Convention
for the prevention of marine pollution by dumping from ships and aircraft
Oslo,
15 February 1972
The
Contracting Parties
Recognizing
that the marine environment and the living resources which it supports are
of vital importance to all nations;
Mindful
that the ecological equilibrium and the legitimate uses of the sea are increasingly
threatened by pollution;
Recognizing
that concerted action by Governments at national, regional and global levels
is essential to prevent and combat marine pollution;
Noting
that this pollution has many sources, including dumping from ships and aircraft
and discharges through rivers, estuaries, outfalls and pipelines within national
jurisdiction, that it is important that states use the best practicable means
to prevent such pollution, and that products and processes which will minimize
the amount of harmful waste requiring disposal should be developed;
Being
convinced that international action to control the pollution of the sea by
the dumping of harmful substances from ships and aircraft can and should be
taken without delay, but that this action should not preclude discussion of
measures to control other sources of marine pollution as soon as possible;
Considering
that the states bordering the North-East Atlantic have a peculiar responsibility
to protect that waters of this region;
Have
agreed as follows:
Article
1
The
Contracting Parties pledge themselves to take all possible steps to prevent
the pollution of the sea by substances that are liable to create hazards to
human health, to harm living resources and marine life, to damage amenities
or to interfere with other legitimate uses of the sea.
Article
2
The
area to which the Convention applies shall be the high seas and the territorial
sea which are situated:
a)
within those parts of the Atlantic and Arctic Oceans and their dependent seas
which lie north of 36 deg north latitude and between 42 deg west longitude
and 51 deg 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 Gilbierg Head to
the Kullen, and
(ii)
the Mediterranean Sea and its dependent seas as far as the point of intersection
of the parallel of 36 deg north latitude and the meridian of 5 deg 36 min
west longitude.
b)
within that part of Atlantic Ocean north of 59 deg north latitude and between
44 deg West longitude and 42 deg west longitude.
Article
3
The
Contracting Parties agree to apply measures which they adopt in such way as
to prevent the diversion of dumping of harmful substances into seas outside
the area to which this Convention applies.
Article
4
The
Contracting Parties shall harmonize their policies and introduce, individually
and in common, measures to prevent the pollution of the sea by dumping by
from ships and aircraft.
Article
5
The
dumping of the substances listed in Annex 1 of this Convention is prohibited.
Article
6
No
waste containing such quantities of the substances and materials listed in
Annex II to this Convention as the Commission established under the provisions
of Article 16, hereinafter referred to as "the Commission", shall define as
significant, shall be dumped without a specific permit in each case from the
appropriate national authority or authorities. When such permits are issued,
the provisions of Annexes II and III of this Convention shall be applied.
Article
7
No
substance or material shall be dumped without the approval of the appropriate
national authority or authorities. When such approval is granted, the provision
of Annex III to this Convention shall be applied.
Article
8
1.
The provisions of Articles 5, 6 and 7 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 ship or aircraft is threatened. Such dumping shall immediately be
reported to the Commission, together with full details of the circumstances
and of the nature and quantities of the substances and materials dumped.
2.
The provisions of Article 5 shall not apply where these substances occur as
trace contaminants in waste to which they have not been added for the purpose
of being dumped. However, such dumping shall remain subject to Articles 6
and 7.
Article
9
If
a Contracting Party in an emergency considers that a substance listed in Annex
I to this Convention cannot be disposed of on land without unacceptable danger
or damage, the Contracting Party concerned shall forthwith consult the Commission.
The Commission shall recommend 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 in pursuance of its
recommendation. The Contracting Parties pledge themselves to assist one another
in such situations.
Article
10
The
composition of the waste shall be ascertained by the appropriate national
authority or authorities in accordance with the provisions of Annex III to
this Convention before any permit or approval for the dumping of waste at
sea is issued.
Article
11
Each
Contracting Party shall keep, and transmit to the Commission, according to
a standard procedure, records of the nature and the quantities of the substances
and materials dumped under permits or approvals issued by that contracting
Party, and of the dates, places and methods of dumping.
Article
12
The
Contracting Parties agree to establish complementary or joint programmes of
scientific and technical research, including research on alternative methods
of disposal of harmful substances, and to transmit to each other the information
so obtained. In doing so they will have regard to the work carried out by
the appropriate international organizations and agencies.
Article
13
The
Contracting Parties agree to institute, in co-operation with appropriate international
organizations and agencies, complementary or joint programmes for monitoring
the distribution and effects of pollutants in the area to which this Convention
applies.
Article
14
The
Contracting Parties pledge themselves to promote, within the competent specialized
agencies and other international bodies, measures concerning the protection
of the marine environment against pollution caused by oil and oil wastes,
other noxious or hazardous cargoes, and radioactive materials.
Article
15
1.
Each Contracting Party undertakes to ensure compliance with the provisions
of this Convention:
a)
by ships and aircrafts registered in its territory;
b)
by ships and aircrafts loading in its territory the substances and materials
which are to be dumped;
c)
by ships and aircraft believed to be engaged in dumping within its territorial
sea.
2.
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 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.
3.
Each Contracting Party shall take in its territory appropriate measures to
prevent and punish conduct in contravention of the provisions of this Convention.
4.
The Contracting Parties undertake to assist one another as appropriate in
dealing with pollution incidents involving dumping at sea, and to exchange
information on methods of dealing with such incidents.
5.
The Contracting Parties further agree to work together in the development
of co-operative procedures for the application of the Convention, particularly
on the high seas.
6.
Nothing in this Convention shall abridge sovereign immunity to which certain
vessels are entitled under international law.
Article
16
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.
Article
17
It
shall be the duty of the Commission:
a)
To exercise overall supervision over the implementation of this Convention;
b)
To receive and consider the records of permits and approvals issued and of
dumping which has taken place, as provided for in Articles 8, 9 and 11 of
this Convention, and to define the standard procedure to be adopted for this
purpose;
c)
To review generally the condition of the seas within the area to which this
Convention applies, the efficacy of the control measures being adopted, and
the need for any additional or different measures;
d)
To keep under review the contents of the Annexes to this Convention, and to
recommend such amendments, additions or deletions as may be agreed;
e)
To discharge such other functions as may be appropriate under the terms of
this Convention.
Article
18
1.
The Commission shall draw up its own Rules of Procedure which shall be adopted
by unanimous vote. The Government of Norway shall call the first meeting of
the Commission as soon as practicable after the coming into force of this
Convention.
2.
Recommendations for modification of the Annexes to this Convention in accordance
with Article 17(d) shall be adopted by a unanimous vote in the Commission,
and the modification contained therein shall enter into force after unanimous
approval by the Governments of the Contracting Parties.
Article
19
For
the purpose of this Convention:
1.
"Dumping" means any deliberate disposal of substances and materials into the
sea by or from ships or aircraft other than:
a)
any discharge incidental to or derived from the normal operation of ships
and aircraft and their equipment;
b)
the placing of substances and materials for a purpose other than mere disposal
thereof, is not contrary to the aim of this Convention.
2.
"Ships and aircraft" means seagoing vessels and air-borne craft, floating
craft whether self-propelled or not, and fixed or floating platforms.
Article
20
This
Convention shall be open for signature at Oslo until 15 August 1972 by the
States invited to participate in the Conference on Marine Pollution, held
there from 19 to 22 October 1971.
Article
21
This
Convention shall be subject to ratification. The instruments of ratification
shall be deposited with the Government of Norway.
Article
22
This
Convention 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. The instruments of accession shall be deposited with the
Government of Norway.
Article
23
1.
This Convention shall enter into force on the thirtieth day following the
date of deposit of the seventh instrument of ratification or accession.
2.
For each State ratifying or acceding to the Convention after the deposit of
the seventh instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after deposit by such State of its instrument
of ratification or accession.
Article
24
At
any time after two years from the date on which this Convention has come into
force with respect to a Contracting Party, that Party may withdraw from the
Convention by means of a notice in writing addressed to the depositary Government.
Any such withdrawal shall take effect twelve months after the date of its
respect.
Article
25
A conference
for the purpose of revising or amending this Convention may be convened by
the depositary Government at the request of the Commission adopted by a two-thirds
majority.
Article
26
The
depositary Government shall inform the Contracting Parties and the States
referred to in
Article 20:
a)
of signature to this Convention, of the deposit of instruments of ratification
or accession, and of the receipt of a notice of withdrawal, in accordance
with Articles 20, 21, 22 and 24.
b)
of the date on which this Convention will come into force in accordance with
Article 23;
c)
of the receipt of notification of approval relating to modifications of the
Annexes to this Convention and of the entry into force of such modifications
in accordance with Article 18.
Article
27
The
original of this Convention, 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 and to the States referred
to in Article 20, and which 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 by their respective
Governments, have signed this Convention.
Done
at Oslo, the fifteenth day of February 1972.
Annex
I
The
following substances are listed for the purposes of Article 5 of the Convention:
1.
Organohalogen compounds and compounds which may form such substances in the
marine environment, excluding those which are non-toxic, or which are rapidly
converted in the sea into substances which are biologically harmless;
2.
Organosilicon compounds and compounds which may form such substances in the
marine environment, excluding those which are non-toxic, or which are rapidly
converted in the sea substances which are biologically harmless;
3.
Substances which have been agreed between the Contracting Parties as likely
to be carcinogenic under the conditions of disposal;
4.
Mercury and mercury compounds;
5.
Cadmium and cadmium compounds;
6.
Persistent plastics and other persistent synthetic materials which may float
or remain in suspension in the sea, and which may seriously interfere with
fishing or navigation, reduce amenities, or interfere with other legitimate
uses of the sea.
Annex
II
1.
The following substances and materials requiring special care are listed for
the purposes of Article 6:
a)
Arsenic, lead, copper, zinc and their compounds, cyanides, and fluorides,
and pesticides and their by-products not covered by the provisions of Annex
I;
b)
Containers, scrap metal, tar-like substances liable to sink to the sea bottom
and other bulky wastes which may present a serious obstacle to fishing or
navigation;
c)
Substances which, though of a non-toxic nature, may become harmful due to
the quantities in which they are dumped, or which are liable to seriously
reduce amenities.
2.
The substances and materials listed under paragraph 1(b) above should always
be deposited in deep water.
3.
In the issuance of permits or approvals for the dumping of large quantities
of acids and alkalis consideration should be given to the possible presence
in such waste of the substances listed in paragraph I above.
4.
When, in the application of the provisions of Annexes II and III, it is considered
necessary to deposit waste in deep water, this should be done only when the
following two conditions are both fulfilled:
a)
that the depth is not less than 2000 metres,
b)
that the distance from the nearest land is not less than 150 nautical miles.
Annex
III
Provisions
governing the issue of permits and approvals for the dumping of wastes at
sea.
1.
Characteristics of the waste
a)
Amount and composition
b)
Amount of substances and materials to be deposited per day (per week, per
month);
c)
Form in which it is presented for dumping, i.e. whether as a solid, sludge
or liquid;
d)
Physical (especially solubility and specific gravity), chemical, bio-chemical
(oxygen demand, nutrient production) and biological properties (presence of
viruses, bacteria, yeasts, parasites, etc.);
e)
Toxicity;
f)
Persistence;
g)
Accumulation in biological materials or sediments;
h)
Chemical and physical changes of the waste after release, including possible
formation of new compounds;
i)
Probability of production of taints reducing marketability of resources (fish,
shellfish, etc.)
2.
Characteristics of dumping site and method of deposit
a)
Geographical position, depth and distance from coast;
b)
Location in relation to living resources in adult or juvenile phases;
c)
Location in relation to amenity areas;
d)
Methods of packing, if any;
e)
Initial dilution achieved by proposed method of release;
f)
Dispersal, horizontal transport and vertical mixing characteristics;
g)
Existence and effects of current and previous discharges and dumping in the
area (including accumulative effects).
3.
General considerations and conditions
a)
Interference with shipping, fishing, recreation mineral extraction, desalination,
fish and shellfish culture, areas of special scientific importance and other
legitimate use of the sea;
b)
In applying these principles the practical availability of alternative means
of disposal or elimination will be taken into consideration.