Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific in United States

Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific

Lima, 12 November 1981

The High Contracting Parties,
Conscious of the need to protect and preserve the
marine environment and coastal area of the South-
East Pacific against all types and sources of pollution,
Convinced of the economic, social and cultural
values of the South-East Pacific as a means of linking
the countries of the region,
Considering that the various international agree-
ments concerning marine pollution which are in
force, despite all the progress achieved, do not cover
all types and sources of pollution and do not
completely satisfy the needs and requirements of the
countries of the region.
Recognizing the desirability of co-operating at the
regional level, either directly or with the assistance of
the Permanent Commission of the South Pacific or
other competent international organizations, in
protecting and preserving the aforesaid marine
environment and coastal area.
Have agreed on the following:

Article 1
GEOGRAPHICAL COVERAGE

The sphere of application of this Convention shall
be the sea area and the coastal zone of the South-East
Pacific within the 200-mile maritime area of
sovereignty and jurisdiction of the High Contracting
Parties and, beyond that area. the high seas up to a
distance within which pollution of the high seas may
affect that area.

Article 2
DEFINITIONS

For the purpose of this Convention:
(a) “Pollution of the marine environment” means
the introduction by man, directly or indirectly, of
substances or energy into the marine environment
(including estuaries) which results or is likely to
result in such deleterious effects as harm to living
resources and marine life, hazards to human health,
hindrance to marine activities, including fishing and
other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of
amenities;
(b) “National authority” means the authority
designated by each Party, in accordance with article
9.
(c) “Executive Secretariat” means the body
specified in article 13 of this Convention.

Article 3
GENERAL OBLIGATIONS

1. The High Contracting Parties shall endeavour,
either individually or through bilateral or
multilateral co-operation, to adopt appropriate
measures in accordance with the provisions of this
Convention and any supplementary instruments in
force to which they are party in order to prevent,
reduce and control pollution of the marine
environment and coastal area of the South-East
Pacific and to ensure appropriate environmental
management of natural resources.

2. In addition to the “Agreement on Regional Co-
operation in Combating Pollution of the South-East
Pacific by Hydrocarbons or Other Harmful
Substances in Cases of Emergency”, the High
Contracting Parties shall co-operate in formulating,
adopting and implementing any other protocols that
may establish rules, standards, practices and
procedures for the implementation of this
Convention.

3. The High Contracting Parties shall endeavour to
ensure that such laws and regulations as they may
promulgate to prevent, reduce and control pollution
of their respective marine environment and coastal
area from any source and to promote the appropriate
environmental management of such environment
and area are as effective as the existing international
standards.

4. The High Contracting Parties shall co-operate,
on a regional basis, directly or in collaboration with
the competent international organizations, in
formulating, adopting and implementing effective
rules, standards, practices and procedures for the
protection and preservation of the marine
environment and coastal area of the South-East
Pacific against all types and sources of pollution,
and in promoting appropriate environmental
management of such environment and area, taking
into account characteristic regional features.
Such rules, standards, practices and procedures
shall be communicated to the Executive Secretariat.

5. The High Contracting Parties shall take all
measures necessary to ensure that activities under
their jurisdiction or control are so conducted that
they do not cause damage by pollution to others or to
their environment, and that pollution arising from
incidents or activities under their jurisdiction or
control does not, as far as possible, spread beyond
the areas where the High Contracting Parties
exercise sovereignty and jurisdiction.

Article 4
MEASURES TO PREVENT, REDUCE AND CONTROL
POLLUTION OF THE MARINE ENVIRONMENT

The measures adopted bv the High Contracting
Parties to prevent and control pollution of the marine
environment shall include, inter alia, measures
designed to minimize to the fullest possible extent
(a) Release of toxic, harmful or noxious
substances, especially those which are persistent:
(i) From land-based sources;
(ii) From or through the atmosphere; and
(iii) By dumping;
(b) Pollution from vessels, in particular measures
for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea,
preventing intentional discharges and regulating the
design, construction, equipment, operation and
manning of vessels pursuant to the general
accepted international standards and rules; and
(c) Pollution from any other installations and
devices operating in the marine environment, in
particular measures for preventing accidents and
dealing with emergencies, ensuring the safety
operations at sea, and regulating the design
construction, equipment, operations and manning
such installations or devices.

Article 5
EROSION OF COASTAL AREA

The High Contracting Parties shall adopt a
appropriate measures to prevent, reduce and control
erosion of the coastal area of the South-East Pacific
resulting from the activities of man.

Article 6
CO-OPERATION IN CASES OF POLLUTION
RESULTING FROM EMERGENCY SITUATIONS

1. High Contracting Parties which become aware of
cases in which the marine environment is in danger of
being damaged or has been damaged by pollution
shall immediately notify the other High Contracting
Parties which they deem likely to be affected by such
damage and the Executive Secretariat.
The High Contracting Parties, individually or by
means of bilateral or multilateral co-operation, shall
endeavour, to the extent possible, to eliminate the
effects of pollution and to prevent or minimize
damage.
Accordingly, the High Contracting Parties shall
jointly endeavour to promote and develop
contingency plans for responding to pollution
incidents in the marine environment.

2. High Contracting Parties which are faced with
pollution resulting from emergency situations shall:
(a) Make an assessment of the nature and extent of
the emergency;
(b) Adopt appropriate measures to avoid or reduce
the effects of the pollution;
(c) Immediately report the measures adopted and
any action which they are undertaking or intend to
undertake in order to combat the pollution;
(d) Observe the emergency situation for as long as
it lasts, any changes that may occur and, in general,
the development of the pollution.
The information obtained shall be communicated
to the other High Contracting Parties and to the
Executive Secretariat.

3. High Contracting Parties requiring assistance in
combating pollution resulting from emergency
situations may request, either directly or through the
Executive Secretariat, the co-operation of other
Parties, especially those which may be affected by the
pollution.
Such co-operation may include expert advice and
the provision of equipment and materials necessary
to combat the pollution.
The High Contracting Parties to which a request
has been addressed shall, as soon as possible,
consider the request in the light of their capabilities
and shall immediately inform the requesting Party of
the form and conditions of the co-operation they are
able to provide.

Article 7
MONITORING OF POLLUTION

The High Contracting Parties, directly or in
collaboration with the competent international
organizations, shall establish complementary or joint
programmes for monitoring pollution in the South-
East Pacific area, including, when appropriate,
bilateral or multilateral programmes, and shall
endeavour to implement a pollution monitoring
system for that area.
To this end, the High Contracting Parties shall
designate the authorities responsible for monitoring
pollution within their respective maritime areas of
sovereignty and jurisdiction and shall participate, to
the extent feasible, in international arrangements for
that purpose in areas situated outside the limits of
their sovereignty and jurisdiction.

Article 8
ENVIRONMENTAL IMPACT ASSESSMENT

1. As part of their environmental management
policies, the High Contracting Parties shall develop
technical and other guidelines to assist the planning
of their development projects in such a way as to
minimize their harmful impact in the sphere of
application of the Convention.

2. Each High Contracting Party shall endeavour to
include an assessment of the potential environmental
effects in any planning activity entailing projects
within its territory, particularly in the coastal areas,
that may cause substantial pollution of, or significant
and harmful changes to, the area of application of the
Convention.

3. The High Contracting Parties shall, in co-
operation with the Executive Secretariat, develop
procedures for the dissemination of information
concerning the assessment of the activities referred
to in paragraph 2 of this article.

Article 9

EXCHANGE OF INFORMATION

The High Contracting Parties undertake to
exchange among themselves, and to transmit to the
Executive Secretary, information on the following:

(a) The competent national organization or
authorities responsible for combating marine
pollution;

(b) The competent national authorities and bodies
responsible for receiving information on marine
pollution and for carrying out assistance programmes
of measures for the benefit of the Parties; and

(c) The programmes and research which they are
conducting in order to develop new methods and
techniques for preventing marine pollution as well as
the results of such programmes and research.

The High Contracting Parties shall co-ordinate the
use of the available communication media in order to
ensure the timely reception, transmission and
dissemination of the information to be exchanged.

Article 10
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION

1. The High Contracting Parties shall, to the extent
possible, co-operate directly, or through the
Executive Secretariat or other competent inter-
national organization, when appropriate, in the fields
of science and technology, and shall exchange data
and any other specific information for the purposes of
this Convention.

To this end, the High Contracting Parties shall,
directly or through the Executive Secretariat or
another competent international organization:

(a) Promote programmes of scientific, educational,
technical and other assistance for the protection and
preservation of the marine environment and the
coastal area, and for the prevention, reduction and
control of marine pollution. Such assistance shall
include, inter alia:

(i) Training of scientific and technical personnel;
(ii) Participation in relevant international
programmes;
(iii) Provision of necessary equipment and
facilities;
(iv) Strengthening the capacity of the High
Contracting Parties to manufacture such equipment;
and
(v) Provision of facilities for, and advice on,
research, monitoring, educational and other
programmes;

(b) Provide appropriate assistance to minimize the
effects of major incidents or accidents which may
cause serious pollution of the marine environment;

(c) Provide appropriate assistance in the prep-
aration of environmental assessments; and

(d) Co-operate in developing programmes for
appropriate assistance in the environmental
management of the marine environment and the
coastal area.

2. The High Contracting Parties undertake, to the
extent possible, to promote and co-ordinate their
national research programmes on all the types of
pollution which exist within the geographical sphere
of application of this Convention, and to co-operate
in the establishment of regional research pro-
grammes.

Article 11
LIABILITY AND COMPENSATION

1. The High Contracting Parties shall endeavour to
formulate and adopt appropriate procedures for
determining civil liability and compensation for
damage resulting from pollution of the marine
environment and coastal area caused by natural or
juridical persons in their maritime and coastal areas
as a consequence of any infringement by such
persons of the provisions of this Convention and its
supplementary instruments.

2. The High Contracting Parties shall ensure that
recourse is available in accordance with their legal
systems for compensation or other relief in respect of
damage caused by pollution of the marine
environment and coastal area by natural or juridical
persons under their jurisdiction.

Article 12
MEETINGS OF THE HIGH CONTRACTING PARTIES

The High Contracting Parties shall hold ordinary
and extraordinary meetings.

1. Ordinary meetings shall be held every two years
on the same occasion as the Ordinary Meeting of the
Permanent Commission of the South Pacific. These
meetings shall be convened by the Executive
Secretariat.
Extraordinary meetings shall be held whenever
special circumstances so warrant. They shall be
convened by the Executive Secretariat at the request
of any High Contracting Party. The Executive
Secretariat may also convene extraordinary meetings
at its request following the unanimous agreement of
the High Contracting Parties.

2. At ordinary meetings, the High Contracting
Parties shall examine, inter alia, the following points:
(a) The extent to which this Convention is being
implemented, the effectiveness of the measures
taken and the need to develop other kinds of
activities in furtherance of objectives of this
Convention and the protocols thereto including their
institutional and financial aspects;
(b) The adoption of additional protocols, the
advisability of amending or revising this Convention
and the protocols thereto, and the modification or
expansion of any resolutions adopted in pursuance of
the provisions of the Convention and protocols;

(c) The environmental assessment undertaken in
the geographical area covered by this Convention;
and
(d) The performance of any other function which
may assist in achieving the purposes of this
Convention.

Article 13
EXECUTIVE SECRETARIAT OF THE CONVENTION

For the purposes of the administration and
application of this Convention, the High Contracting
Parties hereby designate the Permanent Commission
of the South Pacific to discharge the functions of
Executive Secretariat under the Convention. At
their first meeting, the High Contracting Parties shall
establish the procedure and financing for the
performance of this function.

Article 14
REPORTS

The High Contracting Parties shall transmit to the
Executive Secretariat reports on the measures
adopted for the implementation of this Convention
and the additional protocols which form part of it, in
such form and at such intervals as determined by
their meetings. The Executive Secretariat shall bring
these reports to the attention of the High Contracting
Parties.

Article 15
ENTRY INTO FORCE

This Convention shall enter into force sixty days
after the third instrument of ratification has been
deposited with the General Secretariat of the
Permanent Commission of the South Pacific.

Article 16
DENUNCIATION

This Convention may be denounced by any of the
High Contracting Parties after it has been in force for
two years for the High Contracting Party denouncing
it.
Such denunciation shall be effected by means of
written notification to the Executive Secretariat,
which shall communicate it forthwith to the High
Contracting Parties.
The denunciation shall take effect one hundred
and eighty days after the date of such notification.

Article 17
AMENDMENTS TO THE CONVENTION OR ITS PROTOCOLS

1. Any High Contracting Party may propose
amendments to this Convention or to its protocols.
Such amendments shall be adopted at a Conference
of Plenipotentiaries convened by the Executive
Secretary at the request of any Contracting Party.

2. Amendments to this Convention and the pro-
tocols shall be adopted unanimously by the High
Contracting Parties.

3. The amendments shall be subject to ratification
and shall enter into force after the third instrument of
ratification has been deposited with the Executive
Secretariat.

Article 18
ACCESSION

This Convention shall be open for accession by any
State bordering the South-East Pacific. Accession
shall be effected by the deposit of the relevant
instrument with the Executive Secretariat, which
shall communicate it to the High Contracting Parties.
This Convention shall enter into force for the State
acceding to it sixty days after the deposit of the
relevant instrument.

Article 19
ADOPTIONS OF PROTOCOLS

The High Contracting Parties may adopt
unanimously, at a Conference of Plenipotentiaries,
additional protocols to this Convention, which shall
enter into force after the third instrument of
ratification has been deposited with the Executive
Secretariat.

Article 20
GENERAL PROVISION

The provisions of this Convention shall not affect
any more stringent obligations which have been
assumed by the High Contracting Parties under
special conventions and agreements that they have
concluded or may conclude on the protection of the
marine environment.
At the request of any of the High Contracting
Parties, the Executive Secretariat shall convene a
Conference of Plenipotentiaries on this question.
Before the entry into force of this Convention, the
Executive Secretariat may, after consultation with
the signatories of the Convention, convene a
Conference of Plenipotentiaries for the adoption of
additional protocols.

Done in six identical copies, one of which shall be
deposited with the General Secretariat of the
Permanent Commission of the South Pacific, all
being equally authentic for the purposes of
implementation and interpretation.

In witness whereof the Plenipotentiaries, being
duly authorized by their respective Governments,
have signed this Convention in the city of Lima, on
the twelfth day of November, one thousand nine
hundred and eighty-one.