Annex V

Exemptions from the general prohibition of dumping of waste and other matter in the Baltic Sea Area

 

Regulation 1

In accordance with Article 11, paragraph 2 of this Convention the prohibition of dumping shall not apply to the disposal at sea of dredged materials provided that:

a) the dumping of dredged material containing harmful substances indicated in Annex I is only permitted according to the guidelines adopted by the Commission; and

b) the dumping is carried out under a prior special permit issued by the appropriate national authority, either

i) within the area of internal waters and the territorial sea of the Contracting Party; or

ii) outside the area of internal waters and the territorial sea, whenever necessary, after prior consultations in the Commission.

When issuing such permits the Contracting Party shall comply with the provisions in Regulation 3 of this Annex.

Regulation 2

1. The appropriate national authority referred to in Article 11, paragraph 2 of of this Convention shall:

a) issue the special permits provided for in Regulation 1 of this Annex;

b) keep records of the nature and quantities of matter permitted to be dumped and the location, time and method of dumping;

c) collect available information concerning the nature and quantities of matter that has been dumped in the Baltic Sea Area recently and up to the coming into force of this Convention, provided that the dumped matter in question could be liable to contaminate water or organisms in the Baltic Sea Area, to be caught by fishing equipment, or otherwise to give rise to harm, and information concerning the location, time and method of such dumping.

2. The appropriate national authority shall issue special permits in accordance with Regulation 1 of this Annex in respect of matter intended for dumping in the Baltic Sea Area:

a)loaded in its territory;

b) loaded by a ship or aircraft registered in its territory or flying its flag, when the loading occurs in the territory of a State which is not a Contracting Party to this Convention.

3. Each Contracting Party shall report to the Commission, and where appropriate to other Contracting Parties, the information specified in sub-paragraph 1 c) of Regulation 2 of this Annex. The procedure to be followed and the nature of such reports shall be determined by the Commission.

Regulation 3

When issuing special permits according to Regulation 1 of this Annex the appropriate national authority shall take into account:

a) the quantity of dredged material to be dumped;

b) the content of harmful substances as referred to in Annex I;

c) the location (e.g. co-ordinates of the dumping area, depth and distance from the coast) and its relation to areas of special interest (e.g. amenity areas, spawning, nursery and fishing areas, etc.);

d) the water characteristics, if dumping is carried out outside the territorial sea, consisting of:

i) hydrographic properties (e.g. temperature, salinity, density, profile);

ii) chemical properties (e.g. pH, dissolved oxygen, nutrients);

iii) biological properties (e.g. primary production and benthic animals);

the data should include sufficient information on the annual mean levels and seasonal variation of the properties mentioned in this paragraph; and

e) the existence and effects of other dumping which may have been carried out in the dumping area.

Regulation 4

Reports made in accordance with Article 11, paragraph 5 of this Convention shall include the information to be provided in the Reporting Form to be determined by the Commission.