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Fortieth Consultative Meeting Of E FORTIETH CONSULTATIVE MEETING OF LC 40/16 CONTRACTING PARTIES TO THE LONDON 29 November 2018 CONVENTION Original: ENGLISH & THIRTEENTH MEETING OF CONTRACTING PARTIES TO THE LONDON PROTOCOL 5 – 9 November, 2018 Agenda item 16 REPORT OF THE FORTIETH CONSULTATIVE MEETING AND THE THIRTEENTH MEETING OF CONTRACTING PARTIES Table of contents Paragraph Page Section Nos. No. 1 INTRODUCTION – ADOPTION OF THE AGENDA 1.1 – 1.10 3 2 STATUS OF THE LONDON CONVENTION AND 2.1 – 2.9 4 PROTOCOL 3 PROGRESS ON THE IMPLEMENTATION OF THE LC-LP 3.1 – 3.16 6 STRATEGIC PLAN 4 CONSIDERATION OF THE REPORT OF THE 4.1 – 4.12 8 SCIENTIFIC GROUPS 5 MARINE GEOENGINEERING INCLUDING OCEAN 5.1 – 5.21 11 FERTILIZATION 6 CO2 SEQUESTRATION IN SUB-SEABED GEOLOGICAL FORMATIONS (LP) 6.1 – 6.16 14 7 COMPLIANCE ISSUES 7.1 – 7.34 17 8 TECHNICAL COOPERATION AND ASSISTANCE 8.1 – 8.37 23 9 INTERPRETATION OF THE LONDON CONVENTION 9.1 – 9.71 30 AND PROTOCOL 10 MATTERS RELATED TO THE MANAGEMENT OF 10.1 – 10.10 43 RADIOACTIVE WASTES 11 MONITORING FOR THE PURPOSES OF THE LONDON 11.1 – 11.11 44 CONVENTION AND PROTOCOL I:\LC\40\LC 40-16.docx LC 40/16 Page 2 Paragraph Page Section Nos. No. 12 RELATIONS WITH OTHER ORGANIZATIONS IN THE FIELD OF MARINE ENVIRONMENTAL PROTECTION 12.1 – 12.7 46 13 ADMINISTRATIVE ARRANGEMENTS AND FUTURE WORK 13.1 – 13.19 48 14 ANY OTHER BUSINESS 14.1 – 14.24 51 15 ELECTION OF OFFICERS FOR BOTH GOVERNING BODIES 15.1 54 16 CONSIDERATION AND ADOPTION OF THE REPORT 16.1 54 ANNEXES ANNEX 1 AGENDA FOR THE FORTIETH CONSULTATIVE MEETING AND THE THIRTEENTH MEETING OF CONTRACTING PARTIES ANNEX 2 STREAMLINED JOINT WORK PROGRAMME (2019-2021) ANNEX 3 REPORT OF THE ELEVENTH MEETING OF THE COMPLIANCE GROUP UNDER THE LONDON PROTOCOL ANNEX 4 ONGOING AND PLANNED WORKSHOPS AND PROJECTS 2018-2019 ANNEX 5 ACTION PLAN AIMED AT IMPROVED REPORTING ANNEX 6 RECOMMENDATIONS FOR THE REVISION OF THE STRATEGIC APPROACH TO TECHNICAL COOPERATION: DELIVERING WORKSHOPS ANNEX 7 JOINT WORK PROGRAMME OF THE SCIENTIFIC GROUPS (2018-2020) ANNEX 8 LIST OF SUBSTANTIVE ITEMS FOR THE AGENDA FOR THE FORTY-FIRST CONSULTATIVE MEETING AND THE FOURTEENTH MEETING OF CONTRACTING PARTIES I:\LC\40\LC 40-16.docx LC 40/16 Page 3 1 INTRODUCTION – ADOPTION OF THE AGENDA 1.1 The fortieth Consultative Meeting of Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention), convened in accordance with article XIV(3)(a) of the Convention, and the thirteenth Meeting of Contracting Parties to the 1996 Protocol to the London Convention, 1972 (London Protocol), convened in accordance with article 19.2.1 of the Protocol, were held concurrently at the Headquarters of the International Maritime Organization, London, from 5 to 9 November 2018, and chaired by Ms. Azara Prempeh (Ghana). Ms. Betsy Valente (United States), First Vice-Chair, and Mr. Gildardo Alarcon Daowz (Mexico), Second Vice-Chair, also attended. 1.2 The session was attended by delegations from Contracting Parties to the London Convention, Contracting Parties to the London Protocol, observers from IMO Member States, IMO Associate Members, and observers from intergovernmental and non-governmental international organizations in consultative status, as listed in document LC 40/INF.1. Opening of the Meetings 1.3 In opening the proceedings, the Chair welcomed all participants to both Meetings. Opening address 1.4 Mr. Hiroyuki Yamada, Director, Marine Environment Division, welcomed the participants on behalf of the Secretary-General, Mr. Kitack Lim, and delivered an opening address. The full text of the opening address can be downloaded from the IMO website at the following link: http://www.imo.org/MediaCentre/SecretaryGeneral/Secretary-GeneralsSpeechesToMeetings/Pages/Default.aspx Chair's remarks 1.5 The Chair thanked Mr. Yamada for the words of welcome, noting the key items before the Meetings this session, and their linkages to ocean affairs. The Chair expressed appreciation for the support provided by the IMO Secretariat to the governing bodies, in particular for activities related to the instruments. Adoption of the agenda 1.6 The agenda for the fortieth Consultative Meeting and the thirteenth Meeting of Contracting Parties (LC 40/1), as adopted, is contained in annex 1. It includes, under each agenda item, a list of documents that were submitted for consideration. Both governing bodies also agreed on a timetable for their work (LC 40/1/1, annex 2). Participation of intergovernmental organizations and non-governmental international organizations (NGOs) 1.7 The Meetings noted that, following an informal lunchtime presentation at the last joint session of the Scientific Groups by a group called Ice911, the Secretariat had received an application from the group for observer status in the LC/LP meetings. 1.8 The Meetings noted that, in accordance with the Rules of Procedure and the Rules and criteria for participation of non-governmental international organizations for meetings or special meetings of Contracting Parties under the London Protocol and the Rules and guidelines for consultative status of non-governmental international organizations with the International Maritime Organization, the Bureau of the London Convention and Protocol had come to the unanimous decision that lce911 did not fulfil the criteria for observer status, and that observer status therefore could not be granted. Ice911 had been informed accordingly. I:\LC\40\LC 40-16.docx LC 40/16 Page 4 1.9 Both governing bodies agreed to invite United Nations organizations and intergovernmental organizations to the forty-first Consultative Meeting and the fourteenth Meeting of Contracting Parties and to intersessional meetings of their respective subsidiary bodies, as follows: UNITED NATIONS EUROPEAN COMMISSION (EC) ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD) PERMANENT COMMISSION FOR THE SOUTH PACIFIC (CPPS) HELSINKI COMMISSION (HELCOM) OSPAR COMMISSION PACIFIC REGIONAL ENVIRONMENT PROGRAMME (SPREP) INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA) INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (WORLD BANK) INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA (ICES) REGIONAL SEAS CONVENTIONS UNDER THE UNITED NATIONS UN ENVIRONMENT (UNEP) 1.10 Both governing bodies, at the conclusion of their sessions, decided that the following non-governmental international organizations should be invited to the forty-first Consultative Meeting and the fourteenth Meeting of Contracting Parties and to intersessional meetings of their respective subsidiary bodies: INTERNATIONAL CHAMBER OF SHIPPING (ICS) THE WORLD ASSOCIATION FOR WATERBORNE TRANSPORT INFRASTRUCTURE (PIANC) INTERNATIONAL ASSOCIATION OF PORTS AND HARBORS (IAPH) INTERNATIONAL ASSOCIATION OF OIL & GAS PRODUCERS (IOGP) INTERNATIONAL UNION FOR CONSERVATION OF NATURE (IUCN) ADVISORY COMMITTEE ON PROTECTION OF THE SEA (ACOPS) GREENPEACE INTERNATIONAL WORLD WIDE FUND FOR NATURE (WWF) THE INSTITUTE OF MARINE ENGINEERING, SCIENCE & TECHNOLOGY (IMarEST) INTERNATIONAL OCEAN INSTITUTE (IOI) WORLD ORGANIZATION OF DREDGING ASSOCIATIONS (WODA) 2 STATUS OF THE LONDON CONVENTION AND PROTOCOL The London Convention, 1972 (London Convention) 2.1 The Meetings were informed of the status of the London Convention and noted that 87 Governments had ratified or acceded to the Convention. The governing bodies also noted that 20 Contracting Parties had accepted the 1978 amendments concerning the settlement of disputes and that this number had not increased since 1996, the year in which the London Protocol had been adopted with, the same settlement of dispute arrangements in annex 3 of the Protocol. I:\LC\40\LC 40-16.docx LC 40/16 Page 5 The 1996 Protocol to the London Convention, 1972 (London Protocol) 2.2 The delegation of Peru informed the Meetings that they had deposited the instrument of accession with the Secretary-General on 31 October 2018, noting that the London Protocol reinforces the environmental aspects of Peru's domestic legislation. 2.3 The Meetings were informed that 51 States had now ratified or acceded to the London Protocol. The Meetings were further informed that 3 of the 18 Contracting Parties to the Convention that were signatories to the London Protocol had not yet ratified it (Argentina, Brazil and United States). 2.4 The Meetings noted with increasing concern the continued low annual increase of accessions to and ratifications of the Protocol (see table of accessions and ratifications per year below). Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Rate 1 3 3 6 3 NIL 2 3 1 8 Total 1 4 7 13 16 16 18 21 22 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2 4 1 2 2 1 1 2 1 2 2 1 32 36 37 39 41 42 43 45 46 48 50 51 2.5 The Meetings acknowledged that, even with the Protocol in force, it remained important to obtain accurate information concerning the progress made towards ratifying the Protocol by the Contracting Parties to the London Convention and by the observer States represented at the Meetings. That information would help the Meetings to plan their work and to monitor any shift in momentum from the Convention to the Protocol. 2.6 The Meetings also noted that since the entry into force of the London Protocol, three amendments had been adopted, as follows: .1 the 2006 amendment on the inclusion of CO2 sequestration in sub-seabed geological formations in annex 1 to the London Protocol (resolution LP.1(1)), which had entered into force in 2007 for all Parties; .2 the 2009 amendment on the export of carbon dioxide streams for disposal in accordance with annex 1 (resolution LP.3(4)), which had been accepted by five Parties; and .3 the 2013 amendments on the regulation of the placement of matter for ocean fertilization and other marine geoengineering activities (resolution LP.4(8)), which had been accepted by three Parties.
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