IMO introduces tougher rules on dumping waste at sea

A significant milestone for the protection of the marine environment will be reached on 24 March 2006 with the entry into force of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, following its recent ratification by Mexico, the 26th country to do so.

The 1996 Protocol represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials in that, in essence, dumping is prohibited, except for materials on an approved list. This contrasts with the 1972 Convention which permitted dumping of wastes at sea, except for those materials on a banned list.

The Parties to the 1996 Protocol will be invited to attend their first Meeting under the Protocol from 30 October to 3 November 2006, in conjunction with the 28th Consultative Meeting of the Parties to the London Convention, planned in the same week. One of the first key issues for discussion under the 1996 Protocol is likely to be a review of the compatibility of CO2 capture and storage in sub-seabed geological structures, as part of a suite of measures to tackle the challenge of climate change and ocean acidification. In preparation for the discussion on how best to facilitate and/or regulate such activities under the Protocol (and the London Convention), a number of options will be developed ? to clarify and, if appropriate, amend the Protocol ? at an inter-sessional meeting on the related legal and administrative aspects to be held at IMO in April 2006.

The 1972 Convention permits dumping to be carried out provided certain conditions are met, according to the hazards to the marine environment presented by the materials themselves. The 1972 Convention includes a “black list” of materials which may not be dumped at all.

The 1996 Protocol is more restrictive. It states (in Article 4) that contracting parties “shall prohibit the dumping of any wastes or other matter with the exception of those listed” (in Annex 1 to the Protocol). These materials include:

Dredged material

Sewage sludge

Fish waste, or material resulting from industrial fish processing operations

Vessels and platforms or other man-made structures at sea

Inert, inorganic geological material

Organic material of natural origin

Bulky items primarily comprising iron, steel, concrete and similar harmless materials, for which the concern is physical impact, and limited to those circumstances where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping.

The 1996 Protocol?s geographical coverage is wider, as it also governs storage of wastes in the seabed, as well as the abandonment, or toppling, of offshore installations (Article 1). Although the internal waters of a State are excluded from the dumping provisions under both the Convention and Protocol, Parties to the Protocol have the option to apply its rules to their internal waters if they wish (Article 7).

The 1996 Protocol is more pragmatic in its orientation towards commonly generated wastes rather than contaminants. It is, therefore, more clear in what is and what is not permitted for dumping at sea, making it easier for Administrations to apply. Incineration of wastes at sea was initially permitted under the 1972 Convention, but this practice was ended in 1991 and is specifically prohibited by article 5 of the 1996 Protocol. Incineration at sea of industrial waste and sewage sludge had already been prohibited under the 1993 amendments to the 1972 Convention.