PROTOCOL FOR THE PROTECTION OF THE SOUTH-EAST PACIFIC AGAINST RADIOACTIVE POLLUTION
Source: http://www.unitar.org/cwm/publications/cbl/synergy/pdf/cat3/UNEP_regiona...
Adopted at Paipa (Colombia) on 21 September 1989
The High Contracting Parties,
Aware of the need to protect and preserve the maritime area of the South-East Pacific against radioactive pollution,
Recognizing the need to adopt measures for prohibiting all dumping and/or burial of radioactive wastes or other radioactive substances in the sea and/or on the sea-bed and subsoil thereof,
Bearing in mind the 1981 Convention for the Protection of the Marine Environment and Coastal Areas of the South-East Pacific,
Have concluded the following Protocol:
Article I Geographical area
The area to which this Protocol applies shall be the maritime area of the South-East Pacific within the 200-mile maritime zone over which the High Contracting Parties exercise sovereignty and jurisdiction.
This Protocol shall also apply to the entire continental shelf when the High Contracting Parties extend it beyond their 200 miles.
Article II General obligations
The High Contracting Parties agree to prohibit all dumping of radioactive wastes and other radioactive substances in the sea and/or on the sea-bed within the area to which this Protocol applies.
The High Contracting Parties also agree to prohibit all burial of radioactive wastes and other radioactive substances in the marine subsoil within the area to which this Protocol applies.
For these purposes, "dumping" means any deliberate disposal at sea of radioactive wastes and other radioactive substances from vessels, aircraft, platforms or other man-made structures at sea; and any deliberate sinking at sea of vessels, aircraft, platforms or other man-made structures containing or transporting such wastes or other substances.
Article III Measures for avoiding pollution
The High Contracting Parties shall take the measures necessary for ensuring that activities under their jurisdiction or control are carried out in such a way as not to cause pollution damage to the other Contracting Parties, to their environment or to the zones situated beyond those in which the Contracting Parties exercise their sovereignty and jurisdiction.The High Contracting Parties also undertake not to carry out the activities referred to in the preceding article in the zones beyond those in which the Parties exercise their sovereignty and jurisdiction.
Article IV Enumeration of radioactive wastes or other radioactive substances
The prohibition established by articles II and III shall cover the dumping and burial of all radioactive wastes or other radioactive substances considered as such in line with the recommendations of the competent international organization which is at present the International Atomic Energy Agency.
Where doubts exist as to whether a given waste or substance is radioactive or not, such waste or substance shall be included in the prohibition under articles II and III pending confirmation by the Executive Secretariat, due account being taken of the recommendations of the International Atomic Energy Agency as to whether such waste or substance is harmless.
Article V Scientific and technological co-operation
The High Contracting Parties undertake to co-operate directly, through the Executive Secretariat or the competent international organizations, in science and technology and shall exchange data and information pertaining to compliance with the objectives of this Protocol.
Article VI Exchange of information
The High Contracting Parties undertake to exchange among themselves and to transmit, through the Executive Secretariat, information on:
(a) Programmes or measures of scientific, technical or other assistance between the Parties, which may include: training of scientific and technical personnel; providing equipment and services; and advice for evaluating and monitoring programmes;
(b) Programmes of research into new methods and techniques for dealing with the treatment of radioactive wastes and other radioactive substances;
(c) The results of the monitoring programmes; and
(d)The measures adopted, results obtained and difficulties encountered in implementing this Protocol.
Article VII Monitoring programmes
The High Contracting Parties, directly or in collaboration with the Executive Secretariat or with the competent international organizations, shall establish individual or joint programmes for monitoring the geographical area covered by this Protocol.
For this purpose, the High Contracting Parties shall appoint the authorities in charge of monitoring their respective maritime zones of sovereignty and jurisdiction and shall participate, to the extent possible, in international agreements to these ends, in zones outside the limits of their sovereignty and jurisdiction.
Article VIII Co-operation in emergencies
The High Contracting Parties shall promote emergency programmes, individually or collectively, in order to prevent any incident that may result from the dumping of radioactive wastes and other radioactive substances.
To this end, they shall maintain the necessary resources, including experts and equipment, for effective implementation of such programmes.
Article IX Training programmes
In formulating and executing training programmes, the High Contracting Parties shall endeavour to maintain optimum efficiency in carrying out regional co-operation activities referred to in this Protocol.
Article X Action in cases of force majeure
If, by reason of force majeure, in order to safeguard human life on board vessels, aircraft, platforms or other man-made structures at sea, radioactive wastes or other radioactive substances are dumped in the area to which this Protocol applies, the High Contracting Parties shall co-operate to the fullest possible extent in order to counter without delay the danger of pollution to the environment.
To this end, the High Contracting Parties undertake to co- ordinate the use of their communication media in order to ensure timely reception, transmission and dissemination of all information on such emergency measures.
The information obtained shall be communicated immediately to any Contracting Parties that may be affected by the danger of pollution.
Article XI Enactment of laws and regulations
The High Contracting Parties shall enact national laws and regulations to prohibit the dumping and burial of radioactive wastes and other radioactive substances.
ArticleXII Penalties
Each High Contracting Party undertakes to ensure compliance with the provisions of this Protocol and to take appropriate steps to prevent and penalize any activity in contravention thereof.
Article XIII Executive Secretariat
For the purposes of administering and implementing this Protocol, the High Contracting Parties agree to appoint the Permanent Commission for the South Pacific (CPPS) to serve as Executive Secretariat of the Protocol.At their first meeting, the High Contracting Parties shall establish the procedure and financing for the performance of this function on behalf of the above-mentioned international body.
ArticleXIV Meetings of the High Contracting Parties
The High Contracting Parties shall hold regular meetings every two years and special meetings at any time at the request of two or more Parties.
At their regular meetings the High Contracting Parties shall address, inter alia, the following matters with a view to adopting appropriate resolutions and recommendations:
(a) The extent of compliance with this Protocol and the effectiveness of the measures adopted, as well as the need to develop other types of activity for carrying out the objectives of this Protocol;
(b) The need to amend or revise this Protocol and the advisability of extending or amending the resolutions and recommendations adopted under the Protocol;
(c) The adoption of monitoring, training and emergency programmes; and
(d) The development of any other function that may further the aims of this Protocol.
ArticleXV Entry into force
This Protocol shall enter into force 60 days after the date of deposit of the third instrument of ratification with the General Secretariat of the Permanent Commission of the South Pacific.
ArticleXVI Denunciation
This Protocol may be denounced by any High Contracting Party two years after its entry into force for such Contracting Party.
This denunciation shall be effected by written notification to the Executive Secretariat which shall immediately communicate it to the High Contracting Parties.
The denunciation shall take effect 180 days after the above- mentioned notification.
Article XVII Amendments
This Protocol may be amended only by unanimous decision of the High Contracting Parties. Amendments shall be subject to ratification and shall enter into force on the date of deposit of the third instrument of ratification with the Executive Secretariat.
Article XVIII Accession
This Protocol shall be open to accession by any coastal State of the South-East Pacific by unanimous invitation of the High Contracting Parties.
Accession shall be effected by deposit of the relevant instruments with the Executive Secretariat which shall communicate it to the High Contracting Parties.
This Protocol shall enter into force for an acceding State 60 days after the deposit of the relevant instrument.
Article XIX Reservations
No reservations to this Protocol shall be admissible.
DONE in seven identical copies, one of which shall be deposited with the General Secretariat of the Permanent Commission of the South Pacific, all being equally authentic for the purposes of implementation and interpretation.
IN WITNESS WHEREOF the Plenipotentiaries, duly authorized for the purpose by their respective Governments, have signed this Protocol at Paipa, Colombia, on 21 September 1989.
