Summary of Conventions

Country	Status	Year
Chile	pending	21-Sep-1989
Colombia	pending	21-Sep-1989
Ecuador	pending	21-Sep-1989
Panama	pending	21-Sep-1989
Peru	pending	21-Sep-1989
Language
Spanish
Document text
	
	Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific

     Lima, 12 November 1981

     The High Contracting Parties,
     Conscious of the need to protect and preserve the marine environment and coastal area of the South-East Pacific against all types and sources of pollution,
     Convinced of the economic, social and cultural values of the South-East Pacific as a means of linking the countries of the region,
     Considering that the various international agreements concerning marine pollution which are in force, despite all the progress achieved, do not cover all types and sources of pollution and do not completely satisfy the needs and requirements of the countries of the region,
     Recognizing the desirability of co-operating at the regional level, either directly or with the assistance of the Permanent Commission of the South Pacific or other competent international organizations, in protecting and preserving the aforesaid marine environment and coastal area,
     Have agreed on the following:

Article 1
     GEOGRAPHICAL COVERAGE
     The sphere of application of this Convention shall be the sea area and the coastal zone of the South-East Pacific within the 200-mile maritime area of sovereignty and jurisdiction of the High Contracting Parties and, beyond that area, the high seas up to a distance within which pollution of the high seas may affect that area.

Article 2
     DEFINITIONS
     For the purpose of this Convention:
     (a) "Pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment (including estuaries) which results or is likely to result in such deleterious effects as harm to living resources and marine life, 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;
     (b) "National authority" means the authority designated by each Party, in accordance with article 9.
     (c) "Executive Secretariat" means the body specified in article 13 of this Convention.

Article 3
     GENERAL OBLIGATIONS
     1. The High Contracting Parties shall endeavour, either individually or through bilateral or multilateral co-operation, to adopt appropriate measures in accordance with the provisions of this Convention and any supplementary instruments in force to which they are party in order to prevent, reduce and control pollution of the marine environment and coastal area of the South- East Pacific and to ensure appropriate environmental management of natural resources.
     2. In addition to the "Agreement on Regional Cooperation in Combating Pollution of the South-East Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency", the High Contracting Parties shall co-operate in formulating. adopting and implementing any other protocols that may establish rules, standards, practices and procedures for the implementation of this Convention.
     3. The High Contracting Parties shall endeavour to ensure that such laws and regulations as they may promulgate to prevent, reduce and control pollution of their respective marine environment and coastal area from any source and to promote the appropriate environmental management of such environment and area are as effective as the existing international standards.
     4 The High Contracting Parties shall co-operate, on a regional basis, directly or in collaboration with the competent international organizations, in formulating, adopting and implementing effective rules, standards, practices and procedures for the protection and preservation of the marine environment and coastal area of the South-East Pacific against all types and sources of pollution, and in promoting appropriate environmental management of such environment and area, taking into account characteristic regional features.
     Such rules, standards, practices and procedures shall be communicated to the Executive Secretariat.
     5. The High Contracting Parties shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted that they do not cause damage by pollution to others or to their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not, as far as possible, spread beyond the areas where the High Contracting Parties exercise sovereignty and jurisdiction.

Article 4
     MEASURES TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT
     The measures adopted by the High Contracting Parties to prevent and control pollution of the marine environment shall include, inter alia measures designed to minimize to the fullest possible extent:
     (a) Release of toxic, harmful or noxious substances, especially those which are persistent:
     (i) From land-based sources (ii) From or through the atmosphere; and (iii) By dumping;
     (b) Pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional discharges and regulating the design, construction, equipment, operation and manning of vessels pursuant to the generally accepted international standards and rules; and
     (c) Pollution from any other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operations and manning of such installations or devices.

Article 5
     EROSION OF COASTAL AREA
     The High Contracting Parties shall adopt all appropriate measures to prevent, reduce and control erosion of the coastal area of the South-East Pacific resulting from the activities of man.

Article 6
     CO-OPERATION IN CASES OF POLLUTION RESULTING FROM EMERGENCY SITUATIONS
     1. High Contracting Parties which become aware of cases in which the marine environment is in danger of being damaged or has been damaged by pollution shall immediately notify the other High Contracting Parties which they deem likely to be affected by such damage and the Executive Secretariat.
     The High Contracting Parties, individually or by means of bilateral or multilateral co-operation, shall endeavour, to the extent possible, to eliminate the effects of pollution and to prevent or minimize damage.
     Accordingly, the High Contracting Parties shall jointly endeavour to promote and develop contingency plans for responding to pollution incidents in the marine environment.
     2. High Contracting Parties which are faced with pollution resulting from emergency situations shall:
     (a) Make an assessment of the nature and extent of the emergency;
     (b) Adopt appropriate measures to avoid or reduce the effects of the pollution;
     (c) Immediately report the measures adopted and any action which they are undertaking or intend to undertake in order to combat the pollution;
     (d) Observe the emergency situation for as long as it lasts, any changes that may occur and, in general, the development of the pollution.
     The information obtained shall be communicated to the other High Contracting Parties and to the Executive Secretariat.
     3. High Contracting Parties requiring assistance in combating pollution resulting from emergency situations may request, either directly or through the Executive Secretariat, the co-operation of other Parties, especially those which may be affected by the pollution.
     Such co-operation may include expert advice and the provision of equipment and materials necessary to combat the pollution.
     The High Contracting Parties to which a request has been addressed shall, as soon as possible, consider the request in the light of their capabilities and shall immediately inform the requesting Party of the form and conditions of the co-operation they are able to provide.

Article 7
     MONITORING OF POLLUTION
     The High Contracting Parties, directly or in collaboration with the competent international organizations, shall establish complementary or joint programmes for monitoring pollution in the South-East Pacific area, including, when appropriate, bilateral or multilateral programmes, and shall endeavour to implement a pollution monitoring system for that area.
     To this end, the High Contracting Parties shall designate the authorities responsible for monitoring pollution within their respective maritime areas of sovereignty and jurisdiction and shall participate, to the extent feasible, in international arrangements for that purpose in areas situated outside the limits of their sovereignty and jurisdiction.

Article 8
     ENVIRONMENTAL IMPACT ASSESSMENT
     1. As part of their environmental management policies, the High Contracting Parties shall develop technical and other guidelines to assist the planning of their development projects in such a way as to minimize their harmful impact in the sphere of application of the Convention.
     2. Each High Contracting Party shall endeavour to include an assessment of the potential environmental effects in any planning activity entailing projects within its territory, particularly in the coastal areas, that may cause substantial pollution of, or significant and harmful changes to, the area of application of the Convention.
     3. The High Contracting Parties shall, in cooperation with the Executive Secretariat, develop procedures for the dissemination of information concerning the assessment of the activities referred to in paragraph 2 of this article.

Article 9
     EXCHANGE OF INFORMATION
     The High Contracting Parties undertake to exchange among themselves, and to transmit to the Executive Secretary, information on the following:
     (a) The competent national organization or authorities responsible for combating marine pollution;
     (b) The competent national authorities and bodies responsible for receiving information on marine pollution and for carrying out assistance programmes of measures for the benefit of the Parties; and
     (c) The programmes and research which they are conducting in order to develop new methods and techniques for preventing marine pollution as well as the results of such programmes and research.
     The High Contracting Parties shall co-ordinate the use of the available communication media in order to ensure the timely reception, transmission and dissemination of the information to be exchanged.

Article 10
     SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
     1. The High Contracting Parties shall, to the extent possible, co- operate directly, or through the Executive Secretariat or other competent international organization, when appropriate, in the fields of science and technology, and shall exchange data and any other specific information for the purposes of this Convention.
     To this end, the High Contracting Parties shall, directly or through the Executive Secretariat or another competent international organization:
     (a) Promote programmes of scientific, educational, technical and other assistance for the protection and preservation of the marine environment and the coastal area, and for the prevention, reduction and control of marine pollution. Such assistance shall include, inter alia:
     (i) Training of scientific and technical personnel; (ii) Participation in relevant international programmes; (iii) Provision of necessary equipment and facilities; (iv) Strengthening the capacity of the High Contracting Parties to manufacture such equipment; and (v) Provision of facilities for, and advice on, research, monitoring, educational and other programmes;
     (b) Provide appropriate assistance to minimize the effects of major incidents or accidents which may cause serious pollution of the marine environment;
     (c) Provide appropriate assistance in the preparation of environmental assessments; and
     (d) Co-operate in developing programmes for appropriate assistance in the environmental management of the marine environment and the coastal area.
     2. The High Contracting Parties undertake, to the extent possible, to promote and co-ordinate their national research programmes on all the types of pollution which exist within the geographical sphere of application of this Convention, and to co-operate in the establishment of regional research programmes.

Article 11 
     LIABILITY AND COMPENSATION
     1. The High Contracting Parties shall endeavour to formulate and adopt appropriate procedures for determining civil liability and compensation for damage resulting from pollution of the marine environment and coastal area caused by natural or juridical persons in their maritime and coastal areas as a consequence of any infringement by such persons of the provisions of this Convention and its supplementary instruments.
     2. The High Contracting Parties shall ensure that recourse is available in accordance with their legal systems for compensation or other relief in respect of damage caused by pollution of the marine environment and coastal area by natural or juridical persons under their jurisdiction.

Article 12 
     MEETINGS OF THE HIGH CONTRACTING PARTIES
     The High Contracting Parties shall hold ordinary and extraordinary meetings.
     1. Ordinary meetings shall be held every two years on the same occasion as the Ordinary Meeting of the Permanent Commission of the South Pacific. These meetings shall be convened by the Executive Secretariat.
     Extraordinary meetings shall be held whenever special circumstances so warrant. They shall be convened by the Executive Secretariat at the request of any High Contracting Party. The Executive Secretariat may also convene extraordinary meetings at its request following the unanimous agreement of the High Contracting Parties.
     2. At ordinary meetings, the High Contracting Parties shall examine, inter alia, the following points:
     (a) The extent to which this Convention is being implemented, the effectiveness of the measures taken and the need to develop other kinds of activities in furtherance of objectives of this Convention and the protocols thereto including their institutional and financial aspects;
     (b) The adoption of additional protocols, the advisability of amending or revising this Convention and the protocols thereto, and the modification or expansion of any resolutions adopted in pursuance of the provisions of the Convention and protocols;
     (c) The environmental assessment undertaken in the geographical area covered by this Convention; and
     (d) The performance of any other function which may assist in achieving the purposes of this Convention.

Article 13
     EXECUTIVE SECRETARIAT OF THE CONVENTION
     For the purposes of the administration and application of this Convention, the High Contracting Parties hereby designate the Permanent Commission of the South Pacific to discharge the functions of Executive Secretariat under the Convention. At their first meeting, the High Contracting Parties shall establish the procedure and financing for the performance of this function.

Article 14
     REPORTS
     The High Contracting Parties shall transmit to the Executive Secretariat reports on the measures adopted for the implementation of this Convention and the additional protocols which form part of it, in such form and at such intervals as determined by their meetings. The Executive Secretariat shall bring these reports to the attention of the High Contracting Parties.

Article 15
     ENTRY INTO FORCE
     This Convention shall enter into force sixty days after the third instrument of ratification has been deposited with the General Secretariat of the Permanent Commission of the South Pacific.

Article 16
     DENUNCIATION
     This Convention may be denounced by any of the High Contracting Parties after it has been in force for two years for the High Contracting Party denouncing it.
     Such denunciation shall be effected by means of written notification to the Executive Secretariat, which shall communicate it forthwith to the High Contracting Parties.
     The denunciation shall take effect one hundred and eighty days after the date of such notification.

Article 17
     AMENDMENTS TO THE CONVENTION OR ITS PROTOCOLS
     1. Any High Contracting Party may propose amendments to this Convention or to its protocols. Such amendments shall be adopted at a Conference of Plenipotentiaries convened by the Executive Secretary at the request of any Contracting Party.
     2. Amendments to this Convention and the protocols shall be adopted unanimously by the High Contracting Parties.
     3. The amendments shall be subject to ratification and shall enter into force after the third instrument of ratification has been deposited with the Executive Secretariat.

Article l8
     ACCESSION
     This Convention shall be open for accession by any State bordering the South-East Pacific. Accession shall be effected by the deposit of the relevant instrument with the Executive Secretariat, which shall communicate it to the High Contracting Parties.
     This Convention shall enter into force for the State acceding to it sixty days after the deposit of the relevant instrument.

Article 19
     ADOPTIONS OF PROTOCOLS
     The High Contracting Parties may adopt unanimously, at a Conference of Plenipotentiaries, additional protocols to this Convention, which shall enter into force after the third instrument of ratification has been deposited with the Executive Secretariat.

Article 2O
     GENERAL PROVISION
     The provisions of this Convention shall not affect any more stringent obligations which have been assumed by the High Contracting Parties under special conventions and agreements that they have concluded or may conclude on the protection of the marine environment.
     At the request of any of the High Contracting Parties, the Executive Secretariat shall convene a Conference of Plenipotentiaries on this question.
     Before the entry into force of this Convention, the Executive Secretariat may, after consultation with the signatories of the Convention, convene a Conference of Plenipotentiaries for the adoption of additional protocols.

     Done in six identical copies, one of which shall be deposited with the General Secretariat of the Permanent Commission of the South Pacific, all being equally authentic for the purposes of implementation and interpretation.

     In witness whereof the Plenipotentiaries, being duly authorized by their respective Governments, have signed this Convention in the city of Lima, on the twelfth day of November, one thousand nine hundred and eighty-one.


Protocol for the Protection of the South-East Pacific Against Pollution From Land-Based Sources

     Quito, 23 July 1983

Article I 
     AREA OF APPLICATION
     The sphere of application of this Protocol shall be the area of the South-East Pacific* within the 200-mile maritime area of sovereignty and jurisdiction of the High Contracting Parties and waters on the landward side up to the freshwater limit.
     * The geographical coverage of this Protocol comprises the 200- mile maritime area of sovereignty and jurisdiction of the High Contracting Parties.
     The fresh-water limit will be determined by each State Party, in accordance with the relevant technical and scientific criteria.

Article II
     SOURCES OF POLLUTION
     Marine pollution from land-based sources comprises:
     (a) Coastal outfalls or disposal and discharges;
     (b) Discharges through rivers, canals and other watercourses, including underground watercourses; and
     (c) In general, any other land-based source situated within the territories of the High Contracting Parties, whether through water, through the atmosphere or directly from the coast.

Article III
     GENERAL OBLIGATIONS
     The High Contracting Parties shall, either individually or through bilateral or multilateral cooperation. endeavour to adopt appropriate measures in accordance with the provisions of this Protocol to prevent, reduce and control pollution of the marine environment from land-based sources, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for the use of sea water and reduction of amenities.
     The High Contracting Parties shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures.
     The High Contracting Parties shall endeavour to harmonize their policies in this connection at the regional level.

Article IV 
     OBLIGATIONS IN RESPECT OF ANNEX I
     The High Contracting Parties shall endeavour to prevent, reduce, control and eliminate in their respective zones within the sphere of application of this Protocol pollution from land-based sources caused by the substances listed in annex I to this Protocol. To this end they shall, jointly or individually, elaborate and implement suitable programmes and measures.
     Such programmes and measures shall take into account, for their progressive implementation, the capacity to adapt and reconvert existing installations, the economic capacity of the Parties and their need for development.
     Without prejudice to the aim of eliminating discharges of the substances listed in annex I, to the extent that such substances occur, they shall be subject to a system of self-monitoring and control. Authorization by the competent national authorities shall depend upon the levels of such substances, taking into account the harm or deleterious effects which may result in the marine environment.

Article V 
     OBLIGATIONS IN RESPECT OF ANNEX II
     The High Contracting Parties shall endeavour progressively to reduce in their respective zone within the sphere of application of this Protocol pollution from land-based sources caused by the substances or sources listed in annex II to this Protocol. To this end they shall, jointly or individually, elaborate and implement suitable programmes and measures.
     Such programmes and measures shall take into account, for their progressive implementation, the capacity to adapt and reconvert existing installations, the economic capacity of the Parties and their need for development.
     Discharges of the substances listed in annex II to this Protocol shall be subject to a system of self-monitoring and control. Authorization by the competent national authorities shall depend on the levels of such substances, taking into account the harm or deleterious effects which may result in the marine environment.

Article VI
     PRACTICES AND PROCEDURES
     The High Contracting Parties shall endeavour to formulate and progressively adopt, acting individually or jointly as appropriate, in co-operation with the Executive Secretariat or another competent international organization, as the case may be, rules, standards and common practices and procedures dealing with:
     (a) Studies to determine the length, depth and position of coastal outfalls;
     (b) Special requirements for effluents necessitating separate treatment;
     (c) The quality of sea water necessary to guarantee the preservation of human health, living resources and ecosystems;
     (d) The control of products, installations and industrial and other processes causing significant pollution from land-based sources;
     (e) Special studies concerning the quantities discharged with a view to controlling the concentration of substances in effluents and the method of discharging the substances listed in annexes I and II, in order to comply with the provisions of subparagraph (c) of this article.
     Such rules, standards, practices and procedures shall take into account local ecological, geographical and physical characteristics, the economic capacity of the Parties and their need for development, the level of existing pollution and the real absorptive capacity of the marine environment.

Article VII
     CO-OPERATION AMONG THE PARTIES
     High Contracting Parties requiring assistance in combating pollution from land-based sources may, either directly or through the Executive Secretariat, request the co-operation of other Parties, especially those which may be affected by the pollution.
     Such co-operation may include expert advice and the provision of equipment and materials necessary to combat the pollution.
     The High Contracting Parties to which a request has been addressed shall, as soon as possible, consider the request and shall meet it to the extent of their capabilities and shall immediately inform the requesting Party of the form, extent and conditions of the co-operation they are in a position to provide.

Article VIII
     MONITORING PROGRAMMES
     The High Contracting Parties shall, directly or in co-operation with the Executive Secretariat or another competent international organization, progressively establish individual or joint programmes involving two or more Parties for monitoring pollution from land-based sources in order to:
     (a) Make an assessment of the nature and extent of the pollution;
     (b) Adopt appropriate measures to avoid or reduce the effects of the pollution;
     (c) Assess the effects of the measures taken under this Protocol to reduce the pollution of the marine environment;
     (d) Report to the other High Contracting Parties and the Executive Secretariat on the measures to be adopted and any activity which they are undertaking or intend to undertake in order to combat the pollution.

Article IX
     EXCHANGE OF INFORMATION
     The High Contracting Parties undertake to exchange among themselves and to transmit to the Executive Secretariat information on the following:
     (a) The competent national authorities and bodies responsible for receiving information about pollution from land-based sources and for carrying out assistance programmes or measures among the Parties;
     (b) The competent national organization or authorities responsible for combating pollution from land-based sources;
     (c) The research programmes which they are conducting in order to develop new methods and techniques for preventing pollution from land-based sources, as well as the results of such programmes; and
     (d) The measures taken, the results achieved and the difficulties encountered in the application of this Protocol. Such information shall include inter alia:
     (i) Statistical data on the authorizations granted under articles IV and V of this Protocol; (ii) Data resulting from monitoring as provided for in article VIII of this Protocol; (iii) Quantities of pollutants discharged from their territories; (iv) Measures taken in accordance with articles IV and V of this Protocol.
     The High Contracting Parties shall co-ordinate use of the available means of communication in order to ensure timely reception, transmittal and dissemination of the information to be exchanged.

Article X
     SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
     The High Contracting Parties shall, to the extent possible, co- operate directly, through the Executive Secretariat or another competent international organization, when appropriate, in the fields of science and technology and shall exchange data and any other scientific information for the purposes of this Protocol.

Article XI
     OBLIGATION IN RESPECT OF THE OTHER HIGH CONTRACTING PARTIES
     The High Contracting Parties shall take the necessary measures to ensure to the extent possible that activities under their jurisdiction or control are so conducted that they do not cause damage by pollution to the other Parties or to their environment and that pollution rising from accidents or from activities under their jurisdiction or control does not spread beyond the areas in which the High Contracting Parties exercise sovereignty and jurisdiction.

Article XII
     CONSULTATIONS BETWEEN THE PARTIES
     When pollution from land-based sources of one of the High Contracting Parties is likely to affect adversely the interests of one or more of the Contracting Parties to this Protocol, the Parties affected shall, at the request of one or more of them, enter into consultation with a view to seeking a satisfactory solution.
     At the sessions held by the High Contracting Parties in accordance with article XV, recommendations may be made with a view to reaching a satisfactory solution.

Article XIII
     PUNITIVE MEASURES
     Each High Contracting Party undertakes to ensure compliance with the provisions of this Protocol and to adopt measures available to it that it deems pertinent in order to prevent and penalize any act which infringes these provisions.
     The High Contracting Parties shall report to the Executive Secretariat on the legislative measures and regulations they have adopted for the application of the provisions of the foregoing paragraph.

Article XIV
     APPLICATION OF OTHER MEASURES
     Nothing in this Protocol shall prevent the High Contracting Parties from adopting for application, either individually or by two or more of them, stricter measures to combat pollution from land-based sources.

Article XV
     ORDINARY AND EXTRAORDINARY SESSIONS
     The High Contracting Parties shall hold ordinary sessions every two years and extraordinary sessions at any time, whenever two or more of them so request.
     Ordinary sessions shall be held at the same time as the sessions of the Co-ordinating Committee for Scientific Research or the Legal Commission of the Permanent Commission of the South Pacific.
     At ordinary sessions, the High Contracting Parties shall examine, inter alia, the following:
     (a) The extent to which this Protocol is being implemented, the effectiveness of the measures taken and the need to develop other kinds of activities in furtherance of the objectives of this Protocol;
     (b) The need to amend or revise this Protocol and its annexes and to adopt additional protocols and the desirability of expanding or amending the resolutions adopted in pursuance of this Protocol and its annexes;
     (c) The formulation and adoption of programmes and measures, in accordance with articles IV and V;
     (d) The drafting and adoption of rules and standards, practices and procedures, in accordance with article VI;
     (e) The need to make recommendations, in accordance with the provisions of article XII;
     (f) The performance of any other function which may assist in achieving the aims of this Protocol.

Article XVI
     EXECUTIVE SECRETARIAT
     For the purposes of the administration and the application of this Protocol, the High Contracting Parties hereby designate the Permanent Commission of the South Pacific to discharge the functions of Executive Secretariat under the Protocol. At their first meeting, the High Contracting Parties shall establish the procedure and financing for the performance of this function.

Article XVII
     ENTRY INTO FORCE
     This Protocol shall enter into force 60 days after the third instrument of ratification has been deposited with the General Secretariat of the Permanent Commission of the South Pacific.

Article XVIII
     DENUNCIATION
     This Protocol may be denounced by any of the High Contracting Parties after it has been in force for two years for the High Contracting Party denouncing it.
     Such denunciation shall be effected by means of written notification to the Executive Secretariat, which shall communicate it forthwith to the High Contracting Parties.
     The denunciation shall take effect 180 days after the date of such notification.

Article XIX
     AMENDMENTS
     This Protocol may be amended only with the unanimous agreement of the High Contracting Parties. Amendments shall be subject to ratification and shall enter into force after the third instrument of ratification has been deposited with the Executive Secretariat.

Article XX
     ACCESSION
     This Protocol shall be open for accession by any coastal State in the South-East Pacific, on the unanimous invitation of the High Contracting Parties.
     Accession shall be effected by deposit of the relevant instrument with the Executive Secretariat, which shall communicate it to the High Contracting Parties.
     This Protocol shall, for the State acceding to it, enter into force 60 days after the deposit of the relevant instrument.

Article XXI 
     RESERVATIONS
     No reservations concerning this Protocol may be entered.
     Done in six identical copies, one of which shall be deposited with the General Secretariat of the Permanent Commission of the South Pacific, all being equally authentic for the purposes of implementation and interpretation.
     In witness whereof, the Plenipotentiaries, being duly authorized by their respective Governments, have signed this Protocol in the city of Quito on the twenty-second day of July, one thousand nine hundred and eighty-three.

      Annex I
      A. The following substances, families and groups of substances are listed, not in order of priority, for the purposes of article IV of this Protocol. They have been selected mainly on the basis of their:
     Toxicity; Persistence; Bioaccumulation.
     1. Organohalogen compounds and substances which may form such compounds in the marine environment.     
           With the exception of those which are biologically harmless or which are rapidly converted into biologically harmless substances.
     2. Organophosphorous compounds and substances which may form such compounds in the marine environment.     
     3. Organotin compounds and substances which may form such compounds in the marine environment.     
     4. Mercury and mercury compounds.
     5. Cadmium and cadmium compounds.
     6. Used lubricating oils.
     7. Persistent synthetic materials which may float, sink or remain in suspension and which may interfere with any legitimate use of the sea.
     8. Substances having proven carcinogenic, teratogenic or mutagenic properties in or through the marine environment.
     9 Radioactive substances, including their wastes, when their discharges do not comply with the principles of radiation protection as defined by the competent international organizations, taking into account the protection of the marine environment.
     B. The present annex does not apply to discharges which contain substances listed in section A that are below the limits defined jointly by the Parties.
      Annex II
      A. The following substances, families and groups of substances, or sources of pollution, listed not in order of priority for the purposes of article V of this Protocol, have been selected mainly on the basis of criteria used for annex I, while taking into account the fact that they are generally less noxious or are more readily rendered harmless by natural processes and therefore generally affect more limited coastal areas.
     1. The following elements and their compounds:
     Zinc Copper Nickel Chromium Lead Selenium Arsenic Antimony Molybdenum Titanium Tin Barium Beryllium Boron Uranium Vanadium Cobalt Thallium Tellurium Silver
     2. Biocides and their derivatives not covered in annex I.
     3. Organosilicon compounds and substances which may form such compounds in the marine environment, excluding those which are biologically harmless or are rapidly converted into biologically harmless substances.
     4. Crude oils and hydrocarbons of any origin.
     5. Cyanides and fluorides.
     6. Non-biodegradable detergents and other surface-active substances.
     7. Inorganic compounds of phosphorus and elemental phosphorus.
     8. Pathogenic micro-organisms.
     9. Thermal discharges.
     10. Substances which have a deleterious effect on the taste and/or smell of products for human consumption derived from the aquatic environment, and compounds liable to give rise to such substances in the marine environment.
     11. Substances which have, directly or indirectly, an adverse effect on the oxygen content of the marine environment, especially those which may cause eutrophication.
     12. Acid or alkaline compounds of such composition and in such quantity that they may impair the quality of sea water.
     13. Substances which, though of a non-toxic nature, may become harmful to the marine environment or may interfere with any legitimate use of the sea owing to the quantities in which they are discharged.
     B. The control and strict limitation of the discharge of substances referred to in section A above must be implemented in accordance with annex III.
      Annex III
      With a view to the issue of an authorization for the discharge of wastes containing substances referred to in annexes I and II of this Protocol, particular account will be taken, as the case may be, of the following factors:
     A. CHARACTERISTICS AND COMPOSITION OF THE WASTE
     1. Type and size of waste source (e.g. industrial process).
     2. Type of waste (origin, average composition).
     3. Form of waste (solid, liquid, sludge, slurry).
     4. Total amount (volume discharged, e.g. per year).
     5. Discharge pattern (continuous, intermittent, seasonally variable, etc.)
     6. Concentrations with respect to major constituents, substances listed in annex I, substances listed in annex II, and other substances as appropriate.
     7. Physical, technical and biochemical properties of the waste.
     B. CHARACTERISTICS OF WASTE CONSTITUENTS WITH RESPECT TO THEIR HARMFULNESS
     1. Persistence (physical, chemical, biological) in the marine environment.
     2. Toxicity and other harmful effects.
     3. Accumulation in biological materials or sediments.
     4. Biochemical transformation producing harmful compounds.
     5. Adverse effects on the oxygen content and balance.
     6. Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other sea-water constituents which may produce harmful biological or other effects on any of the uses listed in section E below.
     C. CHARACTERISTICS OF DISCHARGE SITE AND RECEIVING MARINE ENVIRONMENT
     1. Hydrographic, meteorological, geological and topographic characteristics of the coastal area.
     2. Location and type of discharge (outfall, canal, outlet, etc.) and its relation to other areas (such as amenity areas, spawning, nursery, and fishing areas, shellfish grounds) and other discharges.
     3. Initial dilution achieved at the point of discharge into the receiving marine environment.
     4. Dispersion characteristics such as effect of currents, tides and wind on horizontal transport and vertical mixing.
     5. Receiving water characteristics with respect to physical, chemical, biological and ecological conditions in the discharge area.
     6. Capacity of the receiving marine environment to receive waste discharges without undesirable effects.
      D. AVAILABILITY OF WASTE TECHNOLOGIES
     The methods of waste reduction and discharge for industrial effluents as well as domestic sewage should be selected taking into account the availability and feasibility of:
     (a) Alternative treatment processes; 
     (b) Re-use or elimination methods;
     (c) On-land disposal alternatives; and
     (d) Appropriate low-waste technologies.
     E. POTENTIAL IMPAIRMENT OF MARINE ECOSYSTEMS AND SEA-WATER USES
     1. Effects on human health through pollution impact on:
     (a) Edible marine organisms;
     (b) Bathing waters;
     (c) Aesthetics.
     Discharges of waste containing substances listed in annexes I and II shall be subject to a system of self-monitoring and control by the competent national authorities.
     2. Effects on marine ecosystems, in particular living resources, endangered species and critical habitats.
     3. Effects on other legitimate uses of the sea.
Short Name:
Full Name:	Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific
Purpose:	environment
Established:	12-Nov-1981
Entered into force:	19-May-1986
Type:	convention, multi-lateral
Place where established:	Lima, Peru
Schedule to expire:
Goals and Objectives:	The objective is to protect and preserve the marine environment and coastal area of the South-East Pacific against all types and sources of pollution.
Related Legislation:	[22 Jul 1983] Protocol for the Protection of South East Pacific against Pollution from Land Based Sources (Entered into force 23 Sep 1986). [12 Nov 1981] Agreement on Regional Cooperation in Combating Pollution of the South East Pacific by Hydrocarbons or other Harmful Substances in cases of Emergency (Entered into force 14 Jul 1986). [21 Sep 1989] Protocol for the Conservation and Management of Protected Marine and Coastal Areas of the South East Pacific.
Internet source:
Secretariat's address	Comision Permanente del Pacifico Sur (CPPS) Coruñ 2061 y Whimper Quito Ecuador
Telephone	+593-2-562786
Fax	+593-2-562786
E-Mail
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