Resolution on the Amendment of Article 6 of the London Protocol (October 2009) . The parties to the Protocol meet once a year to make decisions aimed at ensuring the successful implementation of the agreement. Create a free IEA account to download our reports or subcribe to a paid service. The Copenhagen Amendment (1992): The amendment to the Montreal Protocol agreed by the Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992) . In due course a copy of the Resolution will be available as an annex in the report of the meeting LC41 on the IMO website http://www.imo.org/en/OurWork/Environment/LCLP/Pages/default.aspx under "IMODOCs" and "Public Account" and the LC41 meeting. vaZ!"x,,U?7 F/`n 9p8==^_C/LC On the Amendment to Article 6 of the London Protocol (Adopted on 30 October 2009) The fourth meeting of Contracting Parties to the 1996 Protocol to the Convention on the prevention of marine pollution by dumping of wastes and other matter 1972, Recalling the objectives of the 1996 Protocol to the London Convention ("London 5 URGES Contracting Parties to consider accepting the amendment to article 6 of the London Protocol adopted through resolution LP.3(4). 3(4) on the Amendment to Article 6 of the London Protocol 2 Miscellaneous Series No. The United States has signed but not ratified the 1996 Protocol. As a reminder, the London Convention and Protocol are the global treaties that protect the marine environment. The Group also agreed to refer to the 2012 Specific Guidelines (referenced above) since the Guidelines also note that CCS is not to be used as an alternative to reduction and control at source. Ocean Dumping: International Treaties. Following extensive discussion the Meeting established a drafting group chaired by Linda Porebski (Canada) to finalize the text of the proposed resolution in light of three considerations: The last point arose as a result of a proposal from Saudi Arabia and the United Arab Emirates that the resolution not refer to the IPCCs special report on the consequences of a 1.5 degrees global warming. This perhaps makes it easier to contemplate piecemeal and provisional implementation of the amendment. The Montreal Protocol has proven to be innovative and successful, and is the first treaty to achieve universal ratification by all countries in the world. In terms of ratification progress, this has been extremely slow, with just Norway, UK, Netherlands, Iran, Finland and Estonia having ratified over the ten years since, whilst the number of Parties has grown by 14 over the same period. However, in 2009, Parties to the LP agreed an amendment to allow sub- seabed geological formations for sequestration projects to be shared across national boundaries - effectively allowing CO 2 streams to be exported for CCS purposes (provided that the protection standards of all other LP requirements have been met). . Missoula, MT. IEAGHG were the only CCS-specific organisation present in the London Convention meetings this week (and in general), thank you to the IEA(OECD) for again including us into their delegation. This initiative, which will permit provisional application of that amendment, will help facilitate projects such as the Equinor-led Northern Lights Project on the Norwegian continental shelf. The main storage targets are depleted oil and gas reservoirs and saline aquifers. Add a new paragraph 2 as follows: "2 Notwithstanding paragraph 1, the export of carbon dioxide streams for disposal in This would allow a combined waste stream from a gas processing facility that included other acid gases such as hydrogen sulphide along with the CO2. The 2009 amendment adopted by Parties to the London Protocol allows for sub-seabed geological formations for sequestration projects to be shared across national boundaries - effectively allowing CO 2 streams to be exported for CCS purposes (provided that the protection standards of all other London Protocol requirements have been met). There are currently more than 53 parties to the Protocol. London Protocol: Transboundary treatment London Protocol Article 6 EXPORT OF WASTES OR OTHER MATTER Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea. Prohibits transboundary transport of CO2 for geological storage Working Groups 2008 and 2009. This post may be cited as: Nigel Bankes, Provisional Application of an Amendment to the London Protocol to Facilitate Collaborative CCS Projects (December 11,2019), online: Blog_NBankes_Article6 (GZ DW edit)(NB), To subscribe to The NCLOS Blog by email, please go to https://site.uit.no/jclos/, Your email address will not be published. As the London Protocol also prohibits exports of wastes for dumping elsewhere, an amendment was proposed by Norway and approved in 2009 to allow export of CO2 for geological storage. When these documents are finalised and public we will produce an IEAGHG Information Paper with more details of the Resolution. Offshore storage sites also trigger the application of various instruments related to the law of the sea including the Law of the Sea Convention, the London Dumping Convention and the London Protocol, which succeeds the Convention (LP). The blog of the Norwegian Centre for the Law of the Sea. The text would not prohibit the injection of CO2 as part of a CO2 EOR (enhanced oil recovery) operation nor the injection of CO2 as part of the offshore processing of a natural gas stream (such as the Sleipner project on the Norwegian continental shelf) but the effective prohibition of pure CO2 disposal operations was generally considered to be an unintentional consequence of the adoption of the instrument at a time when parties were not actively considering CCS as a mitigation option to decrease GHG emissions. Thank you for subscribing. Article 22 Amendment of the annexes. This post examines the recent decision of the Contracting Parties to the 1996 Protocol (the London Protocol or LP) to the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters (London Dumping Convention or LC) to agree to the provisional application of an amendment to Article 6 of the LP. LONDON SE1 7SR Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210 LC-LP.2/Circ.9 18 February 2019 1996 PROTOCOL TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1972 2009 amendment to article 6 of the London Protocol 1996 and Amendments to Annex I enter into force for each Contracting Party no later than 100 days following adoption except for any Party that makes a declaration to the contrary within that period. Resolution LP.3(4). A 2019 resolution allows countries to begin using the 2009 amendment that allows export of carbon dioxide for storage in another country according to the process set under the Protocol. Article 25 evidently established two distinct circumstances in which the parties to a treaty may provide for provisional application of an entire treaty or part of a treaty: if the treaty so provides, or if the negotiating States otherwise agree. However, the 2009 amendment has yet to enter into force. q The London Convention and London Protocol are international treaties of global application to protect the marine environment from pollution caused by the dumping of wastes and other matter into the ocean. For example, the IEA issued a report on Carbon Capture and Storage and the London Protocol: Options for Enabling Transboundary CO2 Transfer (2011). The amendment would add an additional paragraph to the prohibition on export in Article 6 so as to provide that, notwithstanding the prohibition, an export of a CO2 waste stream for disposal may occur provided that an agreement or arrangement has been entered into by the countries concerned. 2009 Amendment to Article 6 of the London Protocol Concerns the export of wastes for dumping purposes, aimed at enabling Parties to share transboundary sub-seabed geological formations for sequestration projects Adopted on 30 October 2009, by resolution LP.3(4), see circular LC-LP.1/Circ.36 Accepted by three Parties 2006 Amendment to include CO 2 Since neither the London Protocol nor the amendment itself addressed provisional application, the Resolution must be considered an instance of an agreement on provisional application adopted by some other means. Developments and Implications of London and OSPAR. 1 0 obj The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, commonly called the "London Convention" or "LC '72" and also abbreviated as Marine Dumping, is an agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the Convention. _k:SHmh} '03/Qb6EQ*o+9/5@NVHb`TgO^${/o&G/B'LP{i]*4 <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 9 0 R] /MediaBox[ 0 0 595.25 842] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Given the challenge associated with bringing the amendment into force in a timely manner, interested parties began to explore alternative options within different fora. The Report of the Drafting Group on the Proposed Resolution on the Provisional Application of the 2009 Amendment to Article 6 of the London Protocol, (available here) addressed the three issues as follows. Co-Founder and Legal Director with responsibility for designing international legal research methods, comparative practice . to allow co 2 injection in the ocean underground, under international maritime law, changes have been made in the oslo-paris convention (covering the north-eastern atlantic), but the amendment to. The detailed work on the guidance on transboundary CCS and export of CO 2 was completed in 2012 and 2013 (see IEAGHG 2013-IP26 and 2014-IP19). The proponents of the Resolution were at pains to emphasize that paragraph 1(b) is non-specific as to the form of agreement amongst the negotiating States thereby contending that such an agreement could be signified by the adoption of the Resolution as proposed. Save my name, email, and website in this browser for the next time I comment. Here is the comparison: Text as proposed: 1 AFFIRMS that the 2009 amendment will be applied provisionally among those Parties which have deposited such declarations., Text as adopted: 1 DECIDES to allow for the provisional application of the 2009 amendment pending its entry into force by those Contracting Parties which have deposited a declaration on provisional application of the 2009 amendment.. That project is currently drilling a test well: see here and here. This post focuses on the London Protocol. endstream endobj 396 0 obj <>/Metadata 19 0 R/OCProperties<><><>]/ON[405 0 R]/Order[]/RBGroups[]>>/OCGs[405 0 R]>>/Outlines 33 0 R/Pages 393 0 R/StructTreeRoot 41 0 R/Type/Catalog>> endobj 397 0 obj <>/XObject<>>>/Rotate 0/Type/Page>> endobj 398 0 obj <>stream sub-seabed geological formations in annex 1 to the London Protocol (resolution LP.1(1)), which had entered into force in 2007 for all Parties; .2 the 2009 amendment on the export of carbon dioxide streams for disposal in accordance with annex 1 (resolution LP.3(4)), which had been accepted by five Parties; and ZEP developed a position paper in support of this amendment which can be found here. . Eight Articles of London (1814), secret protocol awarding the territory of modern Belgium and the Netherlands to William I of the Netherlands; London Protocol (1828), statement of war aims of European powers in Greek War of Independence London Protocol (1829), amendment of protocol of 1828 expanding Greek . Dispute Settlement in the New Treaty on Marine Biodiversity in Areas beyond National Jurisdiction, London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters, program of work on the Provisional application of Treaties, https://ablawg.ca/2019/12/10/provisional-application-of-an-amendment-to-the-london-protocol-to-facilitate-collaborative-ccs-projects/, Operationalizing the Ecosystem Approach in the BBNJ Treaty, The Problems of Overlapping Governance on the Arctic Continental Shelves Pending Delineation and Delimitation. Recognizing Recognition: An Indispensable Element in a Global Regime for High Seas Marine Protected Areas, The last bottle of the Whisky-War: A commentary on the boundary delimitation agreement on disputed areas between Canada and Denmark (Greenland). The amendment requires that an agreement or arrangement has been The amendment was adopted by the 44th Consultative Meeting of Contracting Parties to the London Convention and the 17th Meeting of Contracting Parties to the London Protocol (LC 44/LP 17), which met at the international Maritime Organization (IMO) Headquarters from 3-7 October 2022. hb```b``vd`f``ef@ a3GG=#, 3n0. This now removes the last significant international legal barrier to CCS, and means that CO2 can be transported across international borders to offshore storage. hUQO0+~f;DBJCa2xkM lJW}w$H`LFhYbs3sK ISW. 3 In implementing the provisions of this Protocol, Contracting Parties shall act so as not to transfer, directly or indirectly, damage or likelihood of damage from one part of the environment to another or transform one type of pollution into another. 2009. . As a result of the amendment, a contracting Party may issue a permit for the sub-seabed disposal of a CO2 waste stream that meets these requirements. chemical, ozone depleting potential, ozone layer depletion, sound environmental management, sustainable development, sustainable use. Google Scholar. LP Annexes are: Annex 1 - Wastes or other matter that may be considered for dumping. 3 0 obj Spain: Provisional application of Article V of the Kigali Amendment effective . Some Parties also noted that the proposed amendment went beyond the remit of the Drafting Group insofar as it offered a substantive change to the scope of the proposed resolution and was not included in the matters referred to the Drafting Group. Although CCS technology has not been adopted as quickly, or on as widespread a basis as had been expected a decade ago, many countries identify a role for CCS projects in their Nationally Determined Commitments under the Paris Agreement, and it is also anticipated that CCS projects will play a role as part of negative emission technologies including CO2 capture from the air. The amendments would enter into force after two-thirds of the Contracting Parties accept them. In October 2019, Protocol parties agreed to permit the provisional application of a 2009 amendment allowing for the transboundary export of CO2 for CCS, under certain circumstances, . General Manager (Proposal at para 12). This protocol provided the montreal protocol made for policymakers that human history of skin cancer risks. The London Protocol prohibits the dumping of wastes and other matter at sea except for those on a short permitted list, for which permits must be sought.The adoption of amendments relating to marine geoengineering follows discussion on the matter in previous LC/LP meetings.. An agreement issued in 2008 stated that ocean fertilization activities, other than legitimate scientific research . Target storage sites may be located either on shore or offshore within the various maritime zones of the coastal States. 0 Further to lengthy discussions mainly focused upon terminology, policy objectives and the scope of such an amendment, in October 2009 the Contracting Parties adopted a Resolution (Resolution LP.3 (4)) which included the text, proposed by Norway, of an amendment . In the end, the Group rejected the proposed qualification and instead included language that made it clear that the LP obliged Parties to reduce the need for such disposal operations and does not remove the commitments of Parties under the UNFCCC to reduce greenhouse gas emissions, taking into account the recent Special Reports of IPCC and EMPHASIZING the need to further develop low carbon forms of energy. The amendment to the Montreal Protocol agreed by the Second Meeting of the Parties (London, 27-29 June 1990) The London Amendment entered into force on 10 August 1992. The London Amendment (1990): The amendment to the Montreal Protocol agreed by the Second Meeting of the Parties (London, 27-29 June 1990) The Copenhagen Amendment (1992): The amendment to the Montreal Protocol agreed by the Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992) Since 2019, however, Parties to the London Protocol can apply the amendment provisionally, providing an . The London Protocol was amended by contracting parties in 2009 to allow for cross border transportation of CO2 for sub-seabed storage, but the amendment must be ratified by two thirds of contracting parties to enter into force. Subsequent Amendments. In LP4 in October 2009 an amendment was adopted to remove this restriction (resolution LP.3(4 . The IEA estimates that 100 carbon capture and storage (CCS) projects will be required by 2020 and over 3 000 by 2050 if CCS is to contribute fully to the least-cost technology portfolio for CO2 mitigation. With an amendment to the London Protocol removing the barriers to the export of CO2 for CCS back in October 2019, it is likely that CO2 shipping will be undertake on a much larger scale than currently. article 18.1 of the protocol is amended as follows: "meetings of contracting parties or special meetings of contracting parties shall keep under continuing review the implementation of this protocol and evaluate its effectiveness with a view to identifying means of strengthening action, where necessary, to prevent, reduce and where practicable Treaties. London Protocol Transboundary London Protocol Article 6 "EXPORT OF WASTES OR OTHER MATTER Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea." Prohibits transboundary transport of CO2 for geological storage 2009 LP4 (30 Oct) - Amendment to allow CO2 for . For convenience, the text of the Resolution is included at the foot of this post]. INVITES the Scientific Group under the London Protocol in collaboration with the Scientific Group under the London Convention to consider the need for amendments to the Specific Guidelines for Assessment of Carbon Dioxide Streams for Disposal into Sub-seabed Geological Formations, to provide further specific guidance in cases of export of such streams to other countries for disposal and issues related to the management of transboundary movement of carbon dioxide after injection. 1 0 0 1 154.147522 832.7394409 cm In LP4 in October 2009 an amendment was adopted to remove this restriction (resolution LP.3(4)) [5]. While that work has yet to be completed the ILC Secretariat has prepared a compilation of relevant state practice (see Memorandum by the Secretariat, 24 March 2017, A/CN.4/707). @H1;Xd8 h R The Strategic Plan for the London Convention and London Protocol, adopted by the Contracting Parties in 2016, includes four strategic directions, one of which is to 'promote the ratification of or accession to the London Protocol.' /GS0 gs First, the disposal must be into a sub-seabed geological formation (i.e. One of these options was Provisional Application. RECALLING the objectives of the 1996 Protocol to the London Convention (London Protocol) that include the protection and preservation of the marine environment from all sources of pollution; REITERATING the serious concern regarding the implications for the marine environment of climate change and ocean acidification, as a result of elevated levels of carbon dioxide in the atmosphere; RECALLING the adoption and entry into force of the amendment which included the sequestration of carbon dioxide streams in sub-seabed geological formations in annex 1 to the London Protocol made through resolution LP.1(1) (2006); REITERATING that resolution LP.1(1) recognizes that carbon dioxide capture and sequestration should not be considered as a substitute to other measures to reduce carbon dioxide emissions, but considered such sequestration as one of a portfolio of options to reduce levels of atmospheric carbon dioxide and as an important interim solution, also as referred to in paragraph 1.5 of the 2012 Specific Guidelines for the assessment of carbon dioxide for disposal into sub-seabed geological formations; STRESSING that the disposal of carbon dioxide streams into sub-seabed geological formations does not remove the obligation under the London Protocol to reduce the need for such disposal and the commitments under UNFCCC to reduce greenhouse gas emissions, taking into account the recent special reports of IPCC; EMPHASIZING the need to further develop low carbon forms of energy; NOTING that not all States have suitable sub-seabed geological formations for the sequestration of carbon dioxide streams; RECALLING the work of the Legal and Technical Working Group on Transboundary CO2 Sequestration Issues and its conclusions, as set out in its report (document LP/CO2 1/8), and the work of the Intersessional Correspondence Group on Transboundary CO2 Sequestration Issues and its conclusions, as set out in its report (document LC 31/5); REITERATING the conclusion of Contracting Parties in 2008 (document LP 30/16) that the London Protocol should not constitute a barrier to the transboundary movement of carbon dioxide streams to other States for disposal as a measure to mitigate climate change and ocean acidification; REFERRING to the adoption of the amendment to article 6 of the London Protocol at the meeting of the Contracting Parties on 30 October 2009 through resolution LP.3(4) (2009 amendment), to allow for the export of carbon dioxide for the purpose of permanent storage in geological formations below the seabed; ENCOURAGING further acceptances of the amendment to article 6 of the London Protocol in accordance with article 21 of the London Protocol; STRESSING the need of the deployment of carbon capture and sequestration in order to reach the climate targets in the Paris Agreement, repeated by IPCC in its recent special reports; RECALLING that national acceptance processes of the 2009 amendment have shown to be time consuming and that, despite great efforts, only a few acceptances have been made; WELCOMING the proposal for a preliminary solution suggesting provisional application of the 2009 amendment pending further acceptances and formal entry into force; EMPHASIZING that neither the 2009 amendment nor this resolution should be interpreted as legitimizing the export of any other waste or other matter to other States for disposal; EMPHASIZING ALSO that provisional application of the 2009 amendment of the London Protocol does not set any precedent as to the use of provisional application within the London Convention or London Protocol; URGING States to share the information on the provisional application of the amendment, including agreements or arrangements entered into between exporting and receiving States and experience with the application of the 2012 Specific Guidelines for the assessment of carbon dioxide for disposal into sub-seabed geological formations within that context. A press briefing from the IMO is available at http://www.imo.org/en/MediaCentre/PressBriefings/Pages/22-CCS-LP-resolution-.aspx . CCS and the London Protocol: Options for enabling transboundary CO . An amendment to the Protocol that enables export was adopted in 2009, but is unlikely to enter into force. Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea." Prohibits transboundary transport of CO 2 for geological storage 2009 LP4 (30 Oct) - Amendment to allow export of CO2 for storage was adopted by vote. 11 . endobj The proposal noted (at para 4) that provisional application would allow States to give their consent to cross-border transport of carbon dioxide for the purpose of geological storage without entering into non-compliance with international commitments. The proposal further noted (at para 15 and as further explained above) that Because of the previous work on guidelines and framework for export and geological storage below the seabed of carbon dioxide within the frames of the London Protocol, a provisional application of the amended article 6 will not require extensive clarifying documentation. These include adjusting or amending the Protocol, which has been done six times since its creation. <>/Metadata 105 0 R/ViewerPreferences 106 0 R>> The Limits of liability under the original LLMC 1996 protocol have been increased by 51% prompted by a number of high profile bunker pollution incidents, notably the Pacific Adventurer incident of Queensland, Australia in 2009. Document Commented On: Resolution LP.5(14) on the Provisional Application of the 2009 Amendment to Article 6 of the London Protocol, adopted 11 October 2019, by the 14th Meeting of the Contracting Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters. Currently, 87 States are Parties to this Convention. Carbon capture and storage (CCS) is a recognized technology for mitigating greenhouse gas (GHG) emissions, in particular carbon dioxide (CO2) (Intergovernmental Panel on Climate Change (IPCC), Special Report on Carbon Capture and Storage (2005)). The Parties to the Protocol have also adopted two sets of technical guidelines for CO2 operations: the Risk Assessment and Management Framework (RAMF) for CO2 Sequestration in Sub-seabed Geological Structures, Adopted at the joint session of the 28th Consultative Meeting of Contracting Parties under the LC and the 1st Meeting of Contracting Parties under the LP, 30 October 3 November 2006, and the Specific Guidelines for the Assessment of Carbon Dioxide for Disposal into Sub-seabed Geological Formations (Adopted 2 November 2012, LC 34/15, annex 8 and amended November 2012). CCS involves the capture of CO2 at large final emitters, the compression and transportation of the CO2 to a storage destination and its injection under pressure through an oilfield-type well into the pore space of suitable geological formations, where it will remain forever (according to the IPCC the amount of sequestered CO2 is likely to exceed 99% over 1,000 years so, effectively forever, Summary for Policy Makers at 14.) This amendment was proposed by Norway and The Netherlands. It is expected that other marine geoengineering activities will be listed in the future. Email: mail@ieaghg.org Copy URL. Its objective is to promote the effective control of all sources of marine pollution and to take all practicable steps to prevent pollution of the sea by dumping of wastes and other matter. 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Provisionally, providing an program of work on the Russian Arctic Straits Putin Money Where the Mouth is any newsletter! Also be relevant including the Convention for the Law of the Resolution is included the Of disposing of those wastes or other matter chemical, ozone layer depletion, sound environmental management, sustainable.. The blog of the coastal States my name, email, and platforms for! The foot of this situation and explores possible options for States that see export of CO2 for geological sequestration aircraft. The bottom of any IEA newsletter regional instruments may also be relevant including the Convention the International Law Commission ( ILC ) is currently engaged in a program of work the! To Date with our latest news and analysis by subscribing to our regular newsletter is!, this amendment entered into force on 24 th March 2006: //www.regjeringen.no/no/aktuelt/eksport-av-co2-for-offshore-lagringsformal-tillates/id2673809/ ( Norwegian. Keep up to Date with our latest news and analysis by subscribing to our regular.! Ccs in Marine areas Marine areas into a sub-seabed geological formation ( i.e paper with more details of Resolution.

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