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 litigants shall immediately comply with the provisions of the award.
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 conventional aquaculture or mariculture, or the creation of artificial reefs.
.2 No ocean fertilization activity shall be permitted other than those referred to in paragraph .3.
.3 The issuance of a permit for an ocean fertilization activity may only be considered if it is determined, through assessment, that it constitutes a legitimate scientific research activity, taking into account any specific placement assessment framework.
FOR PLACEMENT UNDER ANNEX 4 GENERAL 1 The purpose of this framework is:
.1 to assess the placement activities listed in Annex 4; and .2 to constitute the basis for developing 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 meet the requirements of this annex and may provide additional guidance for assessment and permitting.
3 Parties that comply with a specific assessment framework that has been adopted by all Parties shall be deemed to comply with this annex.
ACTIVITY DESCRIPTION 4 First, it shall be determined whether the proposed activity is included in the listing in Annex 4 and may be permitted under that annex. This requires a complete description of the proposed placement activity, including its purpose, covering all stages. In addition, a description of working practices during the various stages and of the wastes produced (if any) at the relevant stage is required.
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 reasons, objectives, methods, scales, timelines, and locations, as well as the anticipated benefits and risks, are provided as a clear justification for the proposal; and - the proposed activity has the necessary financial resources to complete the work program before it commences.
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 refuse 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, inter alia:
Potential marine geoengineering techniques may require - 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 effective application of the assessment framework(s) 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 contribute to scientific knowledge. Proposals should state their reasons, research objectives, scientific hypotheses and methods, scales, timelines, duration, and locations, with a clear justification of why the expected results cannot reasonably be achieved by other means; - the research methodology applied should be adequate and based on the best available scientific knowledge and technology. The methodology should be described in sufficient detail to allow for peer review; - the proposed activity is subject to scientific 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 preclude payment for services rendered to support the experiment or the future financial impact of patented technologies; - proponents of the proposed activity undertake to publish the results in peer-reviewed scientific publications and include a plan in the proposal with a view to making the data and results publicly available within a stipulated and timely period; and - the proposed activity has the financial resources to complete the work program before the work commences.
9 Paragraphs 4 and 6 above also apply to marine scientific research.
CONSULTATION 10 Where the proposed placement activity being considered by a Contracting Party may have effects on areas of the sea where another State has the right to exercise jurisdiction, in accordance with international law, or on areas of the sea beyond the jurisdiction of States, the potentially affected countries and relevant regional intergovernmental agreements and arrangements should be identified and informed, and a plan should be developed for ongoing consultation on potential impacts, and for encouraging scientific cooperation.
11 Contracting Parties should encourage proponents of the listed activities to initiate early consultations with stakeholders 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 conducted during the assessment process and before a final decision on the permit is taken. 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 have effects on an area subject to a regional intergovernmental agreement or arrangement, the process shall include consultation with the relevant regional organization with a view to ensuring consistency with applicable regional objectives and requirements.
12 Contracting Parties should take into account advice on the proposals for activities listed in Annex 4 provided by independent international experts or an independent international advisory group of experts, particularly in cases where paragraph 10 applies. The advice could address the scientific, technical, social, or economic aspects of the proposal. It shall include, as appropriate, a peer review 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 advisory group of experts.
INFORMATION FOR THE ASSESSMENT 13 A common set of information is required for each of the elements of the framework assessment, namely:
- selection of the placement site; - assessment of the matters to be placed in the marine environment; - assessment of potential effects, including impact hypotheses; - risk management; and - monitoring, including the environmental baseline.
PLACEMENT SITE SELECTION 14 In order to address the selection of the placement site, Contracting Parties shall require the following information, as appropriate, to assess and justify the selection of the site(s):
- the physical, geological, chemical and biological conditions of the proposed site and the area of potential impacts, and the uncertainties of such conditions in relation to the proposed activity; - impacts on amenities, values and other uses of the sea at the proposed site and in the area of potential impacts; - any potential flux of components due to the activity relative to existing fluxes of substances in the marine environment; and - the economic and operational feasibility.
ASSESSMENT OF THE MATTERS TO BE PLACED IN THE MARINE ENVIRONMENT 15 In characterizing and assessing the matters proposed to be placed in the marine environment, including their components, the following shall be considered, as appropriate:
.1 origin, total quantity, form and average composition, and fate; .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 OF POTENTIAL EFFECTS 16 The assessment of potential effects shall lead to an "impact hypothesis," a concise statement of the expected consequences of the placement activity in the activity area and in the area of potential impacts, including transboundary effects. It will form 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 of potential effects should integrate information on the characteristics of the proposed placement activity, the conditions at the proposed site(s), any relevant flux, and any proposed construction technique. The assessment 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, amenities and other legitimate uses of the sea. The assessment shall define the nature, temporal and spatial scales and duration of the expected impacts, based on reasonably conservative assumptions.
18 The analysis of the proposed placement activity should be considered in light of the assessment of the following issues: risks to human health, environmental costs, hazards (including accidents), economic aspects and the exclusion of future uses. Cumulative impacts from repeated activities or from other activities may also be a relevant consideration. If the assessment reveals that adequate information is not available to determine the likely effects of the proposed placement activity, then this activity shall not be considered further.
19 Each assessment of potential effects shall conclude with a statement supporting the decision to approve, reject, or revise the proposed placement activity.
RISK MANAGEMENT 20 Risk management procedures are necessary to ensure that, as far as practicable, environmental risks are minimized, including through mitigation and contingency planning, benefits are maximized, and a precautionary approach is applied.
21 Strategies for managing or mitigating risks should be adequate for the risks at issue. 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 also needs to be considered in order to respond to monitoring where the impact hypothesis proves incorrect. This may include cessation of placement activities.
MONITORING 23 A well-designed monitoring regime is necessary which should take into account both short- and long-term effects 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 assumptions made during the permit review and site selection process were correct and sufficient to protect the marine environment and human health (field monitoring). It is essential that such monitoring programs have clearly defined objectives. The type, frequency, and scope of monitoring shall depend on the impact hypothesis and the expected local and regional consequences.
25 Monitoring is also used to determine the area of impact and whether the changes are as expected. The establishment of baseline conditions prior to the placement activity and the monitoring of control sites are essential for continuous monitoring and the detection of effects beyond those predicted.
THE PERMIT AND ITS CONDITIONS 26 A decision to issue a permit shall only be made if:
.1 the assessment has been satisfactorily completed and indicates that the proposed activity is included in the listing in Annex 4 and may be permitted under 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 complete the work program before it commences, including any permit conditions requiring, for example, mitigation, contingency planning, and monitoring; .3 all impact assessments have been satisfactorily completed; .4 monitoring and risk management requirements have been determined; .5 conditions are in place to ensure that, as far as practicable, environmental disturbance and detriment are minimized and benefits maximized; .6 consultation requirements in accordance with paragraphs 10, 11 and 12 are met; and .7 it is determined that, as far as practicable, pollution of the marine environment from the proposed activity is prevented or minimized and therefore it is not contrary to the aims of the Protocol.
27 In the event that adequate information is not available to carry out the checks in paragraph 26, the permitting authority shall request additional information before making a decision or shall not issue the permit.
28 The provisions of the permit shall ensure, as far as practicable, that risks to human health and the marine environment are avoided and that environmental disturbance and detriment are minimized and benefits maximized. Any permit issued shall include conditions specifying, inter alia, the following:
.1 the type and origin of the matters to be placed; .2 the location of the placement site(s); .3 the methods to be used to carry out the placement activity; .4 reporting, monitoring, and risk management requirements; and .5 removal and/or disposal/reuse/recycling of components, as appropriate, at the end of the placement activity.
29 Permits should be reviewed at regular intervals, taking into account the results of monitoring, the objectives of monitoring programs, and relevant research. The review of monitoring results will indicate whether field programs need to be continued, revised, or concluded and will contribute to informing decisions on the renewal, modification, or revocation of permits. Monitoring provides an important feedback mechanism for future permitting decisions with a view to the protection of human health and the marine environment.
NOTIFICATION 30 The results of the assessments and the documentation of any permit issued shall be made available to the Secretariat and placed in the public domain at or soon after the time the decision is made. The Secretariat should then inform the Contracting Parties accordingly.