346 



synthetic materials which naay materially interfere with fishing, navigation 

 activities and other legitimate uses of the sea ; oil and oily mixtures of various 

 types when taken on board for the purpose of dumping, and agents of biologi- 

 cal and chemical warfare. The Annex also includes high-level radioactive wastes 

 or other high-level radioactive matter, defined on public health, biological or 

 other grounds, by the comi>etent international body in this field, at present the 

 International Atomic Energy Agency, as unsuitable for dumping at sea. The 

 IAEA, however, has not yet defined high level radioactive wastes or other 

 high-level radioactive matter. Accordingly, the United States delegation sub- 

 mitted the following inerpretative statement to the London Conference that 

 framed the Treaty : 



"With reference to Item 6 on Annex I, the United States wishes to note that 

 there is no internationally accepted definition of high-level radioactive wa.stes. 

 The United States defines high-level radioactive wastes as aqueous wastes re- 

 sulting from the operation of the first cycle solvent extraction system, or equiva- 

 lent, and the concentrated wastes from subsequent extraction cycles, or equiva- 

 lent, in a facility for reprocessing irradiated reactor fuels. Until an inter- 

 nationally acceptable definition is negotiated under the auspices of the Inter- 

 national Atomic Energy Agency, the United States plans to govern its activities 

 on the basis of the defintion stated herein." 



The strictures of Annex I to the Convention do not apply to substances which 

 are rapidly rendered harmless by physical, chemical or biological processes 

 in the sea, provided they do not make edible marine organisms unpalatable or 

 endanger the health of humans or domestic animals. Neither do the prohibitions 

 apply to wastes or other materials (e.g., sewage sludges and dredged spoils)" 

 containing "trace" quantities of mercury, cadmium, or organohalogens and 

 their compopunds or of the oil and persistent plastic or synthetic substances 

 mentioned above. 



The report of the Technical Working Party which was established at the 

 London Conference contains a description of "trace" contaminants. To be re- 

 garded as "trace" quantities such contaminants must occur in such small amounts, 

 or forms, that the dumping of them into the sea would neither cause significant 

 undesirable effects, or create the possibility of harm associated with bio-accumu- 

 lation of marine organisms (especially food species) . 



In the preparatory work for the Convention and during the early discussions 

 regarding the annexes, Japan made a specific plea that it be permitted to dump 

 wastes containing small quantities (greater than trace amounts) of mercury 

 and cadmium into the ocean in a carefully controlled manner. The Japanese 

 representatives explained that the quantities of mercury and cadmium in these 

 inorganic wastes far exceeded quantities known to exist in normal harbor dredged 

 soils. They stated that this exception would be required for approximately five 

 years during which time the industries responsible for the production of these 

 wastes would change this production process and eliminate the problem of 

 waste production. It had been agreed previously at the earlier Reykjavik meet- 

 ing that this situation could be accommodated through a footnote to Annex I, 

 which would indicate that for five years such wastes containing small quantities 

 of mercury and cadmium compounds could be dumped at sea in depths not less 

 than 4,000 meters in such a way as not to harm the marine environment or sea- 

 bed resources. At the London Conference, however, some delegates objected to 

 inclusion of this footnote and, it was agreed instead that the matter should be 

 addres.sed in the Technical Memorandum of Agreement which is annexed to 

 the Final Act of the Conference. The substance of this Technical Memorandum, 

 which was thoroughly discussed at the Conference, has the operative effect 

 of permitting Japan to di.spose of such wastes in the manner proposed, and in 

 minimum depths of 3,500 meters for a period of five years. 



Annex II. — The London Convention requires that a prior special permit must 

 be issued by the applicable authority of each party concerned for each dumping 

 of substances listed in Annex II. Annex II includes wastes containing "signifi- 

 cant amounts" of arsenic, lead, copper, zinc (and their comi)ounds). organo- 

 silicons, cyanides, and fluorides : pesticides and i)esticide by-products not covered 

 by Annex I and containers, scrap metal and bulky wastes whicli might present 

 a "serious obstacle" to fishing or navigation. Annex II also provides that "in 

 the issuance of approvals of permits for dumping of large quantities of acids 

 and alk'ilies, consideration slnll be given to tlie i)ossil)le presence in sucli wastes" 

 of the chemical substanr-es listed above and of beryllium, chromium, nickel and 

 vanadium (and their compounds). 



