<КОНВЕНЦИЯ О ПРЕДОТВРАЩЕНИИ ЗАГРЯЗНЕНИЯ МОРЯ ИЗ НАЗЕМНЫХ ИСТОЧНИКОВ> [англ.](Заключена в г. Париже 04.06.1974)
FOR THE PREVENTION OF MARINE POLLUTION
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;
<*> 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.
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
Considering that the common interests of States concerned
with the same marine area should induce them to cooperate at regional or
Recalling the Convention for the Prevention of
Marine Pollution by Dumping from Ships and Aircraft concluded in Oslo on 15
February 1972, <*>
Nations, Treaty Series, vol. 932, p. 3.
Have agreed as follows:
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
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.
For the purpose of the
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;
"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
iii) From man-made structures placed under the jurisdiction
of a Contracting Party within the limits of the area to which the present
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
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
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;
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
The programmes shall contain time-limits for their
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.
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
2. Without prejudice to their obligations under other
treaties and conventions in implementing this undertaking, the Contracting
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
c) Coordinate their monitoring and study of radioactive
substances in accordance with Articles 10 and 11 of the present Convention.
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
b) To forestall any new pollution from land-based
sources, including that which derives from new substances.
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
The Contracting Parties agree to apply the
measures they adopt in such a way as to avoid increasing pollution:
the seas outside the area to which the present Convention applies;
the maritime area covered by the present Convention, originating otherwise than
from land-based sources.
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
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
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
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.
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.
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.
The Contracting Parties agree to set up progressively and to
operate within the area covered by the present Convention a permanent monitoring
- 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
The programmes shall take into account similar
programmes pursued in accordance with conventions already in force and by the
appropriate international organisations and agencies.
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
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.
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.
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.
It shall be the duty of the
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
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
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;
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.
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
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
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 Parties two hundred days after their adoption, unless the Commission
specifies another date.
Should unanimity not be attainable, the
Commission may nonetheless adopt a programme or measures by a three quarters
majority vote of its members. The programme or measures shall commence for those
Contracting Parties which voted for them two hundred days after their adoption,
unless the Commission specifies another date, and for any other Contracting
Party after it has explicitly accepted the programme or measures, which it may
do at any time.
4. The Commission may adopt recommendations for
amendments to Annex A to the present Convention by a three quarters majority
vote of its members and shall submit them for the approval of the Governments of
the Contracting Parties. Any Government of a Contracting Party that is unable to
approve an amendment shall notify the depositary Government in writing within a
period of two hundred days after the adoption of the Recommendation of amendment
in the Commission. Should no such notification be received, the amendment shall
enter into force for all Contracting Parties two hundred and thirty days after
the vote in the Commission. The depositary Government shall notify the
Contracting Parties as soon as possible of the receipt of any notification.
Within the areas of its competence, the European Economic
Community is entitled to a number of votes equal to the number of its member
States which are Contracting Parties to the present Convention.
European Economic Community shall not exercise its right to vote in cases where
its member States exercise theirs and conversely.
depositary Government shall convene the first meeting of the Commission as soon
as possible after the coming into force of the present Convention.
Any dispute between Contracting Parties relating to the interpretation
or application of the present Convention, wich cannot be settled otherwise by
the Parties concerned, for instance by means of inquiry or conciliation within
the Commission, shall, at the request of any of those Parties, be submitted to
arbitration under the conditions laid down in Annex B to the present
The present Convention shall be open for
signature at Paris, from 4th June 1974 to 30th June 1975, by the States invited
to the Diplomatic Conference on the Convention for the prevention of Marine
Pollution from Land-Based Sources, held at Paris, and by the European Economic
The present Convention shall be subject to
ratification, acceptance and approval. The instruments of ratification,
acceptance or approval shall be deposited with the Government of the French
1. After 30th June 1975, the present Convention
shall be open for accession by States referred to in Article 22 and by the
European Economic Community.
2. The present Convention shall also be
open for accession from the same date by any other Contracting Party to the
Convention for the Prevention of Marine Pollution by Dumping from Ships and
Aircraft, opened for signature at Oslo on 15th February 1972.
the date of its entry into force, the present Convention shall be open for
accession by any State not referred to in Article 22, located upstream on
watercourses crossing the territory of one or more Contracting Parties to the
present Convention and reaching the maritime area defined in Article 2.
4. The Contracting Parties may unanimously invite other States to accede to the
present Convention. In that case the maritime area in Article 2 may, if
necessary, be amended in accordance with Article 27 of the present
5. The instruments of accession shall be deposited with the
Government of the French Republic.
1. The present
Convention shall come into force on the thirtieth day following the date of
deposit of the seventh instrument of ratification, acceptance, approval or
2. For each Party ratifying, accepting or approving the
present Convention or acceding to it after the deposit of the seventh instrument
of ratification, acceptance, approval or accession, the present Convention shall
enter into force on the thirtieth day after the date of deposit by that Party of
its instrument of ratification, acceptance, approval or accession.
At any time after the expiry of two years from the date of coming into
force of the present Convention in relation to any Contracting Party such Party
may withdraw from the Convention by notice in writing to the depositary
Government. Such notice shall take effect one year after the date on which it is
1. The depositary Government shall, at the
request of the Commission on a decision taken by a two-thirds majority of its
members, call a Conference for the purpose of revising or amending the present
2. Upon accession by a State as provided for in paragraphs
2, 3 and 4 of Article 24, the maritime area in Article 2 may be amended upon a
proposal by the Commission adopted by a unanimous vote. These amendments shall
enter into force after unanimous approval by the Contracting Parties.
The depositary Government shall inform the Contracting Parties
and those referred to in Article 22:
a) Of signatures to the present
Convention, of the deposit of instruments of ratification, acceptance, approval
or accession, and of notices of withdrawal in accordance, with Articles 22, 23,
24 and 26;
b) Of the date on which the present Convention comes into
force in accordance with Article 25;
c) Of the receipt of notifications
of approval or objection, and of the entry into force of amendments to the
present Convention and its Annexes, in accordance with Articles 18 and 27.
The original of the present Convention of which the French and
English texts shall be equally authentic, shall be deposited with the Government
of the French Republic which shall send certified copies thereof to the
Contracting Parties and the States referred to in Article 22 and shall deposit a
certified copy with the Secretary General of the United Nations for registration
and publication in accordance with i Article 102 of the United Nations
In witness whereof, the undersigned, duly authorized to their
respective Governments, have signed this Convention.
Done at Paris, this
4th day of June 1974.
The allocation of substances
to Parts I, II and III below takes account of the following criteria:
b) Toxicity or other noxious properties;
Tendency to bio-accumulation.
These criteria are not necessarily of
equal importance for a particular substance or group of substances, and other
factors, such as the location and quantities of the discharge, may need to be
The following substances are included in this
i) Because they are not readily degradable or rendered harmless by
natural processes; and
ii) Because they may either
a) Give rise
to dangerous accumulation of harmful material
in the food chain, or
b) Endanger the welfare of living organisms causing
changes in the marine eco-systems, or
c) Interfere seriously with the
harvesting of sea foods or
with other legitimate uses of the sea; and
iii) Because it is considered that pollution by these substances
necessitates urgent action:
1. Organohalogen compounds and substances
which may form such compounds in the marine environment, excluding those which
are biologically harmless, or which are rapidly converted in the sea into
substances which are biologically harmless;
2. Mercury and mercury
3. Cadmium and cadmium compounds;
synthetic materials which may float, remain in suspension or sink, and which may
seriously interfere with any legitimate use of the sea;
oils and hydrocarbons of petroleum origin.
substances are included in this Part because, although exhibiting similar
characteristics to the substances in Part I and requiring strict control, they
seem less noxious or are more readily rendered harmless by natural processes:
1. Organic compounds of phosphorous, silicon, and tin and substances which
may form such compounds in the marine environment, excluding those which are
biologically harmless, or which are rapidly converted in the sea into substances
which are biologically harmless;
2. Elemental phosporus;
Non-persistent oils and hydrocarbons of petroleum origin;
following elements and their compounds:
5. Substances which have
been agreed by the Commission as having a deleterious effect on the taste and /
or smell of products derived from the marine environment for human
The following substances are included in this
Part because, although they display characteristics similar to those of
substances listed in Part I and should be subject to stringent controls with the
aim of preventing and, as appropriate, eliminating the pollution which they
cause, they are already the subject of research, recommendations and, in some
cases, measures under the auspices of several international organisations and
institutions; those substances are subject to the provisions of Article 5:
- Radioactive substances, including wastes.
Unless the parties to the dispute decide otherwise, the
arbitration procedure shall be in accordance with the provisions of this
1. At the request addressed by one Contracting Party
to another Contracting Party in accordance with Article 21 of the Convention, an
arbitral tribunal shall be constituted. The request for arbitration shall state
the subject matter of the application including in particular the Articles of
the Convention, the interpretation or application of which is in dispute.
2. The claimant shall inform the Commission that he has requested the setting
up of an arbitral tribunal, stating the name of the other party to the dispute
and the Articles of the Convention the interpretation or application of which is
in his opinion in dispute. The Commission shall forward the information thus
received to all Contracting Parties to the Convention.
arbitral tribunal shall consist of three members: each of the parties to the
dispute shall appoint an arbitrator; the two arbitrators so appointed shall
designate by common agreement the third arbitrator who shall be the chairman of
the tribunal. The latter shall not be a national of one of the parties to the
dispute, nor have his usual place of residence in the territory of one of these
parties, nor be employed by any of them, nor have dealt with the case in any
1. If the chairman of the arbitral tribunal
has not been designated within two months of the appointment of the second
arbitrator, the Secretary General of the United Nations shall, at the request of
either party, designate him within a further two months" period.
one the parties to the dispute does not appoint an arbitrator within two months
of receipt of the request, the other party may inform the Secretary General of
the United Nations who shall designate the chairman of the arbitral tribunal
within a further two months" period. Upon designation, the chairman of the
arbitral tribunal shall request the party which has not appointed an arbitrator
to do so within two months. After such period, he shall inform the Secretary
General of the United Nations who shall make this appointment within a further
two months" period.
1. The arbitral tribunal shall decide
according to the rules of international law and, in particular, those of this
2. Any arbitral tribunal constituted under the provisions of
this Annex shall draw up its own rules of procedure.
decisions of the arbitral tribunal, both on procedure and on substance, shall be
taken by majority voting of its members.
2. The tribunal may take all
appropriate measures in order to establish the facts. It may, at the request of
one of the Parties, recommend essential interim measures of protection.
3. If two or more arbitral tribunals constituted under the provisions of this
Annex are seized of requests with identical or similar subjects, they may inform
themselves of the procedures for establishing the facts and take them into
account as far as possible.
4. The parties to the dispute shall provide
all facilities necessary for the effective conduct of the proceedings.
5. The absence or default of a party to the dispute shall not constitute an
impediment to the proceedings.
1. The award of the arbitral
tribunal shall be accompanied by a statement of reasons. It shall be final and
binding upon the parties to the dispute.
2. Any dispute which may arise
between the parties concerning the interpretation or execution of the award may
be submitted by either party to the arbitral tribunal which made the award or,
if the latter cannot be seized thereof, to another arbitral tribunal constituted
for this purpose in the same manner as the first.
European Economic Community, like any Contracting Party to the present
Convention, has the right to appear as applicant or respondent before the