【中文标题】：防止倾倒废物及其他物质污染海洋的公约
【颁布单位】：联合国
【批准日期】：2006年06月25日
【发布日期】：2004年06月01日
【实施日期】：2006年06月25日
【时 效 性】：现行有效
防止倾倒废物及其他物质污染海洋的公约
CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OFWASTES AND OTHER MATTER
颁布日期：19721229 实施日期：19850906 颁布单位：联合国
The Contracting Parties to this Convention，
Recognizing that the marine environment and the living organisms whichit supports are of vital importance to humanity， and all people have aninterest in assuring that it is so managed that its quality and resourcesare not impaired；
Recognizing that the capacity of the sea to assimilate wastes andrender them harmless， and its ability to regenerate natural resources， isnot unlimited；
Recognizing that States have， in accordance with the Charter of theUnited Nations and the principles of international law， the sovereignright to exploit their own resources pursuant to their own environmentalpolicies， and the responsibility to ensure that activities within theirjurisdiction or control do not cause damage to the environment of otherStates or of areas beyond the limits of national jurisdiction；
Recalling Resolution 2749 （XXV） of the General Assembly of the UnitedNations on the principles governing the sea-bed and the ocean floor andthe subsoil thereof， beyond the limits of national jurisdiction；
Noting that marine pollution originates in many sources， such asdumping and discharges through the atmosphere， rivers， estuaries， outfallsand pipelines， and that it is important that States use the bestpracticable means to prevent such pollution and develop products andprocesses which will reduce the amount of harmful wastes to be disposedof；
Being convinced that international action to control the pollution ofthe sea by dumping can and must be taken without delay but that thisaction should not preclude discussion of measures to control other sourcesof marine pollution as soon as possible； and
Wishing to improve protection of the marine environment by encouragingStates with a common interest in particular geographical areas to enterinto appropriate agreements supplementary to this Convention；
Have agreed as follows：
Article I
Contracting Parties shall individually and collectively promote theeffective control of all sources of pollution of the marine environment，and pledge themselves especially to take all practicable steps to preventthe pollution of the sea by the dumping of waste and other matter that isliable to create hazards to human health， to harm living resources andmarine life， to damage amenities or to interfere with other legitimateuses of the sea.
Article II
Contracting Parties shall， as provided for in the following Articles，take effective measures individually， according to their scientific，technical and economic capabilities， and collectively， to prevent marinepollution caused by dumping and shall harmonize their policies in thisregard.
Article III
For the purposes of this Convention：
1. （a） “Dumping” means：
（i） any deliberate disposal at sea of wastes or other matterfrom vessels， aircraft， platforms or other man-made structures at sea；
（ii） any deliberate disposal at sea of vessels， aircraft，platforms or other man-made structures at sea.
（b） “Dumping” does not include：
（i） the disposal at sea of wastes or other matter incidentalto， or derived from the normal operations of vessels， aircraft， platforms，or other man-made structures at sea and their equipment， other than wastesor other matter transported by or to vessels， aircraft， platforms orother man-made structures at sea， operating for the purpose of disposal ofsuch matter or derived from the treatment of such wastes or other matteron such vessels， aircraft， platforms or structures；
（ii） placement of matter for a purpose other than the meredisposal thereof， provided that such placement is not contrary to the aimsof this Convention.
（c） The disposal of wastes or other matter directly arising from，or related to the exploration， exploitation and associated off-shoreprocessing of sea-bed mineral resources will not be covered by theprovisions of this Convention.
2. “Vessels and aircraft” means waterborne or airborne craft of anytype whatsoever. This expression includes air cushioned craft and floatingcraft， whether self-propelled or not.
3. “Sea” means all marine waters other than the internal waters ofStates.
4. “Wastes or other matter” means material and substance of any kind，from or description.
5. “Special permit” means permission granted specifically onapplication in advance and accordance with Annex II and Annex III.
6. “General permit” means permission granted in advance and inaccordance with Annex III.
7. “The Organization” means the Organization designated by theContracting Parties in accordance with Article XIV （2）。
Article IV
1. In accordance with the provisions of this Convention ContractingParties shall prohibit the dumping of any wastes or other matter inwhatever form or condition except as otherwise specified below：
（a） the dumping of wastes or other matter listed in Annex I isprohibited；
（b） the dumping of wastes or other matter listed in Annex IIrequires a prior special permit；
（c） the dumping of all other wastes or matter requires a priorgeneral permit.
2. Any permit shall be issued only after careful consideration of allthe factors set forth in Annex III， including prior studies of thecharacteristics of the dumping site， as set forth in Sections B and C ofthat Annex.
3. No provision of this Convention is to be interpreted as preventinga Contracting Party from prohibiting， insofar as that Party is concerned，the dumping of wastes or other matter not mentioned in Annex I. That Partyshall notify such measures to the Organization.
Article V
1. The provisions of Article IV shall not apply when it is necessaryto secure the safety of human life or of vessels， aircraft， platforms orother man-made structures at sea in cases of force majeure caused bystress of weather， or in any case which constitutes a danger to human lifeor a real threat to vessels， aircraft， platforms or other man-madestructures at sea， if dumping appears to be the only way of averting thethreat and if there is every probability that the damage consequent uponsuch dumping will be less than would otherwise occur. Such dumping shallbe so conducted as to minimize the likelihood of damage to human or marinelife and shall be reported forthwith to the Organization.
2. A Contracting Party may issue a special permit as an exception toArticle IV （1） （a）， in emergencies， posing unacceptable risk relating tohuman health and admitting no other feasible solution. Before doing so theParty shall consult any other country or countries that are likely to beaffected and the Organization which， after consulting other Parties， andinternational organizations as appropriate， shall， in accordance withArticle XIV promptly recommend to the Party the most appropriateprocedures to adopt. The Party shall follow these recommendations to themaximum extent feasible consistent with the time within which action mustbe taken and with the general obligation to avoid damage to the marineenvironment and shall inform the Organization of the action it takes. TheParties pledge themselves to assist one another in such situations.
3. Any Contracting Party may waive its rights under paragraph （2） atthe time of， or subsequent to ratification of， or accession to thisConvention.
Article VI
1. Each Contracting Party shall designate an appropriate authority orauthorities to：
（a） issue special permits which shall be required prior to， andfor， the dumping of matter listed in Annex II and in the circumstancesprovided for in Article V （2）；
（b） issue general permits which shall be required prior to， andfor， the dumping of all other matter；
（c） keep records of the nature and quantities of all matterpermitted to be dumped and the location， time and method of dumping；
（d） monitor individually， or in collaboration with other Partiesand competent international organizations， the condition of the seas forthe purposes of this Convention.
2. The appropriate authority or authorities of a Contracting Partyshall issue prior special or general permits in accordance with paragraph（1） in respect of matter intended for dumping：
（a） loaded in its territory；
（b） loaded by a vessel or aircraft registered in its territory orflying its flag， when the loading occurs in the territory of a State notparty to this Convention.
3. In issuing permits under sub-paragraphs （1） （a） and （b） above， theappropriate authority or authorities shall comply with Annex III， togetherwith such additional criteria， measures and requirements as they mayconsider relevant.
4. Each Contracting Party， directly or through a Secretariatestablished under a regional agreement， shall report to the Organization，and where appropriate to other Parties， the information specified insub-paragraphs （c） and （d） of paragraph （1） above， and the criteria，measures and requirements it adopts in accordance with paragraph （3）above. The procedure to be followed and the nature of such reports shallbe agreed by the Parties in consultation.
Article VII
1. Each Contracting Party shall apply the measures required toimplement the present Convention to all；
（a） vessels and aircraft registered in its territory or flying itsflag；
（b） vessels and aircraft loading in its territory or territorialseas matter which is to be dumped；
（c） vessels and aircraft and fixed or floating platforms under itsjurisdiction believed to be engaged in dumping.
2. Each Party shall take in its territory appropriate measures toprevent and punish conduct in contravention of the provisions of thisConvention.
3. The Parties agree to co-operate in the development of proceduresfor the effective application of this Convention particularly on the highseas， including procedures for the reporting of vessels and aircraftobserved dumping in contravention of the Convention.
4. this Convention shall not apply to those vessels and aircraftentitled to sovereign immunity under international law. However， eachParty shall ensure by the adoption of appropriate measures that suchvessels and aircraft owned or operated by it act in a manner consistentwith the object and purpose of this Convention， and shall inform theOrganization accordingly.
5. Nothing in this Convention shall affect the right of each Party toadopt other measures， in accordance with the principles of internationallaw， to prevent dumping at sea.
Article VIII
In order to further the objectives of this Convention， the ContractingParties with common interests to protect in the marine environment in agiven geographical area shall endeavour， taking into accountcharacteristic regional features， to enter into regional agreementsconsistent with this Convention for the prevention of pollution，especially by dumping. The Contracting Parties to the present Conventionshall endeavour to act consistently with the objectives and provisions ofsuch regional agreements， which shall be notified to them by theOrganization. Contracting parties shall seek to co-operate with theParties to regional agreements in order to develop harmonized proceduresto be followed by Contracting Parties to the different conventionsconcerned. Special attention shall be given to co-operation in the fieldof monitoring and scientific research.
Article IX
The Contracting Parties shall promote， through collaboration withinthe Organization and other international bodies， support for those Partieswhich request it for：
（a） the training of scientific and technical personnel；
（b） the supply of necessary equipment and facilities for researchand monitoring；
（c） the disposal and treatment of waste and other measures toprevent or mitigate pollution caused by dumping；
preferably within the countries concerned， so furthering the aims andpurposes of this Convention.
Article X
In accordance with the principles of international law regarding Stateresponsibility for damage to the environment of other States or to anyother area of the environment， caused by dumping of wastes and othermatter of all kinds， the Contracting Parties undertake to developprocedures for the assessment of liability and the settlement of disputesregarding dumping.
Article XI
[ See amendments adopted on October 12， 1978 reproduced after thetext of the Convention.]
The Contracting Parties shall at their first consultative meetingconsider procedures for the settlement of disputes concerning theinterpretation and application of this Convention.
Article XII
The Contracting Parties pledge themselves to promote， within thecompetent specialized agencies and other international bodies， measures toprotect the marine environment against pollution caused by：
（a） hydrocarbons， including oil， and their wastes；
（b） other noxious or hazardous matter transported by vessels forpurposes other than dumping；
（c） wastes generated in the course of operation of vessels，aircraft， platforms and other man-made structures at sea；
（d） radio-active pollutants from all sources， including vessels；
（e） agents of chemical and biological warfare；
（f） wastes or other matter directly arising from， or related tothe exploration， exploitation and associated off-shore processing ofsea-bed mineral resources.
The Parties will also promote， within the appropriate internationalorganization， the codification of signals to be used by vessels engaged indumping.
Article XIII
Nothing in this Convention shall prejudice the codification anddevelopment of the law of the sea by the United Nations Conference on theLaw of the Sea convened pursuant to Resolution 2750C （XXV） of the GeneralAssembly of the United Nations nor the present or future claims and legalviews of any State concerning the law of the sea and the nature and extentof coastal and flag State jurisdiction. The Contracting Parties agree toconsult at a meeting to be convened by the Organization after the Law ofthe Sea Conference， and in any case not later than 1976， with a view todefining the nature and extent of the right and the responsibility of acoastal State to apply the Convention in a zone adjacent to its coast.
Article XIV
1. The Government of the United Kingdom of Great Britain and NorthernIreland as a depositary shall call a meeting of the Contracting Partiesnot later than three months after the entry into force of this Conventionto decide on organizational matters.
2. The Contracting Parties shall designate a competent Organizationexisting at the time of that meeting to be responsible for Secretariatduties in relation to this Convention. Any Party to this Convention notbeing a member of this Organization shall make an appropriate contributionto the expenses incurred by the Organization in performing these duties.
3. The Secretariat duties of the Organization shall include：
（a） the convening of consultative meetings of the ContractingParties not less frequently than once every two years and of specialmeetings of the Parties at any time on the request of two-thirds of theParties；
（b） preparing and assisting， in consultation with the ContractingParties and appropriate International Organizations， in the developmentand implementation of procedures referred to in sub-paragraph （4） （e） ofthis Article；
（c） considering enquiries by， and information from the ContractingParties， consulting with them and with the appropriate InternationalOrganizations， and providing recommendations to the Parties on questionsrelated to， but not specifically covered by the Convention；
（d） conveying to the Parties concerned all notifications receivedby the Organization in accordance with Articles IV （3）， V （1） and （2）， VI（4）， XV， XX and XXI.
Prior to the designation of the Organization these functions shall， asnecessary， be performed by the depositary， who for this purpose shall bethe Government of the United Kingdom of Great Britain and NorthernIreland.
4. Consultative or special meetings of the Contracting Parties shallkeep under continuing review the implementation of this Convention andmay， inter alias：
（a） review and adopt amendments to this Convention and itsAnnexes in accordance with Article XV；
[ See amendments adopted on October 12， 1978 reproduced after thetext of the Convention.]
（b） invite the appropriate scientific body or bodies tocollaborate with and to advise the Parties or the Organization on anyscientific or technical aspect relevant to this Convention， includingparticularly the content of the Annexes；
（c） receive and consider reports made pursuant to Article VI （4）；
（d） promote co-operation with and between regional organizationsconcerned with the prevention of marine pollution；
（e） develop or adopt， in consultation with appropriateInternational Organizations， procedures referred to in Article V （2），including basic criteria for determining exceptional and emergencysituations， and procedures for consultative advice and the safe disposalof matter in such circumstances， including the designation of appropriatedumping areas， and recommend accordingly；
（f） consider any additional action that may be required.
5. The Contracting Parties at their first consultative meeting shallestablish rules of procedure as necessary.
Article XV
1. （a） At meetings of the Contracting Parties called in accordancewith Article XIV amendments to this Convention may be adopted by atwo-thirds majority of those present. An amendment shall enter into forcefor the Parties which have accepted it on the sixtieth day aftertwo-thirds of the Parties shall have deposited an instrument of acceptanceof the amendment with the Organization. Thereafter the amendment shallenter into force for any other Party 30 days after that Party deposits itsinstrument of acceptance of the amendment.
[ See amendments adopted on October 12， 1978 reproduced after thetext of the Convention.]
（b） The Organization shall inform all Contracting Parties of anyrequest made for a special meeting under Article XIV and of any amendmentsadopted at meetings of the Parties and of the date on which each suchamendment enters into force for each Party.
2. Amendments to the Annexes will be based on scientific or technicalconsiderations. Amendments to the Annexes approved by a two-thirdsmajority of those present at a meeting called in accordance with ArticleXIV shall enter into force for each Contracting Party immediately onnotification of its acceptance to the Organization and 100 days afterapproval by the meeting for all other Parties except for those whichbefore the end of the 100 days make a declaration that they are not ableto accept the amendment at that time. Parties should endeavour to signifytheir acceptance of an amendment to the Organization as soon as possibleafter approval at a meeting. A Party may at any time substitute anacceptance for a previous declaration of objection and the amendmentpreviously objected to shall thereupon enter into force for that Party.
3. An acceptance or declaration of objection under this Article shallbe made by the deposit of an instrument with the Organization. TheOrganization shall notify all Contracting Parties of the receipt of suchinstruments.
4. Prior to the designation of the Organization， the Secretarialfunctions herein attributed to it， shall be performed temporarily be theGovernment of the United Kingdom of Great Britain and Northern Ireland， asone of the depositories of this Convention.
Article XVI
This Convention shall be open for signature by any State at London，Mexico City， Moscow and Washington from December 29， 1972 until December31， 1973.
Article XVII
This Convention shall be subject to ratification. The instruments ofratification shall be deposited with the Governments of Mexico， the Unionof Soviet Socialist Republics， the United Kingdom of Great Britain andNorthern Ireland， and the United States of America.
Article XVIII
After December 31， 1973， this Convention shall be open for accessionby any State. The instruments of accession shall be deposited with theGovernments of Mexico， the Union of Soviet Socialist Republics， the UnitedKingdom of Great Britain and Northern Ireland， and the United States ofAmerica.
Article XIX
1. This Convention shall enter into force on the thirtieth dayfollowing the date of deposit of the fifteenth instrument of ratificationor accession.
2. For each Contracting Party ratifying or acceding to the Conventionafter the deposit of the fifteenth instrument of ratification oraccession， the Convention shall enter into force on the thirtieth dayafter deposit by such Party of its instrument of ratification oraccession.
Article XX
The depositories shall inform Contracting Parties：
（a） of signatures to this Convention and of the deposit ofinstruments of ratification， accession or withdrawal， in accordance withArticles XVI， XVII， XVIII and XXI， and
（b） of the date on which this Convention will enter into force， inaccordance with Article XIX.
Article XXI
Any Contracting Party may withdraw from this Convention by giving sixmonths" notice in writing to a depositary， which shall promptly inform allParties of such notice.
Article XXII
The original of this Convention of which the English， French， Russianand Spanish texts are equally authentic， shall be deposited with theGovernments of Mexico， the Union of Soviet Socialist Republics， the UnitedKingdom of Great Britain and Northern Ireland and the United States ofAmerica who shall send certified copies thereof to all States.
IN WITNESS WHEREOF the undersigned Plenipotentiaries， being dulyauthorized thereto by their respective Governments have signed the presentConvention.
[ Signatures omitted.]
DONE in quadruplicate at London， Mexico City， Moscow and Washington，this twenty-ninth day of December， 1972.
ANNEX I
1. Organohalogen compounds.
2. Mercury and mercury compounds.
3. Cadmium and cadmium compounds.
4. Persistent plastics and other persistent synthetic materials， forexample， netting and ropes， which may float or may remain in suspension inthe sea in such a manner as to interfere materially with fishing，navigation or other legitimate uses of the sea.
5. Crude oil， fuel oil， heavy diesel oil， and lubricating oils，hydraulic fluids， and any mixtures containing any of these， taken on boardfor the purpose of dumping.
6. High-level radio-active wastes or other high-level radio-activematter， defined on public health， biological or other grounds， by thecompetent international body in this field， at present the InternationalAtomic Energy Agency， as unsuitable for dumping at sea.
7. Materials in whatever form （e. g. solids， liquids， semi-liquids，gases or in a living state） produced for biological and chemical warfare.
8. The preceding paragraphs of this Annex do not apply to substanceswhich are rapidly rendered harmless by physical， chemical or biologicalprocesses in the sea provided they do not：
（i） make edible marine organisms unpalatable， or
（ii） endanger human health or that of domestic animals.
The consultative procedure provided for under Article XIV should befollowed by a Party if there is doubt about the harmlessness of thesubstance.
9. This Annex does not apply to wastes or other materials （e. g.sewage sludges and dredged spoils） containing the matters referred to inparagraphs 1-5 above as trace contaminants. Such wastes shall be subjectto the provisions of Annexes II and III as appropriate.
ANNEX II
The following substances and materials requiring special care arelisted for the purposes of Article VI （1） （a）。
A. Wastes containing significant amounts 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 large quantities ofacids and alkalis， consideration shall be given to the possible presencein such wastes of the substances listed in paragraph A and to thefollowing additional substances：
beryllium
chromium
} and their compounds
nickel
vanadium
C. Containers， scrap metal and other bulky wastes liable to sink tothe sea bottom which may present a serious obstacle to fishing ornavigation.
D. Radio-active wastes or other radio-active matter not included inAnnex I. In the issue of permits for the dumping of this matter， theContracting Parties should take full account of the recommendations of thecompetent international body in this field， at present the InternationalAtomic Energy Agency.
ANNEX III
Provisions to be considered in establishing criteria governing theissue of permits for the dumping of matter at sea， taking into accountArticle IV （2）， include：
A-Characteristics and composition of the matter
1. Total amount and average composition of matter dumped （e.g. peryear）。
2. Form， e. g. solid， sludge， liquid， or gaseous.
3. Properties： physical （e.g. solubility and density）， chemical andbiochemical （e.g. oxygen demand， nutrients） and biological （e.g. presenceof viruses， bacteria， yeasts， parasites）。
4. Toxicity.
5. Persistence： physical， chemical and biological.
6. Accumulation and bio-transformation in biological materials orsediments.
7. Susceptibility to physical， chemical and biochemical changes andinteraction in the aquatic environment with other dissolved organic andinorganic materials.
8. Probability of production of taints or other changes reducingmarketability of resource （fish， shellfish， etc.）
B-Characteristics of dumping site and method of deposit
1. Location （e.g. co-ordinates of the dumping area， depth and distancefrom 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， perweek， per month）。
3. Methods of packaging and containment， if any.
4. Initial dilution achieved by proposed method of release.
5. Dispersal characteristics （e.g. effects of currents， tides and windon horizontal transport and vertical mixing）。
6. Water characteristics （e.g. temperature， pH， salinity，stratification， oxygen indices of pollution-dissolved oxygen demand （BOD）-nitrogen present in organic and mineral form including ammonia， suspendedmatter， other nutrients and productivity）。
7. Bottom characteristics （e.g. topography， geochemical and geologicalcharacteristics and biological productivity）。
8. Existence and effects of other dumpings which have been made in thedumping area （e.g. heavy metal background reading and organic carboncontent）。
9. In issuing a permit for dumping， Contracting Parties shouldconsider whether an adequate scientific basis exists for assessing theconsequences of such dumping， as outlined in this Annex， taking intoaccount seasonal variations.
C-General considerations and conditions
1. Possible effects on amenities （e.g. presence of floating orstranded material， turbidity， objectionable odour， discoloration andfoaming）。
2. Possible effects on marine life， fish and shellfish culture， fishstocks and fisheries， seaweed harvesting and culture.
3. Possible effects on other uses of the sea （e.g. impairment of waterquality for industrial use， underwater corrosion of structures，interference with ship operations from floating materials， interferencewith fishing or navigation through deposit of waste or solid objects onthe sea floor and protection of areas of special importance for scientificor conservation purposes）。
4. The practical availability of alternative land-based methods oftreatment， disposal or elimination， or of treatment to render the matterless harmful for dumping at sea.
AMENDMENTS ADOPTED IN 1978 AND 1980 TO THE CONVENTION ON PREVEN-TION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER
1. AMENDMENTS TO THE CONVENTION ON THE PREVENTION OF MARINE POLLU-TION BY DUMPING OF WASTES AND OTHER MATTER CONCERNING SETTLEMENT OF DIS-PUTES （1978）
Article XI shall be replaced by the following：
Any dispute between two or more Contracting Parties concerning theinterpretation or application of this Convention shall， if settlement bynegotiation or by other means has not been possible， be submitted byagreement between the parties to the dispute to the International Court ofJustice or upon the request of one of them to arbitration. Arbitrationprocedures， unless the parties to the dispute decide otherwise， shall bein accordance with the rules set out in the Appendix to this Convention.
Article XIV （4） （a） shall be replaced by the following：
“（a） review and adopt amendments to this Convention， its Annexes andAppendix in accordance with Article XV；”。
The first sentence of Article XV （1） （a） shall be replaced by thefollowing：
“At meetings of the Contracting Parties called in accordance withArticle XIV amendments to this Convention and its Appendix may be adoptedby a two-thirds majority of those present.”
The Appendix mentioned in the amended Article XI above is set outhereunder：
APPENDIX
Article 1
1. An Arbitral Tribunal （hereinafter referred to as the “Tribunal”）shall be established upon the request of a Contracting Party addressed toanother Contracting Party in application of Article XI of the Convention.The request for arbitration shall consist of a statement of the casetogether with any supporting documents.
2. The requesting Party shall inform the Secretary-General of theOrganization of：
（i） its request for arbitration；
（ii） the provisions of the Convention the interpretation orapplication of which is， in its opinion， the subject of disagreements.
3. The Secretary-General shall transmit this information to allContracting States.
Article 2
1. The Tribunal shall consist of a single arbitrator if so agreedbetween the parties to the dispute within 30 days from the date of receiptof the request for arbitration.
2. In the case of the death， disability or default of the arbitrator，the parties to a dispute may agree upon a replacement within 30 days ofsuch death， disability or default.
Article 3
1. Where the parties to a dispute do not agree upon a Tribunal inaccordance with Article 2 of this Appendix， the Tribunal shall consist ofthree members：
（i） one arbitrator nominated by each party to the dispute； and
（ii） a third arbitrator who shall be nominated by agreementbetween the two first named and who shall act as its Chairman.
2. If the Chairman of a Tribunal is not nominated within 30 days ofnomination of the second arbitrator， the parties to a dispute shall， uponthe request of one party， submit to the Secretary-General of theOrganization within a further period of 30 days an agreed list ofqualified persons. The Secretary-General shall select the Chairman fromsuch list as soon as possible. He shall not select a Chairman who is orhas been a national of one party to the dispute except with the consent ofthe other party to the dispute.
3. If one party to a dispute fails to nominate an arbitrator asprovided in sub-paragraph （1） （i） of this Article within 60 days from thedate of receipt of the request for arbitration， the other party mayrequest the submission to the Secretary-General of the Organization withina period of 30 days of an agreed list of qualified persons. TheSecretary-General shall select the Chairman of the Tribunal from such listas soon as possible. The Chairman shall then request the party which hasnot nominated an arbitrator to do so. If this party does not nominate anarbitrator within 15 days of such request， the Secretary-General shall，upon request of the Chairman， nominate the arbitrator from the agreed listof qualified persons.
4. In the case of the death， disability or default of an arbitrator，the party to the dispute who nominated him shall nominate a replacementwithin 30 days of such death， disability or default. If the party does notnominate a replacement， the arbitration shall proceed with the remainingarbitrators. In the case of the death， disability or default of theChairman， a replacement shall be nominated in accordance with theprovision of paragraphs 1 （ii） and 2 of this Article within 90 days ofsuch death， disability or default.
5. A list of arbitrators shall be maintained by the Secretary-Generalof the Organization and composed of qualified persons nominated by theContracting Parties. Each Contracting Party may designate for inclusion inthe list four persons who shall not necessarily be its nationals. If theparties to the dispute have failed within the specified time limits tosubmit to the Secretary-General an agreed list of qualified persons asprovided for in paragraphs 2，3， and 4 of this Article， theSecretary-General shall select from the list maintained by him thearbitrator or arbitrators not yet nominated.
Article 4
The Tribunal may hear and determine counter-claims arising directlyout of the subject matter of the dispute.
Article 5
Each party to the dispute shall be responsible for the costs entailedby the preparation of its own case. The remuneration of the members of theTribunal and of all the general expenses incurred by the Arbitration shallbe borne equally by the parties to the dispute. The Tribunal shall keep arecord of all its expenses and shall furnish a final statement thereof tothe parties.
Article 6
Any Contracting Party which has an interest of a legal nature whichmay be affected by the decision in the case may， after giving writtennotice to the parties to the dispute which have originally initiated theprocedure， intervene in the arbitration procedure with the consent of theTribunal and at its own expense. Any such intervenor shall have the rightto present evidence， briefs and oral argument on the matters giving riseto its intervention， in accordance with procedures established pursuantto Article 7 of this Appendix， but shall have no rights with respect tothe composition of the Tribunal.
Article 7
A Tribunal established under the provisions of this Appendix shalldecide its own rules of procedure.
Article 8
1. Unless a Tribunal consists of a single arbitrator， decisions of theTribunal as to its procedure， its place of meeting， and any questionrelated to the dispute laid before it， shall be taken by majority vote ofits members. However， the absence or abstention of any member of theTribunal who was nominated by a party to the dispute shall not constitutean impediment to the Tribunal reaching a decision. In case of equalvoting， the vote of the Chairman shall be decisive.
2. The parties to the dispute shall facilitate the work of theTribunal and in particular shall， in accordance with their legislation andusing all means at their disposal：
（i） provide the Tribunal with all necessary documents andinformation；
（ii） enable the Tribunal to enter their territory， to hearwitnesses or experts， and to visit the scene.
3. The failure of a party to the dispute to comply with the provisionsof paragraph （2） of this Article shall not preclude the Tribunal fromreaching a decision and rendering an award.
Article 9
1. The Tribunal shall render its award within five months from thetime it is established unless it finds it necessary to extend that timelimit for a period not to exceed five months. The award of the Tribunalshall be accompanied by a statement of reasons for the decision. It shallbe final and without appeal and shall be communicated to the SecretaryGeneral of the Organization who shall inform the Contracting Parties. Theparties to the dispute shall immediately comply with the award.
2. AMENDMENTS TO ANNEXES TO THE CONVENTION ON THE PREVENTION OFMARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER CONCERNING INCINE-RATION AT SEA （1978）
The following paragraph shall be added to Annex I：
10. Paragraphs 1 and 5 of this Annex do not apply to the disposal ofwastes or other matter referred to in these paragraphs by means ofincineration at sea. Incineration of such wastes or other matter at searequires a prior special permit. In the issue of special permits forincineration the Contracting Parties shall apply the Regulations for theControl of Incineration of Wastes and Other Matter at Sea set forth in theAddendum to this Annex （which shall constitute an integral part of thisAnnex） and take full account of the Technical Guidelines on the Control ofIncineration of Wastes and Other Matter at Sea adopted by the ContractingParties in consultation.
The following paragraph shall be added to Annex II.
E. In the issue of special permits for the incineration of substancesand materials listed in this Annex， the Contracting Parties shall applythe Regulations for the Control of Incineration of Wastes and Other Matterat Sea set forth in the Addendum to Annex I and take full account of theTechnical Guidelines on the Control of Incineration of Wastes and OtherMatter at Sea adopted by the Contracting Parties in consultation， to theextent specified in these Regulations and Guidelines.
ADDENDUM REGULATIONS FOR THE CONTROL OF INCINERATION OF WASTES ANDOTHER MATTER AT SEA
PART I
Regulation 1 Definitions
For the purposes of this Addendum：
（1） “Marine incineration facility” means a vessel， platform， orother man-made structure operating for the purpose of incineration at sea.
（2） “Incineration at sea” means the deliberate combustion ofwastes or other matter on marine incineration facilities for the purposeof their thermal destruction. Activities incidental to the normaloperation of vessels， platforms or other man-made structures are excludedfrom the scope of this definition.
Regulation 2 Application
（1） Part II of these Regulations shall apply to the following wastesor other matter：
（a） those referred to in paragraph 1 of Annex I；
（b） pesticides and their by-products not covered in Annex I.
（2） Contracting Parties shall first consider the practicalavailability of alternative landbased methods of treatment， disposal orelimination， or of treatment to render the wastes or other matter lessharmful， before issuing a permit for incineration at sea in accordancewith these Regulations. Incineration at sea shall in no way be interpretedas discouraging progress towards environmentally better solutionsincluding the development of new techniques.
（3） Incineration at sea of wastes or other matter referred to inparagraph 10 of Annex I and paragraph E of Annex II， other than thosereferred to in paragraph （1） of this Regulation， shall be controlled tothe satisfaction of the Contracting Party issuing the special permit.
（4） Incineration at sea of wastes or other matter not referred to inparagraphs （1） and （3） of this Regulation shall be subject to a generalpermit.
（5） In the issue of permits referred to in paragraphs （3） and （4） ofthis Regulation， the Contracting Parties shall take full account of allapplicable provisions of these Regulations and the Technical Guidelines onthe Control of Incineration of Waste and Other Matter at Sea for the wastein question.
PART II
Regulation 3 Approval and Surveys of the Incineration System
（1） The incineration system for every proposed marine incinerationfacility shall be subject to the surveys specified below. In accordancewith Article V II （1） of the Convention， the Contracting Party whichproposes to issue an incineration permit shall ensure that the surveys ofthe marine incineration facility to be used have been completed and theincineration system complies with the provisions of these Regulations. Ifthe initial survey is carried out under the direction of a ContractingParty a special permit， which specifies the testing requirements， shall beissued by the Party. The results of each survey shall be recorded in asurvey report.
（a） An initial survey shall be carried out in order to ensure thatduring the incineration of waste and other matter combustion anddestruction efficiencies are in excess of 99.9 per cent.
（b） As a part of the initial survey the State under whosedirection the survey is being carried out shall：
（i） approve the siting， type and manner of use of temperaturemeasuring devices；
（ii） approve the gas sampling system including probelocations， analytical devices， and the manner of recording；
（iii） ensure that approved devices have been installed toautomatically shut off the feed of waste to the incinerator if thetemperature drops below approved minimum temperatures；
（iv） ensure that there are no means of disposing of wastes orother matter from the marine incineration facility except by means of theincinerator during normal operations；
（v） approve the devices by which feed rates of waste and fuelare controlled and recorded；
（vi） confirm the performance of the incineration system bytesting under intensive stack monitoring， including the measurements ofO ， CO， CO ， halogenated organic content， and total hydrocarbon content 2 2 using wastes typical of those expected to be incinerated.
（c） The incineration system shall be surveyed at least every twoyears to ensure that the incinerator continues to comply with theseRegulations. The scope of the biennial survey shall be based upon anevaluation of operating data and maintenance records for the previous twoyears.
（2） Following the satisfactory completion of a survey， a form ofapproval shall be issued by a Contracting Party if the incineration systemis found to be in compliance with these Regulations. A copy of the surveyreport shall be attached to the form of approval. A form of approvalissued by a Contracting Party shall be recognized by other ContractingParties unless there are clear grounds for believing that the incinerationsystem is not in compliance with these Regulations. A copy of each form ofapproval and survey report shall be submitted to the Organization.
（3） After any survey has been completed， no significant changes whichcould affect the performance of the incineration system shall be madewithout approval of the Contracting Party which has issued the form ofapproval.
Regulation 4 Wastes Requiring Special Studies
（1） Where a Contracting Party has doubts as to the thermaldestructibility of the wastes or other matter proposed for incineration，pilot scale tests shall be undertaken.
（2） Where a Contracting Party proposes to permit incineration ofwastes or other matter over which doubts as to the efficiency ofcombustion exist， the incineration system shall be subject to the sameintensive stack monitoring as required for the initial incineration systemsurvey. Consideration shall be given to the sampling of particulate，taking into account the solid content of the wastes.
（3） The minimum approved flame temperature shall be that specified inRegulation 5 unless the results of tests on the marine incinerationfacility demonstrate that the required combustion and destructionefficiency can be achieved at a lower temperature.
（4） The results of special studies referred to in paragraphs （1）， （2）and （3） of this Regulation shall be recorded and attached to the surveyreport. A copy shall be sent to the Organization.
Regulation 5 Operational Requirements
（1） The operation of the incineration system shall be controlled so asto ensure that the incineration of wastes or other matter does not takeplace at a flame temperature less than 1，250 degrees centigrade， except asprovided for in Regulation 4.
（2） The combustion efficiency shall be at least 99.95 ±0.05% basedon：
|--------------------| | Cco - Cco | | 2 | Combustion efficiency = | ------------------ | × 100 | Cco | | 2 | |--------------------| |-----| where | Cco | =concentration of carbon dioxide in the combustion gases | 2| |-----|
Cco = concentration of carbon monoxide in the combustion gases.
（3） There shall be no black smoke nor flame extension above the planeof the stack.
（4） The marine incineration facility shall reply promptly to radiocalls at all times during the incineration.
Regulation 6 Recording Devices and Records
（1） Marine incineration facilities shall utilize recording devices ormethods as approved under Regulation 3. As a minimum， the following dateshall be recorded during each incineration operation and retained forinspection by the Contracting Party who has issued the permit：
（a） continuous temperature measurements by approved temperaturemeasuring devices；
（b） date and time during incineration and record of waste beingincinerated；
（c） vessel position by appropriate navigational means；
（d） feed rates of waste and fuel-for liquid wastes and fuel theflow rate shall be continuously recorded； the latter requirement does notapply to vessels operating on or before January 1， 1979；
|-----| (e) CO and | CO | concentration in combustion gases; | 2 | |-----|
（f） vessel"s course and speed.
（2） Approval forms issued， copies of survey reports prepared inaccordance with Regulation 3 and copies of incineration permits issued forthe wastes or other matter to be incinerated on the facility by aContracting Party shall be kept at the marine incineration facility.
Regulation 7 Control over the Nature of Wastes Incinerated
A permit application for the incineration of wastes or other matter atsea shall include information on the characteristics of wastes or othermatter sufficient to comply with the requirements of Regulation 9.
Regulation 8 Incineration Sites
（1） Provisions to be considered in establishing criteria governing theselection of incineration sites shall include， in addition to those listedin Annex III to the Convention， the following：
（a） the atmospheric dispersal characteristics of thearea-including wind speed and direction， atmospheric stability， frequencyof inversions and fog， precipitation types and amounts， humidity-in orderto determine the potential impact on the surrounding environment ofpollutants released from the marine incineration facility， givingparticular attention to the possibility of atmospheric transport ofpollutants to coastal areas；
（b） oceanic dispersal characteristics of the area in order toevaluate the potential impact of plume interaction with the water surface；
（c） availability of navigational aids.
（2） The co-ordinates of permanently designated incineration zonesshall be widely disseminated and communicated to the Organization.
Regulation 9 Notification
Contracting Parties shall comply with notification procedures adoptedby the Parties in consultation.
3. AMENDMENT OF THE LISTS OF SUBSTANCES CONTAINED IN ANNEXES I ANDIITO THE LONDON DUMPING CONVENTION （1980）
Paragraph 5 of Annex I shall be amended as follows：
“5 Crude oil and its wastes， refined petroleum products， petroleumdistillate residues， and any mixtures containing any of these， taken onboard for the purpose of dumping.”
The following paragraph shall be added to Annex II：
“F Substances which， though of a non-toxic nature， may become harmfuldue to the quantities in which they are dumped， or which are liable toseriously reduce amenities.”
4. AMENDMENT TO ANNEX III TO THE LONDON DUMPING CONVENTION （1990）
The following paragraph shall be added to Annex III， Section A：
“9. In issuing a permit for dumping， Contracting Parties shouldconsider whether an adequate scientific basis exists concerningcharacteristics and composition of the matter to be dumped to assess theimpact of the matter on marine life and on human health.”，
