The Tribunal shall render its award within a period of 5 months from the date of its constitution, unless it deems it necessary to extend that period. Such extension shall not exceed five months. The award of the Tribunal shall be accompanied by a statement of reasons. It shall be final and without appeal and shall be communicated to the Secretary-General, who shall inform the Contracting Parties. The parties to the dispute shall immediately comply with the provisions of the award.
MARINE GEOENGINEERING ACTIVITIES 1 OCEAN FERTILIZATION .1 Ocean fertilization is any activity undertaken by humans with the principal intention of stimulating primary productivity in the oceans. Ocean fertilization does not include traditional aquaculture or mariculture, or the creation of artificial reefs.
.2 No ocean fertilization activity other than those mentioned in paragraph .3 shall be permitted.
.3 The issuance of a permit for an ocean fertilization activity may only be considered if it is determined, through an assessment (evaluación), that it constitutes legitimate scientific research, taking into account any specific placement assessment framework.
ASSESSMENT FRAMEWORK FOR MATTERS THAT MAY BE CONSIDERED FOR PLACEMENT UNDER ANNEX 4 GENERALITIES 1 The purpose of this framework is:
.1 to evaluate the placement activities listed in Annex 4; and .2 to constitute the basis for the development of specific assessment frameworks for the placement activities listed in Annex 4.
2 The specific assessment frameworks developed for the placement activities listed in Annex 4 shall comply with the requirements of this Annex and may offer additional guidance for assessment and permitting.
3 Parties that comply with the provisions of a specific assessment framework that has been adopted by all Parties shall be deemed to comply with the provisions of this Annex.
DESCRIPTION OF THE ACTIVITY 4 First, it must be determined whether the proposed activity is included in the listing in Annex 4 and may be permitted in accordance with that Annex. This determination requires a complete description of the proposed placement activity, including its purpose, covering all stages. Furthermore, a description of the working practices during the different stages and of the wastes produced (if any) at the relevant stage is necessary.
5 The proposal shall demonstrate that:
- the proposed activity has a purpose other than mere disposal; - it has been designed to fulfill its purpose; - the rationale, objectives, methods, scales, timelines and locations, as well as the anticipated benefits and risks, are stated as a clear justification for the proposal; and - the proposed activity has the necessary financial resources to fulfill the work program before its commencement.
6 The detailed description and characterization of the placement and all constituents are a fundamental prerequisite for the assessment of the proposed activity and the basis for the decision to issue or deny a permit. Where the characterization of the placement is so insufficient that it cannot be adequately assessed, no permit shall be issued. Marine scientific research related to marine geoengineering 7 Potential marine geoengineering techniques may require specific marine scientific research to, among other things:
- better understand the natural processes that will be affected; - understand their potential impacts on the marine environment; - understand their potential effectiveness for geoengineering purposes; and - enable the effective application of the assessment framework or frameworks to marine geoengineering proposals.
8 In the case of such specific marine scientific research activity, the following considerations apply:
- the proposed activity is designed to answer questions that will add to scientific knowledge. Proposals should state their rationale, research objectives, hypotheses and scientific methods, scales, timelines, duration and locations, with a clear justification of why the anticipated results cannot reasonably be achieved by other methods; - the research methodology applied should be appropriate and based on the best available scientific knowledge and technology. The methodology should be described in sufficient detail to allow peer review; - the proposed activity is subject to peer review at appropriate stages of the assessment process; - economic interests should not influence the design, conduct, or results of the proposed activity. There should be no financial or economic gain as a direct consequence of the experiment or its results. This does not exclude payment for services provided to support the experiment or the future financial impact of patented technologies; - the proponents of the proposed activity commit to publishing the results in peer-reviewed scientific publications and include a plan in the proposal for the purpose of making the data and results publicly available within a stipulated and timely period; and - the proposed activity has the financial resources to fulfill the work program before the work commences.
9 Paragraphs 4 and 6 above also apply to marine scientific research.
CONSULTATION 10 When the proposed placement activity under consideration by a Contracting Party may affect areas of the sea in which another State has the right to exercise its jurisdiction, in accordance with international law, or areas of the sea that lie beyond the jurisdiction of States, potentially affected countries and relevant regional intergovernmental agreements and arrangements should be identified and informed, and a plan for ongoing consultation on potential impacts, and to encourage scientific cooperation, should be developed.
11 Contracting Parties should encourage those proposing listed activities to initiate early consultations with interested parties so that all issues can be addressed before proposals are submitted. Contracting Parties shall establish a consultation process with all relevant stakeholders at the national or international level when a proposal is submitted. This consultation process shall be carried out during the assessment process and before a final decision on the permit is made. Authorization should be sought from all countries with jurisdiction or interest over the region of potential impact, without prejudice to international law. Where the placement activity may affect an area subject to a regional intergovernmental agreement or arrangement, the process shall include consultation with the relevant regional organization to ensure consistency with applicable regional objectives and requirements.
12 Contracting Parties should consider the advice on proposals for activities listed in Annex 4 provided by independent international experts or an independent international expert advisory group, particularly in cases where paragraph 10 applies. The advice may address the scientific, technical, social, or economic aspects of the proposal. It shall include, as appropriate, a peer review by experts of the information and data provided by the proponent regarding scientific and technical quality. In cases where paragraph 10 applies, potentially affected countries could seek advice from independent international experts or an independent international expert advisory group.
INFORMATION FOR THE ASSESSMENT (EVALUACIÓN) 13 A common set of information is required for each element of the framework assessment (evaluación), namely:
- selection of the placement site; - assessment (evaluación) of the materials to be placed in the marine environment; - assessment (evaluación) of potential effects, including the impact hypotheses; - risk management; and - monitoring, including the environmental baseline.
SELECTION OF THE PLACEMENT SITE 14 In order to address the selection of the placement site, Contracting Parties shall require the following information, as appropriate, to evaluate and justify the site or sites selected:
- the physical, geological, chemical and biological conditions of the proposed site and the area of potential impacts, and the uncertainties of those conditions in relation to the proposed activity; - the impacts on recreation areas, values and other uses of the sea at the proposed site and in the area of potential impacts; - any possible component flows due to the activity in relation to existing flows of substances in the marine environment; and - the economic and operational feasibility.
ASSESSMENT (EVALUACIÓN) OF THE MATERIALS TO BE PLACED IN THE MARINE ENVIRONMENT 15 In the characterization and assessment (evaluación) of the materials whose placement in the marine environment is proposed, including their components, the following shall be taken into account, as appropriate:
.1 origin, total quantity, form and average composition and destination; .2 physical, chemical, biochemical and biological properties; .3 toxicity; .4 physical, chemical and biological persistence; and .5 accumulation and biotransformation in sediments or biological materials.
ASSESSMENT (EVALUACIÓN) OF POTENTIAL EFFECTS 16 The assessment (evaluación) of potential effects shall lead to the "impact hypothesis," a concise statement of the anticipated consequences of the placement activity in the area of the activity and the area of potential impacts, including transboundary effects. It shall constitute a basis for deciding whether to approve, reject, or revise the proposed placement activity and for defining risk management and mitigation measures and environmental monitoring requirements.
17 The assessment (evaluación) of potential effects should integrate information on the characteristics of the proposed placement activity, the conditions of the proposed site or sites, any relevant flow, and any proposed construction techniques. The assessment (evaluación) shall specify the potential effects on human health, on the structure and dynamic aspects of the marine ecosystem, including the sensitivity of species, populations, communities, habitats and processes, recreation possibilities and other legitimate uses of the sea. The assessment (evaluación) shall define the nature, temporal and spatial scales, and duration of the anticipated impacts, based on reasonably conservative assumptions.
18 The analysis of the proposed placement activity should be considered in light of the assessment (evaluación) of the following issues: risks to human health, environmental costs, hazards (including accidents), economic aspects, and exclusion of future uses. Cumulative impacts from repeated activities or from other activities may also be a relevant consideration. If the assessment (evaluación) reveals that adequate information is not available to determine the likely effects of the proposed placement activity, it shall not proceed further in the review process.
19 Every assessment (evaluación) of potential effects shall conclude with a statement in favor of the decision to approve, reject, or revise the proposed placement activity.
RISK MANAGEMENT 20 Risk management procedures are necessary to ensure that, to the extent possible, environmental risks are minimized, including through mitigation and contingency planning, benefits are maximized, and a precautionary approach is applied.
21 Strategies for risk management or mitigation must be appropriate for the risks in question. They may be imposed as additional conditions by a Contracting Party or included as an intrinsic part of the proposal. Strategies may include temporal, spatial or operational restrictions.
22 Contingency planning will also need to be considered in order to respond to monitoring where the impact hypothesis is shown to be incorrect. This may include cessation of placement activities.
MONITORING 23 A well-designed monitoring regime is necessary, which should consider both short- and long-term impacts and, where possible, determine whether the activity has achieved its purpose.
24 The purpose of monitoring is to verify that the permit conditions are met (compliance monitoring) and that the hypotheses formulated during the permit review and site selection processes were correct and sufficient to protect the marine environment and human health (site monitoring). It is essential that such monitoring programs have clearly established objectives. The type, frequency and scope of monitoring shall depend on the impact hypothesis and the anticipated local and regional consequences.
25 Monitoring is also used to determine the impact zone and whether changes are consistent with predictions. The establishment of baseline conditions prior to the placement activity, as well as monitoring of control sites, are essential for continued monitoring and the detection of impacts beyond those anticipated.
THE PERMIT AND ITS CONDITIONS 26 The decision to issue a permit shall only be taken if:
.1 the assessment (evaluación) has been satisfactorily completed and indicates that the proposed activity is included in the listing in Annex 4 and may be permitted in accordance with that Annex; .2 the activity is designed to fulfill its purpose. It must be demonstrated that the proposed activity has the necessary financial resources to fulfill the work program before its commencement, including any permit conditions requiring, for example, mitigation, contingency planning, and monitoring; .3 all impact assessments (evaluaciones) have been satisfactorily completed; .4 the monitoring and risk management requirements have been determined; .5 conditions are in place to ensure that, to the extent possible, disturbances and harm caused to the environment are minimized and benefits are maximized; .6 the consultation requirements in accordance with paragraphs 10, 11 and 12 are met; and .7 it is determined that, to the extent possible, pollution of the marine environment caused by the proposed activity is avoided or minimized and, consequently, it is not contrary to the objectives of the Protocol.
27 In the event that adequate information to make the determinations in paragraph 26 is not available, the permitting authority shall request additional information before adopting a decision or shall not issue the permit.
28 The provisions of the permit shall ensure, to the extent possible, that risks to human health and the marine environment are avoided and that disturbances and harm caused to the environment are minimized and benefits are maximized. Every issued permit shall include conditions specifying, among other things:
.1 the type and origin of the materials to be placed; .2 the location of the placement site or sites; .3 the methods to be used to carry out the placement activity; .4 the notification, monitoring, and risk management requirements; and .5 the removal and/or disposal/reuse/recycling of elements, as appropriate, at the end of the placement activity.
29 Permits should be reviewed at regular intervals, taking into account the results of the monitoring, the objectives of the monitoring programs, and relevant research. The review of the monitoring results shall indicate whether it is necessary to continue, revise, or conclude the field programs and will help inform the decisions on the renewal, modification, or revocation of permits. Monitoring provides an important information mechanism for future permitting decisions for the protection of human health and the marine environment.
NOTIFICATION 30 The results of the assessments (evaluaciones) and the documentation of any issued permit shall be made available to the Secretariat and made available to the public at the time of, or shortly after, the decision is adopted. The Secretariat should then inform the Contracting Parties.