Protocol concerning Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf (1989)

Due to technological advancement in the field of exploration and exploitation of the sea bed and sub soil of the continental shelf to mineral resources. the environment of the sea area suffers from pollution.

Offshore operations such as dredging pipelines drilling activities etc. Create a lot of environmental problems which disturb the marine environment in many ways. In order to prevent /minimize pollution of the marine environment from such sources, and implementation of Articles 111(b) and V11 of the Kuwait Regional Convention for co- operation on the protection of the marine environment from pollution the ROPME Council acknowledged the necessity to develop a Protocol concerning marine pollution resulting from exploration and exploitation of the bed of the territorial sea and its subsoil and the continental shelf.

The present  Protocol  is to be supplementary to the Kuwait Convention  and to operate alongside the existing protocol concerning  regional  co operation in combating pollution by oil and other harmful substances in cases of emergency  Reference is also  made to other relevant obligation under relevant international  convention in particular the UN convention on the law of the Sea 1982  so as to acknowledge those obligations and to make it clear that there is to be neither degradation from nor conflict with them.

The Protocol  which consists of 15 articles  in designed to  provide protection as can reasonably be give  against marine  pollution resulting from exploitation and exploitation of the Continental  shelf. Many of the regulations embodied in the protocol are already in force in individual ROPME Member state.

 They are nevertheless included in the protocol to ensure that they become continuing obligation for all the states and that there should be comprehensive protection through out  the sea area at least by the minimum agreed standards.

We will explain some of the most important points included in this protocol:

No Contingency Plan shall be approved unless it can be coordinated with any existing national or local Contingency plans.

Each Member State shall require that all appropriate measures are taken to prevent, abate and control marine pollution from offshore operations in those parts on the protocol area within their respective jurisdictions taking into account the best available and economically feasible technology.

Each Member State shall ensure that in the protocol area under its jurisdiction any offshore operation shall be conducted under a Licence.

 Each member State before licensing any offshore operation which could cause significant risks of pollution in the Protocol Area or adjacent coastal area, shall call for submission of an assessment of the potential environment effect thereof. No Such operation shall commence until a statement of those effects has been submitted, No  licence  shall be granted until the Competent State Authority is satisfied that the operation  will entail  no unacceptable risk  of such damage.

Each Member States shall endeavor to ensure that offshore operations within it jurisdiction shall not cause unjustifiable interference with lawful navigation fishing or any other activity.

Each member State shall take all practicable measures to ensure that every offshore installation is certified by a Certifying Authority or its designee that it is safe and fit for the purpose for which it is to be used so as to ensure that it will not cause accidental damage to the marine environment.

No operator shall start work on any stage of his offshore operations within its jurisdiction until he has:

• Prepared a Contingency Plan to deal with any event which may occur as a result on the operationsThat Plan approved by the Competent State Authority