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THE LONDON CONVENTION 1972 / 1996 PROTOCOL: …

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LONDON CONVENTION AND PROTOCOL:
INTRODUCTION, ACHIEVEMENTS AND MEMBERSHIP
IMPLICATIONS
OUTLINE OF THIS PRESENTATION:
•
•
•
•
•
Introduction and
“orientation”
Achievements
Lessons learned
Current and future
issues
Membership implications
INTRODUCTION
• The London Convention 1972 (LC) is one of the first
global conventions to protect the marine environment
from human activities and has been in force since
1975. 85 States are parties to it.
• The London Protocol 1996 (LP), which will eventually
replace LC, is in force since 24 March 2006. 37 States
are parties to it 31 of which are also parties to LC.
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
“ORIENTATION”
• The objective of LP is to:
– …..protect and preserve the marine environment
from ALL SOURCES of pollution, and
– take effective measures,…….. to prevent, reduce
and where practicable eliminate pollution caused
by dumping or incineration at sea of wastes.
• So LC + LP govern dumping activities world-wide, but
always from the perspective of protection from all
sources of pollution.
“ORIENTATION”
All dumping is prohibited except for possibly acceptable wastes in annex
1 to LP:
– 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)
– CO2 capture and storage in sub-seabed geological formations
(2006)
“ORIENTATION”
• 6 of these 8 waste
streams are generated
on land
• Sediments are dredged
from harbours and
estuaries, but its quality
as a potential resource
is often determined by
up stream sources:
Hence the need for
watershed (catchment
areas) management
LONDON PROTOCOL
BASIC RULES (1)
•
•
•
•
•
•
•
•
Protection of the sea and the sea-bed (“Sea” means all marine waters
other than internal waters of States….)
Internal waters are 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” option for new
Parties till 24 March 2011 (Art. 26)
LONDON PROTOCOL
BASIC RULES (2)
• 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 waste 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
LONDON PROTOCOL
BASIC RULES (3)
• 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
– Also recognition that contamination of sediments is often caused
elsewhere
CURRENT TRENDS IN DUMPING
•
Annually 200 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 (Republic of Korea till 2011)
– decommissioned vessels
– organic materials, e.g. food and beverage processing wastes, spoilt
cargoes
– fish wastes
– mining wastes
ACHIEVEMENTS (1)
• Parties have stopped unregulated dumping and incineration
activities of the 1960s and 1970s (1st phase)
• All dumping is subject to licensing and controlled by regulatory
programmes to assess the need for and potential impact of
dumping
• Prohibitions extended since mid-1990s for dumping of industrial
and radioactive wastes and incineration at sea (2nd phase)
In other words, the “core business” under LC and LP is under control
and the main politically sensitive issues of the past have been
resolved.
ACHIEVEMENTS (2)
9 guidelines have been developed 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
ACHIEVEMENTS (3)
–
–
–
–
–
These 9 guidelines draw on generally
accepted approaches for integrated waste
management and pollution prevention and
are therefore also useful for other fora!!
(Reviews are regularly made)
Guidelines for the Sampling and Analysis of
Dredged Material Intended for Disposal at
Sea (2004)
Guidelines for placement of artificial reefs
(2008)
Training materials are being expanded and
adapted (low-tech extension: 2009)
Guidance how to develop an “Action list”
(2008)
LESSONS LEARNED
•
Parties gained a wealth of practical experience on marine pollution
prevention issues, interpretation, licensing, compliance and field
monitoring activities.
•
Full compliance still remains a substantial problem for many Parties, due
to technical, legal and administrative issues. Improvement of compliance
is regularly discussed since 1999. A “Compliance Group” has been
established (first session in 2008). A “Barriers to compliance” project
is currently being implemented (2008-2011).
•
Continuous outreach activities to new Parties are a necessity.
•
Not all Parties and potential Parties can afford coming to meetings in
London. Hence promotion of LP since 1996 in Regional and National
Workshops such as this Workshop in Muscat.
•
Collaborative agreements with other organizations (UNEP, IOI, IOC?
FAO?) to move from “ad hoc” to more programmatic co-operation.
CURRENT AND FUTURE ISSUES
•
Core issues under control, so more attention for new, “boundary” issues,
which invariably demand co-operation:
– Spoilt cargo management 2008 (LP>>IMO)
– LP amendments in 2006 permitting CO2 capture and storage in subseabed geological formations to limit ocean acidification
(LP>>UNFCCC and IPCC)
– Regulation of ocean fertilization (2008–2009)(LP>>IOC, UNEP, CBD,
GESAMP)
– Ship-recycling convention in 2009 (IMO>>LP)
– Advice on Best Management Practices to remove TBT Paints from
ships (IMO’s prohibition of TBT antifoulants in 2008) (LP>> IMO
and GPA)
– Placement of artificial reefs in the oceans (2008)
OCEAN FERTILIZATION:
ACTIVITIES UNDER LC/LP
• What is it?: Stimulation of natural photosynthesis in the
oceans, i.e., by “seeding” with iron particles, to draw down
part of the surplus of CO2 from the atmosphere
• Concerns: (1) effectiveness of the method, does it work? (2)
potential impacts on the marine environment and human
health
• Action in 2007: Parties issued “Statement of Concern” and
agreed to work towards regulation of ocean fertilization
• Action in 2008: “Policy” resolution adopted allowing only
“legitimate scientific research” (no commercial activities!)
• Action in 2009??: Possibly: legally binding resolution or
amendment of LP to regulate this activity
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
Groups (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
• 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
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 procedures
– Conducting field and compliance monitoring activities and
preparing reports thereon
– Attending annual meetings of the Parties and the
Scientific Groups
WHO TO CONTACT?
I M O Office for the London Convention and Protocol
4 Albert Embankment
London SE1 7SR
United Kingdom
Tel: +44(0)20-7735-7611
Fax: +44(0)20-7587-3210
rcoenen@imo.org
ekleverlaan@imo.org
http://www.londonconvention.org
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