2 International legislation on artificial reef deployment

Artificial reef deployment is an activity covered by several international legal instruments, including those on the protection of the sea against pollution due to the dumping of unsuitable materials. A list of these instruments is provided below in chronological order.

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
The 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (known as the “London Convention”), which entered into force in 1975, is one of the first worldwide conventions to protect the marine environment from human activities. In 1996, the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the “London Convention Protocol”) was adopted to update the London Convention by incorporating the principles of international environmental law laid down at the 1992 United Nations Conference on Environment and Development. In Art. 4 of this Protocol it is stated that contracting parties “shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1”. These are:

• dredged material;
• sewage sludge;
• fish waste or material resulting from industrial processing operations; • vessels and platforms or other man?made structures at sea;
• inert, inorganic geological material;
• organic material of natural origin;
• 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 having no practicable access to disposal options other than dumping.
The London Convention Protocol entered into force in 2006. In 2008, specific guidelines for the placement of artificial reefs were developed within the context of the London Convention and Protocol (London Convention and Protocol/UNEP, 2009). The Guidelines were approved by contracting parties to the London Convention and London Convention Protocol with the aim to, among others, assist countries in assessing proposals for the placement of artificial reefs on the basis of scientifically sound criteria. They are not legally binding.
United Nations Convention on the Law of the Sea
The 1982 United Nations Convention on the Law of the Sea (known as the “UNCLOS”) is silent about artificial reefs. Although there are no specific provisions addressing artificial reefs in the UNCLOS, this convention stipulates the rights enjoyed by States over marine waters. This implies that, depending on the jurisdiction over given areas of the sea, States may deploy artificial reefs. This would be the case, in particular, of territorial waters where the coastal State enjoys sovereign rights.
Convention on the Protection of the Black Sea against Pollution
The 1992 Convention on the Protection of the Black Sea against Pollution (known as the “Bucharest Convention”) was ratified by the six Black Sea riparian States and entered into force in 1994. Its overall aim is to protect the marine environment of the Black Sea and preserve its living marine resources. The Bucharest Convention has the following four Protocols:
• The Protocol on the Protection of the Marine Black Sea Environment against Pollution from Land Based Sources (also known as the “LBS Protocol”) adopted in 1992 and in force since 1994, the revised Protocol on Protection of the Black Sea Marine Environment Against Pollution from Land Based Sources and Activities was adopted in 2009 and has not yet entered into force;
• The Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oil and other Harmful Substances in Emergency Situations (also known as the “Emergency Response Protocol”), adopted in 1992 and in force since 1994;
• The Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping (also known as the “Dumping Protocol”), adopted in 1992 and in force since 1994;
• The Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Sea Against Pollution (also known as the “CBD Protocol”), adopted in 2002 and not yet entered into force.
Article 8 of the Dumping Protocol also applies to artificial reefs.
Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
The 1995 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (known as the “Barcelona Convention”) replaced the 1975 United Nations Environment Programme Mediterranean Action Plan of the Barcelona Convention, a regional cooperative effort launched in 1975 involving the European Community and 21 countries bordering the Mediterranean Sea. The main objectives of the Barcelona Convention are:
• to assess and control marine pollution;
• to ensure sustainable management of natural marine and coastal resources; • to integrate the environment in social and economic development; • to protect the marine environment and coastal zones through prevention and reduction
of pollution, and as far as possible, elimination of pollution, whether land or sea?based; • to protect the natural and cultural heritage;
• to strengthen solidarity among Mediterranean coastal States;
• to contribute to the improvement of the quality of life.
The Barcelona Convention has been complemented by seven protocols which address specific aspects of Mediterranean environmental conservation. These protocols are known as:
• the Dumping Protocol (from ships and aircraft), adopted in Barcelona, Spain, on 16 February 1976, entered into force on 12 February 1978, revised in Barcelona on 9–10 June 1995;
• the Prevention and Emergency Protocol (pollution from ships and emergency situations), adopted in Barcelona, Spain, on 16 February 1976, entered into force on 12 February 1978;
• the Land?based Sources and Activities Protocol, adopted in Athens, Greece, on 17 May 1980, entered into force in June 1983, amended in Syracuse, Italy on 6– 7 March 1996;
• the Specially Protected Areas and Biological Diversity Protocol, adopted in Geneva, Switzerland, on 2 April 1982, entered into force in 1986, revised in Barcelona, Spain, on 9–10 June 1995;
• the Offshore Protocol (pollution from exploration and exploitation), adopted in Madrid, Spain, on 13–14 October 1994;
• the Hazardous Wastes Protocol, adopted in Izmir, Turkey, on 30 September– 1 October 1996;
• the Protocol on Integrated Coastal Zone Management (ICZM), adopted in Madrid, Spain, on 21 January 2008.
The following guidelines were also developed:
• Guidelines for the placement at sea of materials for purposes other than the mere disposal (construction of artificial reefs) (UNEP?MAP, 2005);
• Technical guidelines for the environmentally sound management of the full and partial dismantling of ships (Secretariat of the Basel Convention, 2003).
FAO Code of Conduct for Responsible Fisheries
The 1995 FAO Code of Conduct for Responsible Fisheries (known as the “Code of Conduct” or “CCRF”) is a voluntary instrument that aims at underpinning sustainable fishing practices. To this end, when addressing fishing operations, it also contains provisions on artificial reefs and fish aggregation devices. As such, it is of specific relevance as it links these tools to fisheries?related uses. In providing guidance to States, the Code of Conduct states the following:
8.11.1 States, where appropriate, should develop policies for increasing stock populations and enhancing fishing opportunities through the use of artificial structures, placed with due regard to the safety of navigation, on or above the seabed or at the surface. Research into the use of such structures, including the impacts on living marine resources and the environment, should be promoted.
8.11.2 States should ensure that, when selecting the materials to be used in the creation of artificial reefs as well as when selecting the geographical location of such artificial reefs, the provisions of relevant international conventions concerning the environment and safety of navigation are observed.
8.11.3 States should, within the framework of coastal area management plans, establish management systems for artificial reefs and fish aggregation devices. Such management systems should require approval for the construction and deployment of such reefs and devices and should take into account the interests of fishers, including artisanal and subsistence fishers.
8.11.4 States should ensure that the authorities responsible for maintaining cartographic records and charts for the purpose of navigation, as well as relevant environmental authorities, are informed prior to the placement or removal of artificial reefs or fish aggregation devices.”