Amendments To The Protocol For The Prevention Of Pollution Of The Mediterranean Sea By Dumping From Ships And Aircraft
Source: http://193.41.36.136/bazeul/MP/2002/026/B/52863014.htm and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:21999A1214(04):EN:NOT
A. TITLE
The title of the Protocol is amended as follows:
Protocol For The Prevention And Elimination Of Pollution Of The Mediterranean Sea By Dumping From Ships And Aircraft Or Incineration At Sea
B. PREAMBULAR PARAGRAPHS
The second preambular paragraph of the Protocol is amended as follows:
Recognising the danger posed to the marine environment by the dumping or incineration of wastes or other matter, The fourth preambular paragraph of the Protocol is amended as follows:
Bearing in mind that Chapter 17 of Agenda 21 of UNCED calls on the Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London, 1972) to take the necessary measures to end dumping in the ocean and the incineration of hazardous substances, The following paragraph is added to the Preamble:
Taking into account Resolutions LC 49(16) and LC 50(16), approved by the 16th Consultative Meeting of the 1972 London Convention, which prohibit the dumping and incineration of industrial wastes at sea,
C. ARTICLE 1
Article 1 is amended as follows: The Contracting Parties to this Protocol (hereinafter to as "the Parties") shall take all appropriate measures to prevent, abate and eliminate to the fullest extent possible pollution of the Mediterranean Sea caused by dumping from ships and aircraft or incineration at sea.
D. ARTICLE 2
Article 2 is amended as follows:
The area to which this Protocol applies shall be the Mediterranean Sea Area as defined in Article 1 of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (hereinafter referred to as "the Convention")
E. ARTICLE 3
The following new subparagraphs are added to Article 3:
3 (c) Any deliberate disposal or storage and burial of wastes or other matter on the seabed or in the marine subsoil from ships or aircraft.
4 (bis) (renumbered as 5) "Incineration at sea" means the deliberate combustion of wastes or other matter in the maritime waters of the Mediterranean Sea, with the aim of thermal destruction and does not include activities incidental to the normal operations of ships or aircraft.
Paragraph 5 is renumbered as paragraph 6.
F. ARTICLE 4
Article 4 is amended as follows:
1. The dumping of wastes or other matter, with the exception of those listed in paragraph 2 of this Article, is prohibited.
2. The following is the list referred to in the preceding paragraph:
a) dredged material;
b) fish waste or organic materials from the processing of fish and other marine organisms;
c) vessels, until 31 December 2000;
d) platforms and other man-made structures at sea, provided that material capable of creating floating debris or otherwise contributing to pollution of the marine environment has been removed to the maximum extent, without prejudice to the provisions of the Protocol concerning Pollution Resulting from Exploration and Exploitation of the Continental Shelf, the Seabed and its Subsoil.
e) inert uncontaminated geological materials the chemical constituents of which are unlikely to be released into the marine environment.
G. ARTICLE 5
Article 5 is amended as follows:
The dumping of the wastes or other matter listed in Article 4.2 requires a prior special permit from the competent national authorities.
H. ARTICLE 6
Article 6 is amended as follows:
1. The permit referred to in Article 5 shall be issued only after careful consideration of the factors set forth in the Annex to this Protocol or the criteria, guidelines and relevant procedures adopted by the meeting of the Contracting Parties pursuant to paragraph 2 below:
2. The Contracting Parties shall draw up and adopt criteria, guidelines and procedures for the dumping of wastes or other matter listed in Article 4.2 so as to prevent, abate and eliminate pollution.
I. ARTICLE 7
Article 7 is amended as follows:
Incineration at sea is prohibited.
J. ARTICLE 9
Article 9 is amended as follows:
If a Party in a critical situation of an exceptional nature considers that wastes or other matter not listed in Article 4.2 of this Protocol cannot be disposed of on land without unacceptable danger or damage, above all for the safety of human life, the Party concerned shall forthwith consult the Organization. The Organization, after consulting the Parties to this Protocol, shall recommend methods of storage or the most satisfactory means of destruction or disposal under the prevailing circumstances. The Party shall inform the Organization of the steps adopted in pursuance of these recommendations. The Parties pledge themselves to assist one another in such situations.
K. ARTICLE 10
Subparagraph 1(a) of Article 10 is amended as follows:
(a) issue the permits provided for in Article 5;
Subparagraph 1(b) of Article 10 is deleted.
Subparagraph 1(c) is renumbered as subparagraph 1(b).
Paragraph 2 is amended as follows:
2.
The competent authorities of each Party shall issue the permits provided for in Article 5 in respect of the wastes or other matter intended for dumping:
L. ARTICLE 11
Paragraph 2 of Article 11 is deleted.
M. ARTICLE 14
Paragraph 3 of Article 14 is amended as follows:
3.
The adoption of amendments to the Annex to this Protocol pursuant to Article 17 of the Convention shall require a three-fourths majority vote of the Parties.
N. ANNEX I
Annex I is deleted.
O. ANNEX II
Annex II is deleted.
P. ANNEX III
Annex III is changed to Annex and is amended as follows:
ANNEX
The factors to be considered in establishing criteria governing the issue of permits for the dumping of matter at sea taking into account Article 6 include:
A. CHARACTERISTICS AND COMPOSITION OF THE MATTER
1. Total amount and average compositions of matter dumped (e.g. per year)
2. Form (e.g. solid, sludge, liquid or gaseous)
3. Properties: physical (e.g. solubility and density), chemical and biochemical (e.g. oxygen demand, nutrients) and biological (e.g. presence of viruses, bacteria, yeasts, parasites).
4. Toxicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and biotransformation in biological materials or sediments.
7. Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other dissolved organic and inorganic materials.
8. Probability of production of taints or other changes reducing marketability of resources (fish, shellfish, etc.).
B. CHARACTERISTICS OF DUMPING SITE AND METHOD OF DEPOSIT
1. Location (e.g. coordinates of the dumping area, depth and distance from the coast), location in relation to other areas (e.g. amenity areas, spawning, nursery and fishing areas and exploitable resources).
2. Rate of disposal per specific period (e.g. quantity per day, per week, per month)
3. Methods of packaging and containment, if any.
4. Initial dilution achieved by proposed method of release, particularly the speed of the ship.
5. Dispersal characteristics (e.g. effects of currents, tides and wind on horizontal transport and vertical mixing)
6. Water characteristics (e.g. temperature, pH, salinity, stratification, oxygen indices of pollution-dissolved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD), nitrogen present in organic and mineral form, including ammonia, suspended matter, other nutrients and productivity).
7. Bottom characteristics (e.g. topography, geochemical and geological characteristics and biological productivity).
8. Existence and effects of other dumping, the Contracting Parties shall endeavour to determine whether an adequate scientific basis exists for assessing the consequences of such dumping in the area concerned in accordance with the foregoing provisions and taking into account seasonal variations.
C. GENERAL CONSIDERATIONS AND CONDITIONS
1. Possible effects on amenities (e.g. presence of floating or stranded material, turbidity, objectionable odour, discolouration and foaming).
2. Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, sea-weed harvesting and culture.
3. Possible effects on other uses of the sea (e.g. impairment of water quality for industrial use, underwater corrosion of structures, interference with ship operations from floating materials, interference with fishing or navigation through deposit of waste or solid objects on the sea floor and protection of areas of special importance for scientific or conversation purposes).
4. The practical availability of alternative land-based methods of treatment, disposal or elimination or of treatment to render the matter less harmful for sea dumping.
