Convention for the Protection of the Marine Environment of the North East Atlantic

Convention for the Protection of the Marine Environment of the North East Atlantic in United States

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 the
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;

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 ant 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:

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 beyond 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 the Atlantic and Arctic Oceans and their
dependent seas which lie north of 36 degrees north latitude and
between 42 degrees west longitude and 51 degrees east
longitude, but excluding:

(1) the Baltic Sea and the Belts lying to the south and east of
lines drawn from Hasenore Head to Gniben 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 degrees north
latitude and the meridian of 5 degrees 36′ west longitude;

(ii) that part of the Atlantic Ocean north of 59 degrees north
latitude and between 44 degrees west longitude and 42 degrees
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.

(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 directly 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 with
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 tho 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;

(ii) placement of matter 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 in
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” means activities carried out in the maritime
area for the purpose 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.

(l) “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.

(o) “Wastes or other matter” does not include:

(i) human remains;

(ii) offshore installations;

(iii) offshore pipelines;

(iv) unprocessed fish and fish offal discarded from fishing vessels.

(p) “Convention” means, unless the text otherwise indicates, the
Convention for the Protection of the Marine Environment of the North-
East Atlantic, its Annexes and Appendices.

(q) “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.

(r) “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.

ARTICLE 2
GENERAL OBLIGATIONS

1.(a)The Contracting Parties 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 Parties shall, individually and jointly,
adopt programmes and measures and shall harmonise their policies and
strategies.

2. The Contracting Parties 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.

(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 an increase in pollution of the sea outside the maritime
area or in other parts of the environment.

5. No provision of the Convention shall be interpreted as preventing the
Contracting Parties from taking, individually or jointly, more stringent
measures with respect to the prevention and elimination of pollution of the
maritime area or with respect to the 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 jointly, 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.

ARTICLE 4
POLLUTION BY DUMPING OR INCINERATION

The Contracting Parties 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.

ARTICLE 5
POLLUTION FROM OFFSHORE SOURCES

The Contracting Parties shall take, individually and jointly, 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 III.

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 IV:

(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 subregions 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.

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 protect 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.

ARTICLE 9
ACCESS TO INFORMATION

1. The Contracting Parties shall ensure that their competent authorities
are required to make 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 writing, 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:

(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;
(d) commercial and industrial confidentiality, including intellectual
property;
(e) the confidentiality of personal data and/or files;
(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,
directly or indirectly, adversely affect the maritime area; such
programmes and measures 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.

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;

(b) 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.

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 their 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.

3. A notification under paragraph 2 of this Article to the Executive
Secretary may indicate that a Contracting 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.

4. All decisions adopted by the Commission shall, where appropriate,
contain provisions specifying the timetable by which the decision shall be
implemented.

5. Recommendations shall have no binding force.

6. Decisions concerning any Annex or Appendix shall be taken only by the
Contracting Parties 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.

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 Party may propose an amendment to the Convention. The
text of the proposed amendment shall be communicated to the Contracting
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 Contracting Parties. Thereafter
the amendment shall enter into force for any other Contracting Party on the
thirtieth day after that Contracting Party has deposited its instrument of
ratification, acceptance or approval of the amendment.

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 Convention, except that the Commission shall adopt any Annex
referred to in Article 7 by a three-quarters majority vote of the
Contracting Parties.

ARTICLE 17
AMENDMENT OF ANNEXES

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

ARTICLE 18
ADOPTION OF APPENDICES

1. 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 Contracting 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 not 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.

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.

5. An amendment to an Appendix shall become binding on any other
Contracting Party bound by 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 in the 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 satisfactory 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 objectives to be
achieved and the methods for achieving these objectives, including methods
for the application of appropriate standards and the scientific and
technical information to be collected.

4. The Contracting Parties signatory to such an agreement shall, through
the medium of the Commission, inform the other Contracting Parties of its
purport and of the progress made in putting it into effect.

ARTICLE 22
REPORTING TO THE COMMISSION

The Contracting 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 conduct in contravention of
those provisions;

(b) the effectiveness of the measures referred 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 to carry out its obligations.

ARTICLE 24
REGIONALISATION

The Commission may decide that any decision or recommendation adopted by it
shall apply to all, or a specified part, 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 subject 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

1. After 30th June 1993, the Convention shall be open for accession by the
States and regional economic integration organisations referred to in
Article 25.

2. The Contracting Parties may unanimously invite States or regional
economic integration 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 Contracting Parties. Any such
amendment shall enter into force after unanimous approval of all the
Contracting Parties 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.

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 1 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
force of the Convention for a Contracting 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 Contracting 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 effect one year after the date on which the notification of that
withdrawal is received by the Depositary Government.

ARTICLE 31
REPLACEMENT OF THE OSLO AND PARIS CONVENTIONS

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

2. Notwithstanding paragraph 1 of this Article, decisions, recommendations
and all other agreements adopted under the Oslo Convention or the Paris
Convention shall continue to be applicable, unaltered in their legal
nature, 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.

ARTICLE 32
SETTLEMENT OF DISPUTES

1. Any disputes between Contracting 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.

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 the 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
jurisdiction, 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 protection.

(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 conduct 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 Contracting Party that has an interest of a legal nature in the
subject matter of the dispute which may be affected by the decision in the
case, may intervene in the proceedings with the consent of the tribunal.

10.(a) The award of the arbitral 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.

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 the 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 102 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

ANNEX I

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

ARTICLE 1

1. When adopting programmes and measures for the purpose of this Annex, the
Contracting Parties 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 Contracting 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) the recommendations of the other appropriate international
organisations and agencies;

(b) the monitoring procedures recommended by these international
organisations and agencies.

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 strictly 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.

ARTICLE 3

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

(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.

ANNEX II

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.

ARTICLE 2

Incineration is prohibited.

ARTICLE 3

1. The dumping of all wastes or other matter is prohibited, except for
those 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 released into the marine environment;

(c) sewage sludge until 31st December 1998;

(d) fish waste from industrial fish processing operations;

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

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

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.

ARTICLE 5

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.

ARTICLE 7

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.

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.

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.

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

1. 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 content 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.

ARTICLE 4

1. The use on, or the discharge of 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.

ARTICLE 5

1. 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.

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.

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.

ANNEX IV

ON THE ASSESSMENT
OF THE QUALITY OF THE MARINE ENVIRONMENT

ARTICLE 1

1. For the purposes of this Annex “monitoring” means the repeated
measurement of:

(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.

ARTICLE 2

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

(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 jointly, 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.

ARTICLE 3

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

(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 in carrying out quality status
assessments.

APPENDIX 1

CRITERIA FOR THE DEFINITION OF PRACTICES
AND TECHNIQUES MENTIONED IN PARAGRAPH 3(b)(i)
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 in scientific 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 environmental 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;

(e) 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 system of licensing, involving a range of restrictions
or a ban.

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 harm 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.

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) predicted concentrations and no observed effect
concentrations;

(f) anthropogenically 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 (ie,. quantities involved, use pattern and
liability to reach the marine environment);

(l) non-fulfilment of environmental quality objectives.

2. These criteria are not necessarily of equal importance for the
consideration of a particular substance or group of substances.

3. The above criteria indicate that substances which shall be subject 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 phosphorous 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.


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