Adoption: 13 November 1972
Entry into force: 30 August 1975

See also London Convention 1972

Introduction
The 1978 amendments - incineration
The 1978 amendments - disputes
The 1980 amendments - list of substances
The 1989 amendments - permits
The 1993 amendments - banning of dumping of low-level radioactive wastes; phasing out of dumping of industrial wastes; banning of incineration at sea of industrial wastes
1996 Protocol - revised convention, precautionary approach
1996 Protocol - permitted dumping
2006 amendments - CO2 sequestration

Introduction
The Inter-Governmental Conference on the Convention on the Dumping of Wastes at Sea, which met in London in November 1972 at the invitation of the United Kingdom, adopted this instrument, generally known as the London Convention.

When the Convention came into force on 30 August 1975, IMO was made responsible for the Secretariat duties related to it.

The Convention has a global character, and contributes to the international control and prevention of marine pollution. It prohibits the dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other identified materials and a prior general permit for other wastes or matter.

"Dumping" has been defined as the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures, as well as the deliberate disposal of these vessels or platforms themselves.

Wastes derived from the exploration and exploitation of sea-bed mineral resources are, however, excluded from the definition. The provision of the Convention shall also not apply when it is necessary to secure the safety of human life or of vessels in cases of force majeure.

Among other requirements, Contracting Parties undertake to designate an authority to deal with permits, keep records, and monitor the condition of the sea.

Other articles are designed to promote regional co-operation, particularly in the fields of monitoring and scientific research.

Annexes list wastes which cannot be dumped and others for which a special dumping permit is required. The criteria governing the issuing of these permits are laid down in a third Annex which deals with the nature of the waste material, the characteristics of the dumping site and method of disposal.

The 1978 amendments - incineration
Adoption: 12 October 1978
Entry into force: 11 March 1979

The amendments affect Annex I of the Convention and are concerned with the incineration of wastes and other matter at sea.

The 1978 amendments - disputes
Adoption: 12 October 1978
Entry into force: 60 days after being accepted by two thirds of Contracting Parties.
Status: see status of conventions

As these amendments affect the articles of the Convention they are not subject to the tacit acceptance procedure and will enter into force one year after being positively accepted by two thirds of Contracting Parties. They introduce new procedures for the settlement of disputes.

The 1980 amendments - list of substances
Adoption: 24 September 1980
Entry into force: 11 March 1981

These amendments are related to those concerned with incineration and list substances which require special care when being incinerated.

The 1989 amendments
Adoption: 3 November 1989
Entry into force: 19 May 1990

The amendments qualify the procedures to be followed when issuing permits under Annex III. Before this is done, consideration has to be given to whether there is sufficient scientific information available to assess the impact of dumping.

The 1993 amendments
Adoption: 12 November 1993
Entry into force: 20 February 1994

The amendments banned the dumping into sea of low-level radioactive wastes. In addition, the amendments:

· phased out the dumping of industrial wastes by 31 December 1995

· banned the incineration at sea of industrial wastes.

Although all three disposal methods were previously permitted under the Convention, attitudes towards the use of the sea as a site for disposal of wastes have changed over the years.

In 1983 the Contracting Parties to the LC adopted a resolution calling for a moratorium on the sea dumping of low-level radioactive wastes. Later resolutions called for the phasing-out of industrial waste dumping and an end to the incineration at sea of noxious liquid wastes.

1996 Protocol
Adoption: 7 November 1996
Entry into force: 24 March 2006

The Protocol is intended to replace the 1972 Convention.

It represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials.

One of the most important innovations is to introduce (in Article 3) what is known as the "precautionary approach". This requires that "appropriate preventative measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove a causal relation between inputs and their effects.

"The article also states that "the polluter should, in principle, bear the cost of pollution" and it emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another.

The 1972 Convention permits dumping to be carried out provided certain conditions are met. The severity of these conditions varies according to the danger to the environment presented by the materials themselves and there is a "black list" containing materials which may not be dumped at all.

The 1996 Protocol is much more restrictive.

Permitted dumping
Article 4 states that Contracting Parties "shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1."

These are:

1. Dredged material

2. Sewage sludge

3. Fish waste, or material resulting from industrial fish processing operations

4. Vessels and platforms or other man-made structures at sea

5. Inert, inorganic geological material

6. Organic material of natural origin

7. Bulky items primarily comprising iron, steel, concrete and similar unharmful materials for which the concern is physical impact and limited to those circumstances, where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping.

The only exceptions to this are contained in Article 8 which permits dumping to be carried out "in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels..."

Incineration of wastes at sea was permitted under the 1972 Convention, but was later prohibited under amendments adopted in 1993. It is specifically prohibited by Article 5 of the 1996 Protocol.

In recent years concern has been expressed at the practice of exporting wastes which cannot be dumped at sea under the 1972 Convention to non-Contracting Parties.

Article 6 of the Protocol states that "Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea."

Article 9 requires Contracting Parties to designate an appropriate authority or authorities to issue permits in accordance with the Protocol.

The Protocol recognizes the importance of implementation and Article 11 details compliance procedures under which, no later than two years after the entry into force of the Protocol, the Meeting of Contracting Parties "shall establish those procedures and mechanisms necessary to assess and promote compliance..."

A key provision is the so-called transitional period (Article 26) which allows new Contracting Parties to phase in compliance with the convention over a period of five years. This provision is supported by extended technical assistance provisions.

IMO is made responsible for Secretariat duties in relation to the Protocol (as it is by the 1972 Convention). Other Articles contain procedures for settling disputes (Article 16) and amendments. Amendments to the Articles shall enter into force "on the 60th day after two-thirds of Contracting Parties shall have deposited an instrument of acceptance of the amendment with the Organization" (meaning IMO).

The Protocol contains three annexes. Annex 1 is described above and the other two deal with assessment of wastes and arbitral procedures.

Amendments to the annexes are adopted through a tacit acceptance procedure under which they will enter into force not later than 100 days after being adopted.

The amendments will bind all Contracting Parties except those which have explicitly expressed their non-acceptance.

2006 Amendments to the 1996 Protocol
Adoption: 2 November 2006
Entry into force: 10 February 2007

Storage of carbon dioxide (CO2) under the seabed will be allowed from 10 February 2007, under amendments to an international convention governing the dumping of wastes at sea.

Contracting Parties to the London Protocol, at their first meeting held in London from 30 October to 3 November, adopted amendments to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention). The amendments regulate the sequestration of CO2 streams from CO2 capture processes in sub-seabed geological formations.

Parties also agreed that guidance on the means by which sub-seabed geological sequestration of carbon dioxide can be conducted should be developed as soon as possible. This will, when finalized, form an important part of the regulation of this activity. Arrangements have been made to ensure that this guidance will be considered for adoption at the 2nd Meeting of Contracting Parties in November 2007.

This means that a basis has been created in international environmental law to regulate carbon capture and storage (CCS) in sub-seabed geological formations, for permanent isolation, as part of a suite of measures to tackle the challenge of climate change and ocean acidification, including, first and foremost, the need to further develop low carbon forms of energy. In practice, this option would apply to large point sources of CO2 emissions, including power plants, steel and cement works.

The amendments, which will enter into force 100 days after adoption (i.e. on 10 February 2007), state that carbon dioxide streams may only be considered for dumping, if: disposal is into a sub-seabed geological formation; they consist overwhelmingly of carbon dioxide (they may contain incidental associated substances derived from the source material and the capture and sequestration processes used); and no wastes or other matter are added for the purpose of disposing of them.