This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Service Providers

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text


Summary of the "Protocol for the Prevention of Pollution of the South Pacific Region by Dumping" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.

See the ENTRI query system for information about the status of this treaty.


See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
[an error occurred while processing this directive]
PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE SOUTH 
PACIFIC REGION BY DUMPING

Noumea, 25 November 1986


The Parties to the Protocol,

Being Parties to the Convention for the Protection of the Natural 
Resources and Environment of the South Pacific Region, adopted in 
Noumea, New Caledonia on the twenty-fourth day of November in the 
year one thousand nine hundred and eighty-six;

Recognizing the danger posed to the marine environment by 
pollution caused by the dumping of waste or other matter;

Considering that they have a common interest to protect the South 
Pacific Region from this danger, taking into account the unique 
environmental quality of the region;

Desiring to enter into a regional agreement consistent with the 
Convention on the Prevention of Marine Pollution by Dumping of 
Wastes and Other Matter, 1972 as provided in Article VIII thereof 
according to which the Contracting Parties to that Convention have 
undertaken to endeavour to act consistently with the objectives 
and provisions of such regional agreement;

Have agreed as follows:


Article 1

DEFINITIONS

For the purpose of this Protocol "Convention" means the 
Convention for the Protection of the Natural Resources and 
Environment of the South Pacific Region adopted in Noumea, New 
Caledonia on the twenty-fourth day of November in the year one 
thousand nine hundred and eighty-six.


Article 2 

GEOGRAPHICAL COVERAGE

The area to which this Protocol applies, hereinafter referred to 
as the "Protocol Area", shall be the Convention Area as defined in 
Article 2 of the Convention together with the continental shelf of 
a Party where it extends, in accordance with international law, 
outward beyond the Convention Area.


Article 3

GENERAL OBLIGATIONS

1. The Parties shall take all appropriate measures to prevent, 
reduce and control pollution in the Protocol Area by dumping.

2. Dumping within the territorial sea and the exclusive economic 
zone or onto the continental shelf of a Party as defined in 
international law shall not be carried out without the express 
prior approval of that Party, which has the right to permit, 
regulate and control such dumping taking fully into account the 
provisions of this Protocol, and after due consideration of the 
matter with other Parties which by reason of their geographical 
situation may be adversely affected thereby.

3. National laws, regulations and measures adopted by the Parties 
shall be no less effective in preventing, reducing and controlling 
pollution by dumping than the relevant internationally recognized 
rules and procedures relating to the control of dumping 
established within the framework of the Convention on the 
Prevention of Marine Pollution by Dumping of Wastes and Other 
Matter, 1972.


Article 4

PROHIBITED SUBSTANCES

1. The dumping in the Protocol Area of wastes or other matter 
listed in Annex I to this Protocol is prohibited except as 
provided in this Protocol.

2. No provision of this Protocol is to be interpreted as 
preventing a Party from prohibiting, insofar as that Party is 
concerned the dumping of wastes or other matter not mentioned in 
Annex I. That Party shall notify such measures to the 
Organisation.


Article 5 

SPECIAL PERMITS

The dumping in the Protocol Area of wastes or other matter listed 
in Annex II to this Protocol requires, in each case, a prior 
special permit.


Article 6

GENERAL PERMITS

The dumping in the Protocol Area of all wastes or other matter 
not listed in Annexes I and II to this Protocol requires a prior 
general permit.


Article 7 

FACTORS GOVERNING THE ISSUE OF PERMITS

The permits referred to in Articles 5 and 6 shall be issued only 
after careful consideration of all the factors set forth in Annex 
III to this Protocol. The Organisation shall receive records of 
such permits.


Article 8 

ALLOCATION OF SUBSTANCES TO ANNEXES

Substances are allocated to Annexes I and II of this Protocol in 
accordance with Annex IV.


Article 9

FORCE MAJEURE

The provisions of Articles 4, 5 and 6 shall not apply when it is 
necessary to secure the safety of human life or of vessels, 
aircraft, platforms or other man-made structures at sea in cases 
of force majeure caused by stress of weather, or in any case which 
constitutes a
danger to human life or a real threat to vessels, aircraft, 
platforms, or other man-made structures at sea, if dumping appears 
to be the only way of averting the threat and if there is every 
probability that the damage consequent upon such dumping will be 
less than would otherwise occur. Such dumping shall be so 
conducted as to minimise the likelihood of damage to human or 
marine life. Such dumping shall immediately be reported to the 
Organisation and, either through the Organisation or directly, to 
any Party or Parties likely to be affected, together with full 
details of the circumstances and of the nature and quantities of 
the wastes or other matter dumped.


Article 10

EMERGENCIES

1. A Party may issue a special permit as an exception to Article 
4, in emergencies arising in the Protocol Area, posing 
unacceptable risk relating to human health and admitting no other 
feasible solution. Before doing so the Party shall consult any 
other country or countries that are likely to be affected and the 
Organisation which, after consulting other Parties, and 
international organisations as appropriate, shall in accordance 
with Article 15 promptly recommend to the Party the most 
appropriate procedures to adopt. The Party shall follow these 
recommendations to the maximum extent feasible consistent with the 
time within which action must be taken and with the general 
obligation to avoid damage to the marine environment and shall 
inform the Organisation of the action it takes. The Parties pledge 
themselves to assist one another in such situations.

2. This article does not apply with respect to materials in 
whatever form produced for biological and chemical warfare 
referred to in paragraph 6 of Section A of Annex I.

3. Any Party may waive its rights under paragraph 1 at the time 
of, or subsequent to, ratification, acceptance or approval of, or 
accession to this Protocol.


Article 11

ISSUANCE OF PERMITS

1. Each Party shall designate an appropriate authority or 
authorities to:

(a) issue the special permits provided for in Article 5 and in the 
emergency circumstances provided for in Article 10;

(b) issue the general permits provided for in Article 6;

(c) keep records of the nature and quantities of the wastes or 
other matter permitted to be dumped and of the location, date and 
method of dumping; and

(d) monitor individually, or in collaboration with other Parties, 
and competent international organisations, the condition of the 
Protocol Area for the purposes of this Protocol.

 2. The appropriate authority or authorities of each Party shall 
issue the permits provided for in Articles 5 and 6 and in the 
emergency circumstances provided for in Article 10 in respect of 
the wastes or other matter intended for dumping:

(a) loaded in its territory or at its offshore terminals; or

(b) loaded by vessels flying its flag or vessels or aircraft of 
its registry when the loading occurs in the territory or at the 
offshore terminals of a State not Party to this Protocol.

3. In issuing permits under paragraphs 1 (a) and (b) the 
appropriate authority or authorities shall comply with Annex III 
together with such additional criteria, measures and requirements 
as they may consider relevant.


Article 12 

IMPLEMENTATION AND ENFORCEMENT

1. Each Party shall apply the measures required to implement this 
Protocol to all:

(a) vessels flying its flag and vessels and aircraft of its 
registry;

(b) vessels and aircraft loading in its territory or at its 
offshore terminals wastes or other matter which are to be dumped; 
and

(c) vessels, aircraft and fixed or floating platforms believed to 
be engaged in dumping in areas under its jurisdiction.

2. Each Party shall take in its territory appropriate measures to 
prevent and punish conduct in contravention of the provisions of 
this Protocol.

3. The Parties agree to co-operate in the development of 
procedures for the effective application of this Protocol 
particularly on the high seas, including procedures for the 
reporting of vessels and aircraft observed dumping in 
contravention of the Protocol.

4. This Protocol shall not apply to those vessels and aircraft 
entitled to sovereign immunity under international law. However, 
each Party shall ensure by the adoption of appropriate measures 
that such vessels and aircraft owned or operated by it act in a 
manner consistent with the object and purpose of this Protocol and 
shall inform the Organisation accordingly.


Article 13 

ADOPTION OF OTHER MEASURES

Nothing in this Protocol shall affect the right of each Party to 
adopt other measures, in accordance with the principles of 
international law, to prevent dumping.


Article 14 

REPORTING OF DUMPING INCIDENTS

Each 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 in the 
Protocol Area which give rise to suspicions that dumping in 
contravention of the provisions of this Protocol has occurred or 
is about to occur. That Party shall, if it considers it 
appropriate, report accordingly to the Organisation and to any 
other Party concerned.


Article 15

INSTITUTIONAL ARRANGEMENTS

The Parties designate the Organisation to carry out the following 
functions:

(a) to assist the Parties, upon request, in the communication of 
reports in accordance with Articles 9 and 14;

(b) to convey to the Parties concerned all notifications received 
by the Organisation in accordance with Articles 4(2) and 10;

(c) to transmit to the International Maritime Organisation as the 
organisation responsible for the secretariat functions under the 
Convention on the Prevention of Marine Pollution by Dumping of 
Wastes and Other Matter, 1972 records and any other information 
received in accordance with Article 7;

(d) to keep itself informed on evolving international standards 
and the results of research and investigation, and to advise 
meetings of Parties to this Protocol of such developments and any 
modification of the Annexes which may become desirable; and

(e) to carry out other duties assigned to it by the Parties.


Article 16

MEETING OF THE PARTIES

1. Ordinary meetings of the Parties to this Protocol shall be held 
in conjunction with ordinary meetings of the Parties to the 
Convention held pursuant to Article 22 of the Convention. The 
Parties to this Protocol may also hold extraordinary meetings in 
conformity with Article 22 of the Convention.

2. It shall be the function of the meetings of the Parties to this 
Protocol to:

(a) keep under review the implementation of this Protocol, and to 
consider the efficacy of the measures adopted and the need for any 
other measures, in particular in the form of Annexes.

(b) study and consider the records of the permits issued in 
accordance with Articles 5, 6, 7 and the emergency situation in 
Article 10, and of the dumping which has taken place;

(c) review and amend as required any Annex to this Protocol taking 
into account Annex IV;

(d) adopt as necessary guidelines for the preparation of records 
and procedures to be followed in submitting such records for the 
purposes of Article 7;

(e) develop, adopt and implement in consultation with the 
Organisation and other competent international organisations 
procedures pursuant to Article 10 including basic criteria for 
determining emergency circumstances and procedures for 
consultative advice and the safe disposal, storage or destruction 
of matter in such circumstances.

(f) invite, as necessary, the appropriate scientific body or 
bodies to collaborate with and to advise the Parties and the 
Organisation on any scientific or technical aspects relevant to 
this Protocol, including particularly the content and 
applicability of the Annexes; and

(g) perform such other functions as may be appropriate for the 
implementation of this Protocol.

3. The adoption of amendments to the Annexes to this Protocol 
pursuant to Article 25 of the Convention shall require a three-
fourths majority vote of the Parties to this Protocol.


Article 17

RELATIONSHIP BETWEEN THIS PROTOCOL AND THE CONVENTION

1. The provisions of the Convention relating to any Protocol shall 
apply with respect to the present Protocol.

2. The rules of procedures and the financial rules adopted 
pursuant to Article 22 of the Convention shall apply with respect 
to this Protocol, unless the Parties to this Protocol agree 
otherwise.

In witness whereof the undersigned, being duly authorised by 
their respective Governments, have signed this Protocol.

Done at Noumea, New Caledonia on the twenty-fifth day of November 
in the year one thousand nine hundred and eighty-six, in a single 
copy in the English and French languages, the two texts being 
equally authentic.


Annex I

A.

The following substances and materials are listed for the 
purposes of Article 4 of this Protocol:

1. Organohalogen compounds.

2. Mercury and mercury compounds.

3. Cadmium and cadmium compounds.

4. Persistent plastics and other persistent synthetic materials, 
for example, netting and ropes, which may remain in suspension in 
the sea in such a manner as to interfere materially with fishing, 
navigation or other legitimate uses of the sea.

5. Crude oil and its wastes, refined petroleum products, petroleum 
distillate residues and any mixtures containing any of these taken 
on board for the purpose of dumping.

6. Materials in whatever form (e.g. solids, liquids, semi-liquids, 
gases, or in a living state) produced for biological and chemical 
warfare.

7. Organosphosphorous compounds.

B.

Section A does not apply to substances, other than substances 
produced for biological or chemical warfare, which are rapidly 
rendered harmless by physical, chemical or biological processes in 
the sea provided they do not:

 make edible marine organisms unpalatable, or 
 endanger human health or that of marine biota.

The consultative procedure provided for under Article 10 shall be 
followed by a Party if there is doubt about the harmlessness of 
the substance.

C.

This Annex does not apply to wastes or other materials, such as 
sewage sludges and dredged spoils, containing the matters referred 
to in paragraphs 1-5 of Section A as trace contaminants. The 
dumping of such wastes shall be subject to the provisions of 
Annexes II and III as appropriate.


Annex II

The following substances and materials requiring special care are 
listed for the purposes of Article 5 of this Protocol.

A.

Wastes containing a significant amount of the matters listed 
below:

arsenic  )
lead     )   and their compounds
copper   )
zinc     )

organosilicon compounds
cyanides
fluorides
pesticides and their by-products not covered in Annex I.

B.

In the issue of permits for the dumping of acids and alkalis, 
consideration shall be given to the possible
presence in such wastes of the substances listed in section A and 
to the following additional substances:

beryllium   )
chromium    )    and their compounds
nickel      )
vanadium    )

C.

Containers, scrap metal and other bulky wastes liable to sink to 
the sea bottom which may present a serious obstacle to fishing or 
navigation.

D.

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.


Annex III

Provisions to be considered in establishing criteria governing 
the issue of permits for the dumping of matter at sea, taking into 
account Article 7 of this Protocol, include:

A. CHARACTERISTICS AND COMPOSITION OF THE MATTER

1. Total amount and average composition of matter dumped (e.g. per 
year).

2. Form (e.g. solid, sludge, liquid, or gaseous).

3. Properties: physical (e.g. solubility and density), chemical 
and biochemical (e.g. oxygen demand, nutrients) and biological 
(e.g. presence of viruses, bacteria, yeasts, parasites).

4. Toxicity.

5. Persistence: physical, chemical and biological.

6. Accumulation and biotransformation in biological materials or 
sediments.

7. Susceptibility to physical, chemical and biochemical changes 
and interaction in the aquatic environment with other dissolved 
organic and inorganic materials.

8. Probability of production of taints or other changes reducing 
marketability of resources (e.g. fish, shellfish, etc.).

9. In issuing a permit for dumping, Parties should consider 
whether an adequate scientific basis and sufficient knowledge of 
the composition and characteristics of the wastes or other matter 
proposed for dumping exist for assessing the impact of such 
material on the marine environment and human health.

B CHARACTERISTICS OF DUMPING SITE AND METHOD OF DEPOSIT

1. Location (e.g. co-ordinates of the dumping area, depth and 
distance from the coast), location in relation to other areas 
(e.g. amenity areas, spawning, nursery and fishing areas and 
exploitable resources).

2. Rate of disposal per specific period (e.g. quantity per day, 
per week, per month).

3 Methods of packaging and containment, if any.

4. Initial dilution achieved by proposed methods of release.

5. Dispersal characteristics (e.g. effects of currents, tides and 
wind on horizontal transport and vertical mixing).

6. 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).

7. Bottom characteristics (e.g. topography, geochemical and 
geological characteristics and biological productivity).

8. Existence and effects of other dumpings which have been made in 
the dumping area (e.g. heavy metal background reading and organic 
carbon content).

9. In issuing a permit for dumping, Parties should consider 
whether an adequate scientific basis exists for assessing the 
consequences of such dumping, as outlined in this Annex taking 
into account seasonal variations.

C. GENERAL CONSIDERATIONS AND CONDITIONS

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

2. Possible effects on marine life, fish and shellfish culture, 
fish stocks and fisheries, seaweed harvesting and culture.

3. 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 sea floor and protection of areas 
of special importance of scientific or conservation purposes).

4. The practical availability of alternative land-based methods of 
treatment, disposal or elimination, or of treatment to render the 
matter less harmful for dumping at sea.

D. REFERENCES

Reference should also be made to "Guidelines for the 
Implementation and Uniform Interpretation of Annex III" as adopted 
by the Consultative Meeting of Contracting Parties to the 
Convention on the Prevention of Marine Pollution by Dumping of 
Wastes and Other Matter, 1972.


Annex IV

ALLOCATION OF SUBSTANCES TO ANNEXES

1. Substances are allocated to Annexes I and II on the ground of 
any combination of the following criteria:

Persistence and degradability,
Bioaccumulation potential,
Toxicity to marine life,
Toxicity to man, domestic animals, marine mammals and birds 
preying on marine organisms,
Carcinogenicity and mutagenicity,
Ability to interfere with other legitimate uses of the sea.

2. Annex I substances are those which have a high degree of 
persistence coupled with:

(a) the ability to accumulate to harmful levels in terms of 
toxicity to marine organisms and their predators, to domestic 
animals or to man; or

(b) the ability to accumulate through marine pathways to levels 
harmful in terms of carcinogenicity or mutagenicity to domestic 
animals or to man; or

(c) the ability to cause interference with fisheries, amenities or 
other legitimate uses of the sea.

3. Annex II substances are all those considered suitable for 
inclusion in Annexes except for those allocated to Annex I.