Protocol betreffende verontreiniging afkomstig van bronnen en activiteiten op het land bij het Verdrag inzake de bescherming en ontwikkeling van het mariene milieu in het Caraïbisch gebied, met bijlagen

The Contracting Parties to this Protocol,

Being Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, done at Cartagena de Indias on 24 March 1983,

Resolved, therefore, to implement the Convention and specifically Article 7,

Taking note of Article 4, paragraph 4 of the Convention,

Considering the principles of the Rio Declaration and Chapter 17 of Agenda 21 adopted by the United Nations Conference on the Environment and Development (Rio de Janeiro, 1992), and the Programme of Action for the Small Islands Developing States (Barbados, 1994), as well as the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (Washington, 1995), including the illustrative list of funding sources set forth in its Annex,

Recalling the relevant rules of international law as reflected in the 1982 United Nations Convention on the Law of the Sea and in particular its Part XII,

Conscious of the serious threat to the marine and coastal resources and to human health in the Wider Caribbean Region posed by pollution from land-based sources and activities,

Aware of the ecological, economic, aesthetic, scientific, recreational and cultural value of the marine and coastal ecosystems of the Wider Caribbean Region,

Recognising the inequalities in economic and social development among the countries of the Wider Caribbean Region and their needs for the achievement of sustainable development,

Determined to cooperate closely in taking the appropriate measures to protect the marine environment of the Wider Caribbean Region against pollution from land-based sources and activities,

Further recognising the need to encourage national, sub-regional and regional action through a national political commitment at the highest level, and international cooperation to deal with the problems posed by pollutants entering the Convention area from land-based sources and activities,

Have agreed as follows:

Article I. Definitions

For the purposes of this Protocol:

• a). "Convention" means the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, Colombia, March 1983);

• b). "Organisation" means the United Nations Environment Programme as referred to in Article 2(2) of the Convention;

• c). "Pollution of the Convention area" means the introduction by humans, directly or indirectly, of substances or energy into the Convention area, which results or is likely to result in such deleterious effects as harm to living resources and marine ecosystems, 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;

• d). "Land-based sources and activities" means those sources and activities causing pollution of the Convention area from coastal disposal or from discharges that emanate from rivers, estuaries, coastal establishments, outfall structures, or other sources on the territory of a Contracting Party, including atmospheric deposition originating from sources located on its territory;

• e). "Most Appropriate Technology" means the best of currently available techniques, practices, or methods of operation to prevent, reduce or control pollution of the Convention area that are appropriate to the social, economic, technological, institutional, financial, cultural and environmental conditions of a Contracting Party or Parties; and

• f). "Monitoring" means the periodic measurement of environmental quality indicators.

Article II. General Provisions

Article III. General Obligations

Article IV. Annexes

• a). effluent and emission limitations and/or management practices based on the factors identified in Annex II to this Protocol; and

• b). timetables for achieving the limits, management practices and measures agreed by the Contracting Parties.

Article V. Cooperation and Assistance

• a). monitoring activities undertaken in accordance with Article VI;

• b). research on the chemistry, fate, transport and effects of pollutants;

• c). exchange of scientific and technical information;

• d). identification and use of most appropriate technologies applicable to the specific source categories, activities and pollutants identified in Annex I to this Protocol; and

• e). research and development of technologies and practices for the implementation of this Protocol.

• a). develop scientific, technical, educational and public awareness programmes to prevent, reduce and control pollution of the Convention area from land-based sources and activities in accordance with this Protocol;

• b). train scientific, technical and administrative personnel;

• c). provide technical advice, information and other assistance necessary to address the source categories, activities and pollutants identified in Annex I to this Protocol; and

• d). identify and approach potential sources of financing for projects necessary to implement this Protocol.

Article VI. Monitoring and Assessment Programmes

• a). systematically identify and assess patterns and trends in the environmental quality of the Convention area; and

• b). assess the effectiveness of measures taken to implement the Protocol.

Article VII. Environmental Impact Assessment

Article VIII. Development of Information Systems

The Contracting Parties shall cooperate directly or through relevant sub-regional, regional and, where appropriate, global organisations to develop information systems and networks for the exchange of information to facilitate the implementation of this Protocol.

Article IX. Transboundary Pollution

Where pollution from land-based sources and activities originating from any Contracting Party is likely to affect adversely the coastal or marine environment of one or more of the other Contracting Parties, the Contracting Parties concerned shall use their best efforts to consult at the request of any affected Contracting Party, with a view to resolving the issue.

Article X. Participation

Each Contracting Party shall, in accordance with its national laws and regulations, promote public access to relevant information and documentation concerning pollution of the Convention area from land-based sources and activities and the opportunity for public participation in decision-making processes concerning the implementation of this Protocol.

Article XI. Education and Awareness

The Contracting Parties shall develop and implement individually and collectively programmes on environmental education and awareness for the public related to the need to prevent, reduce and control pollution of the Convention area from land-based sources and activities, and shall promote the training of individuals involved in such prevention, reduction and control.

Article XII. Reporting

Article XIII. Institutional Mechanisms

• a). convene and service the meetings of the Contracting Parties;

• b). assist in raising funds as provided for in Article XVI;

• c). provide such assistance that the Scientific, Technical and Advisory Committee may require to carry out its functions as referred to in Article XIV;

• d). provide the appropriate assistance as may be identified by the Contracting Parties to facilitate:

• (i). the development and implementation of the plans, programmes and measures necessary to achieve the objectives of this Protocol;

• (ii). the development of incentive programmes to implement this Protocol;

• (iii). the development of information systems and networks for the exchange of information for the purposes of facilitating the implementation of this Protocol, as referred to in Article VIII; and

• (iv). the development and implementation of environmental education, training and public awareness programmes, as referred to in Article XI;

• e). communicate and work with the Caribbean Environment Programme on activities relevant to the implementation of this Protocol;

• f). prepare common formats as directed by the Contracting Parties to be used as the basis for notifications and reports to the Organisation, as provided in Article XII;

• g). establish and update databases on national, sub-regional and regional measures adopted for the implementation of this Protocol, including any other pertinent information, in keeping with the provisions of Articles III and XII;

• h). compile and make available to the Contracting Parties reports and studies which may be required for the implementation of this Protocol or as requested by them;

• i). cooperate with relevant international organisations;

• j). provide to the Contracting Parties a report which shall include a draft budget for the coming year and an audited revenue and expenditure statement of the preceding year; and

• k). carry out any other functions assigned to it by the Contracting Parties.

Article XIV. Scientific, Technical and Advisory Committee

• a). review on a regular basis the annexes to this Protocol as well as the state of pollution of the Convention area from land-based sources and activities and, where necessary, recommend amendments or additional annexes for consideration by the Contracting Parties;