Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific

 

Lima, 12 November 1981

 

The High Contracting Parties,

 

Conscious of the need to protect and preserve the marine

environment and coastal area of the South-East Pacific against all

types and sources of pollution,

 

Convinced of the economic, social and cultural values of the

South-East Pacific as a means of linking the countries of the

region,

 

Considering that the various international agreements concerning

marine pollution which are in force, despite all the progress

achieved, do not cover all types and sources of pollution and do

not completely satisfy the needs and requirements of the countries

of the region,

 

Recognizing the desirability of co-operating at the regional

level, either directly or with the assistance of the Permanent

Commission of the South Pacific or other competent international

organizations, in protecting and preserving the aforesaid marine

environment and coastal area,

 

Have agreed on the following:

 

Article 1

 

GEOGRAPHICAL COVERAGE

 

The sphere of application of this Convention shall be the sea

area and the coastal zone of the South-East Pacific within the

200-mile maritime area of sovereignty and jurisdiction of the High

Contracting Parties and, beyond that area, the high seas up to a

distance within which pollution of the high seas may affect that

area.

 

Article 2

 

DEFINITIONS

 

For the purpose of this Convention:

 

(a) "Pollution of the marine environment" means the introduction

by man, directly or indirectly, of substances or energy into the

marine environment (including estuaries) which results or is

likely to result in such deleterious effects as harm to living

resources and marine life, hazards to human health, hindrance to

marine activities, including fishing and other legitimate uses of

the sea, impairment of quality for use of sea water and reduction

of amenities;

 

(b) "National authority" means the authority designated by each

Party, in accordance with article 9.

 

(c) "Executive Secretariat" means the body specified in article 13

of this Convention.

 

Article 3

 

GENERAL OBLIGATIONS

 

1. The High Contracting Parties shall endeavour, either

individually or through bilateral or multilateral co-operation, to

adopt appropriate measures in accordance with the provisions of

this Convention and any supplementary instruments in force to

which they are party in order to prevent, reduce and control

pollution of the marine environment and coastal area of the South-

East Pacific and to ensure appropriate environmental management of

natural resources.

 

2. In addition to the "Agreement on Regional Cooperation in

Combating Pollution of the South-East Pacific by Hydrocarbons or

Other Harmful Substances in Cases of Emergency", the High

Contracting Parties shall co-operate in formulating. adopting and

implementing any other protocols that may establish rules,

standards, practices and procedures for the implementation of this

Convention.

 

3. The High Contracting Parties shall endeavour to ensure that

such laws and regulations as they may promulgate to prevent,

reduce and control pollution of their respective marine

environment and coastal area from any source and to promote the

appropriate environmental management of such environment and area

are as effective as the existing international standards.

 

4 The High Contracting Parties shall co-operate, on a regional

basis, directly or in collaboration with the competent

international organizations, in formulating, adopting and

implementing effective rules, standards, practices and procedures

for the protection and preservation of the marine environment and

coastal area of the South-East Pacific against all types and

sources of pollution, and in promoting appropriate environmental

management of such environment and area, taking into account

characteristic regional features.

 

Such rules, standards, practices and procedures shall be

communicated to the Executive Secretariat.

 

5. The High Contracting Parties shall take all measures necessary

to ensure that activities under their jurisdiction or control are

so conducted that they do not cause damage by pollution to others

or to their environment, and that pollution arising from incidents

or activities under their jurisdiction or control does not, as far

as possible, spread beyond the areas where the High Contracting

Parties exercise sovereignty and jurisdiction.

 

Article 4

 

MEASURES TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE

ENVIRONMENT

 

The measures adopted by the High Contracting Parties to prevent

and control pollution of the marine environment shall include,

inter alia measures designed to minimize to the fullest possible

extent:

 

(a) Release of toxic, harmful or noxious substances, especially

those which are persistent:

 

(i) From land-based sources

(ii) From or through the atmosphere; and

(iii) By dumping;

 

(b) Pollution from vessels, in particular measures for preventing

accidents and dealing with emergencies, ensuring the safety of

operations at sea, preventing intentional discharges and

regulating the design, construction, equipment, operation and

manning of vessels pursuant to the generally accepted

international standards and rules; and

 

(c) Pollution from any other installations and devices operating

in the marine environment, in particular measures for preventing

accidents and dealing with emergencies, ensuring the safety of

operations at sea, and regulating the design, construction,

equipment, operations and manning of such installations or

devices.

 

Article 5

 

EROSION OF COASTAL AREA

 

The High Contracting Parties shall adopt all appropriate measures

to prevent, reduce and control erosion of the coastal area of the

South-East Pacific resulting from the activities of man.

 

Article 6

 

CO-OPERATION IN CASES OF POLLUTION RESULTING FROM EMERGENCY

SITUATIONS

 

1. High Contracting Parties which become aware of cases in which

the marine environment is in danger of being damaged or has been

damaged by pollution shall immediately notify the other High

Contracting Parties which they deem likely to be affected by such

damage and the Executive Secretariat.

 

The High Contracting Parties, individually or by means of

bilateral or multilateral co-operation, shall endeavour, to the

extent possible, to eliminate the effects of pollution and to

prevent or minimize damage.

 

Accordingly, the High Contracting Parties shall jointly endeavour

to promote and develop contingency plans for responding to

pollution incidents in the marine environment.

 

2. High Contracting Parties which are faced with pollution

resulting from emergency situations shall:

 

(a) Make an assessment of the nature and extent of the emergency;

 

(b) Adopt appropriate measures to avoid or reduce the effects of

the pollution;

 

(c) Immediately report the measures adopted and any action which

they are undertaking or intend to undertake in order to combat the

pollution;

 

(d) Observe the emergency situation for as long as it lasts, any

changes that may occur and, in general, the development of the

pollution.

 

The information obtained shall be communicated to the other High

Contracting Parties and to the Executive Secretariat.

 

3. High Contracting Parties requiring assistance in combating

pollution resulting from emergency situations may request, either

directly or through the Executive Secretariat, the co-operation of

other Parties, especially those which may be affected by the

pollution.

 

Such co-operation may include expert advice and the provision of

equipment and materials necessary to combat the pollution.

 

The High Contracting Parties to which a request has been

addressed shall, as soon as possible, consider the request in the

light of their capabilities and shall immediately inform the

requesting Party of the form and conditions of the co-operation

they are able to provide.

 

Article 7

 

MONITORING OF POLLUTION

 

The High Contracting Parties, directly or in collaboration with

the competent international organizations, shall establish

complementary or joint programmes for monitoring pollution in the

South-East Pacific area, including, when appropriate, bilateral or

multilateral programmes, and shall endeavour to implement a

pollution monitoring system for that area.

 

To this end, the High Contracting Parties shall designate the

authorities responsible for monitoring pollution within their

respective maritime areas of sovereignty and jurisdiction and

shall participate, to the extent feasible, in international

arrangements for that purpose in areas situated outside the limits

of their sovereignty and jurisdiction.

 

Article 8

 

ENVIRONMENTAL IMPACT ASSESSMENT

 

1. As part of their environmental management policies, the High

Contracting Parties shall develop technical and other guidelines

to assist the planning of their development projects in such a way

as to minimize their harmful impact in the sphere of application

of the Convention.

 

2. Each High Contracting Party shall endeavour to include an

assessment of the potential environmental effects in any planning

activity entailing projects within its territory, particularly in

the coastal areas, that may cause substantial pollution of, or

significant and harmful changes to, the area of application of the

Convention.

 

3. The High Contracting Parties shall, in cooperation with the

Executive Secretariat, develop procedures for the dissemination of

information concerning the assessment of the activities referred

to in paragraph 2 of this article.

 

Article 9

 

EXCHANGE OF INFORMATION

 

The High Contracting Parties undertake to exchange among

themselves, and to transmit to the Executive Secretary,

information on the following:

 

(a) The competent national organization or authorities responsible

for combating marine pollution;

 

(b) The competent national authorities and bodies responsible for

receiving information on marine pollution and for carrying out

assistance programmes of measures for the benefit of the Parties;

and

 

(c) The programmes and research which they are conducting in order

to develop new methods and techniques for preventing marine

pollution as well as the results of such programmes and research.

 

The High Contracting Parties shall co-ordinate the use of the

available communication media in order to ensure the timely

reception, transmission and dissemination of the information to be

exchanged.

 

Article 10

 

SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION

 

1. The High Contracting Parties shall, to the extent possible, co-

operate directly, or through the Executive Secretariat or other

competent international organization, when appropriate, in the

fields of science and technology, and shall exchange data and any

other specific information for the purposes of this Convention.

 

To this end, the High Contracting Parties shall, directly or

through the Executive Secretariat or another competent

international organization:

 

(a) Promote programmes of scientific, educational, technical and

other assistance for the protection and preservation of the marine

environment and the coastal area, and for the prevention,

reduction and control of marine pollution. Such assistance shall

include, inter alia:

 

(i) Training of scientific and technical personnel;

(ii) Participation in relevant international programmes;

(iii) Provision of necessary equipment and facilities;

(iv) Strengthening the capacity of the High Contracting Parties

to manufacture such equipment; and

(v) Provision of facilities for, and advice on, research,

monitoring, educational and other programmes;

 

(b) Provide appropriate assistance to minimize the effects of

major incidents or accidents which may cause serious pollution of

the marine environment;

 

(c) Provide appropriate assistance in the preparation of

environmental assessments; and

 

(d) Co-operate in developing programmes for appropriate assistance

in the environmental management of the marine environment and the

coastal area.

 

2. The High Contracting Parties undertake, to the extent possible,

to promote and co-ordinate their national research programmes on

all the types of pollution which exist within the geographical

sphere of application of this Convention, and to co-operate in the

establishment of regional research programmes.

 

Article 11

 

LIABILITY AND COMPENSATION

 

1. The High Contracting Parties shall endeavour to formulate and

adopt appropriate procedures for determining civil liability and

compensation for damage resulting from pollution of the marine

environment and coastal area caused by natural or juridical

persons in their maritime and coastal areas as a consequence of

any infringement by such persons of the provisions of this

Convention and its supplementary instruments.

 

2. The High Contracting Parties shall ensure that recourse is

available in accordance with their legal systems for compensation

or other relief in respect of damage caused by pollution of the

marine environment and coastal area by natural or juridical

persons under their jurisdiction.

 

Article 12

 

MEETINGS OF THE HIGH CONTRACTING PARTIES

 

The High Contracting Parties shall hold ordinary and

extraordinary meetings.

 

1. Ordinary meetings shall be held every two years on the same

occasion as the Ordinary Meeting of the Permanent Commission of

the South Pacific. These meetings shall be convened by the

Executive Secretariat.

 

Extraordinary meetings shall be held whenever special

circumstances so warrant. They shall be convened by the Executive

Secretariat at the request of any High Contracting Party. The

Executive Secretariat may also convene extraordinary meetings at

its request following the unanimous agreement of the High

Contracting Parties.

 

2. At ordinary meetings, the High Contracting Parties shall

examine, inter alia, the following points:

 

(a) The extent to which this Convention is being implemented, the

effectiveness of the measures taken and the need to develop other

kinds of activities in furtherance of objectives of this

Convention and the protocols thereto including their institutional

and financial aspects;

 

(b) The adoption of additional protocols, the advisability of

amending or revising this Convention and the protocols thereto,

and the modification or expansion of any resolutions adopted in

pursuance of the provisions of the Convention and protocols;

 

(c) The environmental assessment undertaken in the geographical

area covered by this Convention; and

 

(d) The performance of any other function which may assist in

achieving the purposes of this Convention.

 

Article 13

 

EXECUTIVE SECRETARIAT OF THE CONVENTION

 

For the purposes of the administration and application of this

Convention, the High Contracting Parties hereby designate the

Permanent Commission of the South Pacific to discharge the

functions of Executive Secretariat under the Convention. At their

first meeting, the High Contracting Parties shall establish the

procedure and financing for the performance of this function.

 

Article 14

 

REPORTS

 

The High Contracting Parties shall transmit to the Executive

Secretariat reports on the measures adopted for the implementation

of this Convention and the additional protocols which form part of

it, in such form and at such intervals as determined by their

meetings. The Executive Secretariat shall bring these reports to

the attention of the High Contracting Parties.

 

Article 15

 

ENTRY INTO FORCE

 

This Convention shall enter into force sixty days after the third

instrument of ratification has been deposited with the General

Secretariat of the Permanent Commission of the South Pacific.

 

Article 16

 

DENUNCIATION

 

This Convention may be denounced by any of the High Contracting

Parties after it has been in force for two years for the High

Contracting Party denouncing it.

 

Such denunciation shall be effected by means of written

notification to the Executive Secretariat, which shall communicate

it forthwith to the High Contracting Parties.

 

The denunciation shall take effect one hundred and eighty days

after the date of such notification.

 

Article 17

 

AMENDMENTS TO THE CONVENTION OR ITS PROTOCOLS

 

1. Any High Contracting Party may propose amendments to this

Convention or to its protocols. Such amendments shall be adopted

at a Conference of Plenipotentiaries convened by the Executive

Secretary at the request of any Contracting Party.

 

2. Amendments to this Convention and the protocols shall be

adopted unanimously by the High Contracting Parties.

 

3. The amendments shall be subject to ratification and shall enter

into force after the third instrument of ratification has been

deposited with the Executive Secretariat.

 

Article l8

 

ACCESSION

 

This Convention shall be open for accession by any State

bordering the South-East Pacific. Accession shall be effected by

the deposit of the relevant instrument with the Executive

Secretariat, which shall communicate it to the High Contracting

Parties.

 

This Convention shall enter into force for the State acceding to

it sixty days after the deposit of the relevant instrument.

 

Article 19

 

ADOPTIONS OF PROTOCOLS

 

The High Contracting Parties may adopt unanimously, at a

Conference of Plenipotentiaries, additional protocols to this

Convention, which shall enter into force after the third

instrument of ratification has been deposited with the Executive

Secretariat.

 

Article 2O

 

GENERAL PROVISION

 

The provisions of this Convention shall not affect any more

stringent obligations which have been assumed by the High

Contracting Parties under special conventions and agreements that

they have concluded or may conclude on the protection of the

marine environment.

 

At the request of any of the High Contracting Parties, the

Executive Secretariat shall convene a Conference of

Plenipotentiaries on this question.

 

Before the entry into force of this Convention, the Executive

Secretariat may, after consultation with the signatories of the

Convention, convene a Conference of Plenipotentiaries for the

adoption of additional protocols.

 

Done in six identical copies, one of which shall be deposited

with the General Secretariat of the Permanent Commission of the

South Pacific, all being equally authentic for the purposes of

implementation and interpretation.

 

In witness whereof the Plenipotentiaries, being duly authorized

by their respective Governments, have signed this Convention in

the city of Lima, on the twelfth day of November, one thousand

nine hundred and eighty-one.