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Convention for the Protection of the Marine Environment of the North East Atlantic

Done at Paris on 22 September 1992

THE CONTRACTING PARTIES,

RECOGNISING that the marine environment and the fauna and flora
which it supports are of vital importance to all nations;

RECOGNISING the inherent worth of the marine environment of the
North-East Atlantic and the necessity for providing coordinated
protection for it;

RECOGNISING that concerted action at national, regional and
global levels is essential to prevent and eliminate marine
pollution and to achieve sustainable management of the maritime
area, that is, the management of human activities in such a
manner that the marine ecosystem will continue to sustain the
legitimate uses of the sea and will continue to meet the needs
of present and future generations;

MINDFUL that the ecological equilibrium and the legitimate uses
of the sea are threatened by pollution;

CONSIDERING the recommendations of the United Nations Conference
on the Human Environment, held in Stockholm in June 1972;

CONSIDERING also the results of the United Nations Conference on
the Environment and Development held in Rio de Janeiro in June
1992;

RECALLING the relevant provisions of customary international law
reflected in Part XII of the United Nations Law of the Sea
Convention and, in particular, Article 197 on global and
regional cooperation for the protection and preservation of the
marine environment;

CONSIDERING that the common interests of States concerned with
the same marine area should induce them to cooperate at regional
or sub-regional levels;

RECALLING the positive results obtained within the context of
the Convention for the prevention of marine pollution by dumping
from ships and aircraft signed in Oslo on 15th February 1972, as
amended by the protocols of 2nd March 1983 and 5th December
1989, and the Convention for the prevention of marine pollution
from land-based sources signed in Paris on4th June 1974, as
amended by the protocol of 26th March 1986;

CONVINCED that further international action to prevent and
eliminate pollution of the sea should be taken without delay, as
part of progressive and coherent measures to protect the marine
environment;

RECOGNISING that it may be desirable to adopt, on the regional
level, more stringent measures with respect to the prevention
and elimination of pollution of the marine environment or with
respect to the protection of the marine environment against the
adverse effects of human activities than are provided for in
international conventions or agreements with a global scope;

RECOGNISING that questions relating to the management of
fisheries are appropriately regulated under international and
regional agreements dealing specifically with such questions;

CONSIDERING that the present Oslo ant Paris Conventions do not
adequately control some of the many sources of pollution, and
that it is therefore justifiable to replace them with the
present Convention, which addresses all sources of pollution of
the marine environment and the adverse effects of human
activities upon it, takes into account the precautionary
principle and strengthens regional cooperation;

HAVE AGREED as follows:

Article 1

DEFINITIONS

For the purposes of the Convention:

(a) "Maritime area" means the internal waters and the
territorial seas of the Contracting Parties, the sea beyond and
adjacent to the territorial sea under the jurisdiction of the
coastal state to the extent recognised by international law, and
the high seas, including the bed of all those waters and its
sub-soil, situated within the following limits:

(i) those parts of the Atlantic and Arctic Oceans and their
dependent seas which lie north of 36 degrees north latitude and
between 42 degrees west longitude and 51 degrees east longitude,
but excluding:

(1) the Baltic Sea and the Belts lying to the south and east of
lines drawn from Hasenore Head to Gniben Point, from Korshage to
Spodsbjerg and from Gilbjerg Head to Kullen,

(2) the Mediterranean Sea and its dependent seas as far as the
point of intersection of the parallel of 36 degrees north
latitude and the meridian of 5 degrees 36' west longitude;

(ii) that part of the Atlantic Ocean north of 59 degrees north
latitude and between 44 degrees west longitude and 42 degrees
west longitude.

(b) "Internal waters" means the waters on the landward side of
the baselines from which the breadth of the territorial sea is
measured, extending in the case of watercourses up to the
freshwater limit.

(c) "Freshwater limit" means the place in a watercourse where,
at lowtide and in a period of low freshwater flow, there is an
appreciable increase in salinity due to the presence of
seawater.

(d) "Pollution" means the introduction by man, directly or
indirectly, of substances or energy into the maritime area which
results, or is likely to result, in hazards to human health,
harm to living resources and marine ecosystems, damage to
amenities or interference with other legitimate uses of the sea.

(e) "Land-based sources" means point and diffuse sources on land
from which substances or energy reach the maritime area by
water, through the air, or directly from the coast. It includes
sources associated with any deliberate disposal under the
sea-bed made accessible from land by tunnel, pipeline or other
means and sources associated with man-made structures placed, in
the maritime area under the jurisdiction of a Contracting Party,
other than for the purpose of offshore activities.

(f) "Dumping" means

(i) any deliberate disposal in the maritime area of wastes or
other matter

(1) from vessels or aircraft;

(2) from offshore installations;

(ii) any deliberate disposal in the maritime area of

(1) vessels or aircraft;

(2) offshore installations and offshore pipelines.

(g) "Dumping" does not include:

(i) the disposal in accordance with the International Convention
for the Prevention of Pollution from Ships, 1973, as modified by
the Protocol of 1978 relating thereto, or other applicable
international law, of wastes or other matter incidental to, or
derived from, the normal operations of vessels or aircraft or
offshore installations other than wastes or other matter
transported by or to vessels or aircraft or offshore
installations for the purpose of disposal of such wastes or
other matter or derived from the treatment of such wastes or
other matter on such vessels or aircraft or offshore
installations;

(ii) placement of matter for a purpose other than the mere
disposal thereof, provided that, if the placement is for a
purpose other than that for which the matter was originally
designed or constructed, it is in accordance with the relevant
provisions of the Convention; and

(iii) for the purposes of Annex III, the leaving wholly or
partly in place of a disused offshore installation or disused
offshore pipeline, provided that any such operation takes place
in accordance with any relevant provision of the Convention and
with other relevant international law.

(h) "Incineration" means any deliberate combustion of wastes or
other matter in the maritime area for the purpose of their
thermal destruction.

(i) "Incineration" does not include the thermal destruction of
wastes or other matter in accordance with applicable
international law incidental to, or derived from the normal
operation of vessels or aircraft, or offshore installations
other than the thermal destruction of wastes or other matter on
vessels or aircraft or offshore installations operating for the
purpose of such thermal destruction.

(j) "Offshore activities" means activities carried out in the
maritime area for the purpose of the exploration, appraisal or
exploitation of liquid and gaseous hydrocarbons.

(k) "Offshore sources" means offshore installations and offshore
pipelines from which substances or energy reach the maritime
area.

(l) "Offshore installation" means any man-made structure, plant
or vessel or parts thereof, whether floating or fixed to the
seabed, placed within the maritime area for the purpose of
offshore activities.

(m) "Offshore pipeline" means any pipeline which has been placed
in the maritime area for the purpose of offshore activities.

(n) "Vessels or aircraft" means waterborne or airborne craft of
any type whatsoever, their parts and other fittings. This
expression includes air-cushion craft, floating craft whether
self-propelled or not, and other man-made structures in the
maritime area and their equipment, but excludes offshore
installations and offshore pipelines.

(o) "Wastes or other matter" does not include:

(i) human remains;

(ii) offshore installations;

(iii) offshore pipelines;

(iv) unprocessed fish and fish offal discarded from fishing
vessels.

(p) "Convention" means, unless the text otherwise indicates, the
Convention for the Protection of the Marine Environment of the
North-East Atlantic, its Annexes and Appendices.

(q) "Oslo Convention" means the Convention for the Prevention of
Marine Pollution by Dumping from Ships and Aircraft signed in
Oslo on 15thFebruary 1972, as amended by the protocols of 2nd
March 1983 and 5th December 1989.

(r) "Paris Convention" means the Convention for the Prevention
of Marine Pollution from Land-based Sources, signed in Paris on
4th June 1974, as amended by the protocol of 26th March 1986.

(s) "Regional economic integration organisation" means an
organisation constituted by sovereign States of a given region
which has competence in respect of matters governed by the
Convention and has been duly authorised, in accordance with its
internal procedures, to sign, ratify, accept, approve or accede
to the Convention.

Article 2

GENERAL OBLIGATIONS

1.(a) The Contracting Parties shall, in accordance with the
provisions of the Convention, take all possible steps to prevent
and eliminate pollution and shall take the necessary measures to
protect the maritime area against the adverse effects of human
activities so as to safeguard human health and to conserve
marine ecosystems and, when practicable, restore marine areas
which have been adversely affected.

(b) To this end Contracting Parties shall, individually and
jointly, adopt programmes and measures and shall harmonise their
policies and strategies.

2. The Contracting Parties shall apply:

(a) the precautionary principle, by virtue of which preventive
measures are to be taken when there are reasonable grounds for
concern that substances or energy introduced, directly or
indirectly, into the marine environment may bring about hazards
to human health, harm living resources and marine ecosystems,
damage amenities or interfere with other legitimate uses of the
sea, even when there is no conclusive evidence of a causal
relationship between the inputs and the effects;

(b) the polluter pays principle, by virtue of which the costs of
pollution prevention, control and reduction measures are to be
borne by the polluter.

3.(a) In implementing the Convention, Contracting Parties shall
adopt programmes and measures which contain, where appropriate,
time-limits for their completion and which take full account of
the use of the latest technological developments and practices
designed to prevent and eliminate pollution fully.

(b) To this end they shall:

(i) taking into account the criteria set forth in Appendix
1,define with respect to programmes and measures the application
of, inter alia,

- best available techniques

- best environmental practice

including, where appropriate, clean technology;

(ii) in carrying out such programmes and measures, ensure the
application of best available techniques and best environmental
practice as so defined, including, where appropriate, clean
technology.

4. The Contracting Parties shall apply the measures they adopt
in such a way as to prevent an increase in pollution of the sea
outside the maritime area or in other parts of the environment.

5. No provision of the Convention shall be interpreted as
preventing the Contracting Parties from taking, individually or
jointly, more stringent measures with respect to the prevention
and elimination of pollution of the maritime area or with
respect to the protection of the maritime area against the
adverse effects of human activities.

Article 3

POLLUTION FROM LAND-BASED SOURCES

The Contracting Parties shall take, individually and jointly,
all possible steps to prevent and eliminate pollution from
land-based sources in accordance with the provisions of the
Convention, in particular as provided for in Annex I.

Article 4

POLLUTION BY DUMPING OR INCINERATION

The Contracting Parties shall take, individually and jointly,
all possible steps to prevent and eliminate pollution by dumping
or incineration of wastes or other matter in accordance with the
provisions of the Convention, in particular as provided for in
Annex II.

Article 5

POLLUTION FROM OFFSHORE SOURCES

The Contracting Parties shall take, individually and jointly,
all possible steps to prevent and eliminate pollution from
offshore sources in accordance with the provisions of the
Convention, in particular as provided for in Annex III.

Article 6

ASSESSMENT OF THE QUALITY OF THE MARINE ENVIRONMENT

The Contracting Parties shall, in accordance with the provisions
of the Convention, in particular as provided for in Annex IV:

(a) undertake and publish at regular intervals joint assessments
of the quality status of the marine environment and of its
development, for the maritime area or for regions or subregions
thereof;

(b) include in such assessments both an evaluation of the
effectiveness of the measures taken and planned for the
protection of the marine environment and the identification of
priorities for action.

Article 7

POLLUTION FROM OTHER SOURCES

The Contracting Parties shall cooperate with a view to adopting
Annexes, in addition to the Annexes mentioned in Articles 3, 4,
5 and 6 above, prescribing measures, procedures and standards to
protect the maritime area against pollution from other sources,
to the extent that such pollution is not already the subject of
effective measures agreed by other international organisations
or prescribed by other international conventions.

Article 8

SCIENTIFIC AND TECHNICAL RESEARCH

1. To further the aims of the Convention, the Contracting
Parties shall establish complementary or joint programmes of
scientific or technical research and, in accordance with a
standard procedure, to transmit to the Commission:

(a) the results of such complementary, joint or other relevant
research;

(b) details of other relevant programmes of scientific and
technical research.

2. In so doing, the Contracting Parties shall have regard to the
work carried out, in these fields, by the appropriate
international organisations and agencies.

Article 9

ACCESS TO INFORMATION

1. The Contracting Parties shall ensure that their competent
authorities are required to make available the information
described in paragraph 2 of this Article to any natural or legal
person, in response to any reasonable request, without that
person's having to prove an interest, without unreasonable
charges, as soon as possible and at the latest within two
months.

2. The information referred to in paragraph 1 of this Article is
any available information in writing, visual, aural or data-base
form on the state of the maritime area, on activities or
measures adversely affecting or likely to affect it and on
activities or measures introduced in accordance with the
Convention.

3. The provisions of this Article shall not affect the right of
Contracting Parties, in accordance with their national legal
systems and applicable international regulations, to provide for
a request for such information to be refused where it affects:

(a) the confidentiality of the proceedings of public
authorities, international relations and national defence;

(b) public security;

(c) matters which are, or have been, sub judice, or under
enquiry (including disciplinary enquiries), or which are the
subject of preliminary investigation proceedings;

(d) commercial and industrial confidentiality, including
intellectual property;

(e) the confidentiality of personal data and/or files;

(f) material supplied by a third party without that party being
under a legal obligation to do so;

(g) material, the disclosure of which would make it more likely
that the environment to which such material related would be
damaged.

4. The reasons for a refusal to provide the information
requested must be given.

Article 10

COMMISSION

1. 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.

2. It shall be the duty of the Commission:

(a) to supervise the implementation of the Convention;

(b) generally to review the condition of the maritime area, the
effectiveness of the measures being adopted, the priorities and
the need for any additional or different measures;

(c) to draw up, in accordance with the General Obligations of
the Convention, programmes and measures for the prevention and
elimination of pollution and for the control of activities which
may, directly or indirectly, adversely affect the maritime area;
such programmes and measures may, when appropriate, include
economic instruments;

(d) to establish at regular intervals its programme of work;

(e) to set up such subsidiary bodies as it considers necessary
and to define their terms of reference;

(f) to consider and, where appropriate, adopt proposals for the
amendment of the Convention in accordance with Articles 15, 16,
17, 18, 19 and 27;

(g) to discharge the functions conferred by Articles 21 and 23
and such other functions as may be appropriate under the terms
of the Convention;

3. To these ends the Commission may, inter alia, adopt decisions
and recommendations in accordance with Article 13.

4. The Commission shall draw up its Rules of Procedure which
shall be adopted by unanimous vote of the Contracting Parties.

5. The Commission shall draw up its Financial Regulations which
shall be adopted by unanimous vote of the Contracting Parties.

Article 11

OBSERVERS

1. The Commission may, by unanimous vote of the Contracting
Parties, decide to admit as an observer:

(a) any State which is not a Contracting Party to the
Convention;

(b) any international governmental or any non-governmental
organisation the activities of which are related to the
Convention.

2. Such observers may participate in meetings of the Commission
but without the right to vote and may present to the Commission
any information or reports relevant to the objectives of the
Convention.

3. The conditions for the admission and the participation of
observers shall be set in the Rules of Procedure of the
Commission.

Article 12

SECRETARIAT

1. A permanent Secretariat is hereby established.

2. The Commission shall appoint an Executive Secretary and
determine the duties of that post and the terms and conditions
upon which it is to beheld.

3. The Executive Secretary shall perform the functions that are
necessary for the administration of the Convention and for the
work of the Commission as well as the other tasks entrusted to
the Executive Secretary by the Commission in accordance with its
Rules of Procedure and its Financial Regulations.

Article 13

DECISIONS AND RECOMMENDATIONS

1. Decisions and recommendations shall be adopted by unanimous
vote of the Contracting Parties. Should unanimity not be
attainable, and unless otherwise provided in the Convention, the
Commission may nonetheless adopt decisions or recommendations by
a three-quarters majority vote of the Contracting Parties.

2. A decision shall be binding on the expiry of a period of two
hundred days after its adoption for those Contracting Parties
that voted for it and have not within that period notified the
Executive Secretary in writing that they are unable to accept
the decision, provided that at the expiry of that period
three-quarters of the Contracting Parties have either voted for
the decision and not withdrawn their acceptance or notified the
Executive Secretary in writing that they are able to accept the
decision. Such a decision shall become binding on any other
Contracting Party which has notified the Executive Secretary in
writing that it is able to accept the decision from the moment
of that notification or after the expiry of a period of two
hundred days after the adoption of the decision, whichever is
later.

3. A notification under paragraph 2 of this Article to the
Executive Secretary may indicate that a Contracting Party is
unable to accept a decision insofar as it relates to one or more
of its dependent or autonomous territories to which the
Convention applies.

4. All decisions adopted by the Commission shall, where
appropriate, contain provisions specifying the timetable by
which the decision shall be implemented.

5. Recommendations shall have no binding force.

6. Decisions concerning any Annex or Appendix shall be taken
only by the Contracting Parties bound by the Annex or Appendix
concerned.

Article 14

STATUS OF ANNEXES AND APPENDICES

1. The Annexes and Appendices form an integral part of the
Convention.

2. The Appendices shall be of a scientific, technical or
administrative nature.

Article 15

AMENDMENT OF THE CONVENTION

1. Without prejudice to the provisions of paragraph 2 of Article
27 and to specific provisions applicable to the adoption or
amendment of Annexes or Appendices, an amendment to the
Convention shall be governed by the present Article.

2. Any Contracting Party may propose an amendment to the
Convention. The text of the proposed amendment shall be
communicated to the Contracting Parties by the Executive
Secretary of the Commission at least six months before the
meeting of the Commission at which it is proposed for adoption.
The Executive Secretary shall also communicate the proposed
amendment to the signatories to the Convention for information.

3. The Commission shall adopt the amendment by unanimous vote of
the Contracting Parties.

4. The adopted amendment shall be submitted by the Depositary
Government to the Contracting Parties for ratification,
acceptance or approval. Ratification, acceptance or approval of
the amendment shall be notified to the Depositary Government in
writing.

5. The amendment shall enter into force for those Contracting
Parties which have ratified, accepted or approved it on the
thirtieth day after receipt by the Depositary Government of
notification of its ratification, acceptance or approval by at
least seven Contracting Parties. Thereafter the amendment shall
enter into force for any other Contracting Party on the
thirtieth day after that Contracting Party has deposited its
instrument of ratification, acceptance or approval of the
amendment.

Article 16

ADOPTION OF ANNEXES

The provisions of Article 15 relating to the amendment of the
Convention shall also apply to the proposal, adoption and entry
into force of an Annex to the Convention, except that the
Commission shall adopt any Annex referred to in Article 7 by a
three-quarters majority vote of the Contracting Parties.

Article 17

AMENDMENT OF ANNEXES

1. The provisions of Article 15 relating to the amendment of the
Convention shall also apply to an amendment to an Annex to the
Convention, except that the Commission shall adopt amendments to
any Annex referred to in Articles3, 4, 5, 6 or 7 by a
three-quarters majority vote of the Contracting Parties bound by
that Annex.

2. If the amendment of an Annex is related to an amendment to
the Convention, the amendment of the Annex shall be governed by
the same provisions as apply to the amendment to the Convention.

Article 18

ADOPTION OF APPENDICES

1. If a proposed Appendix is related to an amendment to the
Convention or an Annex, proposed for adoption in accordance with
Article 15 or Article17, the proposal, adoption and entry into
force of that Appendix shall be governed by the same provisions
as apply to the proposal, adoption and entry into force of that
amendment.

2. If a proposed Appendix is related to an Annex to the
Convention, proposed for adoption in accordance with Article 16,
the proposal, adoption and entry into force of that Appendix
shall be governed by the same provisions as apply to the
proposal, adoption and entry into force of that Annex.

Article 19

AMENDMENT OF APPENDICES

1. Any Contracting Party bound by an Appendix may propose an
amendment to that Appendix. The text of the proposed amendment
shall be communicated to all Contracting Parties to the
Convention by the Executive Secretary of the Commission as
provided for in paragraph 2 of Article 15.

2. The Commission shall adopt the amendment to an Appendix by a
three-quarters majority vote of the Contracting Parties bound by
that Appendix.

3. An amendment to an Appendix shall enter into force on the
expiry of a period of two hundred days after its adoption for
those Contracting Parties which are bound by that Appendix and
have not within that period notified the Depositary Government
in writing that they are unable to accept that amendment,
provided that at the expiry of that period three-quarters of the
Contracting Parties bound by that Appendix have either voted for
the amendment and not withdrawn their acceptance or have
notified the Depositary Government in writing that they are able
to accept the amendment.

4. A notification under paragraph 3 of this Article to the
Depositary Government may indicate that a Contracting Party is
unable to accept the amendment insofar as it relates to one or
more of its dependent or autonomous territories to which the
Convention applies.

5. An amendment to an Appendix shall become binding on any other
Contracting Party bound by the Appendix which has notified the
Depositary Government in writing that it is able to accept the
amendment from the moment of that notification or after the
expiry of a period of two hundred days after the adoption of the
amendment, whichever is later.

6. The Depositary Government shall without delay notify all
Contracting Parties of any such notification received.

7. If the amendment of an Appendix is related to an amendment to
the Convention or an Annex, the amendment of the Appendix shall
be governed by the same provisions as apply to the amendment to
the Convention or that Annex.

Article 20

RIGHT TO VOTE

1. Each Contracting Party shall have one vote in the Commission.

2. Notwithstanding the provisions of paragraph 1 of this
Article, the European Economic Community and other regional
economic integration organisations, within the areas of their
competence, are entitled to a number of votes equal to the
number of their member States which are Contracting Parties to
the Convention. Those organisations shall not exercise their
right to vote in cases where their Member States exercise theirs
and conversely.

Article 21

TRANSBOUNDARY POLLUTION

1. When pollution originating from a Contracting Party is likely
to prejudice the interests of one or more of the other
Contracting Parties to the Convention, the Contracting Parties
concerned shall enter into consultation, at the request of any
one of them, with a view to negotiating a cooperation agreement.

2. At the request of any Contracting Party concerned, the
Commission shall consider the question and may make
recommendations with a view to reaching a satisfactory solution.

3. An agreement referred to in paragraph 1 of this Article may,
inter alia, define the areas to which it shall apply, the
quality objectives to be achieved and the methods for achieving
these objectives, including methods for the application of
appropriate standards and the scientific and technical
information to be collected.

4. The Contracting Parties signatory to such an agreement shall,
through the medium of the Commission, inform the other
Contracting Parties of its purport and of the progress made in
putting it into effect.

Article 22

REPORTING TO THE COMMISSION

The Contracting Parties shall report to the Commission at
regular intervals on:

(a) the legal, regulatory, or other measures taken by them for
the implementation of the provisions of the Convention and of
decisions and recommendations adopted thereunder, including in
particular measures taken to prevent and punish conduct in
contravention of those provisions;

(b) the effectiveness of the measures referred to in
subparagraph (a) of this Article;

(c) problems encountered in the implementation of the provisions
referred to in subparagraph (a) of this Article.

Article 23

COMPLIANCE

The Commission shall:

(a) on the basis of the periodical reports referred to in
Article 22 and any other report submitted by the Contracting
Parties, assess their compliance with the Convention and the
decisions and recommendations adopted thereunder;

(b) when appropriate, decide upon and call for steps to bring
about full compliance with the Convention, and decisions adopted
thereunder, and promote the implementation of recommendations,
including measures to assist a Contracting Party to carry out
its obligations.

Article 24

REGIONALISATION

The Commission may decide that any decision or recommendation
adopted by it shall apply to all, or a specified part, of the
maritime area and may provide for different timetables to be
applied, having regard to the differences between ecological and
economic conditions in the various regions and sub-regions
covered by the Convention.

Article 25

SIGNATURE

The Convention shall be open for signature at Paris from 22nd
September1992 to 30th June 1993 by:

(a) the Contracting Parties to the Oslo Convention or the Paris
Convention;

(b) any other coastal State bordering the maritime area;

(c) any State located upstream on watercourses reaching the
maritime area;

(d) any regional economic integration organisation having as a
member at least one State to which any of the subparagraphs (a)
to (c) of this Article applies.

Article 26

RATIFICATION, ACCEPTANCE OR APPROVAL

The Convention shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or
approval shall be deposited with the Government of the French
Republic.

Article 27

ACCESSIONS

1. After 30th June 1993, the Convention shall be open for
accession by the States and regional economic integration
organisations referred to in Article 25.

2. The Contracting Parties may unanimously invite States or
regional economic integration organisations not referred to in
Article 25 to accede to the Convention. In the case of such an
accession, the definition of the maritime area shall, if
necessary, be amended by a decision of the Commission adopted by
unanimous vote of the Contracting Parties. Any such amendment
shall enter into force after unanimous approval of all the
Contracting Parties on the thirtieth day after the receipt of
the last notification by the Depositary Government.

3. Any such accession shall relate to the Convention including
any Annex and any Appendix that have been adopted at the date of
such accession, except when the instrument of accession contains
an express declaration of non-acceptance of one or several
Annexes other than Annexes I, II, III and IV.

4. The instruments of accession shall be deposited with the
Government of the French Republic.

Article 28

RESERVATIONS

No reservation to the Convention may be made.

Article 29

ENTRY INTO FORCE

1. The Convention shall enter into force on the thirtieth day
following the date on which all Contracting Parties to the Oslo
Convention and all Contracting Parties to the Paris Convention
have deposited their instrument of ratification, acceptance,
approval or accession.

2. For any State or regional economic integration organisation
not referred to in paragraph 1 of this Article, the Convention
shall enter into force in accordance with paragraph 1 of this
Article, or on the thirtieth day following the date of the
deposit of the instrument of ratification, acceptance, approval
or accession by that State or regional economic integration
organisations, whichever is later.

Article 30

WITHDRAWAL

1. At any time after the expiry of two years from the date of
entry into force of the Convention for a Contracting Party, that
Contracting Party may withdraw from the Convention by
notification in writing to the Depositary Government.

2. Except as may be otherwise provided in an Annex other than
Annexes I to IV to the Convention, any Contracting Party may at
any time after the expiry of two years from the date of entry
into force of such Annex for that Contracting Party withdraw
from such Annex by notification in writing to the Depositary
Government.

3. Any withdrawal referred to in paragraphs 1 and 2 of this
Article shall take effect one year after the date on which the
notification of that withdrawal is received by the Depositary
Government.

Article 31

REPLACEMENT OF THE OSLO AND PARIS CONVENTIONS

1. Upon its entry into force, the Convention shall replace the
Oslo and Paris Conventions as between the Contracting Parties.

2. Notwithstanding paragraph 1 of this Article, decisions,
recommendations and all other agreements adopted under the Oslo
Convention or the Paris Convention shall continue to be
applicable, unaltered in their legal nature, to the extent that
they are compatible with, or not explicitly terminated by, the
Convention, any decisions or, in the case of existing
recommendations, any recommendations adopted thereunder.

Article 32

SETTLEMENT OF DISPUTES

1. Any disputes between Contracting Parties relating to the
interpretation or application of the Convention, which cannot be
settled otherwise by the Contracting Parties concerned, for
instance by means of inquiry or conciliation within the
Commission, shall at the request of any of those Contracting
Parties, be submitted to arbitration under the conditions laid
down in this Article.

2. Unless the parties to the dispute decide otherwise, the
procedure of the arbitration referred to in paragraph 1 of this
Article shall be in accordance with paragraphs 3 to 10 of this
Article.

3.(a) At the request addressed by one Contracting Party to
another Contracting Party in accordance with paragraph 1 of this
Article, an arbitral tribunal shall be constituted. The request
for arbitration shall state the subject matter of the
application including in particular the Articles of the
Convention, the interpretation or application of which is in
dispute.

(b) The applicant party shall inform the Commission that it has
requested the setting up of an arbitral tribunal, stating the
name of the other party to the dispute and the Articles of the
Convention the interpretation or application of which, in its
opinion, is in dispute. The Commission shall forward the
information thus received to all Contracting Parties to the
Convention.

4. The arbitral tribunal shall consist of three members: each of
the parties to the dispute shall appoint an arbitrator; the two
arbitrators so appointed shall designate by common agreement the
third arbitrator who shall be the chairman of the tribunal. The
latter shall not be a national of one of the parties to the
dispute, nor have his usual place of residence in the territory
of one of these parties, nor be employed by any of them, nor
have dealt with the case in any other capacity.

5.(a) If the chairman of the arbitral tribunal has not been
designated within two months of the appointment of the second
arbitrator, the President of the International Court of Justice
shall, at the request of either party, designate him within a
further two months' period.

(b) If one of the parties to the dispute does not appoint an
arbitrator within two months of receipt of the request, the
other party may inform the President of the International Court
of Justice who shall designate the chairman of the arbitral
tribunal within a further two months' period. Upon designation,
the chairman of the arbitral tribunal shall request the party
which has not appointed an arbitrator to do so within two
months. After such period, he shall inform the President of the
International Court of Justice who shall make this appointment
within a further two months' period.

6.(a) The arbitral tribunal shall decide according to the rules
of international law and, in particular, those of the
Convention.

(b) Any arbitral tribunal constituted under the provisions of
this Article shall draw up its own rules of procedure.

(c) In the event of a dispute as to whether the arbitral
tribunal has jurisdiction, the matter shall be decided by the
decision of the arbitral tribunal.

7.(a) The decisions of the arbitral tribunal, both on procedure
and on substance, shall be taken by majority voting of its
members.

(b) The arbitral tribunal may take all appropriate measures in
order to establish the facts. It may, at the request of one of
the parties, recommend essential interim measures of protection.

(c) If two or more arbitral tribunals constituted under the
provisions of this Article are seized of requests with identical
or similar subjects, they may inform themselves of the
procedures for establishing the facts and take them into account
as far as possible.

(d) The parties to the dispute shall provide all facilities
necessary for the effective conduct of the proceedings.

(e) The absence or default of a party to the dispute shall not
constitute an impediment to the proceedings.

8. Unless the arbitral tribunal determines otherwise because of
the particular circumstances of the case, the expenses of the
tribunal, including the remuneration of its members, shall be
borne by the parties to the dispute in equal shares. The
tribunal shall keep a record of all its expenses, and shall
furnish a final statement thereof to the parties.

9. Any Contracting Party that has an interest of a legal nature
in the subject matter of the dispute which may be affected by
the decision in the case, may intervene in the proceedings with
the consent of the tribunal.

10.(a) The award of the arbitral tribunal shall be accompanied
by a statement of reasons. It shall be final and binding upon
the parties to the dispute.

(b) Any dispute which may arise between the parties concerning
the interpretation or execution of the award may be submitted by
either party to the arbitral tribunal which made the award or,
if the latter cannot be seized thereof, to another arbitral
tribunal constituted for this purpose in the same manner as the
first.

Article 33

DUTIES OF THE DEPOSITARY GOVERNMENT

The Depositary Government shall inform the Contracting Parties
and the signatories to the Convention:

(a) of the deposit of instruments of ratification, acceptance,
approval or accession, of declarations of non-acceptance and of
notifications of withdrawal in accordance with Articles 26, 27
and 30;

(b) of the date on which the Convention comes into force in
accordance with Article 29;

(c) of the receipt of notifications of acceptance, of the
deposit of instruments of ratification, acceptance, approval or
accession and of the entry into force of amendments to the
Convention and of the adoption and amendment of Annexes or
Appendices, in accordance with Articles 15, 16, 17, 18 and 19.

Article 34

ORIGINAL TEXT

The original of the Convention, of which the French and English
texts shall be equally authentic, shall be deposited with the
Government of the French Republic which shall send certified
copies thereof to the Contracting Parties and the signatories to
the Convention and shall deposit a certified copy with the
Secretary General of the United Nations for registration and
publication in accordance with Article 102 of the United Nations
Charter.

IN WITNESS WHEREOF, the undersigned, being duly authorised by
their respective Governments, have signed this Convention.

DONE at Paris, on the twenty-second day of September 1992

ANNEX I

ON THE PREVENTION AND ELIMINATION OF POLLUTION FROM LAND-BASED
SOURCES

Article 1

1. When adopting programmes and measures for the purpose of this
Annex, the Contracting Parties shall require, either
individually or jointly, the use of

- best available techniques for point sources

- best environmental practice for point and diffuse sources

including, where appropriate, clean technology.

2. When setting priorities and in assessing the nature and
extent of the programmes and measures and their time scales, the
Contracting Parties shall use the criteria given in Appendix 2.

3. The Contracting Parties shall take preventive measures to
minimise the risk of pollution caused by accidents.

4. When adopting programmes and measures in relation to
radioactive substances, including waste, the Contracting Parties
shall also take account of:

(a) the recommendations of the other appropriate international
organisations and agencies;

(b) the monitoring procedures recommended by these international
organisations and agencies.

Article 2

1. Point source discharges to the maritime area, and releases
into water or air which reach and may affect the maritime area,
shall be strictly subject to authorisation or regulation by the
competent authorities of the Contracting Parties. Such
authorisation or regulation shall, in particular, implement
relevant decisions of the Commission which bind the relevant
Contracting Party.

2. The Contracting Parties shall provide for a system of regular
monitoring and inspection by their competent authorities to
assess compliance with authorisations and regulations of
releases into water or air.

Article 3

For the purposes of this Annex, it shall, inter alia, be the
duty of the Commission to draw up:

(a) plans for the reduction and phasing out of substances that
are toxic, persistent and liable to bioaccumulate arising from
land-based sources;

(b) when appropriate, programmes and measures for the reduction
of inputs of nutrients from urban, municipal, industrial,
agricultural and other sources.

ANNEX II

ON THE PREVENTION AND ELIMINATION OF POLLUTIONBY DUMPING OR
INCINERATION

Article 1

This Annex shall not apply to any deliberate disposal in the
maritime area of:

(a) wastes or other matter from offshore installations;

(b) offshore installations and offshore pipelines.

Article 2

Incineration is prohibited.

Article 3

1. The dumping of all wastes or other matter is prohibited,
except for those wastes or other matter listed in paragraphs 2
and 3 of this Article.

2. The list referred to in paragraph 1 of this Article is as
follows:

(a) dredged material;

(b) inert materials of natural origin, that is solid, chemically
unprocessed geological material the chemical constituents of
which are unlikely to be released into the marine environment;

(c) sewage sludge until 31st December 1998;

(d) fish waste from industrial fish processing operations;

(e) vessels or aircraft until, at the latest, 31st December
2004.

3.(a)The dumping of low and intermediate level radioactive
substances, including wastes, is prohibited.

(b) As an exception to subparagraph 3(a) of this Article, those
Contracting Parties, the United Kingdom and France, who wish to
retain the option of an exception to subparagraph 3(a) in any
case not before the expiry of a period of 15 years from 1st
January 1993,shall report to the meeting of the Commission at
Ministerial level in1997 on the steps taken to explore
alternative land-based options.

(c) Unless, at or before the expiry of this period of 15 years,
the Commission decides by a unanimous vote not to continue the
exception provided in subparagraph 3(b), it shall take a
decision pursuant to Article 13 of the Convention on the
prolongation for a period of 10 years after 1st January 2008 of
the prohibition, after which another meeting of the Commission
at the Ministerial level shall be held. Those Contracting
Parties mentioned in subparagraph 3(b) of this Article still
wishing to retain the option mentioned in subparagraph 3(b)
shall report to the Commission meetings to be held at
Ministerial level at two yearly intervals from 1999 onwards
about the progress in establishing alternative land-based
options and on the results of scientific studies which show that
any potential dumping operations would not result in hazards to
human health, harm to living resources or marine ecosystems,
damage to amenities or interference with other legitimate uses
of the sea.

Article 4

1. The Contracting Parties shall ensure that:

(a) no wastes or other matter listed in paragraph 2 of Article 3
of this Annex shall be dumped without authorisation by their
competent authorities, or regulation;

(b) such authorisation or regulation is in accordance with the
relevant applicable criteria, guidelines and procedures adopted
by the Commission in accordance with Article 6 of this Annex;

(c) with the aim of avoiding situations in which the same
dumping operation is authorised or regulated by more than one
Contracting Party, their competent authorities shall, as
appropriate, consult before granting an authorisation or
applying regulation.

2. Any authorisation or regulation under paragraph 1 of this
Article shall not permit the dumping of vessels or aircraft
containing substances which result or are likely to result in
hazards to human health, harm to living resources and marine
ecosystems, damage to amenities or interference with other
legitimate uses of the sea.

3. Each Contracting Party shall keep, and report to the
Commission records of the nature and the quantities of wastes or
other matter dumped in accordance with paragraph 1 of this
Article, and of the dates, places and methods of dumping.

Article 5

No placement of matter in the maritime area for a purpose other
than that for which it was originally designed or constructed
shall take place without authorisation or regulation by the
competent authority of the relevant Contracting Party. Such
authorisation or regulation shall be in accordance with the
relevant applicable criteria, guidelines and procedures adopted
by the Commission in accordance with Article 6 of this Annex.
This provision shall not be taken to permit the dumping of
wastes or other matter otherwise prohibited under this Annex.

Article 6

For the purposes of this Annex, it shall, inter alia, be the
duty of the Commission to draw up and adopt criteria, guidelines
and procedures relating to the dumping of wastes or other matter
listed in paragraph 2 of Article 3, and to the placement of
matter referred to in Article 5, of this Annex, with a view to
preventing and eliminating pollution.

Article 7

The provisions of this Annex concerning dumping 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 vessel or aircraft
is threatened. Such dumping shall be so conducted as to minimise
the likelihood of damage to human or marine life and shall
immediately be reported to the Commission, together with full
details of the circumstances and of the nature and quantities of
the wastes or other matter dumped.

Article 8

The Contracting Parties shall take appropriate measures, both
individually and within relevant international organisations, to
prevent and eliminate pollution resulting from the abandonment
of vessels or aircraft in the maritime area caused by accidents.
In the absence of relevant guidance from such international
organisations, the measures taken by individual Contracting
Parties should be based on such guidelines as the Commission may
adopt.

Article 9

In an emergency, if a Contracting Party considers that wastes or
other matter the dumping of which is prohibited under this Annex
cannot be disposed of on land without unacceptable danger or
damage, it shall forthwith consult other Contracting Parties
with a view to finding the most satisfactory 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 following this consultation.
The Contracting Parties pledge themselves to assist one another
in such situations.

Article 10

1. Each Contracting Party shall ensure compliance with the
provisions of this Annex:

(a) by vessels or aircraft registered in its territory;

(b) by vessels or aircraft loading in its territory the wastes
or other matter which are to be dumped or incinerated;

(c) by vessels or aircraft believed to be engaged in dumping or
incineration within its internal waters or within its
territorial sea or within that part of the sea beyond and
adjacent to the territorial sea under the jurisdiction of the
coastal state to the extent recognised by international law.

2. Each Contracting Party shall issue instructions to its
maritime inspection vessels and aircraft and to other
appropriate services to report to its authorities any incidents
or conditions in the maritime area which give rise to suspicions
that dumping in contravention of the provisions of the present
Annex has occurred or is about to occur. Any Contracting Party
whose authorities receive such a report shall, if it considers
it appropriate, accordingly inform any other Contracting Party
concerned.

3. Nothing in this Annex shall abridge the sovereign immunity to
which certain vessels are entitled under international law.

ANNEX III

ON THE PREVENTION AND ELIMINATIONOF POLLUTION FROM OFFSHORE
SOURCES

Article 1

This Annex shall not apply to any deliberate disposal in the
maritime area of:

(a) wastes or other matter from vessels or aircraft;

(b) vessels or aircraft.

Article 2

1. When adopting programmes and measures for the purpose of this
Annex, the Contracting Parties shall require, either
individually or jointly, the use of:

(a) best available techniques

(b) best environmental practice

including, where appropriate, clean technology.

2. When setting priorities and in assessing the nature and
content of the programmes and measures and their time scales,
the Contracting Parties shall use the criteria given in Appendix
2.

Article 3

1. Any dumping of wastes or other matter from offshore
installations is prohibited.

2. This prohibition does not relate to discharges or emissions
from offshore sources.

Article 4

1. The use on, or the discharge of emission from, offshore
sources of substances which may reach and affect the maritime
area shall be strictly subject to authorisation or regulation by
the competent authorities of the Contracting Parties. Such
authorisation or regulation shall in particular, implement the
relevant applicable decisions, recommendations and all other
agreements adopted under the Convention.

2. The competent authorities of the Contracting Parties shall
provide for a system of monitoring and inspection to assess
compliance with authorisation or regulation as provided for in
paragraph 1 of Article 4 of this Annex.

Article 5

1. No disused offshore installation or disused offshore pipeline
shall be dumped and no disused offshore installation shall be
left wholly or partly in place in the maritime area without a
permit issued by the competent authority of the relevant
Contracting Party on a case-by-case basis. The Contracting
Parties shall ensure that their authorities, when granting such
permits, shall implement the relevant applicable decisions,
recommendations and all other agreements adopted under the
Convention.

2. No such permit shall be issued if the disused offshore
installation or disused offshore pipeline contains substances
which result or are likely to result in hazards to human health,
harm to living resources and marine ecosystems, damage to
amenities or interference with other legitimate uses of the sea.

3. Any Contracting Party which intends to take the decision to
issue a permit for the dumping of a disused offshore
installation or a disused offshore pipeline placed in the
maritime area after 1st January 1998 shall, through the medium
of the Commission, inform the other Contracting Parties of its
reasons for accepting such dumping, in order to make
consultation possible.

4. Each Contracting Party shall keep, and report to the
Commission, records of the disused offshore installations and
disused offshore pipelines dumped and of the disused offshore
installations left in place in accordance with the provisions of
this Article, and of the dates, places and methods of dumping.

Article 6

Articles 3 and 5 of this Annex 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 an offshore installation is
threatened. Such dumping shall be so conducted as to minimise
the likelihood of damage to human or marine life and shall
immediately be reported to the Commission, together with full
details of the circumstances and of the nature and quantities of
the matter dumped.

Article 7

The Contracting Parties shall take appropriate measures, both
individually and within relevant international organisations, to
prevent and eliminate pollution resulting from the abandonment
of offshore installations in the maritime area caused by
accidents. In the absence of relevant guidance from such
international organisations, the measures taken by individual
Contracting Parties should be based on such guidelines as the
Commission may adopt.

Article 8

No placement of a disused offshore installation or a disused
offshore pipeline in the maritime area for a purpose other than
that for which it was originally designed or constructed shall
take place without authorisation or regulation by the competent
authority of the relevant Contracting Party. Such authorisation
or regulation shall be in accordance with the relevant
applicable criteria, guidelines and procedures adopted by the
Commission in accordance with subparagraph (d) of Article 10 of
this Annex. This provision shall not be taken to permit the
dumping of disused offshore installations or disused offshore
pipelines in contravention of the provisions of this Annex.

Article 9

1. Each Contracting Party shall issue instructions to its
maritime inspection vessels and aircraft and to other
appropriate services to report to its authorities any incidents
or conditions in the maritime area which give rise to suspicions
that a contravention of the provisions of the present Annex has
occurred or is about to occur. Any Contracting Party whose
authorities receive such a report shall, if it considers it
appropriate, accordingly inform any other Contracting Party
concerned.

2. Nothing in this Annex shall abridge the sovereign immunity to
which certain vessels are entitled under international law.

Article 10

For the purposes of this Annex, it shall, inter alia, be the
duty of the Commission:

(a) to collect information about substances which are used in
offshore activities and, on the basis of that information, to
agree lists of substances for the purposes of paragraph 1 of
Article 4 of this Annex;

(b) to list substances which are toxic, persistent and liable to
bioaccumulate and to draw up plans for the reduction and phasing
out of their use on, or discharge from, offshore sources;

(c) to draw up criteria, guidelines and procedures for the
prevention of pollution from dumping of disused offshore
installations and of disused offshore pipelines, and the leaving
in place of offshore installations, in the maritime area;

(d) to draw up criteria, guidelines and procedures relating to
the placement of disused offshore installations and disused
offshore pipelines referred to in Article 8 of this Annex, with
a view to preventing and eliminating pollution.

ANNEX IV

ON THE ASSESSMENTOF THE QUALITY OF THE MARINE ENVIRONMENT

Article 1

1. For the purposes of this Annex "monitoring" means the
repeated measurement of:

(a) the quality of the marine environment and each of its
compartments, that is, water, sediments and biota;

(b) activities or natural and anthropogenic inputs which may
affect the quality of the marine environment;

(c) the effects of such activities and inputs.

2. Monitoring may be undertaken either for the purposes of
ensuring compliance with the Convention, with the objective of
identifying patterns and trends or for research purposes.

Article 2

For the purposes of this Annex, the Contracting Parties shall:

(a) cooperate in carrying out monitoring programmes and submit
the resulting data to the Commission;

(b) comply with quality assurance prescriptions and participate
in intercalibration exercises;

(c) use and develop, individually or preferably jointly, other
duly validated scientific assessment tools, such as modelling,
remote sensing and progressive risk assessment strategies;

(d) carry out, individually or preferably jointly, research
which is considered necessary to assess the quality of the
marine environment, and to increase knowledge and scientific
understanding of the marine environment and, in particular, of
the relationship between inputs, concentration and effects;

(e) take into account scientific progress which is considered to
be useful for such assessment purposes and which has been made
elsewhere either on the initiative of individual researchers and
research institutions, or through other national and
international research programmes or under the auspices of the
European Economic Community or other regional economic
integration organisations.

Article 3

For the purposes of this Annex, it shall, inter alia, be the
duty of the Commission:

(a) to define and implement programmes of collaborative
monitoring and assessment-related research, to draw up codes of
practice for the guidance of participants in carrying out these
monitoring programmes and to approve the presentation and
interpretation of their results;

(b) to carry out assessments taking into account the results of
relevant monitoring and research and the data relating to inputs
of substances or energy into the maritime area which are
provided by virtue of other Annexes to the Convention, as well
as other relevant information;

(c) to seek, where appropriate, the advice or services of
competent regional organisations and other competent
international organisations and competent bodies with a view to
incorporating the latest results of scientific research;

(d) to cooperate with competent regional organisations and other
competent international organisations in carrying out quality
status assessments.

APPENDIX 1

CRITERIA FOR THE DEFINITION OF PRACTICES AND TECHNIQUES
MENTIONED IN PARAGRAPH 3(b)(i)OF Article 2 OF THE CONVENTION

BEST AVAILABLE TECHNIQUES

1. The use of the best available techniques shall emphasise the
use of non-waste technology, if available.

2. The term "best available techniques" means the latest stage
of development (state of the art) of processes, of facilities or
of methods of operation which indicate the practical suitability
of a particular measure for limiting discharges, emissions and
waste. In determining whether a set of processes, facilities and
methods of operation constitute the best available techniques in
general or individual cases, special consideration shall be
given to:

(a) comparable processes, facilities or methods of operation
which have recently been successfully tried out;

(b) technological advances and changes in scientific knowledge
and understanding;

(c) the economic feasibility of such techniques;

(d) time limits for installation in both new and existing
plants;

(e) the nature and volume of the discharges and emissions
concerned.

3. It therefore follows that what is "best available techniques"
for a particular process will change with time in the light of
technological advances, economic and social factors, as well as
changes in scientific knowledge and understanding.

4. If the reduction of discharges and emissions resulting from
the use of best available techniques does not lead to
environmentally acceptable results, additional measures have to
be applied.

5. "Techniques" include both the technology used and the way in
which the installation is designed, built, maintained, operated
and dismantled.

BEST ENVIRONMENTAL PRACTICE

6. The term "best environmental practice" means the application
of the most appropriate combination of environmental control
measures and strategies. In making a selection for individual
cases, at least the following graduated range of measures should
be considered:

(a) the provision of information and education to the public and
to users about the environmental consequences of choice of
particular activities and choice of products, their use and
ultimate disposal;

(b) the development and application of codes of good
environmental practice which covers all aspects of the activity
in the product's life;

(c) the mandatory application of labels informing users of
environmental risks related to a product, its use and ultimate
disposal;

(d) saving resources, including energy;

(e) making collection and disposal systems available to the
public;

(f) avoiding the use of hazardous substances or products and the
generation of hazardous waste;

(g) recycling, recovery and re-use;

(h) the application of economic instruments to activities,
products or groups of products;

(i) establishing a system of licensing, involving a range of
restrictions or a ban.

7. In determining what combination of measures constitute best
environmental practice, in general or individual cases,
particular consideration should be given to:

(a) the environmental harm of the product and its production,
use and ultimate disposal;

(b) the substitution by less polluting activities or substances;

(c) the scale of use;

(d) the potential environmental benefit or penalty of substitute
materials or activities;

(e) advances and changes in scientific knowledge and
understanding;

(f) time limits for implementation;

(g) social and economic implications.

8. It therefore follows that best environmental practice for a
particular source will change with time in the light of
technological advances, economic and social factors, as well as
changes in scientific knowledge and understanding.

9. If the reduction of inputs resulting from the use of best
environmental practice does not lead to environmentally
acceptable results, additional measures have to be applied and
best environmental practice redefined.

APPENDIX 2

CRITERIA MENTIONED IN PARAGRAPH 2 OF Article 1 OF ANNEX I

AND IN PARAGRAPH 2 OF Article 2 OF ANNEX III

1. When setting priorities and in assessing the nature and
extent of the programmes and measures and their time scales, the
Contracting Parties shall use the criteria given below:

(a) persistency;

(b) toxicity or other noxious properties;

(c) tendency to bioaccumulation;

(d) radioactivity;

(e) the ratio between observed or (where the results of
observations are not yet available) predicted concentrations and
no observed effect concentrations;

(f) anthropogenically caused risk of eutrophication;

(g) transboundary significance;

(h) risk of undesirable changes in the marine ecosystem and
irreversibility or durability of effects;

(i) interference with harvesting of sea-foods or with other
legitimate uses of the sea;

(j) effects on the taste and/or smell of products for human
consumption from the sea, or effects on smell, colour,
transparency or other characteristics of the water in the marine
environment;

(k) distribution pattern (ie,. quantities involved, use pattern
and liability to reach the marine environment);

(l) non-fulfilment of environmental quality objectives.

2. These criteria are not necessarily of equal importance for
the consideration of a particular substance or group of
substances.

3. The above criteria indicate that substances which shall be
subject to programmes and measures include:

(a) heavy metals and their compounds;

(b) organohalogen compounds (and substances which may form such
compounds in the marine environment);

(c) organic compounds of phosphorous and silicon;

(d) biocides such as pesticides, fungicides, herbicides,
insecticides, slimicides and chemicals used, inter alia, for the
preservation of wood, timber, wood pulp, cellulose, paper, hides
and textiles;

(e) oils and hydrocarbons of petroleum origin;

(f) nitrogen and phosphorus compounds;

(g) radioactive substances, including wastes;

(h) persistent synthetic materials which may float, remain in
suspension or sink.