Year Book 1990. Advisory Committee on Pollution of the Sea

184 Pages·1990·6.4 MB·English

by  Patricia Dent (Eds.)

MARINE POLLUTION
AC#PS
ADVISORY COMMITTEE ON POLLUTION OF THE SEA
Y E AR
BOOK
19 9 0
edited by
Patricia Dent
# # *
^987 ^P89 *99x
Published on behalf of ACOPS by
PERGAMON PRESS
Member of Maxwell Macmillan Pergamon Publishing Corporation
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Copyright © 1990 ACOPS
All Rights Reserved. No part of this publication may be
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First edition 1990
Library of Congress Cataloging-in-Publication Data
International Council for the Exploration of the Sea.
Advisory Committee on Pollution of the Sea.
Marine pollution: yearbook 1990/Advisory Committee on
Pollution of the Sea. — 1st ed.
p. cm.
"Published on behalf of ACOPS" — Colophon.
1. Marine pollution. I. Title. GC1085.I52 1990
363.73,94/09162—dc20 90-43161
British Library Cataloguing in Publication Data
ACOPS yearbook 1990
1. Marine pollution
I. Advisory Committee on Pollution of the Sea
363.7394 GC1085
ISBN 0 08 040809 5
Typesetting by Calne Valley Services and printed in Great
Britain by B.P.C.C. Wheatons Ltd, Exeter
Foreword
Although my present duties date from the beginning of 1990,1 became aware of ACOPS and its
contributions in the maritime field during my term as Chairman o fthe IMO Council.
The standing in which the ACOPS Yearbook is held has increased steadily over the years, princi-
pally deriving, I believe, from its value as an up-to-date and readily accessible summary of policy
and legal developments relating to the marine environment.
The Yearbook reinforces ACOPS' policy-forming role in the field of marine environment protec-
tion and I have no hesitation in commending it to the many entities, whether in the public or private
sector, engaged in this very important area of endeavour.
W.A. O'NEIL
Secretary-General
International Maritime Organisation
1
Message from The Rt Hon Lord Callaghan KG
President of ACOPS
As the 1990s begin to unfold we are already able to Whilst it is for governments, working in particular
see that mankind will be facing considerable through agencies, to take action, non-governmental organi-
challenges in all aspects of the environment; yet sations such as ACOPS are increasingly being recognised
with this the decade also brings hope for a brighter future as playing an important role. We all have to accept that
for our planet. To those of us who initiated the NGO higher environmental standards will involve higher costs of
environmental movement shortly after the last war, it is a even basic necessities than we are presently accustomed to.
matter of considerable satisfaction to see environmental NGOs should therefore encourage, through public aware-
issues become the top priority of action programmes in ness campaigns, the adoption of necessary environmental
intergovernmental agencies and governments alike. measures.
Let there be no doubt that this new approach amongst As a parliamentarian, I am naturally happy to see an in-
members of the international community was very much creased commitment to environmental protection expressed
overdue. In the past, response to environmental problems by the European Parliament and the US Senate and House
has almost always been remedial. This must cease to be the of Representatives. This culminated in the setting up of
case, as the only satisfactory long-term policy is to incor- Global Legislators for a Balanced Environment (GLOBE
porate * environment friendly' policies into economic see 3.24) which hopes soon to include members of the
planning strategies. However, along with my colleagues at Japanese Diet and the Soviet Parliament. I should like to
ACOPS I disagree with those who would halt economic de- record the pleasure with which we received a message and
velopment, as such a dogma would in particular seriously comment from Mr Carlos Pimenta, Portugal's former Envi-
affect countries in the Southern Hemisphere. ronment Minister, a distinguished Member of European
It is important to note that a healthy environment is an Parliament, of GLOBE and, also, of ACOPS.
economic, as well as social, necessity. I therefore welcome I cannot conclude without placing on record my grateful
the activities of bodies such as the Organisation for Econ- thanks to Dr Viktor Sebek for his creative leadership and
omic Cooperation and Development that attempt to also to his small but devoted staff for their efforts to which
calculate not only the cost of actions to control and reduce this Yearbook bears testimony, and without which ACOPS
pollution but also the hidden cost to a society that does not could not survive. We have also been extremely fortunate
take such action. The financial institutions also have a new in persuading Lord Clinton-Davis, a former European
role to play. Commissioner, to resume his connection with ACOPS and
Once again I have to record that in a number of areas, in- to become our Chairman.
ternationally agreed legislation has not been followed up by There is much work for ACOPS to do in the years ahead,
adequate domestic enforcement through legal measures, fis- and on behalf of everyone I wish it every success.
cal policies and provision of the necessary technical
infrastructure. In other cases bureaucratic indifference and
complete lack of political leadership have resulted in inac-
tion. It is essential that governments and intergovernmental
agencies should append their signatures to international wk
y
agreements and carry out their obligations. If this is not 'ΟΛ^Μ
done we shall be inundated with unenforcable legislation
which will give the false impression of having solved the
problems it addresses but will lead to public cynicism when Callaghan of Cardiff
it fails to do so. President of ACOPS
11
Message from Carlos Pimenta
Member of the European Parliament's Environment Committee
The world as we know it is facing global rupture. The Fourth, the lack of an internationally-binding legal
environment around us is reaching the limits of its framework and of an executive body able to regulate the
capacity to adapt to the pollution created by the problems and take decisive action is causing the exponen-
human race. Our climate is changing because of our tial growth of environmental damage. The forthcoming
over-use of fossil fuel and of ozone-damaging substances; 1992 United Nations Environmental Conference in Brazil is
we are destroying the diversity that nature created at a rate the place to set up new global laws and organisations.
of several thousand species per year through the destruction Failure to do this will be unforgivable.
of natural habitats such as the tropical forests and coastal Success depends on the seizing of as many opportunities
zones; we dirty the environment with household and toxic as possible to talk at international level. The ACOPS con-
waste and endanger health by transporting waste, especially ference on toxic waste, which took place in London in
toxic waste, to the cheapest country for disposal. October 1989, is a good example of seizing an opportunity
Without the conviction and support of the human inhabi- since the delegates not only addressed the problem of
tants of this planet, there could be no new approach to these waste; through discussion of international experts, the
environmental problems, and it is a new approach that we whole environmental question and the lack of global
need. answers became apparent.
First, economic thinking must be changed. We must no The establishment of a strong and permanent communi-
longer use our resources without taking into account envi- cation at a global level, in order to find global solutions to
ronmental damage, and all our industries should, as a environmental problems, would greatly help the work of
priority, aim to reduce the amount of waste produced to the the political institutions involved in deciding environmental
minimum. An extension of the 'polluter pays' principle is policy, provided that these institutions can overcome na-
needed as well as new government fiscal policies which tional prejudices and work together at global level.
will make companies focus and re-evaluate their thinking Political cooperation at global level was also the main
on environmental damage. Fiscal policy should no longer objective of the setting up GLOBE, Global Legislators Or-
be based only on revenue or sales volume. ganisation for a Balanced Environment. This informally
Second, thinking on energy use must change so that it is links some members of the European Parliament with those
based on a rationalisation of need. The northern more-de- members of the US Congress and Japanese Senate who are
veloped countries should bias their energy policies towards interested in global environmental change.
promoting energy conservation, rather than increasing The nineties will be decisive years as far as environmen-
power supply, as at present. At a global level, research into tal policy is concerned. We need global solutions for the
new and renewable sources of energy must continue and be global problems facing us and we must be bold enough to
expanded. A global pooling of knowledge on technology change the way we relate to our planet.
already developed should feature in each country's energy
policy. A change in lifestyle for most people is inevitable
but this does not necessarily mean that life will be uncom-
fortable.
Third, the link between North/South developments and Carlos Piment^.
environmental problems needs to be acknowledged. Debt Member of the European Parliament's
relief and trade must be linked with environmental policies. Environment Committee
in
Preface
Green must have already been termed the catchword of the nineties. Everyone is going
'green', and many successfully, due largely to the way in which the public has responded
to the message coming through the popular media. Organisations, both national and
international, governmental and non-governmental, are growing, and nowhere more so than in the
field of marine pollution. Keeping abreast of events, organisations and meetings is a full-time
occupation. Indeed, can the decision-makers and politicians of today keep up with the urgent need,
and the demand, that we clean up our act?
The object of this Yearbook is not necessarily to give a 'total' picture of events and organisations
involved in maritime environmental affairs; rather, the aim is to give a balanced review of what is
happening. And from the way the Yearbook has grown in size, a lot certainly is happening.
Many people have expressed concerns about the legacy of pollution that we are leaving to our
children: littered and oiled beaches, seas devoid offish and other marine life, blooms of poisonous
algae. So we asked the children from two primary schools — Shotley CP school, Suffolk, which
views across the Orwell Estuary the busy ports of Felixstowe and Harwich, and Shipbourne CP
School in the heart of Kent — to paint their picture of marine life and pollution. The results give an
insight into how the next generation is growing up in an environment in which pollution is an every-
day (but still undesirable) problem. You will already have glanced at some of these paintings on
the cover. Let us hope that tomorrow's decision-makers will not still be clearing up after us.
This edition of the Yearbook spans an 18-month period, from June 1988 to the beginning of
1990; future editions of the Yearbook will appear annually. It has been a mammoth task to put
together, one that would have not been possible without the cooperation and assistance of many in-
dividuals and organisations all over the world. To name them all here would be impossible, but I
would like to give special thanks to Dr David George at the Natural History Museum, London, for
letting us reproduce some of his outstanding underwater photos, and also Professor Eddie Brown
and colleagues at Cardiff Law School, UWIST, for updating the legal sections.
Patricia Dent
Editor
1
Introduction
I regard it as a great privilege to have been elected as ton summit in July of this year; the convening of the 1992
Chairman of ACOPS in January 1990 for the second United Nations Conference on the Environment, which just
time. My first appointment was in 1983 but I was about coincides with the 20th anniversary of the historic
compelled to relinquish the Chair in December 1984 on my Stockholm meeting which resulted, among other things, in
nomination as a member of the Commission of the the establishment of the United Nations Environment Pro-
European Communities. gramme.
Since 1983, ACOPS has become a truly international As a member of the Commission of the European Com-
non-governmental organisation. This is exemplified by the munities, from 1985 to 1989, and charged with the specific
fact that we now have a team of international Vice Presi-
responsibility for transport, environment, and nuclear
dents of the highest reputation, many of whom have held or
safety, I was able to witness first hand the transformation of
still hold high public office, throughout most of the ma-
environmental policies, not only in the European Com-
ritime regions of the world. Since the last Yearbook was
munity, but in global terms, and in this context there can be
published in 1988, our newly elected Vice Presidents in-
no doubt whatsoever that the European Community is
clude Professor Elisabeth Mann Borgese, who chairs
playing an increasingly important role. The great benefit,
Canada's International Council for Ocean Development
of course, of European Community legislation, over and
and is the President of the International Ocean Institute in
above most international conventions, is that they are en-
Malta; Mr. Chandrika Prasad Srivastava, who recently re-
forceable through the European Court of Justice. Although
linquished the position of Secretary General of the
too many Member States commit too many breaches of en-
International Maritime Organisation after years of distin-
vironmental law, the ultimate sanction of being brought
guished and devoted service; and Professor Gennady
before the European Court of Justice is remarkably effec-
Polikarpov, a member of the Ukrainian Academy of Scien-
tive.
ces. We are indeed delighted to have them on board.
One of the most critical elements in the development of
ACOPS is also proud to have added to its membership a
environmental policy is a more knowledgeable public opi-
host of prominent individual members, in particular, a num-
ber of Members of the European Parliament who have nion, aware of actions that may be taken to enforce better
displayed a keen and practical interest in environmental af- environmental behaviour at political and legal levels. To
fairs over a long period of time. this end, greater openness on the part of governments and
There can be no doubt that over the last few years there industry is essential. I am pleased therefore that ministers
has been a remarkable change in public perception of the have reached a common position in connection with the
significance of environmental issues. This is true not only draft directive on freedom of access to environmental infor-
in Europe, but throughout the world, including the develo- mation, although I fear that there are still too many
ping countries. Today, the environment is right at the top exceptions based on confidentiality, a much over-used con-
of the political agenda. Perhaps the most significant exam- cept to perpetuate unnecessary restrictions on transparency
ples of this are the chapter devoted to environment in the of information.
European Communities' Single European Act — the first Other very important initiatives have been taken by the
time that this has occurred since the enactment of the present Delors Commission. For example, the proposal to
Treaty of Rome; the continuing debates concerning envi- establish a European Environmental Agency; the draft di-
ronmental problems at the summits of world leaders, such rective on strict liability for environmental damage caused
as those in Paris in July 1989 and at the forthcoming Hous- by waste, and indeed, a whole host of legislative proposals
2
on which DGXI are currently working. This is greatly en- Of course, the work of ACOPS over the last two years
couraging, but the fact remains that even now DGXI has been extremely extensive, and by no means confined to
receives a relatively small proportion of the Commission's the issue of toxic waste. We have seized many oppor-
entire budget — and this is simply not good enough. tunities to participate in the work of the IMO and the UNEP
Transport and disposal of toxic waste has become one of and we shall continue so to do in the year ahead.
the key environmental issues, and has been singled out for Certainly our activities would not have been possible
the agenda of the 1992 UK Conference on the Environ- without financial assistance from intergovernmental agen-
ment. It is, of course, a multi-faceted problem, and, while it cies, governments, local authorities, voluntary bodies —
especially the Wildlife Fund for Nature UK — and indus-
is of considerable importance to the protection of the
try. As far as the production of the Yearbook is concerned,
marine environment, it is by no means confined to this. In
we would wish to express our special thanks to Mr Robert
this regard, ACOPS has played a highly significant role,
Maxwell who has generously underwritten the cost of this
having been involved in meetings leading to the adoption of
Yearbook.
the Basle Convention and then having arranged, in con-
I would also wish to congratulate the editor, Patricia
junction with a series of intergovernmental agencies (such
Dent, who has devoted such enormous efforts to continue
as the IMO and UNEP) and many governments, its own
the Yearbook as a work of considerable scholarship, and to
conference (6.2.1) in order to pave the way towards find-
all the contributors who have helped to make this possible.
ing solutions to issues that remained unresolved at Basle
ACOPS is proud of its Yearbook and proud of its work.
and indeed subsequently, and which can only be tackled by
As Chairman a special vote of thanks is due from me to my
the secretariat and the conference of parties, which cannot
predecessor, Lord Campbell of Croy, who has worked inde-
itself be set up until the convention enters into force.
fatigably for ACOPS for so long; also to Dr Viktor Sebek,
To stimulate governments into signing and ratifying the
our Executive Secretary, Mrs Jennie Holloway, our Legal
Convention has therefore become a major priority as far as
Advisor, my Vice-Chairman, Wardley Smith, and, of
ACOPS is concerned, and to achieve this objective, I and
course, to our President, Lord Callaghan, who has been
my Vice Presidential colleagues have availed ourselves of
such a constant source of guidance and support.
every possibility to engage in discussions with heads of in-
tergovernmental agencies, governmental officials, in our
respective countries and regions. We believe that it is in-
cumbent upon environmental NGOs to do whatever is
possible to promote progressive endeavours to protect the
environment which are undertaken by the international Lord Clinton-Davis
community. Chairman
3
Control of the Transboundary
Movements of Hazardous
Waste
by Javier Perez de Cuellar
Secretary General
United Nations
The Advisory Committee on Pollution of the Sea is to assist states in protecting and preserving the marine envi-
be commended for convening a Conference in ronment.
1989 to assist in the rapid implementation of the As you are aware, the protection and preservation of the
Basle Convention on the Control of Transboundary marine environment is one of the underlying principals of
Movements of Hazardous Wastes and their disposal. The the United Nations Convention on the Law of the Sea,
subject of that meeting was especially important as which establishes the global framework for the legal con-
transborder disposal of hazardous wastes is one of the trol of marine pollution and the conduct of maritime
major problems contributing to the environmental crisis activities. The Convention has laid down the basic obliga-
that threatens the future of our planet. tion of states to protect and preserve the marine
It is encouraging that the signatories to the Basle Con- environment and to "act so as not to transfer, directly or in-
vention have recognised the immediate need for the control directly, damage or hazards from one area to another."
of the transboundary movement and disposal of hazardous The problem of trade in hazardous wastes is not limited
wastes and have called for the development of technologies to any particular area of the world or any particular level of
that will help to prevent the generation of such wastes. national development. All countries, whether exporters or
Clearly, the Basle Convention represents an important step recipients of hazardous wastes, developed or developing,
towards the type of international cooperation required to North or South, have a vested interest in controlling it. By
address the problem of transboundary movements of haz- seeking to put an end to the unlawful dumping and move-
ardous waste. Other steps, I am sure will follow. ment of hazardous wastes and strictly control its movement,
I am pleased that the signatories to the Basle Convention the parties to the Basle Convention are helping to protect
have brought to the attention of the International Maritime the environment. By fostering international cooperation and
Organisation the need for a review of the existing rules promoting conceited action through competent interna-
under the 1972 London Dumping Convention, with a view tional organisations, they also contribute to improving
to recommending additional measures that may be needed relations among states and eliminating mistrust and suspi-
to control and prevent dumping of hazardous and other cion.
wastes at sea. They have also recognised the urgent need to
develop rules on liability and compensation for damage re-
sulting from the transboundary movements and disposal of
hazardous and other wastes. Furthermore, the relevant in-
ternational organisations have also been called upon to
review the existing rules, regulations and practices with re-
spect to the transport of hazardous wastes by sea, with a
Javier Perez de Cuellar
view to recommending any additional measures needed to
Secretary General, United Nations
*This text was a Message to ACOPS' International Conference on Pro-
tecting the Environment from Hazardous Substances, London 3-5 October
1989.
5
1. Outline of Events
1.1 PAST EVENTS
25 Exxon Valdez ran aground in Prince William
Sound, Alaska, spilling 250,000 barrels of
crude oil (see 2.1.4).
1988
APRIL
JUNE Wellington, New Zealand Convention on the 3-12 IMO, London 57th Session of Maritime
Regulation of Antarctic Mineral Activities was Safety Committee of IMO (see 3.2.4).
adopted (see 3.22). 17-28 International Conference on Salvage (see
3.2.6).
OCTOBER 28 International Convention on Salvage adopted.
3-7 IMO, London 11th Consultative Meeting of
LDC (see 3.11). MAY Nairobi 15th Session of UNEP Governing
24-28 IMO, London 56th Session of the Maritime Council (see 3.3.11).
Safety Committee (see 3.2.4). 12-1 Athens 19th Session of GESAMP (see 3.8).
31-2 8J une Port of Spain First CARICOM Ministerial
NOVEMBER Conference on the Environment (see 3.17).
21-15 IMO, London 61st Session of the IMO Coun-
cil (see 3.2.2). JUNE
5-9 IMO, London 62nd Session of IMO Council
DECEMBER (see 3.2.2).
31 Annex V of MARPOL 73/78 entered into 12 San Diego 41st Annual Meeting of Interna-
force (see 7.3.1). tional Whaling Commission (see 3.15).
JULY
14-16 Paris 15th Summit of the Seven (see 3.23).
1989
SEPTEMBER
MARCH 28-29 IMO, London 61st Session of Legal Commit-
13-17 IMO, London 27th Session of Marine Envi- tee of IMO (see 3.2.5).
ronment Protection Committee of IMO (see
3.2.3). OCTOBER
22-24 Basle UNEP Diplomatic Conference on 3-6 Athens Sixth Ordinary Meeting of Contract-
Transport and Disposal of Toxic Waste (see ing Parties to Barcelona Convention (see
3.3.12). 3.3.1).
22 Convention on the Control of Transboundary 17 IMO, London 28th Session of MEPC (see
Movements of Hazardous Wastes and their 3.2.3).
Disposal (Basle Convention) came into being 9-20 Paris, 15th Antarctic Treaty Consultative
(see 3.3.12). Meeting (see 3.22).
6 ACOPS Yearbook 1990