Protocol betreffende verontreiniging afkomstig van bronnen en activiteiten op het land bij het Verdrag inzake de bescherming en ontwikkeling van het mariene milieu in het Caraïbisch gebied, met bijlagen

Article I Definitions For the purposes of this Protocol: a) "Convention" means the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, Colombia, March 1983); b) "Organisation" means the United Nations Environment Programme as referred to in Article 2(2) of the Convention; c) "Pollution of the Convention area" means the introduction by humans, directly or indirectly, of substances or energy into the Convention area, which results or is likely to result in such deleterious effects as harm to living resources and marine ecosystems, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities; d) "Land-based sources and activities" means those sources and activities causing pollution of the Convention area from coastal disposal or from discharges that emanate from rivers, estuaries, coastal establishments, outfall structures, or other sources on the territory of a Contracting Party, including atmospheric deposition originating from sources located on its territory; e) "Most Appropriate Technology" means the best of currently available techniques, practices, or methods of operation to prevent, reduce or control pollution of the Convention area that are appropriate to the social, economic, technological, institutional, financial, cultural and environmental conditions of a Contracting Party or Parties; and f) "Monitoring" means the periodic measurement of environmental quality indicators. 2000 110 02-10-2000

Article II General Provisions 1 Except as otherwise provided in this Protocol, the provisions of the Convention relating to its protocols shall apply to this Protocol. 2 In taking measures to implement this Protocol, the Contracting Parties shall fully respect the sovereignty, sovereign rights and jurisdiction of other States, in accordance with international law. 2000 110 02-10-2000

Article III General Obligations 1 Each Contracting Party shall, in accordance with its laws, the provisions of this Protocol, and international law, take appropriate measures to prevent, reduce and control pollution of the Convention area from land-based sources and activities, using for this purpose the best practicable means at its disposal and in accordance with its capabilities. 2 Each Contracting Party shall develop and implement appropriate plans, programmes and measures. In such plans, programmes and measures, each Contracting Party shall adopt effective means of preventing, reducing or controlling pollution of the Convention area from land-based sources and activities on its territory, including the use of most appropriate technology and management approaches such as integrated coastal area management. 3 Contracting Parties shall, as appropriate, and having due regard to their laws and their individual social, economic and environmental characteristics and the characteristics of a specific area or subregion, jointly develop subregional and regional plans, programmes and measures to prevent, reduce and control pollution of the Convention area from land-based sources and activities. 2000 110 02-10-2000

Article IV Annexes 1 inter alia: The Contracting Parties shall address the source categories, activities and associated pollutants of concern listed in Annex I to this Protocol through the progressive development and implementation of additional annexes for those source categories, activities, and associated pollutants of concern that are determined by the Contracting Parties as appropriate for regional or sub-regional action. Such annexes shall, as appropriate, include a) effluent and emission limitations and/or management practices based on the factors identified in Annex II to this Protocol; and b) timetables for achieving the limits, management practices and measures agreed by the Contracting Parties. 2 In accordance with the provisions of the annexes to which it is party, each Contracting Party shall take measures to prevent, reduce and control pollution of the Convention area from the source categories, activities and pollutants addressed in annexes other than Annexes I and II to this Protocol. 3 The Contracting Parties may also develop such additional annexes as they may deem appropriate, including an annex to address water quality criteria for selected priority pollutants identified in Annex I to this Protocol. 2000 110 02-10-2000

Article V Cooperation and Assistance 1 Contracting Parties shall cooperate, bilaterally or, where appropriate, on a sub-regional, regional or global basis or through competent organisations in the prevention, reduction and control of pollution of the Convention area from land-based sources and activities. 2 In carrying out the obligations provided for in paragraph 1 above, Contracting Parties shall promote cooperation in the following areas: a) monitoring activities undertaken in accordance with Article VI; b) research on the chemistry, fate, transport and effects of pollutants; c) exchange of scientific and technical information; d) identification and use of most appropriate technologies applicable to the specific source categories, activities and pollutants identified in Annex I to this Protocol; and e) research and development of technologies and practices for the implementation of this Protocol. 3 Contracting Parties shall promote co-operation, directly or through competent sub-regional, regional and global organisations, with those Contracting Parties which request it in obtaining assistance for the implementation of this Protocol particularly to: a) develop scientific, technical, educational and public awareness programmes to prevent, reduce and control pollution of the Convention area from land-based sources and activities in accordance with this Protocol; b) train scientific, technical and administrative personnel; c) provide technical advice, information and other assistance necessary to address the source categories, activities and pollutants identified in Annex I to this Protocol; and d) identify and approach potential sources of financing for projects necessary to implement this Protocol. 2000 110 02-10-2000

Article VI Monitoring and Assessment Programmes 1 Each Contracting Party shall formulate and implement monitoring programmes, as appropriate, in accordance with the provisions of this Protocol and relevant national legislation. Such programmes may, inter alia: a) systematically identify and assess patterns and trends in the environmental quality of the Convention area; and b) assess the effectiveness of measures taken to implement the Protocol. 2 Monitoring information shall be made available to the Scientific, Technical and Advisory Committee to facilitate the work of the Committee, as provided in Article XIV. 3 These programmes should avoid duplication of other programmes, particularly of similar regional programmes carried out by competent international organisations. 2000 110 02-10-2000

Article VII Environmental Impact Assessment 1 The Contracting Parties shall develop and adopt guidelines concerning environmental impact assessments, and review and update those guidelines as appropriate. 2 When a Contracting Party has reasonable grounds to believe that a planned land-based activity on its territory, or a planned modification to such an activity, which is subject to its regulatory control in accordance with its laws, is likely to cause substantial pollution of, or significant and harmful changes to, the Convention area, that Contracting Party shall, as far as practicable, review the potential effects of such activity on the Convention area, through means such as an environmental impact assessment. 3 Decisions by the competent government authorities with respect to land-based activities, referred to in paragraph 2 above, should take into account any such review. 4 Each Contracting Party shall, subject to its domestic law and regulations, seek the participation of affected persons in any review process conducted pursuant to paragraph 2 above, and, where practicable, publish or make available relevant information obtained in this review. 2000 110 02-10-2000

Article VIII Development of Information Systems The Contracting Parties shall cooperate directly or through relevant sub-regional, regional and, where appropriate, global organisations to develop information systems and networks for the exchange of information to facilitate the implementation of this Protocol. 2000 110 02-10-2000

Article IX Transboundary Pollution Where pollution from land-based sources and activities originating from any Contracting Party is likely to affect adversely the coastal or marine environment of one or more of the other Contracting Parties, the Contracting Parties concerned shall use their best efforts to consult at the request of any affected Contracting Party, with a view to resolving the issue. 2000 110 02-10-2000

Article X Participation Each Contracting Party shall, in accordance with its national laws and regulations, promote public access to relevant information and documentation concerning pollution of the Convention area from land-based sources and activities and the opportunity for public participation in decision-making processes concerning the implementation of this Protocol. 2000 110 02-10-2000

Article XI Education and Awareness The Contracting Parties shall develop and implement individually and collectively programmes on environmental education and awareness for the public related to the need to prevent, reduce and control pollution of the Convention area from land-based sources and activities, and shall promote the training of individuals involved in such prevention, reduction and control. 2000 110 02-10-2000

Article XII Reporting 1 The Contracting Parties shall submit reports to the Organisation containing information on measures adopted, results obtained and any difficulties experienced in the implementation of this Protocol. These reports should include, whenever possible, information on the state of the Convention area. The Meeting of the Contracting Parties shall determine the nature of the information to be included, and the collection, presentation and timing of these reports, which will be made available to the public with the exception of information submitted in accordance with paragraph 3 below. 2 The Scientific, Technical and Advisory Committee shall use the data and information contained in these national reports to prepare regional reports on the implementation of this Protocol, including the state of the Convention area. The regional reports shall be submitted to the Contracting Parties in accordance with Article XIV. 3 Information provided pursuant to paragraphs 1 and 2 above, that is designated by a Contracting Party as confidential, shall be used for the purposes referred to in paragraph 2 above in such a manner that assures its confidentiality. 4 Nothing in this Protocol shall require a Contracting Party to supply information the disclosure of which is contrary to the essential interests of its security. 2000 110 02-10-2000

Article XIII Institutional Mechanisms 1 Each Contracting Party shall designate a focal point to serve as liaison with the Organisation on the technical aspects of the implementation of this Protocol. 2 The Contracting Parties designate the Organisation to carry out the following Secretariat functions: a) convene and service the meetings of the Contracting Parties; b) assist in raising funds as provided for in Article XVI; c) provide such assistance that the Scientific, Technical and Advisory Committee may require to carry out its functions as referred to in Article XIV; d) provide the appropriate assistance as may be identified by the Contracting Parties to facilitate: (i) the development and implementation of the plans, programmes and measures necessary to achieve the objectives of this Protocol; (ii) the development of incentive programmes to implement this Protocol; (iii) the development of information systems and networks for the exchange of information for the purposes of facilitating the implementation of this Protocol, as referred to in Article VIII; and (iv) the development and implementation of environmental education, training and public awareness programmes, as referred to in Article XI; e) communicate and work with the Caribbean Environment Programme on activities relevant to the implementation of this Protocol; f) prepare common formats as directed by the Contracting Parties to be used as the basis for notifications and reports to the Organisation, as provided in Article XII; g) establish and update databases on national, sub-regional and regional measures adopted for the implementation of this Protocol, including any other pertinent information, in keeping with the provisions of Articles III and XII; h) compile and make available to the Contracting Parties reports and studies which may be required for the implementation of this Protocol or as requested by them; i) cooperate with relevant international organisations; j) provide to the Contracting Parties a report which shall include a draft budget for the coming year and an audited revenue and expenditure statement of the preceding year; and k) carry out any other functions assigned to it by the Contracting Parties. 2000 110 02-10-2000

Article XIV Scientific, Technical and Advisory Committee 1 A Scientific, Technical and Advisory Committee is hereby established. 2 Each Contracting Party shall designate as its representative to the Committee an expert in the fields covered by this Protocol, who may be accompanied at its meetings by other experts and advisors also designated by the Contracting Party. The Committee may request scientific and technical advice from competent experts and organisations. 3 The Committee shall be responsible for reporting to and advising the Contracting Parties regarding the implementation of this Protocol. To carry out this function the Committee shall: a) review on a regular basis the annexes to this Protocol as well as the state of pollution of the Convention area from land-based sources and activities and, where necessary, recommend amendments or additional annexes for consideration by the Contracting Parties; b) examine, assess and analyze the information submitted by the Contracting Parties in accordance with Articles VI and XII and other relevant information to determine the effectiveness of the measures adopted to implement this Protocol, and submit regional reports to the Contracting Parties on the state of the Convention area. The regional reports shall set forth an assessment of the effectiveness and the socio-economic impact of measures adopted to implement the Protocol, and may propose any other appropriate measures; c) provide advice to the Contracting Parties for the preparation and updating of information, including national inventories on marine pollution from land-based sources and activities; d) provide guidance to the Contracting Parties: (i) on measures and methodologies to assess pollution loads in the Convention area, and to ensure regional compatibility in data; and (ii) on the development of plans, programmes and measures for the implementation of this Protocol; e) advise on the formulation of common criteria, guidelines and standards for the prevention, reduction and control of pollution of the Convention area from land-based sources and activities; f) propose priority measures for scientific and technical research and management of pollution from land-based sources and activities as well as for control, management practices and monitoring programmes, bearing in mind regional trends and conditions and any information available; g) provide scientific and technical advice to the Meeting of the Contracting Parties regarding proposals for technical assistance; h) formulate programmes on environmental education and awareness related to this Protocol; i) develop a draft budget for the operation of the Scientific, Technical and Advisory Committee and submit it to the Contracting Parties for approval; and j) carry out any other function related to the implementation of this Protocol which is assigned to it by the Contracting Parties. 4 The Committee shall adopt Rules of Procedure. 2000 110 02-10-2000

Article XV Meetings of the Contracting Parties 1 The ordinary meetings of the Contracting Parties to this Protocol shall generally be held in conjunction with the ordinary meetings of the Contracting Parties to the Convention held pursuant to Article 16 of the Convention. The Contracting Parties may also hold extraordinary meetings as deemed necessary, upon the request of the Organisation or at the request of any Contracting Party, provided that such requests are supported by the majority of the Contracting Parties. The meetings shall be governed by the Rules of Procedure adopted pursuant to Article 20 of the Convention. 2 It shall be the function of the meetings of the Contracting Parties to this Protocol to: a) keep under review the implementation of this Protocol and the effectiveness of actions taken pursuant to it; b) consider proposed amendments to this Protocol, including additional annexes, with a view to their subsequent adoption in accordance with the procedures established in the Convention and this Protocol; c) approve the expenditure of funds identified in Article XVI that are not otherwise designated for a specific project by the donors; d) review and adopt, as appropriate, regional reports developed by the Scientific, Technical and Advisory Committee in accordance with Articles XII and XIV as well as other information that a Contracting Party may transmit to the Meeting of the Contracting Parties; e) take appropriate action with regard to the recommendations of the Scientific, Technical and Advisory Committee; f) promote and facilitate, directly or through the Organisation, the exchange of information, experience and expertise and any other type of exchange between the Contracting Parties in accordance with Article V; and g) conduct such other business as appropriate. 2000 110 02-10-2000

Article XVI Funding 1 In addition to the financial participation by the Contracting Parties in accordance with Article 20, paragraph 2 of the Convention, the Organisation may, in response to requests from Contracting Parties, seek additional funds or other forms of assistance for activities related to this Protocol. These funds may include voluntary contributions for the achievement of specific objectives of this Protocol made by the Contracting Parties, other governments and government agencies, international organisations, non-governmental organisations, the private sector and individuals. 2 The Contracting Parties, taking into account their capabilities, shall endeavour as far as possible to ensure that adequate financial resources are available for the formulation and implementation of projects and programmes necessary to implement this Protocol. To this end, the Contracting Parties shall: a) promote the mobilisation of substantial financial resources, including grants and concessional loans, from national, bilateral and multilateral funding sources and mechanisms, including multilateral financial institutions; and b) explore innovative methods and incentives for mobilising and channeling resources, including those of foundations, non-governmental organisations and other private sector entities. 3 In keeping with its development priorities, policies and strategies, each Contracting Party undertakes to mobilise financial resources to implement its plans, programmes and measures pursuant to this Protocol. 2000 110 02-10-2000

Article XVII Adoption and Entry into Force of New Annexes and Amendments to Annexes 1 Except as provided in paragraphs 2 and 3 below, the adoption and entry into force of new annexes and amendments to annexes to this Protocol shall take place in accordance with paragraphs 2 and 3 of Article 19 of the Convention. 2 The Contracting Parties may, at the time of adoption of any amendment to an annex, decide by a three-fourths majority vote of the Contracting Parties present and voting, that such amendment is of such importance that it shall enter into force in accordance with paragraphs 5 and 6 of Article 18 of the Convention. 3 With respect to any Contracting Party that has made a declaration with respect to new annexes in accordance with Article XVIII, such annex shall enter into force on the thirtieth day after the date of deposit with the Depositary of its instrument of ratification, acceptance, approval or accession with respect to such annexes. 2000 110 02-10-2000

Article XVIII Ratification, Acceptance, Approval and Accession 1 This Protocol, including Annexes I to IV, shall be subject to ratification, acceptance, approval or accession as provided by Articles 26 and 27 of the Convention. 2 In its instrument of ratification, acceptance, approval or accession, any State or regional economic integration organisation may declare that any new annex shall enter into force for it only upon the deposit of its instrument of ratification, acceptance, approval or accession thereto. 3 Following entry into force of this Protocol, any new Contracting Party to this Protocol may, at the time of acceding, declare that such accession does not apply to any annex, other than Annexes I to IV. 2000 110 02-10-2000

Article XIX Signature This Protocol shall be open for signature at Oranjestad, Aruba on 6 October 1999, and at Santa Fe de Bogotá, Republic of Colombia, from 7 October 1999 to 6 October 2000, by any Party to the Convention. 2000 110 02-10-2000