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:
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.
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 a 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 or 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 Article 6 and 7.
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 Article 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:
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.
a) by ships and aircrafts
registered in its territory;
b) by ships and aircraft 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.
b) by ships and aircraft 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.
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.
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:
2. "Ships and aircraft" means seagoing vessels and air-borne craft, floating craft whether self-propelled or not, and fixed or floating platforms.
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.
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.
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 receipt.
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 signatures to this
Convention, of the deposit of instruments of
ratification or accesion, 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.
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.
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.
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:
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 wastes 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) 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.
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 wastes 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.
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
2. Characteristics of dumping site and method of deposit
3. General considerations and conditions
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.)
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).
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.
b) In applying these principles the practical availability of alternative means of disposal or elimination will be taken into consideration.
