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Protocol to the Kuwait Regional Convention for the Protection of
the Marine Environment Against Pollution from Land-Based Sources

21 February 1990

THE CONTRACTING STATES

BEING PARTIES to the Kuwait Regional Convention for Co-operation
on the Protection of the Marine Environment from Pollution;

RECOGNIZING the danger posed to the marine environment and to
human health by pollution from land-based sources and the
serious problems resulting therefrom in coastal waters of many
Contracting States, principally due to the release of untreated,
insufficiently treated and/or inadequately disposed of domestic
or industrial discharges;

NOTING that existing measures to prevent, abate and combat
pollution caused by discharges from land-based sources need to
be strengthened on a national and a regional basis;

BEING AWARE of Articles 194, 207, 212 and 213 of the United
Nations Convention on the Law of the Sea (1982); and the
Montreal Guidelines for the Protection of the Marine Environment
against Pollution from Land-Based Sources (1985); and

DESIROUS to strengthen the implementation of Article III,
paragraph (b) and Article VI of the Convention;

HAVE AGREED as follows:*

Article I

DEFINITIONS

For the purpose of this Protocol:

1. "Combined Treatment" means common treatment of industrial
effluents along with domestic sewage;

2. "Competent State Authority" means the Authority designated by
the Contracting State for the purpose of this Protocol;

3. "Contracting State" means any State which has become a party
to this Protocol;

4. "Convention" means the Kuwait Regional Convention for
Co-operation on the Protection of the Marine Environment from
Pollution;

5. "Council" means the organ of the Organization as referred to
in sub-paragraph (i) of paragraph (b) of Article XVI of the
Convention;

6. "Freshwater Limit" means the place in watercourses where, at
low tide and in a period of low freshwater flow, there is an
appreciable increase in salinity due to the presence of
sea-water;

7. "Joint Pretreatment/Treatment" means common
pretreatment/treatment of the effluents from more than one
industrial source;

8. "Land-Based Sources" means municipal, industrial or
agricultural sources, both fixed and mobile on land, discharges
from which reach the Marine Environment, as outlined in Article
III of this Protocol;

9. "Marine Environment" means the Protocol Area as defined in
Article II of this Protocol;

10. "Organization" means the Regional Organization for the
Protection of the Marine Environment established in accordance
with Article XVI of the Convention;

11. "Pollution" means "Marine Pollution" as defined in paragraph
(a)of Article I of the Convention;

Article II

AREA OF APPLICATION

The area to which this Protocol applies (hereinafter referred to
as the "Protocol Area") shall be the Sea Area as defined in
Article II, paragraph (a) of the Convention, together with the
waters on the landward side of the baselines from which the
breadth of the territorial sea of the Contracting States is
measured and extending, in the case of watercourses, up to the
freshwater limit and including inter tidal zones and salt-water
marshes communicating with the sea.

Article III

SOURCES OF POLLUTION

This Protocol shall apply to discharges reaching the Protocol
Area from land-based sources within the territories of the
Contracting States, in particular:

(a) from outfalls and pipelines discharging into the sea;

(b) through rivers, canals or other watercourses, including
underground watercourses:

(c) from fixed or mobile offshore facilities serving purposes
other than exploration and exploitation of the sea bed, its
subsoil and the continental shelf; and

(d) from any other land-based sources situated within the
territories of the Contracting States, whether through water,
through the atmosphere or directly from the coast.

Article IV

SOURCE CONTROL

1. The Contracting States undertake to implement the action
programmes based on source control as outlined in Annex I to
this Protocol. To this end, they shall develop and implement,
jointly or individually, as appropriate, the necessary
programmes and measures.

2. The programmes and measures and the timetables for their
implementation aimed at reducing pollution from land-based
sources, shall be fixed by the Contracting States and
periodically reviewed and revised, if necessary every two years,
in accordance with the provisions of Article XIV of this
Protocol.

Article V

JOINT AND/OR COMBINED EFFLUENT TREATMENT

1. The Contracting States in their endeavour not to inhibit the
development of new industries, and especially that of small
industrial operations, and recognizing the economic and
technical difficulties often encountered by such operations in
properly treating their effluents individually, undertake to
implement, to the extent possible, industrial location planning
programmes as outlined in Annex II to this Protocol. To this
end, they shall develop and implement, jointly and/or
individually, as appropriate, the necessary programmes and
measures.

2. The Regional guidelines and criteria along with programmes
and measures and the time-tables for their implementation, aimed
at reducing pollution from land-based sources through joint
and/or combined effluent treatment, shall be fixed by the
Contracting States and periodically reviewed and revised, if
necessary every two years, in accordance with the provisions of
Article XIV of this Protocol.

Article VI

REGIONAL AND LOCAL REGULATIONS/PERMITS FOR RELEASE OF WASTES

1. As outlined in Annex III to this Protocol, the Contracting
States shall progressively develop and adopt, in co-operation
with competent Regional and International organizations as
appropriate:

(a) Regional guidelines, standards or criteria, as appropriate,
for the quality of sea-water used for specific purposes that is
necessary for the protection of human health, living resources
and ecosystems;

(b) Regional regulations for the waste discharge and/or degree
of treatment for all significant types of land-based sources;

(c) Stricter local regulations for waste discharge and/or degree
of treatment for specific sources based on local pollution
problems and desirable water usage considerations.

Stricter regulations for specific sources serve the purpose of
preserving the quality of seawater required for the intended
use. In developing such regulations the local ecological,
geographical and physical characteristics, as well as, the level
of existing pollution in the Marine Environment shall be taken
into consideration.

2. The programmes for the implementation of the above measures
shall be adopted and shall take into account, for their
progressive application the cost of measures involved, the
capacity to modify existing installations, the economic capacity
of the Contracting States and their need for sustainable
development.

3. Polluters shall be required to obtain a permit to discharge
from the Competent State Authorities. Such permits shall allow
for review and modification of discharge conditions reflecting
the periodic update of regulations.

4. Guidelines, standards or criteria, as well as regulations,
programmes and measures shall be developed and adopted in
accordance with the provisions of Article XIV of this Protocol
and periodically updated, if necessary every two years, to
reflect the increasing information through the monitoring
programme described in Article VII of this Protocol, the changes
in the industrial and other human activities and possible
advances in science and the pollution control technologies.

Article VII

MONITORING AND DATA MANAGEMENT

1. The Contracting States, within the framework of the
provisions of Article X of the Convention, shall carry out
monitoring activities, if necessary in co-operation with the
competent Regional and International organizations, in order to:

a) collect data on natural conditions of the Protocol Area as
regards its physical, biological and chemical characteristics;

b) collect data on inputs of substances or energy that cause or
potentially cause pollution from land-based sources, including
information on the distribution of sources and the quantities of
pollutants introduced to the Protocol Area;

c) assess systematically the levels of pollution within their
internal and territorial waters, in particular with regard to
the substances that may have a potential significant impact on
the Marine Environment. For the selection of the sampling
locations and substances to be measured, information available,
inter alia, from source inventories, discharge outfalls and
marine environment characteristics shall be considered; and

d) evaluate the effectiveness of measures taken under this
Protocol in meeting the environmental objectives.

2. Contracting States shall collaborate jointly or collectively
to establish comparable monitoring programmes, as well as
analytical quality control programmes and to promote data
storage, retrieval and exchange.

Article VIII

ENVIRONMENTAL IMPACT ASSESSMENT

1. The Contracting States shall require on priority basis an
assessment of the potential environmental impacts during the
planning and implementation stages of selected development
projects within their territories, particularly in the coastal
areas, which may cause significant risks of pollution from
land-based sources to the Protocol Area, in order to ensure that
appropriate measures are taken to prevent or mitigate such
risks.

2. The Contracting States shall develop, with the assistance of
the Organization, technical and other guidelines concerning the
assessment of the potential environmental impacts of development
projects referred to in paragraph 1, including possible
transboundary effects. The assessment should, where appropriate,
contain inter alia the following:

(a) A description of the geographical location of the activities
to be carried out;

(b) A description of the initial ecological state of the marine
environment and the coastal area which may be affected by the
activities;

(c) An indication of the nature, aims and scope of the proposed
activities;

(d) A description of the methods, installations and other means
to be used;

(e) A description of the foreseeable direct and indirect
long-term and short-term effects of the activities on the Marine
Environment, including fauna, flora and the ecological balance;

(f) A statement setting out the measures proposed to reduce to
the minimum the risk of pollution by carrying out the activities
and, in addition, possible process and pollution abatement
alternatives to such measures;

(g) An indication of the measures to be taken for the protection
of the Marine Environment from pollution during and, as
appropriate, at the end of the proposed activities;

(h) Definition of commitments to ongoing environmental
management and monitoring;

(i) Cost-benefit analysis as appropriate;

(j) A brief summary of the assessment.

3. The implementation of the selected projects referred to in
paragraph 1 should be made subject to a prior written
authorization from the Competent State Authorities which takes
fully into account the findings of the environmental impact
assessment.

4. The Contracting States shall co-operate with the Organization
to develop procedures for the dissemination to all Contracting
States of the reports on the results of such assessment with a
view to enable the Contracting States which may be affected by
the environmental impacts of the development projects to consult
with the Contracting State concerned.

Article IX

SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION

The Contracting States, in conformity with Article X of the
Convention, shall co-operate in scientific and technological
fields related to pollution from land-based sources,
particularly research on inputs, pathways and effects of
pollutants and on the development of new methods for their
treatment, reduction or elimination. To this end, the
Contracting States shall, in particular, endeavour to:

(a) exchange scientific and technical information;

(b) co-ordinate their research programmes of common nature.

Article X

SCIENTIFIC, TECHNICAL AND OTHER ASSISTANCE

1. The Contracting States shall, directly or with the assistance
of the Organization or competent Regional and International
organizations, co-operate with a view to formulate and implement
programmes of assistance, particularly in the fields of science,
education and technology, for the prevention, reduction and
control of pollution from land-based sources.

2. Such technical assistance shall include, in particular, the
training of scientific and technical personnel, as well as the
acquisition, utilization, maintenance and production of
appropriate equipment.

Article XI

WATERCOURSES SHARED BY STATES

1. If discharges from a watercourse which flows through the
territories of Contracting States are likely to cause pollution
of the Protocol Area, the Contracting States in question, in
accordance with the provisions of this Protocol in so far as
each of them is concerned, are called upon to co-operate with a
view to ensuring its full application.

2. A Contracting State shall not be responsible for any
pollution originating on the territory of a non-Contracting
State. However, the Contracting State shall endeavour to
co-operate with such State so as to make possible full
application of the Protocol.

Article XII

EXCHANGE OF INFORMATION

1. The Contracting States shall inform one another directly or
through the Organization of measures taken of results achieved
and, if the case arises, of difficulties encountered in the
application of this Protocol. Procedures for the collection and
submission of such information shall be determined by the
Council.

2. Such information shall include inter alia:

(a) Relevant statistical data in accordance with Articles VI and
VII of this Protocol;

(b) Data resulting from monitoring as provided for in Article
VII of this Protocol;

(c) Quantities of pollutants discharged or emitted from their
territories;

(d) Measures taken in accordance with Articles IV, V and VI of
this Protocol.

Article XIII

RESPONSIBILITY AND LIABILITY FOR DAMAGE

1. Contracting States shall ensure that recourse is available in
accordance with their legal systems for prompt and adequate
compensation or other relief in respect of damage caused by
pollution of the Marine Environment by natural or juridical
persons under their jurisdiction.

2. Contracting States shall formulate and adopt appropriate
procedures for the determination of liability for damage
resulting from pollution from land-based sources.

Article XIV

INSTITUTIONAL ARRANGEMENTS

The Council, in accordance with Article XVII of the Convention,
shall be responsible for keeping under review the implementation
of this Protocol. To this end, the Council shall, inter alia:

(a) consider the efficacy of the measures adopted and the
advisability of adopting any other measures, in particular in
the form of annexes;

(b) revise and amend any annex to this Protocol, as appropriate;

(c) formulate, adopt and review programmes and measures in
accordance with Articles IV, V, VI, VII, IX and X of this
Protocol;

(d) adopt Regional guidelines, standards or criteria in
accordance with Articles IV, V and VI of this Protocol;

(e) formulate procedures for exchange of information in
accordance with Articles VIII and XII of this Protocol;

(f) consider information submitted by the Contracting States
under Articles VIII and XII of this Protocol;

(g) discharge such other functions as appropriate for the
application of this Protocol; and

(h) establish any such institutional mechanism as deemed
necessary for the achievement of the objectives of this
Protocol.

Article XV

GENERAL PROVISIONS

1. The provisions of the Convention relating to any Protocol
shall apply to this Protocol.

2. Procedures for amendments to Protocols and their Annexes
adopted in accordance with Articles XX and XXI of the Convention
shall apply to this Protocol.

3. The Rules of Procedures and Financial rules adopted pursuant
to Article XXII of the Convention, and amendments thereto, shall
apply to this Protocol.

4. The Annexes form an integral part of this Protocol unless
expressly provided otherwise thereto.

Article XVI

FINAL PROVISIONS

1. This Protocol shall be open for signature in the State of
Kuwait from 21 February to 21 May 1990 by any State which is
party to the Kuwait Regional Convention for Co-Operation on the
Protection of the Marine Environment From Pollution .

2. This Protocol shall be subject to ratification, acceptance,
approval or accession by the States parties to the Convention.
Instruments of ratification, acceptance, approval or accession
shall be deposited with the Government of Kuwait which shall
assume the functions of the Depository.

3. This Protocol shall enter into force on the ninetieth day
following the date of deposit of at least five instruments of
ratification, acceptance or approval of, or accession to this
Protocol by the States as referred to in paragraph 1 of this
Article.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly
authorized by their respective Governments, have signed this
Protocol.

DONE AT KUWAIT this twenty-first day of February, in the year
one thousand nine hundred ninety in the Arabic, English and
Persian languages, the texts being equally authentic.

*A Meeting of the Plenipotentiaries was held in Kuwait on 21
February1990 for signing the Protocol concerning the Protection
of the Marine Environment against Pollution from Land-Based
Sources.

Annex I

POLLUTION ABATEMENT THROUGH SOURCE CONTROL

With regard to the issue of pollution abatement through source
control referred to in Article IV of this Protocol,
consideration should be given to the control and progressive
replacement of products, installations and industrial or other
processes causing significant pollution to the Marine
Environment. In this regard, particular attention will be given,
but not limited, to the following factors:

a) Curtailment and/or regulation of import, transportation,
manufacturing or processing of certain harmful substances.

b) Change of raw materials.

c) Change of manufacturing processes.

d) Good operating and housekeeping practices.

e) Segregation of waste streams and minimization of pollutant
dilution prior to treatment.

f) Recovery, re-use and recycling.

The programmes, measures and the timetables required for the
implementation of source control will be developed and
priorities allocated on the basis of the results of on-going
assessment studies.

Problem areas of Regional interest, where cost effective
measures can be implemented, will receive attention for the
purpose of establishing general management schemes. Such areas
are, for example, the collection, treatment, and proper disposal
of spent lubricating oils, blood and paunch from
slaughterhouses, the control of fuel combustion processes and
the implementation of source control in selected processes
within large industries.

Annex II

PROMOTION OF JOINT AND/OR COMBINED EFFLUENT TREATMENT

Without undue prejudice to the multifaceted constraints that
often govern the selection of the location of new industries, a
programme will be undertaken, as referred to in Article VI of
this Protocol, to promote:

a) agglomeration of industries in a way that enhances the
possibility of joint effluent pretreatment and/or treatment, as
the need may be;

b) location within the limits of city sewer systems of certain
types of industry so as to enhance combined treatment of
industrial and domestic wastes.

Promotion of joint and/or combined effluent treatment, if
properly planned, could result in greatly reduced treatment,
monitoring and enforcement costs as well as in increased
treatment reliabilities. To this end, Regional guidelines and
criteria will be developed dealing with topics of common
interest, such as:

- the compatibility of effluent from different sources;

- pretreatment requirements prior to discharge into domestic
and/or industrial sewer systems;

- cost sharing for the construction and operation of treatment
plants.

Such guidelines and criteria will assist Contracting States in
developing their own specific programmes and measures. While
initial plans may deal with the location problem of new
industries, the end objective will be the progressive attraction
of existing selected small industries as the infrastructure and
facilities are developed in the designated areas.

Annex III

GUIDELINES, REGULATIONS AND PERMITS FOR THE RELEASE OF WASTES

1. With a view to guidelines, standards or criteria, as well as
to regulations, programmes, measures, and discharge permits for
release of wastes referred to in Article VI of this Protocol,
particular attention will be given, inter alia, to the following
factors:

a) Regional regulations for the waste discharge and/or degree of
treatment should be specific for each kind of source and, if
necessary, may be different between existing and new sources.
Their development should be based on treatment technology, cost
and nature of pollutants considerations, as well as on an
overview of the state of the environment in the Protocol Area.

b) Regional guidelines and, as appropriate, standards or
criteria should be developed for the quality of sea water used
for specific purposes.

c) For areas where the water quality standards for the intended
use cannot be achieved through the implementation of the above
Regional regulations, stricter local regulations for the waste
discharge and/or degree of treatment should be developed. Such
local regulations will apply to the specific sources in the
areas under consideration.

d) Regional regulations along with the programmes, measures and
the timetables required for the implementation should be
developed on a priority basis, inter alia, for the following
types of wastes:

i) Ballast water, slops, bilges and other oily water discharges
generated by land-based reception facilities and ports through
loading and repair operations.

ii) Brine water and mud discharges from oil and gas drilling and
extraction activities from land-based sources.

iii) Oily and toxic sludges from crude oil and refined products
storage facilities.

iv) Effluents and emissions from petroleum refineries.

v) Effluents and emissions from petrochemical and fertilizer
plants.

vi) Toxic effluents and emissions from industries such as
chlor-alkali, primary aluminium production, pesticides,
insecticides, and lead recovery plants.

vii) Emissions from natural gas flaring and desulfurization
plants.

viii) Dust emissions from major industrial sources, such as
cement, lime, asphalt and concrete plants.

ix) Effluents and emissions from power and de-salination plants.

x) Wastes generated from coastal development activities which
may have a significant impact on the Marine Environment.

xi)Sewage and solid wastes.

e) As the diagram 1 [not reproduced] attached to this Annex
illustrates, pollution abatement is an iterative process.
Pollution abatement action will start from high priority
measures, which will be selected to be pragmatic,
cost-effective, while addressing the most critical environmental
problems as perceived today. The monitoring programme as
specified in Article VII of this Protocol, will be providing the
necessary feed-back for the required corrective action by
yielding the database for assessing the effectiveness of
implemented programmes, the current state of the environment and
its trends. Corrective action, whenever required, will be taken
through periodic updates of the regulations, programmes and
measures and review of the conditions in discharge permits, in
accordance with the provisions of Articles IV and VI of this
Protocol.

2. Provisions for establishing criteria governing the issue of
permits for the discharging of waste matter in the Marine
Environment, should also take into consideration inter alia the
following:

a) Characteristics and Composition of Waste

i) Type and size of waste source, e.g. industrial process;

ii) Type of waste (origin, average composition);

iii) Form of waste (solid, liquid, sludge, slurry);

iv) Total amount (volume discharged, e.g. per year);

v) Discharge pattern (continuous, intermittent, seasonably
variable, etc.);

vi) Concentrations with respect to major constituents;

vii) Properties: physical, e.g. solubility and density; chemical
and biochemical, e.g. oxygen demand, nutrients; and biological,
e.g. presence of viruses, bacteria, yeast, parasites;

viii) Toxicity;

ix) Persistence: physical, chemical and biological;

x) Accumulation and biotransformation in biological materials or
sediments;

xi) Susceptibility to physical, chemical and biochemical changes
and interaction in the aquatic environment with other dissolved
organic and inorganic materials;

xii) Probability of producing taints or other changes reducing
marketability of resources, e.g. fish, shellfish, etc.

b) Characteristics of Discharge Site and Receiving Marine
Environment

i) Hydrographic, meteorological, geological, biological and
topographical characteristics of the discharge site.

ii) Location and type of the discharge (outfall, canal, outlet,
etc.) and its relation to other areas, e.g. amenity areas,
spawning, nursery and fishing areas, shellfish grounds and
exploitable resources.

iii) Rate of disposal per specific period, e.g. quantity per
day, per week and per month.

iv) Initial dilution achieved at the point of discharge into the
receiving marine environment.

v) Methods of packaging and containment, if any.

vi)Dispersion characteristics such as effects of currents, tides
and wind on horizontal transport and vertical mixing.

vii) Water characteristics, e.g. temperature, pH, salinity,
stratification, oxygen indices of pollution - dissolved oxygen
(DO), chemical oxygen demand (COD), biochemical oxygen demand
(BOD) - nitrogen present in organic and mineral form including
ammonia, suspended matter, other nutrients and productivity.

viii) Existence and effects of other discharges which have been
made in the discharge site, e.g. heavy metal background levels
and organic carbon content.

c) Availability of Waste Technologies

The methods of waste reduction and discharge for industrial
effluents as well as domestic sewage should be selected taking
into account the availability and feasibility of:

i) Alternative treatment processes;

ii) Re-use or elimination methods;

iii) On-land disposal alternative; and

iv) Appropriate low-waste technologies.

d) General Considerations and Conditions

i) Possible effects on amenities, e.g. presence of floating or
stranded materials, turbidity, objectionable odour.
discoloration and foaming.

ii) Effects on human health through pollution impact on: Edible
marine organisms; bathing waters; aesthetics; etc.

iii) Effects on marine ecosystems, in particular living
resources, endangered species and critical habitats.

iv) Possible effects on other uses of the sea, e.g. impairment
of water quality for industrial use, underwater corrosion of
structure, interference with ship operations from floating
materials, interference with fishing or navigation through
deposit of waste or solid objects on the seafloor and protection
of areas of special importance for scientific or conservation
purposes.