347 



Materials listed on Annex II in many cases can be dumped more safely in 

 specially-selected areas than in other sensitive locations, such as estuarine 

 spawning and feeding grounds. 



Discussion under Annex I regarding high-level radioactive wastes prompted 

 Spain to propose at the recent London Conference that Annex II include medium- 

 and low-level radioactive wastes, thus requiring a special permit to permit the 

 dumping of such materials. This was accepted by the Conference. The lack of 

 internationally-agreed definitions of low- and medium-level radioactive wastes 

 lead the Technical Working Group to refer to "radioactive wastes or . . . matter 

 not included in Annex I." It was the concensus, however, of the London Confer- 

 ence that, although all .substances have some "radioactivity", the provisions of 

 Annex II should not be extended to the absurd length of covering absolutely all 

 substances. Moreover, the IAEA is cited in Annex II in the same manner as in 

 Annex I, as the competent international body that should offer guidance in this 

 field. Thu.s, the lAF, after appropriate study, wou'd advi.se as to what radioactive 

 wastes should be subject to special permits ; those not treated by the IAEA would 

 be subject to a general permit. 



Other Dumping and Annex III. — The London Convention, like the earlier Rey- 

 kjavik draft, requires that all other dumping not covered by Annexs I and II be 

 conducted under prior general permits or approvals issued by the authorities of 

 the party concerned, and that records be kept l)y each party of the nature and 

 quantities of all matter dumped, and the location, time and method of dumping. 

 Moreover, in establishing criteria for the granting of dumping permits, each 

 party is required to consider a detailed set of factors contained in Annex III, 

 including factors related to the physical, biochemical and biological character- 

 istics of the material : the amount, composition and rate of dimiping ; and the lo- 

 cation and characteristics of the dumping site, and surrounding waters and 

 currents ; the method of packing and containment ; the probable effects on ameni- 

 ties and other u.ses of the sea ; and alternative means of disposal. 



During the London Conference that produced the Convention, a number of dele- 

 gations advocated drafting Annex III in a very detailed fashion to provide all 

 nations, especially those with limited marine pollution expertise, with as much 

 guidance as possible. Other delegations asserted that only general guides were 

 necessary, that the Convention shoidd not include a primative marine pollution 

 I)rimer, and that generally accepted scientific considerations could be easily 

 taken from standard reference texts. The Technical Committee at the Confer- 

 ence chose to include in the Annex a rather expansive list of items and examples. 



Portugal, for example, was quite concerned that a proposed dumping site be 

 studied carefully before a permit for dumping at that site was issued. Although 

 several delegations noted that Annex III. Part B covered this aspect. Article 

 IV, 2 and subparagrapli B, 9 of Annex III were inserted into the Convention's 

 text and the Annex to account for Portugal's concern. 



A number of delegations were also interested in emphasizing the effect of 

 dumping on fi.shery resoruces and other similar marine resources, such as .shell- 

 fish and seaweed. Subi)aragriiph C, 2 was written to emphasize the importance 

 of considering these living resources before permitting any dumping. 



Other Provisions Including Emergency Clauf 



se 



The Convention provides for an initial meeting of representatives of the 

 parties within three months of the entry into force of the Convention, and sub- 

 sequent meetings thereafter no less frequently than once every two years. At 

 their first meeting the parties are to designate an Organization to perform secre- 

 tarial duties and to receive reports from individual parties and regional dumping 

 authorities. The parties may also amend any of the Annexes upon approval by 

 two-thirds of their number : however, no such amendment would come into force 

 for any party which declares its rejection of the Amendment. The procedure for 

 amendment of the body of the Convention is similar, Itut requires the conven- 

 ing of a special Conference at the request of two-thirds of the parties. 



L'nder the Convention, each party is further required to "use its best en- 

 deavors" individually, and in concert with other nations, to promote the effective 

 c«mtrol of all sources of pollution of the marine environment. They also pledge 

 themselves to take all practicable steps to prevent the pollution of the sea by 

 the dumping of wastes or other matter that is liable to create hazards to human 

 hra'tli. to harm living resources and marine life, or to damage amenities or to 

 interfere with other legitimate uses of the sea. The parties undertake to "har- 



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