Revised guidance on the National Implementation of the London Protocol (2018 Edition) (eBook)

This Guidance describes what action States should take at the national level to fully implement the provisions of the London Protocol. It may also benefit officials in countries, who are seeking support to develop or enhance their measures implementing the Protocol, particularly with regard to their domestic legislative and other measures to implement the Protocol.

In 2015, the governing body of the London Protocol approved work to revise the Guidance on National Implementation document, with a view to increasing ratifications of the London Protocol. This Guidance replaces the Guidance on the National Implementation of the 1996 Protocol to the London Convention 1972, which was adopted in 2001.

The importance of increased ratification is clear: at the time of publication of this guidance, only 51 States had ratified or acceded to the Protocol, and three of the 18 Contracting Parties to the Convention that were signatories to the London Protocol had not yet ratified it. Within the governing body of the London Protocol, there has been increasing concern for the low annual increase of accessions to and ratifications of the Protocol. The Strategic Plan for the London Convention and London Protocol, adopted by the Contracting Parties in 2016, includes four strategic directions, one of which is to ‘promote the ratification of or accession to the London Protocol.’ This strategic direction is, in turn, supported by four actions, including ‘provide for specific technical and legal assistance and support countries wishing to ratify or accede to the London Protocol.’

This Guidance describes what action States should take at the national level in order to fully implement the provisions of the Protocol. It may also benefit officials in countries, regardless of whether they are currently Parties to the London Protocol, who are seeking support to develop or enhance their measures implementing the Protocol, particularly with regard to their domestic legislative and other measures to implement the Protocol.

This document only constitutes guidance and is intended to assist national administrations in implementing the London Protocol, whether they are currently Contracting Parties or simply interested in becoming Parties. It is not to be construed as providing definitive interpretations of the Protocol or how its provisions should be applied. It remains at all times the prerogative of Contracting Parties to interpret the obligations to which they

have become bound under the Protocol.

Readers may wish to note that the text alongside the grey bar contains the text of the London Protocol and text without the grey bar constitutes the revised guidance on the national implementation of the London Protocol.

The 1996 London Protocol to the Convention on the Prevention of Marine Pollution

by Dumping of Wastes and Other Matter, 1972

The benefits of being a Contracting Party to the Protocol

Implementation

The importance of implementation

Monism and dualism

Implementation by binding norms

Existing laws

Minimum set of obligations to be implemented by binding norms

Checklist for the legislator

Imposition of a stricter regime at national level

Amendments to the Protocol

Article 21.5 Ratification after entry into force of an amendment

The general rule

The exception to the general rule when two thirds of Contracting Parties agree

Amendments that have not entered into force at the time a State becomes a Contracting Party

Relationship between the revised guidance and other key documents

Article 1 Definitions

Article 2 Objectives

Article 3 General obligations
Article 4 Dumping of wastes or other matter

Article 5 Incineration at sea

Article 6 Export of wastes or other matter

Article 7 Internal waters

Article 8 Exceptions

Article 9 Issuance of permits and reporting

Article 10 Application and enforcement

Article 11 Compliance procedures

Article 12 Regional cooperation

Article 13 Technical cooperation and assistance

Annex 1 Wastes or other matter that may be considered for dumping

Annex 2 Assessment of wastes or other matter that may be considered for dumping

2006 amendment of the Protocol

Are there special issues to be considered for implementation?

Implement by binding norms?

Other information

2009 amendment of the Protocol

Are there special issues to be considered for implementation?

Implement by binding norms?

Other information

Examples

2013 amendment of the Protocol

Are there special issues to be considered for implementation?

Implement by binding norms?

Other information

Appendix The legislator’s checklist

A??s a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.

In other words, its role is to create a level playing field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. IMO is the forum at which this process takes place.