BH1012.txt (32 ILM 1069)

Convention for the Protection of the Marine Environment of the North East Atlantic (1992)

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.

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;

(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;

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;

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;

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.

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.

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;

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

-- 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;

(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.

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;

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;

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;

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;

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;

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;

regional organisations and other competent international

organisations and competent bodies with a view to incorporating the