<КОНВЕНЦИЯ О ПРЕДОТВРАЩЕНИИ ЗАГРЯЗНЕНИЯ МОРЯ ИЗ НАЗЕМНЫХ ИСТОЧНИКОВ> [англ.](Заключена в г. Париже 04.06.1974)


CONVENTION
FOR THE PREVENTION OF MARINE POLLUTION
FROM LAND-BASED SOURCES
(Paris, 4.VI.1974)
The Contracting Parties:
Recognizing that the marine environment and the fauna and flora which it supports are of vital importance to all nations;
Mindful that the ecological equilibrium and the legitimate uses of the sea are increasingly threatened by pollution;
Considering the recommendations of the United Nations Conference on the Human Environment, held in Stockholm in June 1972; <*>
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<*> Report of the United Nations Conference on the Human Environment, Stockholm, 5 - 16 June 1972 (document A/CONF.48/14/Rev.1 or United Nations publication, Sales No. E.73.II.A.14).
Recognizing that concerted action at national, regional and global levels is essential to prevent and combat marine pollution;
Convinced that international action to control the pollution of the sea from land-based sources can and should be taken without delay, as part of progressive and coherent measures to protect the marine environment from pollution, whatever its origin, including current efforts to combat the pollution of international waterways;
Considering that the common interests of States concerned with the same marine area should induce them to cooperate at regional or sub-regional levels;
Recalling the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft concluded in Oslo on 15 February 1972, <*>
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<*> United Nations, Treaty Series, vol. 932, p. 3.
Have agreed as follows:
Article 1
1. The Contracting Parties pledge themselves to take all possible steps to prevent pollution of the sea, by which is meant the introduction by man, directly or indirectly, of substances or energy into the marine environment (including estuaries) resulting in such deleterious effects as hazards to human health, harm to living resources and to marine eco-systems, damage to amenities or interference with other legitimate uses of the sea.
2. The Contracting Parties shall adopt individually and jointly measures to combat marine pollution from land-based sources in accordance with the provisions of the present Convention and shall harmonize their policies in this regard.
Article 2
The present Convention shall apply to the maritime area within the following limits:
a) Those parts of the Atlantic and Arctic Oceans and the dependent seas which lie North of 36 deg. north latitude and between 42 deg. west longitude and 51 deg. east longitude, but excluding:
i) The Baltic Sea and Belts lying to the south and east of lines drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbjerg and from Gilbjerg Head to Kullen, and
ii) The Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36 deg. north latitude and the meridian of 5 deg. 36 min. west longitude;
b) That part of the Atlantic Ocean north of 59 deg. north latitude and between 44 deg. west longitude and 42 deg. west longitude.
Article 3
For the purpose of the present Convention:
a) "Maritime area" means: the high seas, the territorial seas of Contracting Parties and waters on the landward side of the base lines from which the breadth of the territorial sea is measured and extending in the case of watercourses, unless otherwise decided under article 16 "c" of the present Convention, up to the freshwater limit;
b) "Freshwater limit" means: the place in the watercourse where, at low tide and in a period of low freshwater flow, there is an appreciable increase in salinity due to the presence of seawater;
c) "Pollution from land-based sources" means: the pollution of the maritime area
i) Through watercourses,
ii) From the coast, including introduction through underwater or other pipelines,
iii) From man-made structures placed under the jurisdiction of a Contracting Party within the limits of the area to which the present Convention applies.
Article 4
1. The Contracting Parties undertake:
a) To eliminate, if necessary by stages, pollution of the maritime area from land-based sources by substances listed in Part I of Annex A to the present Convention;
b) To limit strictly pollution of the maritime area from land-based sources by substances listed in Part II of Annex A to the present Convention.
2. In order to carry out the undertakings in paragraph 1 of this Article, the Contracting Parties, jointly or individually as appropriate, shall implement programmes and measures:
a) For the elimination, as a matter of urgency, of pollution of the maritime area from landbased sources by substances listed in Part I of Annex A to the present Convention;
b) For the reduction or, as appropriate, elimination of pollution of the maritime area from land-based sources by substances listed in Part II of Annex A to the present Convention. These substances shall be discharged only after approval has been granted by the appropriate authorities within each contracting State. Such approval shall be periodically reviewed.
3. The programmes and measures adopted under paragraph 2 of this article shall include, as appropriate, specific regulations or standards governing the quality of the environment, discharges into the maritime area, such discharges into watercourses as affect the maritime area, and the composition and use of substances and products. These programmes and measures shall take into account the latest technical developments.
The programmes shall contain time-limits for their completion.
4. The Contracting Parties may, furthermore, jointly or individually as appropriate, implement programmes or measures to forestall, reduce or eliminate pollution of the maritime area from land-based sources by a substance not then listed in Annex A to the present Convention, if scientific evidence has established that a serious hazard may be created in the maritime area by that substance and if urgent action is necessary.
Article 5
1. The Contracting Parties undertake to adopt measures to forestall and, as appropriate, eliminate pollution of the maritime area from land-based sources by radio-active substances referred to in Part III of Annex A of the present Convention.
2. Without prejudice to their obligations under other treaties and conventions in implementing this undertaking, the Contracting Parties shall:
a) Take full account of the recommendations of the appropriate international organisations and agencies;
b) Take account of the monitoring procedures recommended by these international organisations and agencies;
c) Coordinate their monitoring and study of radioactive substances in accordance with Articles 10 and 11 of the present Convention.
Article 6
1. With a view to preserving and enhancing the quality of the marine environment, the Contracting Parties, without prejudice to the provisions of Article 4, shall endeavour:
a) To reduce existing pollution from land-based sources;
b) To forestall any new pollution from land-based sources, including that which derives from new substances.
2. In implementing this undertaking, the Contracting Parties shall take account of:
a) The nature and quantities of the pollutants under consideration;
b) The level of existing pollution;
c) The quality and absorptive capacity of the receiving waters of the maritime area;
d) The need for an integrated planning policy consistent with the requirement of environmental protection.
Article 7
The Contracting Parties agree to apply the measures they adopt in such a way as to avoid increasing pollution:
- In the seas outside the area to which the present Convention applies;
- In the maritime area covered by the present Convention, originating otherwise than from land-based sources.
Article 8
No provision of the present Convention shall be interpreted as preventing the Contracting Parties from taking more stringent measures to combat marine pollution from land-based sources.
Article 9
1. When pollution from land-based sources originating from the territory of a Contracting Party by substances not listed in Part I of Annex A of the present Convention is likely to prejudice the interests of one or more of the other Parties to the present Convention, the Contracting Parties concerned undertake to enter into consultation, at the request of any one of them, with a view to negotiating a cooperation agreement.
2. At the request of any Contracting Party concerned, the Commission referred to in Article 15 of the present Convention shall consider the question and may make recommendations with a view to reaching a satisfactory solution.
3. The special agreements specified in paragraph 1 of this Article may, among other things, define the areas to which they shall apply, the quality objectives to be achieved, and the methods for achieving these objectives including methods for the application of appropriate standards and the scientific and technical information to be collected.
4. The Contracting Parties signatory to these special agreements shall, through the medium of the Commission, inform the other Contracting Parties of their purport and of the progress made in putting them into effect.
Article 10
The Contracting Parties agree to establish complementary or joint programmes of scientific and technical research, including research into the best methods of eliminating or replacing noxious substances so as to reduce marine pollution from land-based sources, and to transmit to each other the information so obtained. In doing so they shall have regard to the work carried out, in these fields, by the appropriate international organizations and agencies.
Article 11
The Contracting Parties agree to set up progressively and to operate within the area covered by the present Convention a permanent monitoring system allowing:
- The earliest possible assessment of the existing level of marine pollution;
- The assessment of the effectiveness of measures for the reduction of marine pollution from land-based sources taken under the terms of the present Convention.
For this purpose the Contracting Parties shall lay down the ways and means of pursuing individually or jointly systematic and ad hoc monitoring programmes. These programmes shall take into account the deployment of research vessels and other facilities in the monitoring area.
The programmes shall take into account similar programmes pursued in accordance with conventions already in force and by the appropriate international organisations and agencies.
Article 12
1. Each Contracting Party undertakes to ensure compliance with the provisions of this Convention and to take in its territory appropriate measures to prevent and punish conduct in contravention of the provisions of the present Convention.
2. The Contracting Parties shall inform the Commission of the legislative and administrative measures they have taken to implement the provisions of the preceding paragraph.
Article 13
The Contracting Parties undertake to assist one another as appropriate to prevent incidents which may result in pollution from land-based sources, to minimize and eliminate the consequences of such incidents, and to exchange information to that end.
Article 14
1. The provisions of the present Convention may not be invoked against a Contracting Party to the extent that the latter is prevented, as a result of pollution having its origin in the territory of a non-Contracting State, from ensuring their full application.
2. However, the said Contracting Party shall endeavour to cooperate with the non-Contracting State so as to make possible the full application of the present Convention.
Article 15
A Commission composed of representatives of each of the Contracting Parties is hereby established. The Commission shall meet at regular intervals and at any time when due to special circumstances it is so decided in accordance with its rules of procedure.
Article 16
It shall be the duty of the Commission:
a) To exercise overall supervision over the implementation of the present Convention;
b) To review generally the condition of the seas within the area to which the present Convention applies, the effectiveness of the control measures being adopted and the need for any additional or different measures;
c) To fix, if necessary, on the proposal of the Contracting Party or Parties bordering on the same watercourse and following a standard procedure, the limit to which the maritime area shall extend in that watercourse;
d) To draw up, in accordance with Article 4 of the present Convention, programmes and measures for the elimination or reduction of pollution from land-based sources;
e) To make recommendations in accordance with the provisions of Article 9;
f) To receive and review information and distribute it to the Contracting Parties in accordance with the provisions of Articles 11, 12 and 17 of the present Convention;
g) To make, in accordance with Article 18, recommendations regarding any amendment to the lists of substances included in Annex A to the present Convention;
h) To discharge such other functions, as may be appropriate, under the terms of the present Convention.
Article 17
The Contracting Parties, in accordance with a standard procedure, shall transmit to the Commission:
a) The results of monitoring pursuant to Article 11;
b) The most detailed information available on the substances listed in the Annexes to the present Convention and liable to find their way into the maritime area.
The Contracting Parties shall endeavour to improve progressively techniques for gathering such information which can contribute to the revision of the pollution reduction programmes drawn up in accordance with Article 4 of the present Convention.
Article 18
1. The Commission shall draw up its own Rules of Procedure which shall be adopted by unanimous vote.
2. The Commission shall draw up its own Financial Regulations which shall be adopted by unanimous vote.
3. The Commission shall adopt, by unanimous vote, programmes and measures for the reduction or elimination of pollution from land-based sources as provided for in Article 4, programmes for scientific research and monitoring as provided for in Articles 10 and 11, and decisions under Article 16 "c".
The programmes and measures shall commence for and be applied by all Contracting

"ПРОТОКОЛ К КОНСУЛЬСКОМУ ДОГОВОРУ МЕЖДУ СССР И АВСТРИЙСКОЙ РЕСПУБЛИКОЙ ОТ 28 ФЕВРАЛЯ 1959 ГОДА"(Подписан в г. Москве 31.05.1974)  »
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