THE LONDON CONVENTION 1972 / 1996 PROTOCOL ACHIEVEMENTS AND VALUE FOR MARINE POLLUTION PREVENTION AND WASTE MANAGEMENT

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THE LONDON CONVENTION 1972 / 1996
PROTOCOLACHIEVEMENTS AND VALUE FOR MARINE
POLLUTIONPREVENTION AND WASTE MANAGEMENT René
CoenenInternational Maritime Organization (IMO)
April 2006
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INTRODUCTION

• The Convention on the Prevention of Marine
  Pollution by Dumping of Wastes and Other Matter
  1972 (known as the London Convention) is one of
  the oldest global conventions to protect the
  marine environment from human activities and has
  been in force since 1975
•  
• Its objective is to promote the effective control
  of ALL SOURCES of marine pollution and take all
  practicable steps to prevent pollution of the sea
  by dumping of wastes and other matter (Articles I
  and II)
•  
• 81 States are Party to the London Convention

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WHAT IS DUMPING?

• DUMPING IS THE DELIBERATE DISPOSAL AT SEA OF
  WASTES LOADED ON BOARD A VESSEL
• DUMPING IS NOT
• Pipeline discharges from land
• Operational discharges from vessels or offshore
  installations

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LONDON CONVENTION MAIN ACHIEVEMENTS

• Unregulated dumping and incineration activities
  of the 1960s and 1970s have stopped
• All dumping is subject to licensing and
  controlled by regulatory programmes to assess the
  need for and potential impact of dumping
• Dumping is eliminated of certain wastes and sound
  waste management and pollution prevention are
  promoted
•  
• Prohibitions are in force since mid-1990s for the
  dumping of industrial and radioactive wastes and
  incineration at sea of industrial waste and
  sewage sludge

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LONDON PROTOCOL BASIC RULES (1)

• The 1996 Protocol to the London Convention
  (London Protocol) is developed to modernize and
  eventually replace the Convention.
• The Protocol is in force since 24 March 2006 and
  has currently 26 Parties
• Its objective is to .protect and preserve the
  marine environment from ALL SOURCES of pollution
  and take effective measures, according to
  Parties scientific, technical and economic
  capabilities, to prevent, reduce and where
  practicable eliminate pollution caused by dumping
  or incineration at sea of wastes and other
  matter. Where appropriate, Parties shall
  harmonize their policies in this regard.
  (Article 2)
•  

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LONDON PROTOCOL BASIC RULES (2)

•  
• The London Protocol prohibits all dumping except
  for possibly acceptable wastes on the so-called
  reverse list in annex 1. These are
•  
• dredged material
• sewage sludge
• fish wastes, or material resulting from
  industrial fish processing operations
• vessels and platforms or other man-made
  structures at sea
• inert, inorganic geological material (e.g.,
  mining wastes)
• organic material of natural origin
• bulky items primarily comprising iron, steel and
  concrete for which the concern is physical impact
  (conditions apply)

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LONDON PROTOCOL BASIC RULES (3)

• Protection of the sea and the sea-bed
• Internal waters remain excluded, unless a party
  opts-in (Art. 7.2)
• No incineration at sea (Art. 5)
• No export of wastes to other countries for
  dumping or incineration (Art.6)
• Designation of a national authority to implement
  the Protocol
• Dumping allowed only on the basis of a permit
• Reporting (Art. 9) and compliance (Art. 11)
  enhanced
• Technical co-operation (Art.13) and Transitional
  period (Art. 26)

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LONDON PROTOCOL BASIC RULES (4)

• Precautionary approach
• ..Parties shall apply a precautionary approach
  to environmental protection from dumping whereby
  appropriate preventative measures are taken when
  there is reason to believe that wastes etc.
  introduced in the marine environment are likely
  to cause harm even when there is no conclusive
  evidence to prove a causal relation between
  inputs and their effects (Art. 3.1)
• Meaning for dredged materials
• Sometimes more restrictions to dumping
• Strong emphasis on control of contaminants at
  source

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LONDON PROTOCOL BASIC RULES (5)

• Reference to "polluter-pays principle"
• ".Parties shall endeavour to promote practices
  whereby those it has authorized to engage in
  dumping or incineration at sea bear the cost of
  meeting the pollution prevention and control
  requirements for the authorized activities,
  having due regard to the public interest. (Art
  3.2)
• Meaning for dredged materials
• Incentive for proper allocation of environmental
  costs
• In practice costs of monitoring can be charged
  to the applicant
• Recognition that contamination of sediments is
  often caused elsewhere, for instance by
  industrial discharges up river

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LONDON PROTOCOL REGIONAL CO-OPERATION (Art. 12)

• Encourages Parties to co-operate in a regional
  context for the objectives of the Protocol,
  taking into account characteristic regional
  features
• Includes an encouragement to develop regional
  agreements consistent with the Protocol
• Protocol Parties to co-operate with parties to
  regional agreements for the development of
  harmonized procedures

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MAIN ACHIEVEMENTS

• Based on annex 2 to the Protocol, 8 guidelines
  have been developed in the period 1997 2001 for
  a logical, step-by-step assessment of each waste
  category addressing
• waste prevention audit
• assessment of alternatives
• waste characterization
• Action List
• assessment of potential effects of sea and land
  disposal options
• disposal site selection
• monitoring and licensing procedures
• These guidelines apply both to the London
  Convention and Protocol ensuring that technical
  standards are at the same level

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MAIN ACHIEVEMENTS

• The 8 assessment guidelines are also useful
  elsewhere as they are based on generally accepted
  approaches for sound waste management and
  pollution prevention
•  
• Guidance on national implementation of the London
  Protocol gives an outline of action which States
  should take at the national level
•  
• Technical co-operation and assistance programme
  set up to assist Parties with capacity building
  for waste assessment and management
•  
• Parties have acquired a wealth of experience on
  marine pollution prevention issues,
  interpretation of the Convention and Protocol,
  licensing, compliance and field monitoring
  activities

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CURRENT TRENDS IN DUMPING

• Annually 250 to 400 million tonnes of dredged
  material are dumped in Convention waters, 10 of
  which is contaminated from shipping, industrial
  and municipal discharges, land run-off
• Dredged material constitutes 80 to 90 of all
  materials dumped
• Other materials dumped include 
• sewage sludge (only Japan, Republic of Korea)
• decommissioned vessels
• organic materials, e.g., food and beverage
  processing wastes, spoilt cargoes
• fish wastes
• mining wastes

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RELATIONS WITH OTHER INTERNATIONAL AGREEMENTS AND
PROGRAMMES

• Many other global and regional environmental
  agreements and programmes have been concluded
  since the London Convention entered into force in
  1975
• London Convention and Protocol provide global
  rules and standards on dumping as required under
  Article 210.6 of UNCLOS (1982)
• For their implementation the Convention and
  Protocol co-ordinate with these agreements.
  Cross-sectoral activities include
•  
• Promotion of waste prevention at source. More
  restrictions on dumping inevitably means more
  attention for sound solutions on land and, thus,
  implementation of both London Convention/Protocol
  and other agreements and programmes
•  
• Development of advice which is complementary to
  that developed under other agreements and
  supporting Basel Convention (1989), MARPOL 73/78,
  UNEP-GPA (1995), and UNEP Regional Seas
  Programme. Recent example Co-operation with
  MEPC to clarify boundaries between MARPOL and
  the London Convention and Protocol re
  dumping/discharges and spoilt cargoes.

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CURRENT MEETING PRIORITIES

• Improvement of compliance. Emphasis is on
  collaboration and promotion of compliance, as
  opposed to sanctions for non-compliance
• Further improvement of the scientific evaluation
  of environmental acceptability of wastes proposed
  for dumping, including monitoring and assessment
  of disposal options
• Technical co-operation and assistance activities
  undertaken in collaboration with similar
  programmes under other agreements wherever
  possible
• Outreach activities to prospective new Parties to
  the Protocol
• Regulation of CO2 sequestration in geological
  formations under the London Convention and
  Protocol
• Creation of collaborative arrangements with
  international organizations (UNEP, IOI, IOC, FAO,
  ECPP)

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MAIN ADVANTAGES OF PROTOCOLOVER THE CONVENTION

• Protocol is a more modern and comprehensive
  treaty on dumping
• More restrictions on dumping apply, although
  technical standards are the same
• Protocol covers storage in the seabed and
  abandonment of offshore installations
• Protocol contains clearer linkages with other
  international environmental agreements developed
  since 1972
• More pragmatic in its orientation to commonly
  generated waste categories rather than
  contaminants. This makes it easier to apply for
  administrations
• Key waste assessment provisions are now included
  in annex 2 to the Protocol, rather than in
  (non-binding) guidelines
• Protocol includes transitional period provision
  assisting new Parties towards achieving full
  compliance (conditions apply)
• Includes arrangements for settlement of disputes

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POTENTIAL BENEFITS FOR STATES WHEN JOINING
LONDON PROTOCOL

• A better capability to prevent marine pollution
  from dumping activities
• Access to the annual meetings of Parties (policy
  and regulatory aspects of dumping and protection
  of the marine environment), and the annual
  meetings of the Scientific Group (scientific and
  technical aspects of dumping)
• Joining an agreement for control of ALL SOURCES
  of marine pollution which promotes finding the
  best overall environmental solution to specific
  problems and sustainable use of the oceans
• Gives an additional tool to protect the coastal
  zone and marine environment
• Access to technical assistance and experience of
  other Parties to aid marine environmental
  protection and capacity building

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POTENTIAL COSTS FOR STATES WHEN JOINING LONDON
PROTOCOL

• There are no membership fees. The potential
  costs vary and depend on the dumping activities
  but funding would be required for
• Preparing enabling national legislation
• Administering a licensing system and assessment
  procedures
• Conducting field and compliance monitoring
  activities and preparing reports thereon
• Attending annual meetings of the Parties and the
  Scientific Group

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INITIAL STEPS FOR STATES TOWARDS MEMBERSHIP OF
LONDON PROTOCOL

• Study guidance on national implementation of the
  Protocol to see what is required
• Contact any of the current Parties in your
  vicinity and learn from their experience
• Attend a London Convention/Protocol meeting as an
  observer. These meetings are always open to UN
  Member States
• Visit the London Convention Website and/or
  contact the Secretariat for further information

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WHO TO CONTACT?

• I M O Office for the London Convention 1972
• 4 Albert Embankment
• London SE1 7SR
• United Kingdom
• Tel [phone]
• Fax [phone]
• Email rcoenen_at_imo.org
• http//www.londonconvention.org