IMO IA532E-2003 London Convention 1972 (1996 Protocol).pdf

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1、onvention 1 I 2003 Edition INTERNATIONAL MARITIME ORGANIZATION London, 2003 First published in 1Y72 by the INTERNATIONAL MARITIME OllGANlZATION 4 Albert Einbankment, London SE1 7SK Second edition, 2003 Irinted by the International Maritime Organization, London 2 4 6 8 10 9 7 5 3 1 SUN 92-801-4155-4

2、r IMOPUBLICATION I I Sales number: IA532E Copyright 0 IMO 2003 All rights reserved. No pari ofthis publication may be nsprodrrccd, stored in a retrieval system or transmitted in any Jown or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior p

3、ermission in wntingjom the International Maritime Organization. Foreword The London Convention 1972 The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention 1972) was adopted at the Inter-Governmental Conference on the Convention on the Dump

4、ing of Wastes at Sea convened in London honi 30 October to 13 November 1972, at the invitation of the Government of the United Kingdom and Northern Ireland. The London Convention 1972 entered into force on 30 August 1975, 30 days after the deposit of the fifteenth instrument of ratification or acces

5、sion. As at January 2003, 78 States were Contracting Parties to the London Convention 1972. The Third Consultative Meeting of Contracting Parties in 1978, the Fifth Consultative Meeting in 1980, the Twelfth Consultative Meeting in 1989, and the Sixteenth Consultative Meeting in 1993 adopted amendmen

6、ts to the annexes to the Convention. These amendments entered into force on 13 March 1979, on 11 March 1981, on 19 May 1990, and on 20 February 1994, respectively, for all Contracting Parties which had not deposited a declaration of objection with the Organization in accordance with article XV(2). T

7、his publication contains the text of the London Convention 1972, incorporating the above-mentioned amendments to the annexes. The 1996 Protocol to the London Convention 1972 The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (1 996 P

8、rotocol) was adopted at the Special Meeting of Contracting Parties to the London Convention 1972 convened in London from 28 October to 8 November 1996, at the invitation of the International Maritime Organization. Pursuant to article 25, the 1996 Protocol shall enter into force on the 30th day follo

9、wing the date on which 26 States have deposited their instruments of ratification or accession, among which have to be at least 15 Contracting Parties to the London Convention 1972. As at January 2003, 16 Contracting States had ratified or acceded to the 1996 Protocol, among which were 13 Contractin

10、g Parties to the London Convention 1972. Upon entry into force of the 1996 Protocol, it will supersede the London Convention 1972 for those Contracting Parties to the Protocol which are also Contracting Parties to the Convention. This publication contains the text of the 1996 Protocol to the London

11、Convention 1972. . 111 Con tents London Convention 1972 Annex I . Annex I1 Annex I11 . 1996 Protocol to the London Convention 1972 . Annex 1 . . Annex 2 Annex 3 1 10 12 13 15 30 31 35 V CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972 THE CONTRACTING PARTI

12、ES TO THIS CONVENTION, RECOGNIZING that the marine environment and the living organisms which it supports are ofvital importance to humanity, and all people have an interest in assuring that it is so managed that its quality and resources are not impaired; RECOGNIZING that the capacity of the sea to

13、 assimilate wastes and render them harmless, and its ability to regenerate natural resources, is not unlimited; RECOGNIZING that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to t

14、heir own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction; RECALLING resolution 2749(XXV) of the General Assembly of the United N

15、ations on the principles governing the sea-bed and the ocean floor and the subsoil thereof, beyond the limits of national jurisdiction; NOTING that marine pollution originates in many sources, such as dumping and discharges through the atmosphere, rivers, estuaries, outfalls and pipelines, and that

16、it is important that States use the best practicable means to prevent such pollution and develop products and processes which will reduce the aniount of harmful wastes to be disposed of; BEING CONVINCED that international action to control the pollution of the sea by dumping can and must be taken wi

17、thout delay but that this action should not preclude discussion of measures to control other source of marine pollution as soon as possible; and WISHING to improve protection of the marine environment by encouraging States with a common interest in particular geographical areas to enter into appropr

18、iate agreements supplementary to this Convention; HAVE AGREED as follows: Article I Contracting Parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment, and pledge themselves especially to take all practicable steps to prevent t

19、he pollution of 1 London Convention 1972 the sea by the dumping of waste and other matter that is 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 I1 Contracting Parties shall, as pr

20、ovided for in the following articles, take effective measures individually, according to their scientific, technical and economic capabilities, and collectively, to prevent marine pollution caused by dumping and shall harmonize their policies in this regard. Article I11 For the purposes of this Conv

21、ention: . 1 (a) Dumping means: (i) any deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea; (ii) any deliberate disposal at sea of vessels, aircraft, platforms or other man-made structures at sea. (b) Dumping does not include: (i

22、) the disposal at sea of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structur

23、es at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures; (ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary t

24、o the aims of this Convention. (c) The disposal of wastes or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources will not be covered by the provisions of this Convention. 2 Vexsels and aircraft means waterbo

25、rne or airborne craft of any type whatsoever. This expression includes air cushioned craft and floating craft, whether self-propelled or not. 3 4 description. 5 advance and in accordance with annex I1 and annex 111. Sea means all marine waters other than the internal waters of States. Wastes or othe

26、r matter means material and substance ofany kind, form or Special permit means permission granted specifically on application in 2 Articles I. 11. Ill. IT/. V 6 with annex 111. 7 tracting Parties in accordance with article XIV(2). General permit means permission granted in advance and in accordance

27、The Organization means the Organization designated by the Con- Article IV 1 In accordance with the provisions of this Convention, Contracting Parties shall prohibit the dumping of any wastes or other matter in whatever form or condition except as otherwise specified below: (a) the dumping of wastes

28、or other matter listed in annex I is prohibited; (b) the dumping ofwastes or other matter listed in annex I1 requires a prior special permit; (c) the dumping of all other wastes or matter requires a prior general perm1 t. 2 Any permit shall be issued only after careful consideration of all the facto

29、rs set forth in annex 111, including prior studies of the characteristics of the dumping site, as set forth in sections B and C of that annex. 3 No provision of this Convention is to be interpreted as preventing a Contracting Party from prohibiting, insofar as that Party is concerned, the dumping of

30、wastes or other matter not mentioned in annex I. That Party shall notitjr such measures to the organization. Article V 1 The provisions of articlc IV shall not apply when it is necessary to secure the safety of human life or of vessels, aircraft, platforms or other man-made structures at sea in case

31、s offorce nzajetrre caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels, aircraft, platforms or other man-made structures at sea, if dumping appears to be the only way of averting the threat and if there is every probability that the damag

32、e consequent upon such dumping will be less than would otherwise occur. Such dumping shall be so conducted as to minimize the likelihood of damage to human or marine life and shall be reported forthwith to the Organization. 2 A Contracting Party may issue a special permit as an exception to article

33、IV(l)(a), in emergencies, posing unacceptable risk relating to human health and admitting no other feasible solution. Before doing so the Party shall consult any other country or countries that are likely to be affected and the Organization which, after consulting other Parties, and international or

34、ganizations as appropriate, shall, in accordance with article XIV promptly recommend to the Party the most appropriate procedures to adopt. The Party shall follow these recommendations to the maximum extent feasible consistent with the time within which action must be taken and with the general obli

35、gation to avoid daniagc to the marine environment and shall inform the Organization of the action it takes. The Parties pledge themselves to assist one another in such situations. 3 London Coriventioii 1972 3 Any Contracting Party niay waive its rights under paragraph (2) at the time of, or subseque

36、nt to ratification of, or accession to this Convention. Article VI 1 authorities to: Each Contracting Party shall designate an appropriate authority or (a) issuc special permits which shall be required prior to, and for, the dumping of matter listed in aniicx I1 and in the circumstances provided for

37、 in article V(2); (b) issue general permits which shall be required prior to, and for, the dumping of all other matter; (c) keep records ofthe nature and quantities ofall matter permitted to be dumpcd and the location, time and method of dumping; (d) monitor individually, or in collaboration with ot

38、her Parties and competent international organizations, the condition of the seas for the purposcs of this Convention. 2 The appropriate authority or authorities of a Contracting Party shall issue prior special or general permits in accordance with paragraph (1) in respect of matter intended for dump

39、ing: (a) loaded in its territory; (b) loaded by a vessel or aircraft registered in its territory or flying its flag, when the loading occurs in the territory ofa State not party to this Convention. 3 In issuing pcrnmits under subparagraphs (l)(a) and (b) above, the appropriate authority or authoriti

40、es shall comply with annex 111, together with such additional criteria, measures and requirenmcnts as they niay consider relevant. 4 Each Contracting Party, directly or through a Secretariat established under a regional agreenicnt, shall report to the Organization, and where appropriate to other Par

41、tics, the information specified in subparagraphs (c) and (d) of paragraph (1) above, and the criteria, measures and requirements it adopts in accordance with paragraph (3) above. The procedure to be followed and the nature of such reports shall be agreed by the Parties in consultation. Article VI I

42、1 Each Contracting Party shall apply the measures required to implement the present Convention to all: (a) vessels and aircraft regstered in its territory or flying its flag; (b) vessels and aircraft loading in its territory or territorial seas, matter which is to be dumped; (e) vessels and aircraft

43、 and fixed or floating platforms under its jurisdiction believed to be engaged in dumping. 4 I Article3 VI, VU, Vlll, IX 2 Each Party shall take in its tcrritory appropriate measures to prevent and punish conduct in contravention ofthe provisions of this Convention. 3 The Partics agree to co-operate

44、 in the development of procedures for the effective application of this Convention particularly on the high seas, including procedures for the reporting of vessels and aircraft observed dumping in contravention of the Convention. 4 This Convention shall not apply to those vessels and aircraft entitl

45、ed to sovereign immunity under international law. However, each Party shall ensure by the adoption of appropriate measures that such vessels and aircraft owned or operatcd by it act in a nianncr consistent with thc object and purpose of this Convention, and shall inform the Organization accordingly.

46、 5 Nothing in this Convcntion shall affect the right of cach Party to adopt other measures, in accordance with the principles of international law, to prevent dumping at sea. I Article VI11 In order to further the objectives of this Convcntion, the Contracting Parties with conimon interests to prote

47、ct in the marine environnient in a given geographical area shall endeavour, taking into account characteristic regional features, to enter into regional agrccments consistent with this Convention for the prevention of pollution, especially by dumping. The Contracting Parties to the present Conventio

48、n shall cndeavour to act consistently with the objectives and provisions of such regional agreements, which shall be notified to thcm by the Organization. Contracting Parties shall seek to co-operate with the Parties to regional agreements in order to develop harmonized proccdures to bc followcd by

49、Contracting Parties to the differcnt conventions concerned. Special attention shall be given to co-operation in the field of monitoring and scientific research. Article IX The Contracting Parties shall promote, through collaboration within the Organization and other international bodies, support for those Parties which requcst it for: (a) the training of scientific arid tcchnical personnel; (b) the supply of necessary equipment and facilitics for rescarch and monitoring; (c) the disposal and treatment ofwaste and other measures to prevent or mitigate pollution caused by dumping; preferably