Protocol Amending The Convention For The Prevention Of Marine Pollution By Dumping From Ships And Aircraft

Filename: 1989-Protocol-1972-MarinePollutionDumpingShipsAircraft.EN.txt
Source: B7 p. 989:06; ECOLEX-3017

Protocol amending the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft

Source: B7 p. 989:06; ECOLEX-3017

The States Parties to the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft, done at Oslo on 15 February 1972 (hereinafter referred to as "the Convention") ;

Recalling that the Convention calls upon the Contracting Parties to harmonize their policies and measures to prevent the pollution of the sea by dumping;

Noting that the provisions of the Convention for the Prevention of Marine Pollution from Land-Based Sources, done at Paris on 4 June 1974, cover not only the high seas and the territorial seas but also the internal waters of Contracting Parties;

Being desirous of bringing the geographical coverage of the two Conventions into closer alignment;

Desiring to ensure that the aims of the Convention will be achieved, in internal waters which are situated adjacent to the territorial sea to which the Convention applies;

Wishing to improve the protection of the marine environment;

Resolving that the Convention should be amended for this purpose;

Have agreed as follows:

Article I

Article 2 of the Convention shall be amended to read as follows:

'The present Convention shall apply to the maritime area within the following limits:

a) those parts of the Atlantic and Arctic Oceans and the dependent seas which lie north of 36° north latitude and between 42° west longitude and 51° east longitude, but excluding:

(i) the Baltic Sea and Belts lying to the south and east of lines drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbierg and from Gilbjerg to the Kullen, and

(ii) the Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36° north latitude and the meridian of 5°36' west longitude;

b) that part of the Atlantic Ocean north of 59° north latitude and between 44° west longitude and 42° west longitude."

Article II

Article 15 (1) (c) of the Convention shall be amended to read as follows:

"c) by ships and aircraft believed to be engaged in dumping within its internal waters or within its territorial sea."

Article III

Article 15 (2) of the Convention shall be amended to read as follows:

"Each Contracting Party undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services to report to its authorities any incidents or conditions on the high seas or in that part of the sea beyond and adjacent to the territorial sea under its jurisdiction in accordance with international law which give rise to suspicions that dumping in contravention of the provisions of the present Convention has occurred or is about to occur. That Contracting Party shall, if it considers it appropriate, report accordingly to any other Contracting Party concerned."

Article IV

The following paragraph shall be added to Article 19 of the Convention:

"4) 'Maritime area' means that part of the internal waters of a Contracting Party designated by that Contracting Party for the purpose of this Convention, the territorial sea of a Contracting Party, that part of the sea beyond and adjacent to the territorial sea under the jurisdiction of a Contracting Party in accordance with international law, and the high seas."

Article V

Article 22 of this Convention shall be amended to read as follows:

"This Convention, as amended by the Protocols opened for signature on 2 March 1983 and on 5 December 1989, shall be open for accession by any State referred to in Article 20. The Contracting Parties may unanimously invite other States to accede to the Convention as amended. The instruments of accession shall be deposited with the Government of Norway."

Article VI

This Protocol shall be open for signature at Oslo from 5 December 1989 until 5 March 1990 by the States which are Parties to the Convention on the date of the opening for signature of this Protocol.

Article VIl

This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of Norway.

Article VIII

This Protocol shall be open for accession by any State referred to in Article 22 of the Convention which has not signed this Protocol. The instruments of accession shall be deposited with the Government of Norway.

Article IX

1) This Protocol shall enter into force on the first day of the second month following the date on which all States referred to in Article VI of this Protocol shall have deposited their instrument of ratification, acceptance, approval or accession.

2) For any State acceding to this Protocol after its entry into force, this Protocol shall enter into force on the first day of the second month following the date on which that State shall have deposited its instrument of accession.

Article X

The depositary Government shall inform the Contracting Parties to the Convention of signatures of this Protocol and of the deposit of instruments of ratification, acceptance, approval or accession, in accordance with Articles VI, VII and VIII.

Article XI

The original of this Protocol, of which the English and French texts are equally authentic, shall be deposited with the Government of Norway, which shall send certified copies thereof to the Contracting Parties to the Convention. It shall transmit a certified copy to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

Done at Oslo, this fifth day of December 1989.