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II.7.150 (LDC 1972) CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.7.150

(LC 1972) CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972, AS AMENDED

Note: The present text incorporates the original text as modified by the following amendments:

 Date of entry
 into force
—1978 (Incineration) amendments to the Annexes adopted by LDC res.5(III)11.03.1979
—1980 amendments to the Annexes adopted by LDC res.12(V)11.03.1981
   Note: Japan made a declaration of non-acceptance
—1989 amendments to the Annexes adopted by LDC.37(12)19.05.1990
—1993 (Industrial Waste) amendments adopted by res. LC.49(16)20.02.1994
   Note: The Government of Australia made the following declaration dated 15.02.1994: see text
—1993 (Incineration) amendments adopted by res. LC.50(16)20.02.1994
—1993 (Radioactive Wastes) amendments adopted by res. LC.51(16)20.02.1994
   Note: By a declaration dated 18.02.1994 the Russian Federation declared that it does not accept the amendment.
ADOPTED: Done in quadruplicate at London, Mexico City, Moscow and Washington, 29 December 1972
REFERENCE: LC 1972
ENTERED INTO FORCE: 30 August 1975
DEPOSITARY: Governments of Mexico, the USSR, the United Kingdom and the United States
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article XVI

This Convention shall be open for signature by any State at London, Mexico City, Moscow and Washington from 29 December 1971 until 31 December 1973.

Article XVII

This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Governments of Mexico, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.

Article XVIII

After 31 December 1973, this Convention shall be open for accession by any State. The instruments of accession shall be deposited with the governments of Mexico, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.

ENTRY INTO FORCE

Article XIX

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the fifteenth instrument of ratification or accession.

2. For each Contracting Party ratifying or acceding to the Convention after the deposit of the fifteenth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such Party of its instrument of ratification or accession.

WITHDRAWAL

Article XXI

A Contracting Party may withdraw from this Convention by giving six months notice in writing to a depositary which shall promptly inform all Parties of such notice.

AMENDMENT OF THE CONVENTION AND ANNEXES

Article XV

1. (a) At meetings of the Contracting Parties called in accordance with article XIV amendments to this Convention may be adopted by a two-thirds majority of those present. An amendment shall enter into force for the Parties which have accepted it on the sixtieth day after two-thirds of the Parties shall have deposited an instrument of acceptance of the amendment with the Organization. Thereafter the amendment shall enter into force for any other Party 30 days after that Party deposits its instrument of acceptance of the amendment.

(b) The Organization shall inform all Contracting Parties of any request made for a special meeting under article XIV and of any amendments adopted at meetings of the Parties and of the date on which each such amendment enters into force for each Party.

2. Amendments to the Annexes will be based on scientific or technical considerations. Amendments to the Annexes approved by a two-thirds majority of those present at a meeting called in accordance with article XIV shall enter into force for each Contracting Party immediately on notification of its acceptance to the Organization and 100 days after approval by the meeting for all other Parties except for those which before the end of the 100 days make a declaration that they are not able to accept the amendment at the time. Parties should endeavour to signify their acceptance of an amendment to the Organization as soon as possible after approval at a meeting. A Party may at any time substitute an acceptance for a previous declaration of objection and the amendment previously objected to shall thereupon enter into force for that Party.

3. An acceptance or declaration of objection under this article shall be made by the deposit of an instrument with the Organization. The Organization shall notify all Contracting Parties of the receipt of such instruments.

4. Prior to the designation of the Organization, the secretarial functions therein attributed to it, shall be performed temporarily by the Government of the United Kingdom of Great Britain and Northern Ireland, as one of the depositaries of this Convention.

DECLARATIONS AND RESERVATIONS

Australia

Declaration regarding paragraph (1)(c) of Article VII

The Australian Government considers that the provisions of the present Convention in no way detract from the rights of a coastal State to take action in areas under its jurisdiction, and in particular, from the right of a coastal State to take action for the purpose of protecting the resources of its continental shelf.

15 February 1994

Australia accepts the prohibition on the dumping of industrial wastes at sea as from 1 January 1996 as envisaged in resolution LC.49(16) for all types of industrial wastes as defined by the resolution with the exception of jarosite waste for which it is necessary, for technical reasons which will be elaborated at future meetings of the London Convention, to retain the option of dumping at sea for a short period after the expiration of the deadline set down in resolution LC.49(16). Under no circumstances will the dumping at sea of jarosite be permitted by the Australian Government beyond 31 December 1997.

Belgium

Reservation

The Belgian Government considers that in the light of the existing international law and taking into account the work being prepared in this field, the provisions of the present Convention cannot be interpreted as recognising any right in a coastal State to control dumping beyond that which it has under generally accepted principles of international law.

The Belgian Government also considers that the present Convention cannot be interpreted as modifying in any way the present state of the International Law concerning responsibility.

People’s Republic of China

Declaration

The signature by the Taiwan authorities in the name of China on 29 December 1972 is illegal and therefore null and void.

Denmark

Reservation

Under Danish law in force, the matter regulated by the Convention constitutes a special Faroese affair and the provisions relating to implementation of the Convention have not yet been adopted in so far as the Faroe Islands are concerned. The ratification of Denmark is therefore, until further notice, subject to reservation with regard to the obligation of the Faroe Islands under the Convention.

On 2 November 1976, the Danish Government notified the United Kingdom that:

On 24 August 1976, the local Faroese authorities announced the passing of the legislation requisite to the entry into force of the Convention. Consequently the reservation relative to the Faroese obligations pursuant to the Convention shall be repealed with effect from 15 November 1976.

France

Declaration

The French Government considers that in the light of the existing international law and taking into account the work being prepared in this field, the provisions of the present Convention cannot be interpreted as recognising any right in a coastal State to control dumping beyond that which it has under generally accepted principles of international law.

It also considers that the present Convention cannot be interpreted as modifying in any way the present state of the International Law concerning responsibility.

If the interpretation of the provisions of the present Convention would be an obstacle to activities which it considers to be necessary for its national defence, the French Government will not apply these provisions on those activities.

Germany, Federal Republic of

Declaration on signature:

The Government of the Federal Republic of Germany reserves the right to formulate, on the occasion of its ratification of the present Convention, its attitude in respect of statements made by other States on the occasion of signature or ratification of the present Convention and to make reservations or statements on its part. In particular, it is of the opinion that at the present state of international law, the provisions of the present Convention cannot be interpreted as granting the right to a coastal State to assume by unilateral action control over zones of the high sea beyond the limits provided by international law.

Declaration on ratification:

With effect from the day on which the Convention enters into force for the Federal Republic of Germany it will also apply to Berlin (West).

Greece

Reservations

1. Article VII par. 1(c) should be construed in connection with the provisions of article XIII.

2. The true meaning of the provisions of article XIII is that no right is recognized to any coastal State on the dumping control beyond the provisions of existing international law.

Italy

Declaration:

The Italian Government considers that in the light of the existing international law and taking into account the work being prepared in this field, the provisions of the present Convention cannot be interpreted as recognising any right in a coastal State to control dumping beyond that which it has under generally accepted principles of international law.

It also considers that the present Convention cannot be interpreted as modifying in any way the present state of the International Law concerning responsibility.

By note of 30 April 1984, the Italian Government, on ratification, replaced the above declaration with the following:

The Italian Government considers that the present Convention cannot be interpreted as modifying in any way the present state of the International Law concerning responsibility.

Luxembourg

Declaration:

The Luxembourg Government considers that in the light of the existing international law and taking into account the work being prepared in this field, the provisions of the present Convention cannot be interpreted as recognising any right in a coastal State to control dumping beyond that which it has under generally accepted principles of international law.

It also considers that the present Convention cannot be interpreted as modifying in any way the present state of the International Law concerning responsibility.

Monaco

Declaration:

The Prince’s Government considers that in the light of the existing international law and taking into account the work being prepared in this field, the provisions of the present Convention cannot be interpreted as recognising any right in a coastal State to control dumping beyond that which it has under generally accepted principles of international law.

It also considers that the present Convention cannot be interpreted as modifying in any way the present state of the International Law concerning responsibility.

New Zealand

The New Zealand Government takes the view that the provisions of the present Government cannot be interpreted as restricting the right of a coastal State to take measures to control marine pollution and in particular to control dumping in areas under its jurisdiction.

On ratification the Government of New Zealand declared that its ratification did not extend to the Cook Islands, Niue and the Tokelau Islands.

United Kingdom

Declaration:

The United Kingdom considers that in the light of existing international law and taking into account the work being prepared in this field, the provisions of the present Convention cannot be interpreted as recognising any right in a coastal State to control dumping beyond that which it has under generally accepted principles of international law.

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