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防止倾倒废物及其他物质污染海洋的公约(一)

2006-05-18 17:34   我要纠错 | 打印 | 收藏 | | |

防止倾倒废物及其他物质污染海洋的公约
CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OFWASTES AND OTHER MATTER

颁布日期:19721229  实施日期:19850906  颁布单位:联合国

  The Contracting Parties to this Convention,

  Recognizing that the marine environment and the living organisms whichit supports are of vital importance to humanity, and all people have aninterest in assuring that it is so managed that its quality and resourcesare not impaired;

  Recognizing that the capacity of the sea to assimilate wastes andrender them harmless, and its ability to regenerate natural resources, isnot unlimited;

  Recognizing that States have, in accordance with the Charter of theUnited Nations and the principles of international law, the sovereignright to exploit their own resources pursuant to their own environmentalpolicies, and the responsibility to ensure that activities within theirjurisdiction or control do not cause damage to the environment of otherStates or of areas beyond the limits of national jurisdiction;

  Recalling Resolution 2749 (XXV) of the General Assembly of the UnitedNations on the principles governing the sea-bed and the ocean floor andthe subsoil thereof, beyond the limits of national jurisdiction;

  Noting that marine pollution originates in many sources, such asdumping and discharges through the atmosphere, rivers, estuaries, outfallsand pipelines, and that it is important that States use the bestpracticable means to prevent such pollution and develop products andprocesses which will reduce the amount of harmful wastes to be disposedof;

  Being convinced that international action to control the pollution ofthe sea by dumping can and must be taken without delay but that thisaction should not preclude discussion of measures to control other sourcesof marine pollution as soon as possible; and

  Wishing to improve protection of the marine environment by encouragingStates with a common interest in particular geographical areas to enterinto appropriate agreements supplementary to this Convention;

  Have agreed as follows:

  Article I

  Contracting Parties shall individually and collectively promote theeffective control of all sources of pollution of the marine environment,and pledge themselves especially to take all practicable steps to preventthe pollution of the sea by the dumping of waste and other matter that isliable to create hazards to human health, to harm living resources andmarine life, to damage amenities or to interfere with other legitimateuses of the sea.

  Article II

  Contracting Parties shall, as provided for in the following Articles,take effective measures individually, according to their scientific,technical and economic capabilities, and collectively, to prevent marinepollution caused by dumping and shall harmonize their policies in thisregard.

  Article III

  For the purposes of this Convention:

  1. (a) “Dumping” means:

  (i) any deliberate disposal at sea of wastes or other matterfrom 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) the disposal at sea of wastes or other matter incidentalto, or derived from the normal operations of vessels, aircraft, platforms,or other man-made structures at sea and their equipment, other than wastesor other matter transported by or to vessels, aircraft, platforms orother man-made structures at sea, operating for the purpose of disposal ofsuch matter or derived from the treatment of such wastes or other matteron such vessels, aircraft, platforms or structures;

  (ii) placement of matter for a purpose other than the meredisposal thereof, provided that such placement is not contrary to the aimsof this Convention.

  (c) The disposal of wastes or other matter directly arising from,or related to the exploration, exploitation and associated off-shoreprocessing of sea-bed mineral resources will not be covered by theprovisions of this Convention.

  2. “Vessels and aircraft” means waterborne or airborne craft of anytype whatsoever. This expression includes air cushioned craft and floatingcraft, whether self-propelled or not.

  3. “Sea” means all marine waters other than the internal waters ofStates.

  4. “Wastes or other matter” means material and substance of any kind,from or description.

  5. “Special permit” means permission granted specifically onapplication in advance and accordance with Annex II and Annex III.

  6. “General permit” means permission granted in advance and inaccordance with Annex III.

  7. “The Organization” means the Organization designated by theContracting Parties in accordance with Article XIV (2)。

  Article IV

  1. In accordance with the provisions of this Convention ContractingParties shall prohibit the dumping of any wastes or other matter inwhatever form or condition except as otherwise specified below:

  (a) the dumping of wastes or other matter listed in Annex I isprohibited;

  (b) the dumping of wastes or other matter listed in Annex IIrequires a prior special permit;

  (c) the dumping of all other wastes or matter requires a priorgeneral permit.

  2. Any permit shall be issued only after careful consideration of allthe factors set forth in Annex III, including prior studies of thecharacteristics of the dumping site, as set forth in Sections B and C ofthat Annex.

  3. No provision of this Convention is to be interpreted as preventinga Contracting Party from prohibiting, insofar as that Party is concerned,the dumping of wastes or other matter not mentioned in Annex I. That Partyshall notify such measures to the Organization.

  Article V

  1. The provisions of Article IV shall not apply when it is necessaryto secure the safety of human life or of vessels, aircraft, platforms orother man-made structures at sea in cases of force majeure caused bystress of weather, or in any case which constitutes a danger to human lifeor a real threat to vessels, aircraft, platforms or other man-madestructures at sea, if dumping appears to be the only way of averting thethreat and if there is every probability that the damage consequent uponsuch dumping will be less than would otherwise occur. Such dumping shallbe so conducted as to minimize the likelihood of damage to human or marinelife and shall be reported forthwith to the Organization.

  2. A Contracting Party may issue a special permit as an exception toArticle IV (1) (a), in emergencies, posing unacceptable risk relating tohuman health and admitting no other feasible solution. Before doing so theParty shall consult any other country or countries that are likely to beaffected and the Organization which, after consulting other Parties, andinternational organizations as appropriate, shall, in accordance withArticle XIV promptly recommend to the Party the most appropriateprocedures to adopt. The Party shall follow these recommendations to themaximum extent feasible consistent with the time within which action mustbe taken and with the general obligation to avoid damage to the marineenvironment and shall inform the Organization of the action it takes. TheParties pledge themselves to assist one another in such situations.

  3. Any Contracting Party may waive its rights under paragraph (2) atthe time of, or subsequent to ratification of, or accession to thisConvention.

  Article VI

  1. Each Contracting Party shall designate an appropriate authority orauthorities to:

  (a) issue special permits which shall be required prior to, andfor, the dumping of matter listed in Annex II and in the circumstancesprovided for in Article V (2);

  (b) issue general permits which shall be required prior to, andfor, the dumping of all other matter;

  (c) keep records of the nature and quantities of all matterpermitted to be dumped and the location, time and method of dumping;

  (d) monitor individually, or in collaboration with other Partiesand competent international organizations, the condition of the seas forthe purposes of this Convention.

  2. The appropriate authority or authorities of a Contracting Partyshall issue prior special or general permits in accordance with paragraph(1) in respect of matter intended for dumping:

  (a) loaded in its territory;

  (b) loaded by a vessel or aircraft registered in its territory orflying its flag, when the loading occurs in the territory of a State notparty to this Convention.

  3. In issuing permits under sub-paragraphs (1) (a) and (b) above, theappropriate authority or authorities shall comply with Annex III, togetherwith such additional criteria, measures and requirements as they mayconsider relevant.

  4. Each Contracting Party, directly or through a Secretariatestablished under a regional agreement, shall report to the Organization,and where appropriate to other Parties, the information specified insub-paragraphs (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 shallbe agreed by the Parties in consultation.

  Article VII

  1. Each Contracting Party shall apply the measures required toimplement the present Convention to all;

  (a) vessels and aircraft registered in its territory or flying itsflag;

  (b) vessels and aircraft loading in its territory or territorialseas matter which is to be dumped;

  (c) vessels and aircraft and fixed or floating platforms under itsjurisdiction believed to be engaged in dumping.

  2. Each Party shall take in its territory appropriate measures toprevent and punish conduct in contravention of the provisions of thisConvention.

  3. The Parties agree to co-operate in the development of proceduresfor the effective application of this Convention particularly on the highseas, including procedures for the reporting of vessels and aircraftobserved dumping in contravention of the Convention.

  4. this Convention shall not apply to those vessels and aircraftentitled to sovereign immunity under international law. However, eachParty shall ensure by the adoption of appropriate measures that suchvessels and aircraft owned or operated by it act in a manner consistentwith the object and purpose of this Convention, and shall inform theOrganization accordingly.

  5. Nothing in this Convention shall affect the right of each Party toadopt other measures, in accordance with the principles of internationallaw, to prevent dumping at sea.

  Article VIII

  In order to further the objectives of this Convention, the ContractingParties with common interests to protect in the marine environment in agiven geographical area shall endeavour, taking into accountcharacteristic regional features, to enter into regional agreementsconsistent with this Convention for the prevention of pollution,especially by dumping. The Contracting Parties to the present Conventionshall endeavour to act consistently with the objectives and provisions ofsuch regional agreements, which shall be notified to them by theOrganization. Contracting parties shall seek to co-operate with theParties to regional agreements in order to develop harmonized proceduresto be followed by Contracting Parties to the different conventionsconcerned. Special attention shall be given to co-operation in the fieldof monitoring and scientific research.

  Article IX

  The Contracting Parties shall promote, through collaboration withinthe Organization and other international bodies, support for those Partieswhich request it for:

  (a) the training of scientific and technical personnel;

  (b) the supply of necessary equipment and facilities for researchand monitoring;

  (c) the disposal and treatment of waste and other measures toprevent or mitigate pollution caused by dumping;

  preferably within the countries concerned, so furthering the aims andpurposes of this Convention.

  Article X

  In accordance with the principles of international law regarding Stateresponsibility for damage to the environment of other States or to anyother area of the environment, caused by dumping of wastes and othermatter of all kinds, the Contracting Parties undertake to developprocedures for the assessment of liability and the settlement of disputesregarding dumping.

  Article XI

  [ See amendments adopted on October 12, 1978 reproduced after thetext of the Convention.]

  The Contracting Parties shall at their first consultative meetingconsider procedures for the settlement of disputes concerning theinterpretation and application of this Convention.

  Article XII

  The Contracting Parties pledge themselves to promote, within thecompetent specialized agencies and other international bodies, measures toprotect the marine environment against pollution caused by:

  (a) hydrocarbons, including oil, and their wastes;

  (b) other noxious or hazardous matter transported by vessels forpurposes other than dumping;

  (c) wastes generated in the course of operation of vessels,aircraft, platforms and other man-made structures at sea;

  (d) radio-active pollutants from all sources, including vessels;

  (e) agents of chemical and biological warfare;

  (f) wastes or other matter directly arising from, or related tothe exploration, exploitation and associated off-shore processing ofsea-bed mineral resources.

  The Parties will also promote, within the appropriate internationalorganization, the codification of signals to be used by vessels engaged indumping.

  Article XIII

  Nothing in this Convention shall prejudice the codification anddevelopment of the law of the sea by the United Nations Conference on theLaw of the Sea convened pursuant to Resolution 2750C (XXV) of the GeneralAssembly of the United Nations nor the present or future claims and legalviews of any State concerning the law of the sea and the nature and extentof coastal and flag State jurisdiction. The Contracting Parties agree toconsult at a meeting to be convened by the Organization after the Law ofthe Sea Conference, and in any case not later than 1976, with a view todefining the nature and extent of the right and the responsibility of acoastal State to apply the Convention in a zone adjacent to its coast.

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