Convention on the Protection of the Marine Environment of the Baltic Sea Area

Convention on the Protection of the Marine Environment of the Baltic Sea Area in United States

Convention on the Protection of the Marine Environment of the Baltic Sea Area

Baltic Sea Area, 9 April 1992

The Contracting Parties,

Conscious of the indispensable value of the marine environment of the
Baltic Sea Area, its exceptional hydrographic and ecological characteristics
and the sensitivity of its living resources to changes in the environment;

Bearing in mind the historical and present economic, social and cultural
value of the Baltic Sea Area for the well-being and development of the peoples
of that region;

Noting with deep concern the still ongoing pollution of the Baltic Sea
Area;

Declaring their firm determination to assure the ecological restoration
of the Baltic Sea, ensuring the possibility of self-regeneration of the marine
environment and preservation of its ecological balance;

Recoginizing that the protection and enhancement of the marine
environment of the Baltic Sea Area are tasks that cannot effectively be
accomplished by national efforts alone but by close regional cooperation and
other appropriate international measures;

Appreciating the achievements in environmental protection within the
framework of the 1974 Convention on the Protection of the Marine Environment
of the Baltic Sea Area, and the role of the Baltic Marine Environment
Protection Commission therein;

Recalling the pertinent provisions and principles of the 1972
Declaration of the Stockholm Conference on the Human Environment and the 1975
Final Act of the Conference on Security and Cooperation in Europe (CSE);

Desiring to enhance cooperation with competent regional organizations
such as the International Baltic Sea Fishery Commission established by the
1973 Gdansk Convention on Fishing and Conservation of the Living Resources in
the Baltic Sea and the Belts;

Welcoming the Baltic Sea Declaration by the Baltic and other interested
States, the European Economic Community and cooperating international
financial institutions assembled at Ronneby in 1990, and the Joint
Comprehensive Programme aimed at a joint action plan in order to restore the
Baltic Sea Area to a sound ecological balance;

Conscious of the importance of transparency and public awareness as well
an the work by non-governmental organizations for successful protection of the
Baltic Sea Area;

Welcoming the improved opportunities for closer cooperation which have
been opened by the recent political developments in Europe on the basis of
peaceful cooperation and mutual understanding;

Determined to embody developments in international environmental policy
and environmental law into a now Convention to extend, strengthen and
modernize the legal regime for the protection of the Marine Environment of the
Baltic Sea Area;

Have agreed as follows:

Article 1

Convention Area

This Convention shall apply to the Baltic Sea Area. For the purposes of
this Convention the “Baltic Sea Area” shall be the Baltic Sea and the entrance
to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at
57[degrees] 44.43’N. It includes the internal waters, i.e. for the purposes of this
Convention, waters on the landward side of the baselines from which the
breadth of the territorial sea is measured up to the landward limit according
to the designation by the Contracting Parties.

A Contracting Party shall, at the time of the deposit of the instrument
of ratification, approval or accession, inform the Depositary of the
designation of its internal waters for the purposes of this Convention.

Article 2

Definitions

For the purposes of this Convention:

1. “Pollution” means introduction by man, directly or indirectly, of
substances or energy into the sea, including estuaries, which are liable to
create hazards to human health, to harm living resources and marine
ecosystems, to cause hindrance to legitimate uses of the sea including
fishing, to impair the quality for use of sea water, and to lead to a
reduction of amenities;

2. “Pollution from land-based sources” means pollution of the sea by point
or diffuse inputs from all sources on land reaching the sea waterborne,
airborne or directly from the coast. it includes pollution from any
deliberate disposal under the seabed with access from land by tunnel, pipeline
or other means;

3. “Ship” means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, air-cushion vehicles, submersibles,
floating craft and fixed or floating platforms;

4. (a) “Dumping” means:

(i) any deliberate disposal at sea or into the
seabed of wastes or other matter from ships,
other man-made structures at sea or aircraft

(ii) any deliberate disposal at sea of ships, other
man-made structures at sea or aircraft;

(b) “Dumping” does not include:

(i) the disposal at sea of wastes or other matter
incidental to, or derived from the normal
operations of ships, other man-made structures
at sea or aircraft and their equipment, other
than wastes or other matter transported by or
to ships, other man-made structures at sea or
aircraft, operating for the purpose of disposal
of such matter or derived from the treatment of
such wastes or other matter on such ships,
structures or aircraft;

(ii) placement of matter for a purpose other than
the more disposal thereof, provided that such
placement in not contrary to the aims of the
present Convention;

5. “Incineration” means the deliberate combustion of wastes or other matter
at sea for the purpose of their thermal destruction. Activities incidental to
the normal operation of ships or other man-made structures are excluded from
the scope of this definition;

6. “Oil” means petroleum in any form including crude oil, fuel oil, sludge,
oil refuse and refined products;

7. “Harmful substance” means any substance which, if introduced into the
sea, in liable to cause pollution;

8. “Hazardous substance” means any harmful substance which due to its
intrinsic properties is persistent, toxic or liable to bio-accumulate;

9. “Pollution incident” means an occurrence or series of occurrences having
the same origin, which results or may result in a discharge of oil or other
harmful substances and which poses or may pose a threat to the marine
environment of the Baltic Sea or to the coastline or related interests of one
or more Contracting Parties, and which requires emergency actions or other
immediate response;

10. “Regional economic integration organization” means any organization
constituted by sovereign States, to which their member States have transferred
competence in respect of matters governed by this Convention, including the
competence to enter into international agreements in respect of these matters;

11. The “Commission” means the Baltic Marine Environment Protection
Commission referred to in article 19.

Article 3

Fundamental principles and obligations

1. The Contracting Parties shall individually or jointly take all
appropriate legislative, administrative or other relevant measures to prevent
and eliminate pollution in order to promote the ecological restoration of the
Baltic Sea Area and the preservation of its ecological balance.

2. The Contracting Parties shall apply the precautionary principle, i.e.,
to take preventive measures when there is reason to assume that substances or
energy introduced, directly or indirectly, into the marine environment may
create 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 inputs and
their alleged effects.

3. In order to prevent and eliminate pollution of the Baltic Sea Area the
Contracting Parties shall promote the use of Best Environmental Practice and
Beat Available Technology. If the reduction of inputs, resulting from the use
of Best Environmental Practice and Best Available Technology, as described in
Annex II, does not lead to environmentally acceptable results, additional
measures shall be applied.

4. The Contracting Parties shall apply the polluter-pays principle.

5. The Contracting Parties shall ensure that measurements and calculations
of emissions from point sources to water and air and of inputs from diffuse
sources to water and air are carried out in a scientifically appropriate
manner in order to assess the state of the marine environment of the Baltic
Sea Area and ascertain the implementation of this Convention.

6. The Contracting Parties shall use their best endeavours to ensure that
the implementation of this Convention does not cause transboundary pollution
in areas outside the Baltic Sea Area. Furthermore, the relevant measures
shall not lead either to unacceptable environmental strains on air quality and
the atmosphere or on waters, soil and groundwater, to unacceptably harmful or
increasing waste disposal, or to increased risks to human health.

Article 4

Application

1. This Convention shall apply to the protection of the marine environment
of the Baltic Sea Area which comprises the water-body and the seabed including
their living resources and other forms of marine life.

2. Without prejudice to its sovereignty each Contracting Party shall
implement the provisions of this Convention within its territorial sea and its
internal waters through its national authorities.

3. This Convention shall not apply to any warship, naval auxiliary,
military aircraft or other ship and aircraft owned or operated by a State and
used, for the time being, only on government non-commercial service.

However, each Contracting Party shall ensure, by the adoption of
appropriate measures not impairing the operations or operational capabilities
of such ships and aircraft owned or operated by it, that such ships and
aircraft act in a manner consistent, so far an is reasonable and practicable,
with this Convention.

Article 5

Harmful substances

The Contracting Parties undertake to prevent and eliminate pollution of
the marine environment of the Baltic Sea Area caused by harmful substances
from all sources, according to the provisions of this Convention and, to this
end, to implement the procedures and measures of Annex I.

Article 6

Principles and obligations concerning
Pollution from land-based sources

1. The Contracting Parties undertake to prevent and eliminate pollution of
the Baltic Sea Area from land-based sources by using, inter alia, Best
Environmental Practice for all sources and Best Available Technology for point
sources. The relevant measures to this end shall be taken by each Contracting
Party in the catchment area of the Baltic Sea without prejudice to its
sovereignty.

2. The Contracting Parties shall implement the procedures and measures set
out in Annex III. To this end they shall, inter alia, as appropriate,
cooperate in the development and adoption of specific programmes, guidelines,
standards or regulations concerning emissions and inputs to water and air,
environmental quality, and products containing harmful substances and material
and the use thereof.

3. Harmful substances from point sources shall not, except in negligible
quantities, be introduced directly or indirectly into the marine environment
of the Baltic Sea Area, without a prior special permit, which may be
periodically reviewed, issued by the appropriate national authority in
accordance with the principles contained in Annex III, Regulation 3. The
Contracting Parties shall ensure that authorized emissions to water and air
are monitored and controlled.

4. If the input from a watercourse flowing through the territories of two
or more Contracting Parties or forming a boundary between them is liable to
cause pollution of the marine environment of the Baltic Sea Area, the
Contracting Parties concerned shall jointly and, if possible, in cooperation
with a third State interested or concerned, take appropriate measures in order
to prevent and eliminate such pollution.

Article 7

Environmental impact Assessment

1. Whenever an environmental impact assessment of a proposed activity that
is likely to cause a significant adverse impact an the marine environment of
the Baltic Sea Area is required by international law or supranational
regulations applicable to the Contracting Party of origin, that Contracting
Party shall notify the Commission and any Contracting Party which may be
affected by a transboundary impact on the Baltic Sea Area.

2. The Contracting Party of origin shall enter into consultations with any
Contracting Party which is likely to be affected by such transboundary impact,
whenever consultations are required by international law or supranational
regulations applicable to the Contracting Party of origin.

3. Where two or more Contracting Parties share transboundary waters within
the catchment area of the Baltic Sea, these Parties shall cooperate to ensure
that potential impacts on the marine environment of the Baltic Sea Area are
fully investigated within the environmental impact assessment referred to in
paragraph 1 of this article. The Contracting Parties concerned shall jointly
take appropriate measures in order to prevent and eliminate pollution,
including cumulative deleterious effects.

Article 8

Prevention of pollution from ships

1. In order to protect the Baltic Sea Area from pollution from ships, the
Contracting Parties shall take measures as set out in Annex IV.

2. The Contracting Parties shall develop and apply uniform requirements for
the provision of reception facilities for ship-generated wastes, taking into
account, inter alia, the special needs of passenger ships operating in the
Baltic Sea Area.

Article 9

Pleasure craft

The Contracting Parties shall, in addition to implementing those
provisions of this Convention which can appropriately be applied to pleasure
craft, take special measures in order to abate harmful effects on the marine
environmnt of the Baltic Sea Area caused by pleasure craft activities. The
measures shall, inter alia, deal with air pollution, noise and hydrodynamic
effects as well as with adequate reception facilities for wastes from pleasure
craft.

Article 10

Prohibition of incineration

I. The Contracting Parties shall prohibit incineration in the Baltic Sea
Area.

2. Each Contracting Party undertakes to ensure reliance with the
provisions of this article by ships:

(a) registered in its territory or flying its flag;

(b) loading, within its territory or territorial sea, matter
which is to be incinerated; or

(c) believed to be engaged in incineration within its
internal waters and territorial sea.

3. In case of suspected incineration the Contracting Parties shall
cooperate in investigating the matter in accordance with Regulation 2 of
Annex IV.

Article 11

Prevention of dumping

1. The Contracting Parties shall, subject to exemptions set forth in
paragraphs 2 and 4 of this article, prohibit dumping in the Baltic Sea Area.

2. Dumping of dredged material shall be subject to a prior special permit
issued by the appropriate national authority in accordance with the provisions
of Annex V.

3. Each Contracting Party undertakes to ensure compliance with the
provisions of this article by ships and aircraft:

(a) registered in its territory or flying its flag;

(b) loading, within its territory or territorial sea, matter
which is to be dumped; or

(c) believed to be engaged in dumping within its internal
waters and territorial sea.

4. The provisions of this article shall not apply when the safety of human
life or of a ship or aircraft at sea is threatened by the complete destruction
or total lose of the ship or aircraft, or in any case which constitutes a
danger to human life, if dumping appears to be the only way of averting the
threat and if there is every probability that the damage consequent upon such
dumping will be less than would otherwise occur. Such dumping shall be so
conducted as to minimize the likelihood of damage to human or marine life.

5. Dumping made under the provisions of paragraph 4 of this article shall
be reported and dealt with in accordance with Annex VII and shall be reported
forthwith to the Commission in accordance with the provisions of Regulation 4 of Annex V.

6. In case of dumping suspected to be in contravention of the provisions of
this article the Contracting Parties shall cooperate in investigating the
matter in accordance with Regulation 2 of Annex IV.

Article 12,

Exploration and exploitation of the seabed
and its subsoil

1. Each Contracting Party shall take all measures in order to prevent
pollution of the marine environment of the Baltic Sea Area resulting from
exploration or exploitation of its part of the seabed and the subsoil thereof
or from any associated activities thereon an well as to ensure that adequate
preparedness is maintained for immediate response actions against pollution
incidents caused by such activities.

2. In order to prevent and eliminate pollution from such activities, the
Contracting Parties undertake to implement the procedures and measures set out
in Annex VI, as far as they are applicable.

Article 13

Notification and consultations an pollution incidents

1. Whenever a pollution incident in the territory of a Contracting Party is
likely to cause pollution to the marine environment of the Baltic Sea Area
outside its territory and adjacent maritime area in which it exercises
sovereign rights and jurisdiction according to international law, this
Contracting Party shall notify without delay such Contracting Parties whose
interests are affected or likely to be affected.

2. Whenever deemed necessary by the Contracting Parties referred to in
paragraph 1, consultations should take place with a view to preventing,
reducing and controlling such pollution.

3. Paragraphs 1 and 2 shall also apply in cases where a Contracting Party
has sustained such pollution from the territory of a third State.

Article 14

Cooperation in combating marine po1lution

The Contracting Parties shall individually and jointly take, as set out
in Annex VII, all appropriate measures to maintain adequate ability and to
respond to pollution incidents in order to eliminate or minimize the
consequences of these incidents to the marine environment of the Baltic Sea
Area.

Article 15

Nature conservation and biodiversitv

The Contracting Parties shall individually and jointly take all
appropriate measures with respect to the Baltic Sea Area and its coastal
ecosystems influenced by the Baltic Sea to conserve natural habitats and
biological diversity and to protect ecological processes. Such measures shall
also be taken in order to ensure the sustainable use of natural resources
within the Baltic Sea Area. To this ends the Contracting Parties shall aim at
adopting subsequent instruments containing appropriate guidelines and
criteria.

Article l6

Reporting and exchange of information

1. The Contracting Parties shall report to the Commission at regular
intervals on:

(a) the legal, regulatory, or other measures taken for the
implementation of the provisions of this Convention, of
its Annexes and of recommendations adopted thereunder;

(b) the effectiveness of the measures taken to implement the
provisions referred to in subparagraph (a) of this
paragraph; and

(c) problems encountered in the implementation of the
provisions referred to in subparagraph (a) of this
paragraph.

2. On the request of a Contracting Party or of the Commission, the
Contracting Parties shall provide information on discharge permits, emission
data or data on environmental quality, as far an available.

Article 17

information to the public

1. The Contracting Parties shall ensure that information is made available
to the public on the condition of the Baltic Sea and the water in its
catchment area, measures taken or planned to be taken to prevent and eliminate
pollution and the effectiveness of those measures. For this purpose, the
Contracting Parties shall ensure that the following information is made
available to the public:

(a) permits issued and the conditions required to be met;

(b) results of water and effluent sampling carried out for
the purposes of monitoring and assessment, as well as
results of checking compliance with water-quality
objectives or permit conditions and

(c) water-quality objectives.

2. Each Contracting Party shall ensure that this information shall be
available to the public at all reasonable times and shall provide members of
the public with reasonable facilities for obtaining, on payment of reasonable
charges, copies of entries in its registers.

Article l8

Protection of information

1. The provisions of this Convention shall not affect the right or
obligation of any Contracting Party under its national law and applicable
supranational regulation to protect information related to intellectual
property including industrial and commercial secrecy or national security and
the confidentiality of personal data.

2. if a Contracting Party nevertheless decides to supply such protected
information to another Contracting Party, the Party receiving such protected
information shall respect the confidentiality of the information received and
the conditions under which it is supplied, and shall use that information only
for the purposes for which it was supplied.

Article 19

Commission

I. The Baltic Marine Environment Protection Commission, referred to as “the
Commission”, is established for the purposes of this Convention.

2. The Baltic Marine Environment Protection Commission, established
pursuant to the Convention on the Protection of the Marine Environment of the
Baltic Sea Area of 1974, shall be the Commission.

3. The chairmanship of the Commission shall be given to each Contracting
Party in turn in alphabetical order of the names of the Contracting Parties in
the English language. The Chairman shall serve for a period of two years, and
cannot during the period of chairmanship serve as a representative of the
Contracting Party holding the chairmanship.

Should the Chairman fail to complete his term, the Contracting Party
holding the chairmanship shall nominate a successor to remain in office until
the term of that Contracting Party expires.

4. Meetings of the Commission shall be hold at least once a year upon
convocation by the Chairman. Extraordinary meetings shall, upon the request
of any Contracting Party endorsed by another Contracting Party, be convened by
the Chairman to be hold as soon as possible, however, not later than ninety
days after the date of submission of the request.

S. Unless otherwise provided under this Convention, the Commission shall
take its decisions unanimously.

Article 20

The duties of the commission

1. The duties of the Commission shall be:

(a) to keep the implementation of this Convention under
continuous observation;

(b) to make recommendations on measures relating to the
purposes of this Convention;

(a) to keep under review the contents of this Convention
including its Annexes and to recommend to the Contracting
Parties such amendments to this Convention including its
Annexes as may be required including changes in the list
of substances and materials an well as the adoption of
new Annexes;

(d) to define pollution control criteria, objectives for the
reduction of pollution, and objectives concerning
measures particularly those described in Annex III;

(e) to promote in close cooperation with appropriate
governmental bodies, taking into consideration
subparagraph (f) of this article, additional measures to
protect the marine environment of the Baltic Sea Area and
for this purpose:

(i) to receive, process, summarize and disseminate
relevant scientific, technological and
statistical information from available sources;
and

(ii) to promote scientific and technological
research; and

(f) to seek, when appropriate, the services of competent
regional and other international organizations to
collaborate in scientific and technological research as
well as other relevant activities pertinent to the
objectives of this Convention.

2. The Commission may assume such other functions as it deems appropriate
to further the purposes of this Convention.

Article 21

Administrative Provisions for the Commission

1. The working language of the Commission shall be English.

2. The Commission shall adopt its Rules of Procedure.

3. The office of the Commission, known as “the Secretariat”, shall be in
Helsinki.

4. The Commission shall appoint an Executive Secretary and make provisions
for the appointment of such other personnel as may be necessary, and determine
the duties, terms and conditions of service of the Executive Secretary.

5. The Executive Secretary shall be the chief administrative official of
the Commission and shall perform the functions that are necessary for the
administration of this Convention, the work of the Commission and other tasks
entrusted to the Executive Secretary by the Commission and its Rules of
Procedure.

Article 22

Financial Provisions for the Commission

1. The Commission shall adopt its Financial Rules.

2. The Commission shall adopt an annual or biennial budget of proposed
expenditures and consider budget estimates for the fiscal period following
thereafter.

3. The total amount of the budget, including any supplementary budget
adopted by the Commission, shall be contributed by the Contracting Parties
other than the European Economic Community, in equal parts, unless unanimously
decided otherwise by the Commission.

4. The European Economic Community shall contribute no more than 2.5 per
cent of the administrative costs to the budget.

5. Each contracting Party shall pay the expenses related to the
participation in the Commission of its representatives, experts and advisers.

Article 23

Right-to vote

1. Except as provided for in paragraph 2 of this article, each Contracting
Party shall have one vote in the Commission.

2. The European Economic Community and any other regional economic
integration organization, in matters within their competence, shall exercise
their right to vote with a number of votes equal to the number of their member
States which are Contracting Parties to this Convention. Such organizations
shall not exercise their right to vote if their member States exercise theirs,
and vice versa.

Article 24

Scientific and technological cooperation

I. The Contracting Parties undertake directly, or when appropriate through
competent regional or other international organizations, to cooperate in the
fields of science, technology and other research, and to exchange data and
other scientific information for the purposes of this Convention. In order to
facilitate research and monitoring activities in the Baltic Sea Area, the
Contracting Parties undertake to harmonize their policies with respect to
permission procedures for conducting such activities.

2. Without prejudice to article 4, paragraph 2, of this Convention the
Contracting Parties undertake directly, or when appropriate, through competent
regional or other international organizations, to promote studies and to
undertake, support or contribute to programmes aimed at developing methods
assessing the nature and extent of pollution pathways, exposures, risks and
remedies in the Baltic Sea Area. In particular, the Contracting Parties
undertake to develop alternative methods of treatment, disposal and
elimination of such matter and substances that are likely to cause pollution
of the marine environment of the Baltic Sea Area.

3. Without prejudice to article 4, paragraph 2, of this Convention the
Contracting Parties undertake directly, of when appropriate through competent
regional or other international organizations and, on the basis of the
information and data acquired pursuant to paragraphs 1 and 2 of this article,
to cooperate in developing inter-comparable observation methods, in performing
baseline studies and in establishing complementary or joint programmes for
monitoring.

4. The organization and scope of work connected with the implementation of
tasks referred to in the preceding paragraphs should primarily be outlined by
the Commission.

Article 25

Responsibility for damage

The Contracting Parties undertake jointly to develop and accept rules
concerning responsibility for damage resulting from acts or emissions in
contravention of this Convention, including, inter alia, limits of
responsibility, criteria and procedures for the determination of liability and
available remedies.

Article 26

Settlement of disputes

1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention, they should seek a solution
by negotiation. If the Parties concerned cannot reach agreement they should
seek the good offices of or jointly request mediation by a third Contracting
Party, a qualified international organization or a qualified person.

2. If the Parties concerned have not been able to resolve their dispute
through negotiation or have been unable to agree on measures an described
above, such disputes shall be, upon common agreement, submitted to an ad hoc
arbitration tribunal to a permanent arbitration tribunal, or to the
International Court of Justice.

Article 27

Safeguard of certain freedoms

Nothing in this Convention shall be construed as infringing upon the
freedom of navigation, fishing, marine scientific research and other
legitimate uses of the high seas, an well as upon the right of innocent
passage through the territorial sea.

Article 28

Status of Annexes

The Annexes attached to this Convention form an integral part of this
Convention.

Article 29

Relation to other conventions

The provisions of this Convention shall be without prejudice to the
rights and obligations of the Contracting Parties under existing and future
treaties which further and develop the general principles of the law of the
sea underlying this Convention and, in particular, provisions concerning the
prevention of pollution of the marine environment.

Article 30

Conference for the revision or amendment
of the Convention

A conference for the purpose of a general revision of or an amendment to
this Convention may be convened with the consent of the Contracting Parties or
at the request of the Commission.

Article 31

Amendments to the articles of the Convention

1. Each Contracting Party may propose amendments to the articles of this
convention. Any such proposed amendment shall be submitted to the Depositary
and communicated by it to all contracting Parties, which shall inform the
Depositary of either their acceptance or rejection of the amendment as soon as
possible after receipt of the communication.

A proposed amendment shall, at the request of a Contracting Party, be
considered in the Commission. In such a case article 19, paragraph 4, shall
apply. If an amendment is adopted by the Commission, the procedure in
paragraph 2 of this article shall apply.

2. The Commission may recommend amendments to the articles of this
Convention. Any such recommended amendment shall be submitted to the
Depositary and communicated by it to all Contracting Parties, which shall
notify the Depositary of either their acceptance or rejection of the amendment
as soon as possible after receipt of the communication.

3. The amendment shall enter into force ninety days after the Depositary
has received notifications of acceptance of that amendment from all
Contracting Parties.

Article 32

Amendments to the Annexes and the
adoption of Annexes

1. Any amendment to the Annexes proposed by a Contracting Party shall be
communicated to the other Contracting Parties by the Depositary and considered
in the Commission. If adopted by the Commission, the amendment shall be
communicated to the Contracting Parties and recommended for acceptance.

2. Any amendment to the Annexes recommended by the Commission shall be
communicated to the Contracting Parties by the Depositary and recommended for
acceptance.

3. Such amendment shall be deemed to have been accepted at the end of a
period determined by the Commission unless within that period any one of the
Contracting Parties has, by written notification to the Depositary, objected
to the amendment. The accepted amendment shall enter into force on a dome
determined by the Commission.

The period determined by the Commission shall be prolonged for an
additional period of six months and the date of entry into force of the
amendment postponed accordingly if, in exceptional cases, any Contracting
Party informs the Depositary before the expiration of the period determined by
the Commission that, although it intends to accept the amendment, the
constitutional requirements for such an acceptance are not yet fulfilled.

4. An Annex to this Convention may be adopted in accordance with the
provisions of this article.

Article 33

Reservations

1. The provisions of this Convention shall not be subject to reservations.

2. The provision of paragraph 1 of this article does not prevent a
Contracting Party from suspending for a period not exceeding one year the
application of an Annex of this Convention or part thereof or an amendment
thereto after the Annex in question or the amendment thereto has entered into
force. Any Contracting Party to the 1974 Convention on the Protection of the
Marine Environment of the Baltic Sea Area, which, upon the entry into force of
this Convention, suspends the application of an Annex or part thereof, shall
apply the corresponding Annex or part thereof to the 1974 Convention for the
period of suspension.

3. If after the entry into force of this Convention a Contracting Party
invokes the provisions of paragraph 2 of this article it shall inform the
other Contracting Parties, at the time of the adoption by the Commission of an
amendment to an Annex or a new Annex, of those provisions which will be
suspended in accordance with paragraph 2 of this article.

Article 34

Signature

This Convention shall be open for signature in Helsinki from 9 April
1992 until 9 October 1992 by States and by the European Economic Community
participating in the Diplomatic Conference on the Protection of the Marine
Environment of the Baltic Sea Area hold in Helsinki on 9 April 1992.

Article 35

Ratification, approval and accession

1. This Convention shall be subject to ratification or approval.

2. This Convention shall, after its entry into force, be open for accession
by any other State or regional economic integration organization interested in
fulfilling the aims and purposes of this Convention, provided that this State
organization is invited by all the Contracting Parties. In the case of
limited competence of a regional economic integration organization, the terms
and conditions of its participation may be agreed upon between the Commission
and the interested organization.

3. The instruments of ratification, approval or accession shall be
deposited with the Depositary.

4. The European Economic Community and any other regional economic
integration organization which becomes a Contracting Party to this Convention
shall in matters within their competence, on their own behalf, exercise the
rights and fulfil the responsibilities which this Convention attributes to
their member States. In such cases, the member States of these organizations
shall not be entitled to exercise such rights individually.

Article 36

Entry into force

1. This Convention shall enter into force two months after the deposit of
the instruments of ratification or approval by all signatory States bordering
the Baltic Sea and by the European Economic Community.

2. For each State which ratifies or approves this Convention before or
after the deposit of the last instrument of ratification or approval referred
to in paragraph 1 of this article, this Convention shall enter into force two
months after the date of deposit by such State of its instrument of
ratification or approval or on the date of entry into force of this
Convention, whichever is the latest date.

3. For each acceding State or regional economic integration organization,
this Convention shall enter into force two months after the deposit by such
state or regional economic integration organization of its instrument of
accession.

4. Upon entry into force of this Convention, the Convention on the
Protection of the Marine Environment of the Baltic Sea Area, signed in
Helsinki or 22 March 1974, as amended, shall cease to apply.

5. Notwithstanding paragraph 4 of this article, amendments to the Annexes
of the said Convention adopted by the Contracting Parties to the said
Convention between the signing of this Convention and its entry into force,
shall continue to apply until the corresponding Annexes of this Convention
have been amended accordingly.

6. Notwithstanding paragraph 4 of this article, recommendations and
decisions adopted under the said Convention shall continue to be applicable to
the extent that they are compatible with, or not explicitly terminated by this
Convention or any decision adopted thereunder.

Article 37

Withdrawal

1. At any time after the expiry of five years from the date of entry into
force of this convention any Contracting Party may, by giving written
notification to the Depositary, withdraw from this Convention. The withdrawal
shall take effect for such Contracting Party on the thirtieth day of June of
the year which follows the year in which the Depositary was notified of the
withdrawal.

2. in case of notification of withdrawal by a Contracting Party the
Depositary shall convene a meeting of the Contracting Parties for the purpose
of considering the effect of the withdrawal.

Article 38

Depositary

The Government of Finland, acting as Depositary, shall:

(a) notify all Contracting Parties and the Executive Secretary of:

(i) the signatures;

(ii) the deposit of any instrument of ratification, approval or
accession;

(iii) any date of entry into force of this Convention;

(iv) any proposed or recommended amendment to any article or Annex
or the adoption of a now Annex an well as the date on which
such amendment or now Annex enters into force;

(v) any notification, and the date of its receipt, under articles
31 and 32;

(vi) any notification of withdrawal and the date on which such
withdrawal takes effect;

(vii) any other act or notification relating to this Convention;

(b) transmit certified copies of this Convention to acceding States and
regional economic integration organizations.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have
signed this Convention.

DONE at Helsinki, this ninth day of April, one thousand nine hundred and
ninety-two, in a single authentic copy in the English language which shall be
deposited with the Government of Finland. The Government of Finland shall
transmit certified copies to all Signatories.


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