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II.7.570 (SOUTH PACIFIC REGIONAL ENVIRONMENT PROGRAMME, 1986) CONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION, 1986

The Ratification of Maritime Conventions

Chapter I.7.570

(SOUTH PACIFIC REGIONAL ENVIRONMENT PROGRAMME, 1986) CONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION, 1986

ADOPTED: Done in Noumea on 25 November 1986
REFERENCE: SPREP CONVENTION
ENTERED INTO FORCE: 22 August 1990
DEPOSITARY: Director of the South Pacific Bureau for Economic Co-operation (SPEC)
SECRETARY: UNEP

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL

Article XXVIII

This Convention, the Protocol Concerning Co-operation in Combating Pollution Emergencies in the South Pacific Region, and the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping shall be open for signature at the South Pacific Commission Headquarters in Noumea, New Caledonia on 25 November 1986 and at the South Pacific Bureau for Economic Co-operation Headquarters, Suva, Fiji from 26 November 1986 to 25 November 1987 by States which were invited to participate in the Plenipotentiary Meeting of the High Level Conference on the Protection of the Natural Resources and Environment of the South Pacific Region held at Noumea, New Caledonia from 24 November 1986 to 25 November 1986.

Article XXIX

This Convention and any Protocol thereto shall be subject to ratification, acceptance or approval by States referred to in article XVIII. Instruments of ratification, acceptance or approval shall be deposited with the Director who shall be the Depositary.

Article XXX

1. This Convention and any Protocol hereto shall be open to accession by the States referred to in article 28 as from the day following the date on which the Convention or Protocol concerned was closed for signature.

2. Any State not referred to in paragraph 1 may accede to the Convention and to any Protocol subject to prior approval by three-fourths of the Parties to the Convention or the Protocol concerned.

3. Instruments of accession shall be deposited with the Depository.

ENTRY INTO FORCE

Article XXXI

1. This Convention shall enter into force on the thirtieth day following the date of deposit of at least ten instruments of ratification, acceptance, approval or accession.

2. Any Protocol to this Convention, except as otherwise provided in such Protocol, shall enter into force on the thirtieth day following the date of deposit of at least five instruments of ratification, acceptance or approval of such Protocol, or of accession thereto, provided that no Protocol shall enter into force before the Convention. Should the requirements for entry into force of a Protocol be met prior to those for entry into force of the Convention pursuant to paragraph 1, such Protocol shall enter into force on the same date as the Convention.

3. Thereafter, this Convention and any Protocol shall enter into force with respect to any State referred to in articles 28 or 30 of the thirtieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession.

DENUNCIATION

Article XXXIII

1. At any time after two years from the date of entry into force of this Convention with respect to a Party, that Party may denounce the Convention by given written notification to the Depository.

2. Except as may be otherwise provided in any Protocol to this Convention, any Party may, at any time after two years from the date of entry into force of such Protocol with respect to that Party, denounce the Protocol by giving written notification to the Depository.

3. Denunciation shall take effect ninety days after the date on which notification of denunciation is received by the Depository.

4. Any Party which denounces this Convention shall be considered as also having denounced any Protocol to which it was a Party.

5. Any Party which, upon its denunciation of a Protocol, is no longer a Party to any Protocol to this Convention, shall be considered as also having denounced this Convention.

ADOPTION OF PROTOCOLS

Article XXIII

1. The Parties may, at a conference of plenipotentiaries, adopt Protocols to this Convention pursuant to paragraph 3 of article XXIV.

2. If so requested by a majority of the Parties, the Organization shall convene a conference of plenipotentiaries for the purpose of adopting Protocols to this Convention.

AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS

Article XXIV

1. Any Contracting Party may propose amendments to this Convention. Amendments shall be adopted by a conference of plenipotentiaries which shall be convened by the Organization at the request of two-thirds of the Parties.

2. Any Party to this Convention may propose amendments to any protocol. Such amendments shall be adopted by a conference of plenipotentiaries which shall be convened by the Organization at the request of two-thirds of the Parties to the protocol concerned.

3. A proposed amendment to the Convention or any protocol shall be communicated to the Organization, which shall promptly transmit such proposal for consideration to all the other Parties.

4. A conference of plenipotentiaries to consider a proposed amendment to the Convention or any protocol shall be convened not less than ninety days after the requirements for the convening of the Conference have been met pursuant to paragraph 1 or 2, as the case may be.

5. Any amendment to this Convention shall be adopted by a three-fourths majority vote of the Parties to the Convention which are represented at the conference of plenipotentiaries and shall be submitted by the Depositary for acceptance by all Parties to the Convention. Amendments to any protocol shall be adopted by a three-fourths majority vote of the Parties to the Protocol which are represented at the conference of plenipotentiaries and shall be submitted by the Depositary for acceptance by all Parties to the protocol.

6. Instruments of ratification, acceptance or approval of amendments shall be deposited with the Depositary. Amendments shall enter into force between Parties having accepted such amendments on the thirtieth day following the date of receipt by the Depositary of the instruments of at least three-fourths of the Parties to this Convention or to the protocol concerned, as the case may be. Thereafter the amendments shall enter into force for any other Party on the thirtieth day after the date on which that Party deposits its instrument.

7. After entry into force of an amendment to this Convention or to a protocol, any new Party to the Convention or such protocol shall become a Party to the Convention or Protocol as amended.

ANNEXES AND AMENDMENTS TO ANNEXES

Article XXV

1. Annexes to this Convention or to a protocol shall form an integral part of the Convention or such protocol respectively.

2. Except as may be otherwise provided in any protocol with respect to its annexes, the fol- lowing procedures shall apply to the adoption and entry into force of any amendments to annexes to this Convention or to annexes to any protocol:

  • (a) any Party may propose amendments to annexes to this Convention or to annexes to any protocol;
  • (b) any proposed amendment shall be notified by the Organization to the Parties not less than sixty days before the convening of a meeting of the Parties unless this requirement is waived by the meeting;
  • (c) such amendments shall be adopted at a meeting of the Parties by a three-fourths majority vote of the Parties to the instrument in question;
  • (d) The Depositary shall without delay communicate the amendments so adopted to all Parties;
  • (e) Any Party that is unable to approve an amendment to annexes to this Convention or to annexes to any protocol shall so notify in writing to the Depositary within one hundred days from the date of the communication of the amendment by the Depositary. A Party may at any time substitute an acceptance for a previous declaration of objection, and the amendment shall thereupon enter into force for that Party;
  • (f) The Depositary shall without delay notify all Parties of any notification received pursuant to the preceding paragraph; and
  • (g) On expiry of the period referred to in subparagraph (e) above, the amendment to the annex shall become effective for all Parties to this Convention or to the protocol concerned which have not submitted a notification in accordance with the provisions of that subparagraph;

3. The adoption and entry into force of a new annex shall be subject to the same procedure as that for the adoption and entry into force of an amendment to an annex as set out in the provisions of paragraph 2, provided that, if any amendment to the Convention or to the Protocol concerned is involved, the new annex shall not enter into force until such time as that amendment enters into force.

4. Amendments to the Annex on Arbitration shall be considered to be amendments to this Convention or its Protocols and shall be proposed and adopted in accordance with the procedures set out in article 24.

DECLARATIONS AND RESERVATIONS

France

On depositing its document France expressed the following reservation:

The Government of the French Republic, in signing the present Convention declares that, insofar as it is concerned, the prescriptions of the aforesaid Convention will not cover wastes and other matter entailing a level of pollution caused by radioactivity to a degree less than that prescribed by the recommendations of the International Atomic Energy Agency (IAEA) (Unofficial translation received from Forum Secretariat).

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