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防止倾倒废物及其他物质污染海洋的公约(四)

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  Article 7

  A Tribunal established under the provisions of this Appendix shalldecide its own rules of procedure.

  Article 8

  1. Unless a Tribunal consists of a single arbitrator, decisions of theTribunal as to its procedure, its place of meeting, and any questionrelated to the dispute laid before it, shall be taken by majority vote ofits members. However, the absence or abstention of any member of theTribunal who was nominated by a party to the dispute shall not constitutean impediment to the Tribunal reaching a decision. In case of equalvoting, the vote of the Chairman shall be decisive.

  2. The parties to the dispute shall facilitate the work of theTribunal and in particular shall, in accordance with their legislation andusing all means at their disposal:

  (i) provide the Tribunal with all necessary documents andinformation;

  (ii) enable the Tribunal to enter their territory, to hearwitnesses or experts, and to visit the scene.

  3. The failure of a party to the dispute to comply with the provisionsof paragraph (2) of this Article shall not preclude the Tribunal fromreaching a decision and rendering an award.

  Article 9

  1. The Tribunal shall render its award within five months from thetime it is established unless it finds it necessary to extend that timelimit for a period not to exceed five months. The award of the Tribunalshall be accompanied by a statement of reasons for the decision. It shallbe final and without appeal and shall be communicated to the SecretaryGeneral of the Organization who shall inform the Contracting Parties. Theparties to the dispute shall immediately comply with the award.

  2. AMENDMENTS TO ANNEXES TO THE CONVENTION ON THE PREVENTION OFMARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER CONCERNING INCINE-RATION AT SEA (1978)

  The following paragraph shall be added to Annex I:

  10. Paragraphs 1 and 5 of this Annex do not apply to the disposal ofwastes or other matter referred to in these paragraphs by means ofincineration at sea. Incineration of such wastes or other matter at searequires a prior special permit. In the issue of special permits forincineration the Contracting Parties shall apply the Regulations for theControl of Incineration of Wastes and Other Matter at Sea set forth in theAddendum to this Annex (which shall constitute an integral part of thisAnnex) and take full account of the Technical Guidelines on the Control ofIncineration of Wastes and Other Matter at Sea adopted by the ContractingParties in consultation.

  The following paragraph shall be added to Annex II.

  E. In the issue of special permits for the incineration of substancesand materials listed in this Annex, the Contracting Parties shall applythe Regulations for the Control of Incineration of Wastes and Other Matterat Sea set forth in the Addendum to Annex I and take full account of theTechnical Guidelines on the Control of Incineration of Wastes and OtherMatter at Sea adopted by the Contracting Parties in consultation, to theextent specified in these Regulations and Guidelines.

  ADDENDUM REGULATIONS FOR THE CONTROL OF INCINERATION OF WASTES ANDOTHER MATTER AT SEA

  PART I

  Regulation 1 Definitions

  For the purposes of this Addendum:

  (1) “Marine incineration facility” means a vessel, platform, orother man-made structure operating for the purpose of incineration at sea.

  (2) “Incineration at sea” means the deliberate combustion ofwastes or other matter on marine incineration facilities for the purposeof their thermal destruction. Activities incidental to the normaloperation of vessels, platforms or other man-made structures are excludedfrom the scope of this definition.

  Regulation 2 Application

  (1) Part II of these Regulations shall apply to the following wastesor other matter:

  (a) those referred to in paragraph 1 of Annex I;

  (b) pesticides and their by-products not covered in Annex I.

  (2) Contracting Parties shall first consider the practicalavailability of alternative landbased methods of treatment, disposal orelimination, or of treatment to render the wastes or other matter lessharmful, before issuing a permit for incineration at sea in accordancewith these Regulations. Incineration at sea shall in no way be interpretedas discouraging progress towards environmentally better solutionsincluding the development of new techniques.

  (3) Incineration at sea of wastes or other matter referred to inparagraph 10 of Annex I and paragraph E of Annex II, other than thosereferred to in paragraph (1) of this Regulation, shall be controlled tothe satisfaction of the Contracting Party issuing the special permit.

  (4) Incineration at sea of wastes or other matter not referred to inparagraphs (1) and (3) of this Regulation shall be subject to a generalpermit.

  (5) In the issue of permits referred to in paragraphs (3) and (4) ofthis Regulation, the Contracting Parties shall take full account of allapplicable provisions of these Regulations and the Technical Guidelines onthe Control of Incineration of Waste and Other Matter at Sea for the wastein question.

  PART II

  Regulation 3 Approval and Surveys of the Incineration System

  (1) The incineration system for every proposed marine incinerationfacility shall be subject to the surveys specified below. In accordancewith Article V II (1) of the Convention, the Contracting Party whichproposes to issue an incineration permit shall ensure that the surveys ofthe marine incineration facility to be used have been completed and theincineration system complies with the provisions of these Regulations. Ifthe initial survey is carried out under the direction of a ContractingParty a special permit, which specifies the testing requirements, shall beissued by the Party. The results of each survey shall be recorded in asurvey report.

  (a) An initial survey shall be carried out in order to ensure thatduring the incineration of waste and other matter combustion anddestruction efficiencies are in excess of 99.9 per cent.

  (b) As a part of the initial survey the State under whosedirection the survey is being carried out shall:

  (i) approve the siting, type and manner of use of temperaturemeasuring devices;

  (ii) approve the gas sampling system including probelocations, analytical devices, and the manner of recording;

  (iii) ensure that approved devices have been installed toautomatically shut off the feed of waste to the incinerator if thetemperature drops below approved minimum temperatures;

  (iv) ensure that there are no means of disposing of wastes orother matter from the marine incineration facility except by means of theincinerator during normal operations;

  (v) approve the devices by which feed rates of waste and fuelare controlled and recorded;

  (vi) confirm the performance of the incineration system bytesting under intensive stack monitoring, including the measurements ofO , CO, CO , halogenated organic content, and total hydrocarbon content 2 2 using wastes typical of those expected to be incinerated.

  (c) The incineration system shall be surveyed at least every twoyears to ensure that the incinerator continues to comply with theseRegulations. The scope of the biennial survey shall be based upon anevaluation of operating data and maintenance records for the previous twoyears.

  (2) Following the satisfactory completion of a survey, a form ofapproval shall be issued by a Contracting Party if the incineration systemis found to be in compliance with these Regulations. A copy of the surveyreport shall be attached to the form of approval. A form of approvalissued by a Contracting Party shall be recognized by other ContractingParties unless there are clear grounds for believing that the incinerationsystem is not in compliance with these Regulations. A copy of each form ofapproval and survey report shall be submitted to the Organization.

  (3) After any survey has been completed, no significant changes whichcould affect the performance of the incineration system shall be madewithout approval of the Contracting Party which has issued the form ofapproval.

  Regulation 4 Wastes Requiring Special Studies

  (1) Where a Contracting Party has doubts as to the thermaldestructibility of the wastes or other matter proposed for incineration,pilot scale tests shall be undertaken.

  (2) Where a Contracting Party proposes to permit incineration ofwastes or other matter over which doubts as to the efficiency ofcombustion exist, the incineration system shall be subject to the sameintensive stack monitoring as required for the initial incineration systemsurvey. Consideration shall be given to the sampling of particulate,taking into account the solid content of the wastes.

  (3) The minimum approved flame temperature shall be that specified inRegulation 5 unless the results of tests on the marine incinerationfacility demonstrate that the required combustion and destructionefficiency can be achieved at a lower temperature.

  (4) The results of special studies referred to in paragraphs (1), (2)and (3) of this Regulation shall be recorded and attached to the surveyreport. A copy shall be sent to the Organization.

  Regulation 5 Operational Requirements

  (1) The operation of the incineration system shall be controlled so asto ensure that the incineration of wastes or other matter does not takeplace at a flame temperature less than 1,250 degrees centigrade, except asprovided for in Regulation 4.

  (2) The combustion efficiency shall be at least 99.95 ±0.05% basedon:

                              |--------------------|
   | Cco - Cco |
   | 2 |
   Combustion efficiency = | ------------------ | × 100
   | Cco |
   | 2 |
   |--------------------|
   |-----|
   where | Cco | =concentration of carbon dioxide in the combustion gases
   | 2|
   |-----|
  

  Cco = concentration of carbon monoxide in the combustion gases.

  (3) There shall be no black smoke nor flame extension above the planeof the stack.

  (4) The marine incineration facility shall reply promptly to radiocalls at all times during the incineration.

  Regulation 6 Recording Devices and Records

  (1) Marine incineration facilities shall utilize recording devices ormethods as approved under Regulation 3. As a minimum, the following dateshall be recorded during each incineration operation and retained forinspection by the Contracting Party who has issued the permit:

  (a) continuous temperature measurements by approved temperaturemeasuring devices;

  (b) date and time during incineration and record of waste beingincinerated;

  (c) vessel position by appropriate navigational means;

  (d) feed rates of waste and fuel-for liquid wastes and fuel theflow rate shall be continuously recorded; the latter requirement does notapply to vessels operating on or before January 1, 1979;

                     |-----|
   (e) CO and | CO | concentration in combustion gases;
   | 2 |
   |-----|
  

  (f) vessel's course and speed.

  (2) Approval forms issued, copies of survey reports prepared inaccordance with Regulation 3 and copies of incineration permits issued forthe wastes or other matter to be incinerated on the facility by aContracting Party shall be kept at the marine incineration facility.

  Regulation 7 Control over the Nature of Wastes Incinerated

  A permit application for the incineration of wastes or other matter atsea shall include information on the characteristics of wastes or othermatter sufficient to comply with the requirements of Regulation 9.

  Regulation 8 Incineration Sites

  (1) Provisions to be considered in establishing criteria governing theselection of incineration sites shall include, in addition to those listedin Annex III to the Convention, the following:

  (a) the atmospheric dispersal characteristics of thearea-including wind speed and direction, atmospheric stability, frequencyof inversions and fog, precipitation types and amounts, humidity-in orderto determine the potential impact on the surrounding environment ofpollutants released from the marine incineration facility, givingparticular attention to the possibility of atmospheric transport ofpollutants to coastal areas;

  (b) oceanic dispersal characteristics of the area in order toevaluate the potential impact of plume interaction with the water surface;

  (c) availability of navigational aids.

  (2) The co-ordinates of permanently designated incineration zonesshall be widely disseminated and communicated to the Organization.

  Regulation 9 Notification

  Contracting Parties shall comply with notification procedures adoptedby the Parties in consultation.

  3. AMENDMENT OF THE LISTS OF SUBSTANCES CONTAINED IN ANNEXES I ANDIITO THE LONDON DUMPING CONVENTION (1980)

  Paragraph 5 of Annex I shall be amended as follows:

  “5 Crude oil and its wastes, refined petroleum products, petroleumdistillate residues, and any mixtures containing any of these, taken onboard for the purpose of dumping.”

  The following paragraph shall be added to Annex II:

  “F Substances which, though of a non-toxic nature, may become harmfuldue to the quantities in which they are dumped, or which are liable toseriously reduce amenities.”

  4. AMENDMENT TO ANNEX III TO THE LONDON DUMPING CONVENTION (1990)

  The following paragraph shall be added to Annex III, Section A:

  “9. In issuing a permit for dumping, Contracting Parties shouldconsider whether an adequate scientific basis exists concerningcharacteristics and composition of the matter to be dumped to assess theimpact of the matter on marine life and on human health.”,

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