 

other matter dumped. 

.Uf 

ARTICLE 8 

The  Contracting  Parties  shall  take  appropriate  measures,  both  individually  and  within  relevant  international 

organisations, to  prevent  and eliminate  pollution resulting from the  abandonment  of  vessels  or aircraft  in the 

maritime area caused by accidents.  In the absence of relevant guidance from such international  organisations, 

the measures taken by individual Contracting Parties should be based on such guidelines as the Commission may 

adopt. 

ARTICLE 9 

In an emergency, if a Contracting Party considers that wastes or other matter the dumping of which is prohibited 

under this Annex cannot be disposed of on land without unacceptable danger or damage, it shall forthwith consult 

other Contracting Parties with a view to finding the most satisfactory methods of storage or the most satisfactory 

means  of  destruction  or disposal  under the prevailing  circumstances. The  Contracting  Party shall  inform the 

Commission of the steps adopted following this consultation. The Contracting Parties pledge themselves to assist 

one another in such situations. 

Cfb 

ARTICLE 10 

1. 

Each Contracting Party shall ensure compliance with the provisions of this Annex: 

(a) 

by vessels or aircraft  registered in its territory; 

(b) 

by vessels or aircraft  loading in its territory the wastes or other  matter  which are to be dumped  or 

incinerated; 

(c) 

by vessels or aircraft believed to be engaged in dumping or incineration within its internal waters or 

within  its  territorial  sea  or  within  that  part  of  the  sea  beyond  and  adjacent  to  the  territorial  sea 

Under the jurisdiction of the coastal state to the extent recognised by international law. 

2. 

Each Contracting Party shall issue instructions to its maritime inspection vessels and aircraft  and to other 

appropriate services to report to its authorities any incidents, or conditions in the maritime area which give rise to 

suspicions that dumping in contravention of  the  provisions of  the  present Annex  has occurred  or is  about  to 

occur.  Any  Contracting  Party  whose  authorities  receive  such  a  report  shall,  if  it  considers  it  appropriate, 

accordingly inform  any other Contracting Party concerned. 

3. 

Nothing in this Annex shall  abridge  the sovereign  immunity to  which  certain  vessels  are  entitled  under 

international law. 

<t'Y 

ANNEX III 

ON THE PREVENTION AND ELIMINATION 

OF  POLLUTION FROM OFFSHORE SOURCES 

ARTICLE 1 

This Annex shall not  apply to any deliberate  disposal in the maritime area of: 

(a) 

wastes or other matter  from vessels or aircraft; 

(b) 

vessels or  aircraft. 

ARTICLE 2 

L  -  When  adopting  programmes  and  measures  for  the  purpose  of  this Annex,  the  Contracting  Parties  shall 

require, either individually or jointly, the use  of: 

(a) 

best  available  techniques 

(b) 

best environmental  practice 

including, where appropriate, clean technology. 

2. 

When setting priorities and in assessing the nature and extent  of  the programmes  and measures  and  their 

time'scales, the Contracting Parties shall use the criteria given in Appendix 2. 

ARTICLE 3 

1. 

Any dumping of wastes or other matter from offshore  installations is prohibited. 

2. 

This prohibition does not relate to discharges or emissions from offshore  sources. 

kS 

ARTICLE 4 

1. 

The use on, or the discharge or emission from, offshore sources of substances which may reach and affect 

the  maritime  area  shall  be  strictly  subject  to  authorisation or  regulation  by  the  competent  authorities  of  the 

Contracting  Parties.  Such  authorisation  or  regulation shall,  in  particular,  implement  the  relevant  applicable 

decisions, recommendations and all other agreements adopted under the Convention. 

2. 

The  competent  authorities  of  the  Contracting  Parties  shall  provide  for  a  system  of  monitoring  and 

inspection to assess compliance with authorisation or regulation as provided for in paragraph  1 of Article 4 of this 

Annex. 

v 

ARTICLE 5 

L 

No  disused  offshore  installation  or disused offshore  pipeline  shall be  dumped  and  no  disused  offshore 

installation shall be left  wholly or  partly in place in the maritime area without  a permit  issued by the competent 

authority of  the relevant Contracting Party on a case-by-case basis.  The Contracting Parties shall  ensure that 

their  authorities,  when  granting  such  permits,  shall 

implement  the  relevant  applicable  decisions, 

recommendations and all other agreements adopted under the Convention. 

2. 

No  such permit shall be  issued if the disused offshore  installation or disused offshore  pipeline  contains 

substances which result or are likely to result in hazards to human health, harm to living resources and marine 

ecosystems, damage to amenities or interference with other legitimate uses of the sea. 

3. 

Any Contracting Party which intends to take the decision to issue a permit for the dumping of  a disused 

offshore  installation  or  a  disused  offshore  pipeline  placed  in  the  maritime  area  after  1st January 1998  shall, 

through  the  medium  of the Commission,  inform  the other  Contracting  Parties  of  its reasons  for accepting such 

dumping, in order to make consultation possible. 

4. 

Each  Contracting  Party  shall  keep,  and  report  to  the  Commission,  records'of  the  disused  offshore 

installations  and  disused  offshore  pipelines  dumped  and of  the  disused  offshore  installations  left  in  place  in 

accordance with the provisions of this Article, and of the dates, places and methods of dumping. 

M 

ARTICLE 6 

Articles 3 and 5 of this Annex shall not apply in case of force majeure, due to stress of weather  or any other cause, 

when the safety of human life or of  an offshore  installation is threatened.  Such dumping shall be so conducted  as 

to  minimise  the  likelihood  of  damage  to  human  or  marine  life  and  shall  immediately  be  reported  to  the 

Commission,  together  with  full  details  of  the  circumstances  and  of  the  nature  and  quantities  of  the  matter 

dumped. 

ARTICLE 7 

The  Contracting  Parties  shall  take  appropriate  measures,  both  individually  and  within  relevant  international 

organisations, to  prevent  and eliminate pollution  resulting from  the  abandonment  of  offshore  installations  in  the 

maritime  area  caused  by accidents.  In the  absence  of  relevant  guidance  from  such  international  organisations, 

the measures  taken by individual  Contracting Parties should be based on such guidelines  as the  Commission  may 

adopt. 

ARTICLE 8 

No placement of  a disused offshore  installation or a disused offshore  pipeline  in the  maritime  area for  a purpose 

other  than  that  for  which  it  was  originally  designed  or  constructed  shall  take  place  without  authorisation  or 

regulation by the competent authority of the relevant Contracting Party.  Such authorisation or regulation shall be 

in  accordance  with  the  relevant  applicable  criteria,  guidelines  and  procedures  adopted  by  the  Commission  in 

accordance  with  subparagraph  (d)  of  Article  10 of  this Annex.  This  provision  shall  not  be  taken  to  permit  the 

dumping  of  disused  offshore  installations  or disused  offshore  pipelines  in  contravention  of  the  provisions  of  this 

Annex. 

ARTICLE 9 

1. 

Each  Contracting Party shall issue instructions to its maritime inspection  vessels  and aircraft  and to other 

appropriate services to report to its authorities any incidents or conditions in the maritime  area which give rise to 

suspicions  that  a  contravention  of  the  provisions  of  the  present Annex  has  occurred  or  is  about  to  occur.  Any 

Contracting  Party whose  authorities  receive  such  a report  shall, if  it  considers  it  appropriate,  accordingly  inform 

any other Contracting Party concerned. 

2. 

Nothing  in  this  Annex  shall  abridge  the  sovereign  immunity  to  which  certain  vessels  are  entitled  under 

international law. 

rn 

ARTICLE 10 

For the purposes of this Annex, it shall, inter alia, be the duty of the Commission: 

(a) 

to collect  information  about substances which are used in offshore  activities and, on the basis of 

that information, to agree lists of substances for the purposes of  paragraph  1 of Article 4  of  this 

Annex; 

(b) 

to list substances which are toxic, persistent and liable to bioaccumulate  and to draw up plans for 

the reduction and phasing out of their use on, or discharge from, offshore sources; 

(c) 

to  draw up criteria, guidelines  and procedures  for  the  prevention  of  pollution from dumping of 

disused offshore installations and of disused offshore pipelines, and the leaving in place of offshore 

installations, in the maritime area; 

(d) 

to  draw  up  criteria,  guidelines  and  procedures  relating  to  the  placement  of  disused  offshore 

installations and disused offshore  pipelines referred  to in Article 8  of  this Annex, with a view to 

preventing and eliminating pollution. 

*s<\ 

ANNEX IV 

ON THE ASSESSMENT 

OF THE QUALITY OF THE MARINE ENVIRONMENT 

1. 

For the purposes of this Annex "monitoring" means the repeated measurement  of: 

ARTICLE 1 

(a) 

the quality of the marine environment  and each of its compartments, that  is, Water, sediments and 

biota; 

(b) 

activities  or. natural  and  anthropogenic  inputs  which  may  affect  the  quality  of  the  marine 

environment; 

(c) 

the effects of such activities and inputs. 

2. 

Monitoring may be undertaken either for the purposes of ensuring compliance with the Convention, with 

the objective of identifying patterns and trends or for research purposes. 

For the purposes of this Annex, the Contracting Parties shall: 

ARTÏCLE 2 

(a) 

cooperate  in  carrying  out  monitoring  programmes  and  submit  the  resulting  data  to  the 

Commission; 

(b) 

comply with quality assurance prescriptions and participate in intercalibration exercises; 

(c) 

use and develop, individually or preferably joindy, other  duly validated  scientific  assessment tools, 

such as modelling, remote sensing and progressive risk assessment strategies; 

^^ 

(d) 

carry out,  individually  or preferably jointly,  research  which  is  considered  necessary  to  assess the 

quality of the marine  environment, and to increase knowledge  and scientific  understanding of the 

marine  environment  and,  in  particular,  of  the  relationship  between  inputs,  concentration  and 

effects; 

(e) 

take into account scientific progress which is considered to be useful for such assessment purposes 

and which has been made elsewhere either on the initiative of individual researchers and research 

institutions,  or  through  other  national  and  international  research  programmes  .or  under  the 

auspices  of  the  European  Economic  Community  or  other  regional,  economic  integration 

organisations. 

For the purposes of this Annex, it shall,' inter alia, be the duty of the Commission: 

ARTICLE3 

(a) 

to define and implement programmes of collaborative monitoring and assessment-related research, 

to  draw up  codes  of  practice  for  the  guidance  of  participants  in  carrying  out  these  monitoring 

programmes and to approve the presentation and interpretation of their results; 

(b) 

to carry out assessments taking into account the results of relevant  monitoring  and research and 

the data relating to inputs of substances or energy into the maritime  area which  are provided by 

virtue of other Annexes to the Convention, as well as other relevant information; 

(c) 

to seek, where appropriate, the advice or services  of competent regional  organisations  and other 

competent international organisations and competent bodies with a view to incorporating the latest 

results of scientific research; 

(d) 

to  cooperate  with  competent  regional  organisations  and  other  competent 

international 

organisations m carrying out quality status assessments. 

^3 

APPENDIX 1 

CRITERIA FOR THE DEFINITION OF PRACTICES 

AND TECHNIQUES MENTIONED IN PARAGRAPH 3(b)(1) 

OF ARTICLE 2 OF THE CONVENTION 

BEST AVAILABLE TECHNIQUES 

1. 

The use of the best available techniques shall emphasise the use of non-waste technology, if available. 

2. 

The term "best available techniques* means the latest stage of development (state of the art) of processes, 

of facilities  or of methods of operation which indicate the practical suitability of a particular  measure for  limiting 

discharges, emissions and waste. In determining whether a set  of processes, facilities  and  methods of  operation 

Constitute the best available techniques in general or individual cases, special consideration shall be given to: 

(a) 

comparable  processes,  facilities  or  methods  of  operation  which  have  recently  been  successfully 

tried out; 

(b) 

technological advances and changes insaentific knowledge and understanding; 

(c) 

the economic feasibility of such techniques; 

(d) 

time limits for installation in both new and existing plants; 

'  (e) 

the nature and volume of the discharges and emissions concerned. 

3. 

It therefore follows that what is "best available techniques" for a particular process will change with time in 

the  light  of  technological  advances, economic and social factors,  as well as changes in scientific  knowledge and 

understanding. 

^ 

4. 

If the reduction of discharges and emissions resulting from the use of best  available  techniques  does not 

lead to environmentally acceptable results, additional measures have to be applied. 

5. 

"Techniques* include both the  technology used and the way in which the  installation  is  designed,  built, 

maintained, operated and dismantled. 

BEST ENVIRONMENTAL PRACTICE 

, 

6. 

The  term  "best  enyironmeotal  practice" means  the  application  of  the  most  appropriate  combination  of 

environmental control measures and strategies. In making a selection for individual cases, at least  the  following 

graduated range of measures should be considered: 

(a) 

the  provision of  information  and education  to  the  public  and  to  users  about  the  environmental 

consequences  of  choice  of  particular  activities  and  choice  of  products,  their  use  and  ultimate 

disposal; 

(b) 

the development and application of codes of good environmental practice which covers all aspect of 

the activity in the product's life; 

(c) 

the mandatory application of labels informing users of environmental risks related to a product, its 

use and ultimate disposal; 

(d) 

saving: resources, including energy-

(c)  making collection and disposal systems available to the public; 

(f) 

avoiding the use of hazardous substances or products and the generation of hazardous waste; 

(g) 

recycling, recovery and re-use; 

(h) 

the application of economic instruments to activities, products or groups of products; 

(i) 

establishing a systemof licensing, involving a range of restrictions or a ban. 

rr 

7. 

In  determining  what  combination  of  measures  constitute  best  environmental  practice,  in  general  or 

individual cases, particular consideration should be given to: -

(a) 

the environmental hazard of the product and its production, use and ultimate disposal; 

(b) 

the substitution by less polluting activities or substances; 

(c) 

the scale of use; 

(d) 

the potential environmental benefit or penalty of substitute materials  or activities; 

(e) 

'  advances and changes in scientific knowledge and understanding; 

(f) 

time limits for implementation; 

(g) 

social and economic implications. 

8. 

It therefore follows that best environmental practice for a particular source will change with time in the 

light  of  technological  advances,  economic  and social  factors,  as  well  as  changes  in  scientific  knowledge  and 

understanding. 

9. 

If  the  reduction  of  inputs  resulting  from  the  use  of  best  environmental  practice  does  not  lead  to 

environmentally  acceptable  results,  additional  measures  have  to  be  applied  and  best  environmental  practice 

redefined. 

çé 

APPENDIX 2 

CRITERIA MENTIONED IN PARAGRAPH 2 OF ARTICLE 1 OF ANNEX I 

AND IN PARAGRAPH 2 OF ARTICLE 2 OF ANNEX III 

1.  When setting priorities and in assessing the nature and extent of the programmes and measures and their 

time scales, the Contracting Parties shall use the criteria given below: 

(a) 

persistency, 

(b) 

toxicity or other noxious properties; 

(c) 

tendency to bioaccumulation; 

(d) 

radioactivity; 

(e) 

the ratio between observed or (where the results of observations are not yet available)  prediaed 

concentrations and no observed effect concentrations; 

(f) 

anthropogenicaDy caused risk of eutrophication; 

(g) 

transboundary significance; 

(h)  risk  of undesirable changes in the marine ecosystem and irreversibility or durability of effects; 

(i) 

interference with harvesting of sea-foods or with other legitimate uses of the sea; 

(j) 

effects  on the taste and/or  smell of products for human consumption  from  the sea, or effects on 

smell, colour, transparency or other characteristics of the water in the marine environment; 

(k) 

distribution  pattern  (i.e.,  quantities  involved,  use  pattern  and  liability  to  reach  the  marine 

environment); 

(1) 

non-fulfilment  of environmental quality objectives. 

2. 

These  criteria  are not  necessarily of equal importante for the consideration  of  a particular substance or 

group of substances. 

ST-

3. 

The above criteria indicate that substances which shall be subjea  to programmes and measures  include: 

(a) 

heavy metals and their compounds; 

(b) 

organohalogen  compounds  (and  substances  which  may  form  such  compounds  in  the  marine 

environment); 

(c) 

organic compounds of phosphorus and silicon; 

(d) 

biocides such as pesticides, fungicides,  herbicides, insecticides, slimicides and chemicals  used, inter 

alia, for the preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles; 

(e) 

oils and hydrocarbons of petroleum origin; 

(f) 

nitrogen and phosphorus compounds; 

(g) 

radioactive substances, including wastes; 

(h) 

persistent synthetic materials which may float, remain in suspension or sink. 

^8 

ISSN 0254-1475 

COM (94) 660 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-94-686-EN-C 

ISBN 92-77-84079-X 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

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