KUWAIT REGIONAL CONVENTION FOR CO-OPERATION ON THE PROTECTION OF
THE MARINE ENVIRONMENT FROM POLLUTION
Kuwait, 24 April 1978
The Government of the State of Bahrain,
The Imperial Government of Iran,
The Government of the Republic of Iraq,
The Government of the State of Kuwait,
The Government of the Sultanate of Oman,
The Government of the State of Qatar,
The Government of the Kingdom of Saudi Arabia,
The Government of the United Arab Emirates,
Realizing that pollution of the marine environment in the Region shared by
Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab
Emirates, by oil and other harmful or noxious materials arising from human
activities on land or at sea, especially through indiscriminate and
uncontrolled discharge of these substances, presents a growing threat to
marine life, fisheries, human health, recreational uses of beaches and other
amenities.
Mindful of the special hydrographic and ecological characteristics of the
marine environment of the Region and its particular vulnerability to
pollution.
Conscious of the need to ensure that the processes of urban and rural
development and resultant land use should be carried out in such a manner as
to preserve, as far as possible, marine resources and coastal amenities, and
that such development should not lead to deterioration of the marine
environment,
Convinced of the need to ensure that the processes of industrial
development should not, in any way, cause damage to the marine environment of
the Region, jeopardize its living resources or create hazards to human health,
Recognizing the need to develop an integrated management approach to the
use of the marine environment and the coastal areas which will allow the
achievement of environmental and development goals in a harmonious manner,
Recognizing also the need for a carefully planned research, monitoring and
assessment programme in view of the scarcity of scientific information on
marine pollution in the Region,
Considering that the States sharing the Region have a special
responsibility to protect its marine environment,
Aware of the importance of co-operation and co-ordination of action on a
regional basis with the aim of protecting the marine environment of the Region
for the benefit of all concerned, including future generations,
Bearing in mind the existing international conventions relevant to the
present Convention,
Have agreed as follows:
Article I
DEFINITIONS
For the purpose of the present Convention:
a) marine pollution means the introduction by man, directly or indirectly, of
substances or energy into the marine environment resulting or likely to result
in such deleterious effects as harm to living resources, hazards to human
health, hindrance to marine activities including fishing, impairment of
quality for use of sea and reduction of amenities;
b) "National Authority" means the authority designated by each Contracting
States as responsible for the co-ordination of national efforts for
implementing the Convention and its protocols;
c) "Organization" means the organization established by the Contracting States
in accordance with Article XVI;
d) "secretariat" means the organ of the Organization established in accordance
with Article XVI;
e) "Action Plan" means the Action Plan for the Development and Protection of
the Marine Environment and the Coastal Areas of Bahrain, Iran, Iraq, Kuwait,
Oman, Qatar, Saudi Arabia and the United Arab Emirates adopted at the Kuwait
Regional Conference of Plenipotentiaries on the Protection and Development of
the Marine Environment and the Coastal Areas, convened from 15 to 23 April
1978.
Article II
GEOGRAPHICAL COVERAGE
a) The present Convention shall apply to the sea area in the Region bounded in
the south by the following rhumb lines: from Ras Dharbat Ali in (16 deg 39 min
N, 35 deg 3 min 30 sec E) then to a position in (16 deg 00 min N 53 deg 25 min
E) then to a position in (17 deg 00 min N, 56 deg 30 min E) then to a position
in (20 deg 30 min N, 60 deg 00 min E) then to Ras Al-Fasteh in (25 deg 04 min
N, 61 deg 25 min E);
b) The Sea Area shall not include internal waters of the Contracting States
unless it is otherwise stated in the present Convention or in any of its
protocols.
Article III
GENERAL OBLIGATIONS
a) The Contracting States shall, individually and/or jointly, take all
appropriate measures in accordance with the present Convention and those
protocols in force to which they are party to prevent, abate and combat
pollution of the marine environment in the Sea Area;
b) In addition to the Protocol concerning Regional Co-operation in Combating
Pollution by Oil and other Harmful Substances in Cases of Emergency opened for
signature at the same time as the present Convention, the Contracting States
shall co-operate in the formulation and adoption of other protocols
prescribing agreed measures, procedure and standards for the implementation of
the Convention;
c) The Contracting States shall establish national standards, laws and
regulations as required for the effective discharge of the obligation
prescribed in paragraph (a) of this article, and shall endeavour to harmonise
their national policies in this regard and for this purpose appoint the
National Authority;
d) The Contracting States shall co-operate with the competent international,
regional and subregional organizations to establish and adopt regional
standards, recommended practices and procedures to prevent, abate and combat
pollution from all sources in conformity with the objectives of the present
Convention, and to assist each other in fulfilling their obligations under the
present Convention;
e) The Contracting Series shall use their best endeavour to ensure that the
implementation of the present Convention shall not cause transformation of one
type of pollution to another which could be more detrimental to the
environment.
Article IV
POLLUTION FROM SHIPS
The Contracting States shall take all appropriate measures in conformity
with the present Convention and the applicable rules of international law to
prevent, abate and combat pollution in the Sea Area caused by intentional or
accidental discharges from ships, and shall ensure effective compliance in the
Sea Area with applicable international rules relating to the control of this
type of pollution, including load-on-top, segregated ballast and crude oil
washing procedures for tankers.
Article V
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting States shall take all appropriate measures to prevent,
abate and combat pollution in the Sea Area caused by dumping of wastes and
other matter from ships and aircraft, and shall ensure effective compliance in
the Sea Area with applicable international rules relating to the control of
this type of pollution as provided for in relevant international conventions.
Article VI
POLLUTION FROM LAND-BASED SOURCES
The Contracting States shall take all appropriate measures to prevent,
abate and combat pollution caused by discharges from land reaching the Sea
Area whether water-borne, air-borne, or directly from the coast including
outfalls and pipelines.
Article VII
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION OF THE BED OF THE
TERRITORIAL SEA AND ITS SUB-SOIL AND THE CONTINENTAL SHELF
The Contracting States shall take all appropriate measures to prevent,
abate and combat pollution in the Sea Area resulting from exploration and
exploitation of the bed of the territorial sea and its sub-soil and the
continental shelf, including the prevention of accidents and the combating of
pollution emergencies resulting in damage to the marine environment.
Article VIII
POLLUTION FROM OTHER HUMAN ACTIVITIES
The Contracting States shall take all appropriate measures to prevent,
abate and combat pollution of the Sea Area resulting from land reclamation and
associated suction dredging and coastal dredging .
Article IX
CO-OPERATION IN DEALING WITH POLLUTION EMERGENCIES
a) The Contracting States shall, individually and/or jointly, take all
necessary measures, including those to ensure that adequate equipment and
qualified personnel are readily available, to deal with pollution emergencies
in the Sea Area, whatever the cause of such emergencies, and to reduce or
eliminate damage resulting therefrom;
b) Any Contracting State which becomes aware of any pollution emergency in the
Sea Area shall, without delay, notify the Organization referred to under
Article XVI and, through the secretariat any Contracting State likely to be
affected by such emergency.
Article X
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
a) The Contracting States shall co-operate directly, or, where appropriate,
through competent international and regional organizations, in the field of
scientific research, monitoring and assessment concerning pollution in the Sea
Area, and shall exchange data as well as other scientific information for the
purpose of the present Convention and any of its protocols;
b) The Contracting States shall co-operate further to develop and co-operate
national research and monitoring programmes relating to all types of pollution
in the Sea Area and to establish in cooperation with competent regional or
international organizations, a regional network of such programmes to ensure
compatible results. For this purpose, each Contracting State shall designate
the National Authority responsible for pollution research and monitoring
within the areas under its national jurisdiction. The Contracting States shall
participate in international arrangements for pollution research and
monitoring in areas beyond their national jurisdiction .
Article XI
ENVIRONMENTAL ASSESSMENT
a) Each Contracting State 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, which may cause
significant risks of pollution in the Sea Area;
b) The Contracting States may, in consultation with the secretariat, develop
procedures for dissemination of information of the assessment of the
activities referred to in paragraph (a) above;
c) The Contracting States undertake to develop, individually or jointly,
technical and other guidelines in accordance with standard scientific practice
to assist the planning of their development projects in such a way as to
minimize their harmful impact on the marine environment. In this regard
international standards may be used where appropriate.
Article XII
TECHNICAL AND OTHER ASSISTANCE
The Contracting States shall co-operate directly or through competent
regional or international organizations in the development of programmes of
technical and other assistance in fields relating to marine pollution in co-
ordinating with the Organization referred to in Article XVI.
Article YIII
LIABILITY AND COMPENSATION
The Contracting States undertake to co-operate in the formulation and
adoption of appropriate rules and procedure for the determination of:
a) civil liability and compensation for damage resulting from pollution of the
marine environment, bearing in mind applicable international rules and
procedures relating to those matters; and
b) liability and compensation for damage resulting from violation of
obligations under the present Convention and its protocols.
Article XIV
SOVEREIGN IMMUNITY
Warships or other ships owned or operated by a State, and used only on
Government non-commercial service, shall be exempted from the application of
the provisions of the present convention. Each Contracting State shall, as far
as possible, ensure that its warships or other ships owned or operated by that
State, and used only on Government non-commercial service, shall comply with
the present Convention in the prevention of pollution to the marine
environment.
Article XV
DISCLAIMER ,
Nothing in the present Convention shall prejudice or affect the rights or
claims of any Contracting State in regard to the nature or extent of its
maritime jurisdiction which may be established in conformity with
international law.
Article XVI
REGIONAL ORGANIZATION FOR THE PROTECTION OF THE MARINE ENVIRONMENT
a) The Contracting States hereby establish a Regional Organization for the
Protection of the Marine Environment, the permanent headquarters of which
shall be located in Kuwait.
b) The organization shall consist of the following organs:
(i) a Council which shall be comprised of the Contracting States and shall
perform the functions set forth in paragraph (d) of Article XVII;
(ii) a secretariat which shall perform the functions set forth in paragraph
(a) of Article XVIII; and
(iii) a Judicial Commission for the Settlement of Disputes whose composition,
terms of reference and rules of procedure shall be established at the first
meeting of the Council.
Article XVII
COUNCIL
a) The meetings of the Council shall be convened in accordance with paragraph
(a) of Article XVIII and paragraph (b) of Article XXX. The Council shall hold
ordinary meetings once a year. Extraordinary meetings of the Council shall be
held upon the request of at least one Contracting State endorsed by at least
one other Contracting State or upon the request of the Executive Secretary
endorsed by at least two Contracting States. Meeting of the Council shall be
convened at the headquarters of the Organization or at any other place agreed
upon by consultation amongst the Contracting States. Three-fourths of the
Contracting States shall constitute a quorum.
b) The Chairmanship of the Council shall be given to each Contracting State in
turn in alphabetical order of the names of the States in the English language.
The Chairman shall serve for a period of one year and cannot during the period
of chairmanship serve as a representative of his State. Should the
chairmanship fall vacant, the Contracting State chairing the Council shall
designate a successor to remain in office until the term of chairmanship of
that Contracting State expires.
c) The voting procedure in the Council shall be as follows:
(i) each Contracting State shall have one vote;
(ii) decisions on substantive matters shall be taken by a unanimous vote of
the Contracting States present and voting;
(iii) decisions on procedural matters shall be taken by three-fourths majority
vote of the Contracting States present and voting.
d) The functions of the Council shall be:
(i) to keep under review the implementation of the Convention and its
protocols, and the Action Plan referred to in paragraph (e) in Article l;
(ii) to review and evaluate the state of marine pollution and its effects on
the Sea Area on the basis of reports provided by the Contracting States and
the competent international or regional organizations;
(iii) to adopt, review and amend as required in accordance with procedures
established in Article XXI, the annexes to the Convention and to its protocols
(iv) to receive and to consider reports submitted by the Contracting States
under Articles IX and XXIII;
(v) to consider reports prepared by the secretariat on questions relating to
the Convention and to matters relevant to the administration of the
Organization;
(vi) to make recommendations regarding the adoption of any additional
protocols or any amendments to the Convention or to its protocols in
accordance with Articles XIX and XX;
(vii) to establish subsidiary bodies and ad hoc working groups as required to
consider any matters related to the Convention and its protocols and annexes
to the Convention and its protocols;
(viii) to appoint an Executive Secretary and to make provision for the
appointment by the Executive Secretary of such other personnel as may be
necessary;
(ix) to review periodically the functions of the secretariat:
(x) to consider and to undertake any additional action that may be required
for the achievement of the purposes of the Convention and its protocols.
Article XVIII
SECRETARIAT
a) The secretariat shall be comprised of an Executive Secretary and the
personnel necessary to perform the following functions:
(i) to convene and to prepare the meetings of the Council and its subsidiary
bodies and ad hoc working groups as referred to in Article XVII, and
conferences as referred to in Articles XIX and XX;
(ii) to transmit to the Contracting States notifications, reports and other
information received in accordance with Articles IX and XXIII;
(iii) to consider enquiries by, and information from, the Contracting States
and to consult with them on questions relating to the Convention and its
protocols and annexes thereto;
(iv) to prepare reports on matters relating to the Convention and to the
administration of the Organization;
(v) to establish, maintain and disseminate an up-to-date collection of
national laws of all States concerned relevant to the protection of the marine
treatment;
(vi) to arrange, upon request, for the provision of technical assistance and
advice for the drafting of appropriate national legislation for the effective
implementation of the Convention and its protocols;
(vii) to arrange for training programmes in areas related to the
implementation of the Convention and its protocols;
(viii) to carry out its assignments under the protocols to the Convention;
(ix) to perform such other functions as may be assigned to it by the Council
for the implementation of the Convention and its protocols.
b) The Executive Secretary shall be the chief administrative official of the
Organization and shall perform the functions that are necessary for the
administration of the present Convention, the work of the secretariat and
other tasks entrusted to the Executive Secretary by the Council and as
provided for in its rules and procedures and financial rules.
Article XIX
ADOPTION OF ADDITIONAL PROTOCOLS
Any Contracting State may propose additional protocols to the present
Convention pursuant to paragraph (b) of Article III at a diplomatic conference
of the Contracting States to be convened by the secretariat at the request of
at least three Contracting States. Additional protocols shall be adopted by a
unanimous vote of the Contracting States present and voting.
Article XX
AMENDMENTS TO THE CONVENTION AND ITS PROTOCOLS
a) Any Contracting State to the present Convention or any of its protocols may
propose amendments to the Convention or to the protocol concerned at a
diplomatic conference to be convened by the secretariat at the request of at
least three Contracting States. Amendments to the Convention and its protocols
shall be adopted by a unanimous vote of the Contracting States present and
voting.
b) Amendments to the Convention or any protocol adopted by a diplomatic
conference shall be submitted by the Depositary for acceptance by all
Contracting States. Acceptance of amendments to the Convention or to any
protocol shall be notified to the Depositary in writing. Amendments adopted in
accordance with this article shall enter into force for all Contracting
States, except those which have notified the Depositary of a different
intention, on the thirtieth day following the receipt by the Depositary of
notification of their acceptance by at least three-fourths of the Contracting
States to the Convention or any protocol concerned as the case may be.
c) After the entry into force of an amendment to the Convention or to a
protocol, any new Contracting State to the Convention or such protocol shall
become a Contracting State to the instrument as amended.
Article XXI
ANNEXES AND AMENDMENTS TO ANNEXES
a) Annexes to the Convention or to any protocol shall form an integral part of
the Convention or such protocol.
b) Except as may be otherwise provided in any protocol, the following
procedure shall apply to the adoption and entry into force of any amendments
to annexes to the Convention or to any protocol:
(i) any Contracting State to the Convention or to a protocol may propose
amendments to the annexes to the instrument in question at the meetings of the
Council referred to in Article XVII;
(ii) such amendments shall be adopted at such meetings by a unanimous vote;
(iii) the Depositary referred to in Article XXX shall communicate amendments
so adopted to all Contracting State without delay;
(iv) any Contracting State which has a different intention with respect to an
amendment to the annexes to the Convention or to any protocol shall notify the
Depositary in writing within a period determined by the Contracting States
concerned when adopting the amendment;
(v) the Depositary shall notify all Contracting States without delay of any
notification received pursuant to the preceding sub-paragraph;
(vi) on the expiry of the period referred to in sub-paragraph (iv) above, the
amendment to the annex shall become effective for all Contracting States to
the Convention or to the protocol concerned which have not submitted a
notification in accordance with the provisions of that sub-paragraph.
c) The adoption and entry into force of a new annex to the Convention or to
any protocol shall be subject to the same procedure as for the adoption and
entry into force of an amendment to an annex in accordance with the provisions
of this article, provided that, if any amendment to the Convention or the
protocol concerned is involved, the new annex shall not enter into force until
such time as the amendment to the Convention or the protocol concerned enters
into force.
Article XXII
RULES OF PROCEDURE AND FINANCIAL RULES
a) The Council shall, at the first meeting, adopt its own rules.
b) The Council shall adopt financial rules to determine, in particular, the
financial participation of the Contracting States.
Article XXIII
REPORTS
Each Contracting State shall submit to the secretariat reports on measures
adopted in implementation of the provisions of the Convention and its
protocols in such form and at such intervals as may be determined by the
Council.
Article XXIV
COMPLIANCE CONTROL
The Contracting State shall co-operate in the development of procedures
for the effective application of the Convention and its protocols, including
detection of violations, using all appropriate and practicable measures of
detection and environmental monitoring, including adequate procedures for
reporting and accumulation of evidence.
Article XXV
SETTLEMENT OF DISPUTES
a) In case of a dispute as to the interpretation or application of this
Convention or its protocols; the Contracting States concerned shall seek a
settlement of the dispute through negotiation or any other peaceful means of
their own choice.
b) If the Contracting States concerned cannot settle the dispute through the
means mentioned in paragraph (a) of this article, the dispute shall be
submitted to the Judicial Commission for the Settlement of Disputes referred
to in paragraph (a) (iii) of Article XVI.
Article XXVI
SIGNATURE
The present Convention together with the Protocol concerning Regional Co-
operation in Combating Pollution by Oil and other Harmful Substances in Cases
of Emergency shall be open for signature in Kuwait from 24 April to 23 July
1978 by any State invited as a participant in the Kuwait Regional Conference
of Plenipotentiaries on the Protection and Development of the Marine
Environment and the Coastal Areas, convened from 15 to 23 April 1978 for the
purpose of adopting the Convention and the Protocol.
Article XXVII
RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
a) The present Convention together with the Protocol concerning Regional Co-
operation in Combating Pollution by Oil and other Harmful Substances in Cases
of Emergency and any other protocol thereto shall be subject to ratification,
acceptance, or approval by the States referred to in Article XXVI.
b) As from 24 July 1978, this Convention together with the Protocol concerning
Regional Cooperation in Combating Pollution by Oil and other Harmful
Substances in Cases of Emergency shall be open for accession by the States
referred to in Article XXVI.
c) Any State which has ratified, accepted, approved or acceded to the present
Convention shall be considered as having ratified, accepted, approved or
acceded to the Protocol concerning Regional Co-operation in Combating
Pollution by Oil and other Harmful Substances in Cases of Emergency;
d) Instruments of ratification, acceptance, approval or accession shall be
deposited with the Government of Kuwait which will assume the functions of
Depositary.
Article XXVIII
ENTRY INTO FORCE
a) The present Convention together with the Protocol concerning Regional Co-
operation in Combating Pollution by Oil and other Harmful Substances in Cases
of Emergency shall enter into force on the nineteenth day following the date
of deposit of at least five instruments of ratification, acceptance or
approval of, or accession to, the Convention;
b) Any other protocol to this Convention, except as otherwise provided in such
protocol, shall enter into force on the ninetieth day following the date of
deposit of at least five instruments of ratification, acceptance or approval
of, or accession to, such protocol;
c) After the date of deposit of five instruments of ratification, acceptance
or approval of, or accession to, this Convention or any other protocol, this
Convention or any such protocol shall enter into force with respect to any
State on the ninetieth day following the date of deposit by that State of the
instrument of ratification, acceptance, approval or accession.
Article XXIX
WITHDRAWAL
a) At any time after five years from the date of entry into force of this
Convention, any Contracting State may withdraw from this Convention by giving
written notification of withdrawal to the Depositary;
b) Except as may be otherwise provided in any other protocol to the
Convention, any Contracting State may, at any time after five years from the
date of entry into force of such Protocol, withdraw from such protocol by
giving written notification of withdrawal to the Depositary;
c) Withdrawal shall take effect ninety days after the date on which
notification of withdrawal is received by the Depositary;
d) Any Contracting State which withdraws from the Convention shall be
considered as also having withdrawn from any protocol to which it was a party;
e) Any Contracting State which withdrawals from the Protocol concerning
Regional Co-operation in Combating Pollution by Oil and other Harmful
Substances in Cases of Pollution Emergency shall be considered as also having
withdrawn from the Convention.
Article XXX
RESPONSIBILITIES OF THE DEPOSITARY
a) The Depositary shall inform the Contracting States and the secretariat of
the following:
(i) signature of this Convention and of any protocol thereto, and of the
deposit of the instruments of ratification, acceptance, approval or accession
in accordance with Article XXVII;
(ii) date on which Convention and any protocol will enter into force in
accordance with the provision of Article XXVIII;
(iii) notification of a different intention made in accordance with Articles
XX and XXI;
(iv) notification of withdrawal made in accordance with Article XXIX;
(v) amendments adopted with respect to the Convention and to any protocol,
their acceptance by the Contracting State and the date of entry into force of
those amendments in accordance with the provisions of Article XX;
(vi) adoption of new annexes and of the amendment of any annex in accordance
with Article XXI;
b) The Depositary shall call the first meeting of the Council within six
months of the date on which the Convention enters into force.
The original of this Convention, of any protocol thereto, of any annex to
the Convention or to a protocol, or of any amendment to the Convention, to a
protocol or to an annex of the Convention or of a protocol shall be deposited
with the Depositary, the Government of Kuwait who shall send copies thereof to
all States concerned and shall register all such instruments and all
subsequent actions in respect of them with the Secretariat of the United
Nations in accordance with article 102 of the Charter of the United Nations.
In witness whereof the undersigned Plenipotentiaries, being duly
authorised by their respective Governments, have signed the present
Convention.
Done at Kuwait this twenty-fourth day of April, in the year one thousand
nine hundred and seventy-eight in the Arabic, English and Persian languages,
the three texts being equally authentic. In case of a dispute as to the
interpretation or application of the Convention or its protocols, the English
text shall be dispositively authorative.