ARTICLE 16
SETTLEMENT OF DISPUTES
1 Any disputes regarding the interpretation or appllcation of this Protocol shall be resolved in the first instance through negotiation, mediation or conciliation, or other peaceful means chosen by parties to the dispute.
2 If no resolution is possible within twelve months after one Contracting Party has notified another that a dispute exists between them, the dispute shall be settled, at the request of a parry to the dispute, by means of the Arbitral Procedure set forth in Annex 3, unless the parties to the dispute agree to use one of the procedures listed in paragraph 1 of Article 287 of the 1982 United Nations Convention on the Law of the Sea. The parties to the dispute may so agree, whether or not they are also States Parties to the 1982 United Nations Convention on the Law of the Sea.
3 In the event an agreement to use one of the procedures listed in paragraph 1 of Article 287 of the 1982 United Nations Convention on the Law of the Sea is reached, the provisions set forth m Part XV of that Convention that are related to the chosen procedure would also apply, mutatis mutandis.
4 The twelve month period referred to in paragraph 2 may be extended for anther twelve months by mutual consent of the parties concerned.
5 Notwithstanding paragraph 2, any State may, at the time it expresses its consent to be bound by this Protocol, notify the Secretary-General that, when it is a party to a dispute about the interpretation or application of article 3.1 or 3.2, its consent will be required before the dispute may be settled by means of the Arbitral Procedure set forth in Annex 3.
ARTICLE 17
INTERNATIONAL CO-OPERATION
Contracting Parties shall promote the objectives of this Protocol within the competent international organizations.
ARTICLE 18
MEETINGS OF CONTRACTING PARTIES
1 Meetings of Contracting Parties or Special Meetings of Contracting Parties shall keep under continuing review the implementation of this Protocol and evaluate its effectiveness with a view to identifying means of strengthening action, where necessary, to prevent, reduce and where practicable eliminate pollution caused by dumping and incineration at sea of wastes or other matter. To these ends, Meetings of Contracting Parties or Special Meetings of Contracting Parties may:
.1 review and adopt amendments to this Protocol in accordance with articles 21 and 22;
.2 establish subsidiary bodies, as required, to consider any matter with a view to facilitating the effective implementation of this Prolocol;
.3 invite appropriate expert bodies to advise the Contracting Parties or the Organization on matters relevant to this Protocol;
.4 promote co-operation with competent international organizations concerned with the prevention and control or pollution;
.5 consider the information made available pursuant to article 9.4;
.6 develop or adopt, in consultation with competent international organizations, procedures referred to in article 8.2, including basic criteria for determining exceptional and emergency situations, and procedures for consultative advice and the safe disposal of matter at sea in such circumstances;
.7 consider and adopt resolutions; and
.8 consider any additional action that may be required.
2 The Contracting Parties at their first Meeting shall establish rules of procedure as necessary.
ARTICLE 19
DUTIES OF THE ORGANIZATION
1 The Organization shall be responsible for Secretariat duties in relation to this Protocol. Any Contracting Party to this Protocol not being a member of this Organization shall make an appropriate contribution to the expenses incurred by the Organization in performing these duties.
2 Secretariat duties necessary for the administration of this Protocol include:
.1 convening Meetings of Contracting Parties once per year, unless otherwise decided by Contracting Parties, and Special Meetings of Contracting Parties at any time on the request of two-thirds of the Contracting Parties;
.2 providing advice on request on the implementation of this Protocol and on guidance and procedures developed thereunder;
.3 considering enquiries by, and information from Contracting Parties, consulting with them and with the competent international organizations, and providing recommendations to Contracting Parties on questions related to, but not specifically covered by, this Protocol;
.4 preparing and assisting, in consultation with Contracting Parties and the competent international organizations, in the development and implementation of procedures referred to in article 18.6.;
.5 conveying to the Contracting Parties concerned all notifications received by the Organization in accordance with this Protocol; and
.6 preparing, every two years, a budget and a financial account for the administration of this Protocol which shall be distributed to all Contracting Parties.
3 The Organization shall, subject to the availability of adequate resources, in addition to the requirements set out in article 13.2.3.
.1 collaborate in assessments of the state of the marine environment; and
.2 co-operate with competent international organization concerned with the prevention and control of pollution.
ARTICLE 20
ANNEXES
Annexes to this Protocol form an integral part of this Protocol.
ARTICLE 21
AMENDMENT OF THE PROTOCOL
1 Any Contracting Party may propose amendments to the articles of this Protocol. The text of a proposed amendment shall be communicated to Contracting Parties by the Organization at least six months prior to its consideration at a Meeting of Contracting Parties or a Special Meeting of Contracting Parties.
2 Amendments to the articles of this Protocol shall be adopted by a two-thirds majority vote of the Contracting Parties which are present and voting at the Meeting of Contracting Parties or Special Meeting of Contracting Parties designated for this purpose.
3 An amendment shall enter into force for the Contracting Parties which have accepted it on the sixtieth day after two-thirds of the Contracting Parties shall have deposited an instrument of acceptance of the amendment with the Organization. Thereafter the amendment shall enter into force for any other Contracting Party on the sixtieth day after the date on which that Contracting Party has deposited its instrument of acceptance of the amendment.
4 The Secretary-General shall inform Contracting Parties of any amendments adopted at Meetings of Contracting Parties and of the date on which such amendments enter into force generally and for each Contracting Party.
5 After entry into force or an amendment to this Protocol, any State that becomes a Contracting Party to this Protocol shall become a Ccntracting Party to this Protocol as amended. unless two-thirds of the Contracting Parties present and voting at the Meeting or Special Meeting of Contracting Parties adopting the amendment agree otherwise.
ARTICLE 22
AMENDMENT OF THE ANNEXES
1 Any Contracting Party may propose amendments to the Annexes to this Protocol. The text of a proposed amendment shall be communicated to Contracting Parties by the Organization at least six months prior to its consideration by a Meeting of Contracting Parties or Special Meeting of Contracting Parties.
2 Amendments to the Annexes other than Annex 3 will be based on scientific or technical considerations and may take into account legal, social and economic factors as appropriate. Such amendments shall be adopted by a two-thirds majority vote of the Contracting Parties present and voting at a Meeting of Contracting Parties or Special Meeting of Contracting Parties designated for this Purpose.
3 The Organization shall without delay communicate to Contracting Parties amendments to the Annexes that have been adopted at a Meeting of Contracting Parties or Special Meeting of Contracting Parties.
4 Except as provided in paragraph 7, amendments to the Annexes shall enter into force for each Contracting Party immediately on notification of its acceptance to the Organization or 100 days after the date of their adoption at a Meeting of Contracting Parties, if that is later, except for those Contracting Parties which before the end of the 100 days make a declaration that they are not able to accept the amendment at that time. A Contracting Party may at any time substitute an acceptance for a previous declaration of objection and the amendment previously objected to shall thereupon enter into force for that Contracting Party.
5 The Secretary-General shall without delay notify Contracting Parties of instruments of acceptance or objection deposited with the Organization.
6 A new Annex or an amendment to an Annex which is related to an amendment to the articles of this Protocol shall not enter into force until such time as the amendment to the articles of this Protocol enters into force.
7 With regard to amendments to Annex 3 concerning the Arbitral Procedure and with regard to the adoption and entry into force of new Annexes the procedures on amendments to the articles of this Protocol shall apply.
ARTICLE 23
RELATIONSHIP BETWEEN THE PROTOCOL AND THE CONVENTION
This Protocol will supersede the Convention as between Contracting Parties to this Protocol which are also Parties to the Convention.
ARTICLE 24
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
1 This Protocol shall be open for signature by any State at the Headquarters of the Organization from 1 April 1997 to 31 March 1998 and shall thereafter remain open for accession by any State.
2 States may become Contracting Parties to this Protocol by:
.1 signature not subject to ratification, acceptance or approval; or
.2 signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
.3 accession.
3 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
ARTICLE 25
ENTRY INTO FORCE
1 This Protocol shall enter into force on the thirtieth day following the date on which:
.1 at least 26 States have expressed their consent to be bound by this Protocol in accordance with article 24; and
.2 at least 15 Contracting Parties to the Convention are included in the number of States referred to in paragraph 1.1.
2 For each State that has expressed its consent to be bound by this Protocol in accordance with article 24 following the date referred to in paragraph 1, this Protocol shall enter into force on the thirtieth day after the date on which such State expressed its consent.
ARTICLE 26
TRANSITIONAL PERIOD
1 Any State that was not a Contracting Party to the Convention before 31 December 1996 and that expresses its consent to be bound by this Protocol prior to its entry into force or within five years after its entry into force may, at the time it expresses its consent, notify the Secretary-General that, for reasons described in the notification, it will not be able to comply with specific provisions of this Protocol other than those provided in paragraph 2, for a transitional period that shall not exceed that described in paragraph 4.
2 No notification made under paragraph 1 shall affect the obligations of a Contracting Party to this Protocol with respect to incineration at sea or the dumping of radioactive wastes or other radioactive matter.
3 Any Contracting Party to this Protocol that has notified the Secretary-General under paragraph 1 that, for the specified transitional period, it will not be able to comply, in part or in whole. with article 4, 1 or article 9 shall nonetheless during that period prohibit the dumping of wastes or other matter for which it has not issued a permit, use its best efforts to adopt administrative or legislative measures to ensure that issuance of permits and permit conditions comply with the provisions of Annex 2, and notify the Secretary-General of any permits issued.
4 Any transitional period specified in a notification made under paragraph 1 shall not extend beyond five years after such notification is submitted.
5 Contracting Parties that have made a notification under paragraph 1 shall submit to the first Meeting of contracting Parties occurring after deposit of their instrument of ratification, acceptance, approval or accession a programme and timetable to achieve full compliance with this Protocol, together with any requests for relevant technical co-operation and assistance in accordance with article 13 of this Protocol.
6 Contracting Parties that have made a notification under paragraph 1 shall establish procedures and mechanisms for the transitional period to implement and monitor submitted programmes designed to achieve full compliance with this Protocol. A report on progress toward compliance shall be submitted by such Contracting Parties to each Meeting of Contracting Parties held during their transitional period for appropriate action.
ARTICLE 27
WITHDRAWAL
1 Any Contracting Party may withdraw from this Protocol at any time after the expiry of two years from the date on which this Protocol enters into force for that Contracting Party.
2 Withdrawal shall be effected by the deposit of an instrument of withdrawal with the Secretary General.
3 A withdrawal shall take effect one year after receipt by the Secretary-General of the instrument of withdrawal or such longer period as may be specified in that instrument.
ARTICLE 28
DEPOSITARY
1 This Protocol shall be deposited with the Secretary General.
2 In addition to the functions specified in articles 10.5, 16.5, 21.4, 22.5 and 26.5, the Secretary-General shall:
.1 inform all States which have signed this Protocol or acceded thereto of:
.1 each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
.2 the date of entry into force of this Protocol; and
.3 the deposit of any instrument of withdrawal from this Protocol together with the date on which it was received and the date on which the withdrawal takes effect.
.2 transmit certified copies of this Protocol to all States which have signed this Protocol or acceded thereto.
3 As soon as this Protocol enters into force, a certified true copy thereof shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE 29
AUTHENTIC TEXTS
This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective. Governments for that purpose have signed this Protocol.
DONE AT LONDON, this seventh day of November, one thousand nine hundred and ninety-six.
ANNEX 1
WASTES OR OTHER MATTER THAT MAY BE CONSIDERED FOR DUMPING
1 The following wastes or other matter are those that may be considered for dumping being mindful of the Objectives and General Obligations of this Protocol set out in articles 2 and 3:
.1 dredged material;
.2 sewage sludge;
.3 fish waste, or material resulting from industrial fish processing operations;
.4 vessels and platforms or other man-made structures at sea;
.5 inert inorganic geological material;
.6 organic material of natural origin; and
.7 bulky items primarily comprising iron, steel. concrete and similarly unharmful materials for which the concern is physical impact, and limited to those circumstances where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping.
2 The wastes or other matter listed in paragraphs 1.4 and 1.7 may be considered for dumping, provided that material capable of creating floating debris or otherwise contributing to pollution of the marine environment has been removed to the maximum extent and provided that the material dumped poses no serious obstacle to fishing or navigation.
3 Notwithstanding the above, materials listed in paragraphs 1.1 to 1.7 containing levels of radioactivity greater than de minimis (exempt) concentrations as defined by the IAEA and adopted by Contracting Parties. shall not be considered eligible for dumping; provided further that within 25 years of 20 February 1994, and at each 25 year interval thereafter, Contracting Parties shall complete a scientific study relating to all radioactive wastes and other radioactive matter other than high level wastes or matter, taking into account such other factors as Contracting Parties consider appropriate and shall review the prohibition on dumping of such substances in accordance with the procedures set forth in article 22.
ANNEX 2
ASSESSMENT OF WASTES OR OTHER MATTER THAT MAY BE CONSIDERED FOR DUMPING
GENERAL
1 The acceptance of dumping under certain circumstances shall not remove the obligations under this Annex to make further attempts to reduce the necessity for dumping.
WASTE PREVNTION AUDIT
2 The initial stages in assessing alternatives to dumping should, as appropriate, include an evaluation of:
.1 types, amounts and relative hazard of wastes generated;
.2 details of the production process and the sources of wastes within that process; and
.3 feasibility of the following waste reduction/prevention techniques:
.1 product reformulation;
.2 clean production technologies;
.3 process modification;
.4 input substitution; and
.5 on-site, closed-loop recycling.
3 In general terms, if the required audit reveals that opportunities exist for waste prevention at source, an applicant is expected to formulate and implement a waste prevention strategy, in collaboration with relevant local and national agencies, which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions shall assure compliance with any resulting waste reduction and prevention requirements.
4 For dredged material and sewage sludge, the goal of waste management should be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategies and requires collaboration between the relevant local and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land.
CONSIDERATION OF WASTE MANAGEMENT OPTIONS
5 Applications to dump wastes or other matter shall demonstrate that appropriate consideration has been given to the following hierarchy or waste management options, which implies an order of increasing environmental impact:
.1 re-use;
.2 off-site recycling;
.3 destruction of hazardous constituents;
.4 treatment to reduce or remove the hazardous constituents; and
.5 disposal on land, into air and in water.
6 A permit to dump wastes or other matter shall be refused if the permitting authority determines that appropriate opportunities exist to re-use, recycle or treat the waste without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal should be considered in the light of a comparative risk assessment involving both dumping and the alternatives.
CHEMICAL, PHYSICAL AND BIOLOGICAL PROPERTIES
7 A detailed description and characterization of the waste is an essential precondition for the consideration of alternatives and the basis for a decision as to whether a waste may be dumped. If a waste is so poorly characterized that proper assessment cannot be made of its potential impacts on human health and the environment, that waste shall not be dumped.
8 Characterization of the wastes and their constituents shall take into account:
.1 origin, total amount, form and average composition;
.2 properties: physical, chemical, biochemical and biologioal;
.3 toxicity;
.4 persistence: physical, chemical and biological; and
.5 accumulation and biotransformation in biological materials or sediments.
ACTION LIST
9 Each Contracting Party shall develop a national Action List to provide a mechanism for screening candidate wastes and their constituents on the basis of their potential effects on human health and the marine environment. In selecting substances for consideration in an Action List, priority shall be given to toxic, persistent and bioaccumulative substances from anthropogenic sources (e.g., cadmium, mercury, organohalogens, petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their by-products other than organohalogens). An Action List can also be used as a trigger mechanism for further waste prevention considerations.
10 An Action List shall specify an upper level and may also specify a lower level. The upper level should be set so as to avoid acute or chronic effects on human health or on sensitive marine organisms representative of the marine ecosystem. Application of an Action List will result in three possible categories of waste:
.1 wastes which contain specified substances, or which cause biological responses, exceeding the relevant upper level shall not be dumped, unless made acceptable for dumping through the use of management techniques or processes;
.2 wastes which contain specified substances, or which cause biological responses, below the relevant lower levels should be considered to be of little environmental concern in relation to dumping; and
.3 wastes which contain specified substances, or which cause biological responses, below the upper level but above the lower level require more detailed assessment before their suitability for dumping can be determined.
DUMP-SITE SELECTION
11 Information required to select a dump-site shall include:
.1 physical, chemical and biological characteristics of the water-column and the seabed;
.2 location of amenities, values and other uses of the sea in the area under consideration;
.3 assessment of the constituent fluxes associated with dumping in relation to existing fluxes of substances in the marine environment; and
.4 economic and operational feasibility.
ASSESSMENT OF POTENTIAL EFFECTS
12 Assessment of potential effects should lead to a concise statement of the expected consequences of the sea or land disposal options, i.e., the "Impact Hypothesis". It provides a basis for deciding whether to approve or reject the proposed disposal option and for defining environmental monitoring requirements.
13 The assessment for dumping should integrate information on waste characteristics, conditions at the proposed dump-site(s), fluxes, and proposed disposal techniques and specify the potential effects on human health, living resources, amenities and other legitimate uses of the sea. It should define the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions.
14 An analysis of each disposal option should be considered in the light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards, (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option then this option should not be considered further. In addition, if the interpretation of the comparative assessment shows the dumping option to be less preferable, a permit for dumping should not be given.
15 Each assessment should conclude with a statement supporting a decision to issue or refuse a permit for dumping.
MONITORING
16 Monitoring is used to verify that permit conditions are met - compliance monitoring - and that the assumptions made during the permit review and site selection process were correct and sufficient to protect the environment and human health - field monitoring. It is essential that such monitoring programmes have clearly defined objectives.
PERMIT AND PERMIT CONDITIONS
17 A decision to issue a permit should only be made if all impact evaluations are completed and the monitoring requirements are determined. The provisions of the permit shall ensure, as far as practicable, that environmental disturbance and detriment are minimized and the benefits maximized. Any permit issued shall contain data and information specifying:
.1 the types and sources of materials to be dumped;
.2 the location of the dump-site(s);
.3 the method of dumping; and
.4 monitoring and reporting requirements.
18 Permits should be reviewed at regular intervals, taking into account the results of monitoring and the objectives of monitoring programmes. Review of monitoring results will indicate whether field programmes need to be continued, revised or terminated and will contribute to informed decisions regarding the continuance, modification or revocation of permits. This provides an important feedback mechanism for the protection of human health and the marine environment.
ANNEX 3
ARBITRAL PROCEDURE
Article 1
1 An Arbitral Tribunal (hereinafter referred to as the "Tribunal") shall be established upon the request of a Contracting Party addressed to another Contracting Party in application of article 16 of this Protocol. The request for arbitration shall consist of a statement of the case together with any supporting documents.
2 The requesting Contracting Party shall inform the Secretary-General of:
.1 its request for arbitration; and
.2 the provisions of this Protocol the interpretation or application of which is, in its opinion, the subject of disagreement.
3 The Secretary General shall transmit this information to all Contracting States.
Article 2
1 The Tribunal shall consist of a single arbitrator if so agreed between the parties to the dispute within 30 days from the date of receipt of the request for arbitration.
2 In the case of the death, disability or default of the arbitrator, the parties to a dispute may agree upon a replacement within 30 days of such death, disability or default.
Article 3
1 Where the parties to a dispute do not agree upon a Tribunal in accordance with article 2 of this Annex, the Tribunal shall consist of three members:
.1 one arbitrator nominated by each party to the dispute; and
.2 a third arbitrator who shall be nominated by agreement between the two first named and who shall act as its Chairman.
2 If the Chairman of a Tribunal is nor nominated within 30 days of nomination of the second arbitrator, the parties to a dispute shall, upon the request of one party, submit to the Secretary-General within a further period of 30 days an agreed list of qualified persons. The Secretary-General shall select the Chairman from such list as soon as possible. He shall not select a Chairman who is or has been a national or one party to the dispute except with the consent of the other party to the dispute.
3 If one party to a dispute fails to nominate an arbitrator as provided in paragraph 1.1 within 60 days from the date or receipt or the request for arbitration, the other party may request the submission to the Secretary-General within a period of 30 days of an agreed list of qualified persons. The Secretary-General shall select the Chairman of the Tribunal from such list as soon as possible. The Chairman shall then request the party which has not nominated an arbitrator to do so. If this party does not nominate an arbitrator within 15 days of such request, the Secretary-Ceneral shall, upon request of the Chairman, nominate the arbitrator from the agreed list of qualified persons.
4 In the case of the death, disability or default of an arbitrator, the party to the dispute who nominated him shall nominate a replacement within 30 days of such death, disability or default. If the party does not nominate a replacement, the arbitration shall proceed with the remaining arbitrators. In the case of the death, disability or default of the Chairman, a replacement shall be nominated in accordance with the provision of paragraphs 1.2 and 2 within 90 days of such deatg, disability or default.
5 A list of arbitrators shall be maintained by the Secretary-General and composed of qualified persons nominated by the Contracting Parties. Each Contracting Party may designate for inclusion in the list four persons who shall not necessarily be its nationals. If the parties to the dispute have failed within the specified time limits to submit to the Secretary-General an agreed list of qualified persons as prcvided for in paragraphs 2, 3 and 4, the Secretary-General shall select from the list maintained by him the arbitrator or arbitrators not yet nominated.
Article 4
The Tribunal may hear and determine counter-claims arising directly out of the subject matter of the dispute.
Article 5
Each party to the dispute shall be responsible for the costs entailed by the preparation of its own case. The remuneration of the members of the Tribunal and of all general expenses incurred by the arbitration shall be borne equally by the parties to the dispute. The Tribunal shall keep a record of all its expenses and shall furnish a final statement thereof to the parties.
Article 6
Any Contracting Party which has an interest of a legal nature which may be affected by the decision in the case may, after giving written notice to the parties to the dispute which have originally initiated the procedure, intervene in the arbitration procedure with the consent of the Tribunal and at its own expense. Any such intervenor shall have the right to present evidence, briefs and oral argument on the matters giving rise to its intervention, in accordance with procedures established pursuant to article 7 of this Annex, but shall have no rights with respect to the composition of the Tribunal.
Article 7
A Tribunal established under the provisions of this Annex shall decide its own rules of procedure.
Article 8
1 Unless a Tribunal consists of a single arbitrator, decisions of the Tribunal as to its procedure, its place of meeting, and any question related to the dispute laid before it, shall be taken by majority vote of its members. However, the absence or abstention of any member of the Tribunal who was nominated by a party to the dispute shall not constitute an impediment to the Tribunal reaching a decision. In case of equal voting, the vote of the Chairman shall be decisive.
2 The parties to the dispute shall facilitate the work of the Tribunal and in particular shall, in accordance with their legislation and using all means at their disposal:
.1 provide the Tribunal with all necessary documents and information; and
.2 enable the Tribunal to enter their territory, to hear witnesses or experts, and to visit the scene.
3 The failure of a party to the dispute to comply with the provisions of paragraph 2 shall not preclude the Tribunal from reaching a decision and rendering an award.
Article 9
The Tribunal shall render its award within five months from the time it is established unless it finds it necessary to extend that time limit for a period not to exceed five months. The award of the Tribunal shall be accompanied by a statement of reasons for the decision. It shall be final and without appeal and shall be communicated to the Secretary-General who shall inform the Contracthing Parties. The parties to the dispute shall immediately comply with the award.
