No C 253/2 Official Journal of the European Communities 10.10.86 
II 
(Prepa ratory A cts) 
COMMISSION 
Proposal for a Council Decision concerning the conclusion, on behalf of the Community, of the 
Convention for the protection, management and development of the marine and coastal 
environment of the Eastern African region and the two Protocols annexed thereto 
COM(86) 344 final 
(Submitted by the Commission to the Council on 11 June 1986) 
(86/C 253/02) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas, with the Community participating, a 
conference of plenipotentiaries was held in Nairobi from 
17 to 21 June 1985 on the protection, management and 
development of the marine coastal environment of the 
Eastern African region; 
Whereas the conference adopted the following instru­
ments: 
— Convention for the protection, management and 
development of the marine and coastal environment 
of the Eastern African region, 
— Protocol concerning protected areas and wild fauna 
and flora in the Eastern African region, 
— Protocol concerning cooperation in combating 
marine pollution in cases of emergency in the Eastern 
African region; 
Whereas these instruments cover fields in which the 
Community has certain responsibilities because the 
relevant Community laws apply to the French 
department of Reunion, and whereas these 
responsibilities derive partly from Community rules on 
environmental protection adopted pursuant to Article 
235 of the Treaty and partly from the common fisheries 
policy; 
Whereas it is in the interests of the Community to 
conclude the above instruments; Whereas the three European Community action 
programmes on the environment adopted since 1973 (*) 
each stress the importance at both Community and inter­
national level of protecting seas and the marine 
environment and regard safeguarding them against 
pollution from various sources to meet economic and 
social needs and to maintain the vital ecological balances 
as a priority task; 
Whereas, moreover, the Council resolution of 7 
February 1983 on the continuation and implementation 
of a European Community action programme on the 
environment emphasizes integration of the environmental 
dimension into other policies, and in particular into the 
policy on cooperation with the developing countries, 
given the fact that environmental resources are not only 
the basis of development but also constitute the limits 
thereto; 
Whereas the Council reaffirmed this link between the 
environment and development in its resolution of 3 
October 1984 which declares that environmental 
protection must be considered as an integral part of the 
Community's development cooperation policy (2); 
Whereas the cooperation with the developing countries 
introduced by the third (1984) Lome Convention 
includes regional cooperation on the preservation and 
improvement of the environment, especially through 
programmes to combat marine pollution, erosion and 
coastal degradation (3); 
0) OJ No C 112, 20. 12. 1973, OJ No C 139, 13. 6. 1977 and 
OJ No C 46, 17. 2. 1983. 
(2) Resolution of the Council and of the representatives of the 
governments of the Member States of the European 
Communities, meeting within the Council of 3 October 
1984, on the link between the environment and development 
(OJ No C 272, 12. 10. 1984). 
(3) 1984 Lome Convention, Tide VII, Article 113. 
10. 10. 86 Official Journal of the European Communities No C 253/3 
Whereas, also, the common fisheries policy attaches 
importance to the protection of fishing grounds, the 
conservation of marine biological resources and the 
balanced exploitation of both on a durable basis, subject 
to appropriate economic and social conditions and 
regional and international cooperation in these matters; 
Whereas with some of the signatories of the Final Act of 
the Nairobi conference the Community has concluded 
fishing agreements designed to help explore, exploit, 
conserve and manage fish stocks rationally, and whereas 
the Community, under the Lome Convention and in 
cooperation with the States in the region, aims to 
develop fisheries whilst at the same time conserving fish 
stocks and keeping closer control over the environment; 
Whereas the Convention and the two Protocols have 
been open for signature in Nairobi since 21 June 1985 
and will remain open for signature until 20 June 1986, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The following agreements, adopted in Nairobi on 21 
June 1985, are hereby approved on behalf of the 
European Economic Community: — the Convention for the protection, management and 
development of the marine and coastal environment 
of the Eastern African region; 
— the Protocol concerning protected areas and wild 
fauna and flora in the abovementioned region; 
— the Protocol concerning cooperation in combating 
marine pollution in cases of emergency in the 
abovementioned region. 
The texts of the said agreements are annexed to this 
Decision. 
Article 2 
The Community shall be represented by the 
Commission, assisted by the Member States' represen­
tatives, in the institutions set up by the Convention and 
by the Protocols thereto. 
Article 3 
The President of the Council of the European 
Communities shall, as regards the European Economic 
Community, deposit the instruments referred to in 
Article 27 of the Convention with the Government of the 
Republic of Kenya. 
No C 253/4 Official Journal of the European Communities 10.10.86 
ANNEX 
FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES ON THE PROTECTION, 
MANAGEMENT AND DEVELOPMENT OF THE MARINE AND COASTAL ENVIRONMENT OF 
THE EASTERN AFRICAN REGION 
1. The conference of plenipotentiaries on the protection, management and development of the marine 
and coastal environment of the Eastern African region was convened by the executive director of the 
United Nations Environment Programme pursuant to decision 8/13 C adopted on 29 April 1980 by the 
Governing Council of the United Nations Environment Programme. 
2. The conference met at the headquarters of the United Nations Environment Programme from 17 to 
21 June 1985. 
3. The States and regional intergovernmental integration organizations invited to participate in the 
conference were: Comoros, France, Kenya, Madagascar, Mauritius, Mozambique, Seychelles, 
Somalia, United Republic of Tanzania, the European Economic Community, the Preferential Trade 
Area for Eastern and South African States, and the Southern African development coordination 
conference. 
4. The following States and regional intergovernmental integration organizations accepted the invitation 
and participated in the conference: France, Kenya, Madagascar, Mozambique, Seychelles, Somalia, 
United Republic of Tanzania, and die European Economic Community. 
5. Representatives of the following United Nations specialized agencies and non-governmental organi­
zation also attended the conference: 
Specialized agencies 
Food and Agriculture Organization of the United Nations 
World Bank 
International Maritime Organization 
Intergovernmental Oceanographic Commission 
Non-governmental organization 
International Union for Conservation of Nature and Natural Resources 
6. The conference was opened, on behalf of the executive director, by Mr Genady Golubev, assistant 
executive director of the United Nations Environment Programme. 
7. The conference revised the draft rules of procedure proposed by the secretariat (UNEP/IG.60/3) and 
adopted the revised rules. 
8. The conference elected Mr James Simani, head of the delegation of Kenya, as president of the 
conference. 
9. The conference also elected the following officers 
Vice-president: 
Vice-president: 
Rapporteur: 
Chairman of the Drafting Committee: 
10. The conference adopted its agenda as follows: 
i. Opening of the conference. 
2. Organization of the conference: 
(a) adoption of the rules of procedure; 
(b) election of the president; 
(c) election of two vice-presidents, a rapporteur and a chairman of the Drafting Committee; 
(d) adoption of the agenda; 
(e) appointment of the Credentials Committee; 
(f) appointment of the Drafting Committee; 
(g) organization of the work of the conference. Mr James Ferrari (Seychelles) 
Mr Manjit S. Iqbal (Somalia) 
Mr Barthelemi Vaohita (Madagascar) 
Mr Philippe Pouzoulet (France). 
10.10. 86 Official Journal of the European Communities No C 253/5 
3. Report of the executive director on preparatory activities leading to the adoption of an action plan 
for the protection, management and development of the marine and coastal environment of the 
Eastern African region. 
4. Review of the draft action plan for the protection and development of the marine and coastal 
environment of the Eastern African region. 
5. Review of the draft convention for the protection, management and development of the marine 
and coastal environment of the Eastern African region. 
6. Review of the draft protocol concerning protected areas and wild fauna and flora in the Eastern 
African region. 
7. Review of the draft protocol concerning cooperation in combating marine pollution in cases of 
emergency in the Eastern African region. 
8. Review of the institutional and financial arrangements required for the implementation of the 
action plan and the regional legal agreements. 
9. Consideration of the report of the Credentials Committee. 
10. Adoption of the action plan, convention, protocols and conference resolutions. 
11. Adoption of the Final Act of the conference. 
12. Signature of the Final Act. 
13. Closing of the conference. 
11. In conformity with the rules of procedure, the conference established the following committees: 
General Committee 
Chairman: President of the conference 
Members: Vice-presidents of the conference, rapporteur, chairman of the 
Drafting Committee; 
Committee I 
Chairman: Mr James Ferrari (Seychelles) 
Vice-chairman: Mr Barthelemi Vaohita (Madagascar) 
Rapporteur: Ms Mireille Jardin (France) 
Committee II 
Chairman: Mr Manjit S. Iqbal (Somalia) 
Vice-chairman: Mr Bernardo P. Ferraz (Mozambique) 
Rapporteur: Mr Philippe Pouzoulet (France) 
Credentials Committee 
Chairman: President of the conference 
Members: Vice-presidents of the conference, rapporteur, chairman of the 
Drafting Committee; 
Drafting Committee 
Chairman: Mr Philippe Pouzoulet (France) 
Members: Ms Roselyn Amadi (Kenya) 
Mr Bernardo P. Ferraz (Mozambique) 
Mr Joseph Athansius (Seychelles) 
Mr Manjit S. Iqbal (Somalia) 
12. The report of the workshop on the protection and development of the marine and coastal environment 
of the East African region (UNEP/WG.77/4), the report of the second meeting of experts on a draft 
convention and protocols for the Eastern African region (UNEP/WG. 117/5) and the document 
concerning options for institutional and financial arrangements required for the implementation of the 
action plan, convention and protocols for the Eastern African region (UNEP/IG.60/5) served as the 
basis for the deliberations of the conference. The reports contained, in particular, the texts of: 
Draft action plan for the protection and development of the marine and coastal environment 
of the East African region; 
Draft convention for the protection, management and development of the marine and coastal 
environment of the Eastern African region; 
Draft Protocol concerning protected areas and wild fauna and flora in the Eastern African 
region; 
No C 253/6 Official Journal of the European Communities 10.10.86 
Draft Protocol concerning cooperation in combating marine pollution in cases of emergency in 
the Eastern African region. 
13. In addition, the conference had before it a number of other documents that were made available to it 
by the secretariat. 
14. In conformity with rule 4 of the rules of procedure, the Credentials Committee examined the cre­
dentials of representatives and submitted its report to the conference. The conference approved the 
recommendations of its Credentials Committee that the credentials of the representatives of six parti­
cipating States should be recognized as being in order. 
15. As a result of its deliberations, the following action plan and legal agreements were adopted by the 
conference: 
Action plan for the protection, management and development of the marine and coastal 
environment of the Eastern African region; 
Convention for the protection, management and development of the marine and coastal 
environment of the Eastern African region; 
Protocol concerning protected areas and wild fauna and flora in the Eastern African region; 
Protocol concerning cooperation in combating marine pollution in cases of emergency in the 
Eastern African region. 
16. The Convention and Protocols, which are annexed to this Final Act, will be open for signature at 
Nairobi from 21 June 1985 to 20 June 1986 by States invited to participate in the conference and by 
any regional intergovernmental integration organization exercising competence in fields covered by the 
Convention and Protocols and having at least one member State which belongs to the Eastern African 
region, provided that such regional organization has been invited to participate in the conference. 
17. The conference also adopted four resolutions, the texts of which are appended to this Final Act. 
IN WITNESS WHEREOF the undersigned have affixed their signature to this Final Act. 
DONE AT NAIROBI this twenty-first day of June one thousand nine hundred and eighty-five in a single 
copy in the English and French languages, the two texts being equally authentic. The original texts of the 
Final Act shall be deposited with the Government of the Republic of Kenya. 
ACTION PLAN FOR THE PROTECTION, MANAGEMENT AND DEVELOPMENT OF THE 
MARINE AND COASTAL ENVIRONMENT OF THE EASTERN AFRICAN REGION 
Introduction 
1. The Eastern African region has been designated by the Governing Council of the United Nations 
Environment Programme (UNEP) (') as a region in which UNEP, in close collaboration with the 
relevant components of the United Nations system, should assist the governments in formulating and 
implementing a programme for proper management and conservation of the resources of the region. 
2. The following specific preparatory work contributed to the development of this action plan: 
(a) The joint UNEP/UN/UNIDO/FAO/UNESCO/WHO/IMCO/IUCN exploratory mission to the 
East African region (October to December 1981); 
(b) The workshop on the protection and development of the marine and coastal environment of the 
East African region (Mahe, 27 to 30 September 1982). 
3. For the purposes of this action plan, the Eastern African region is defined as including the waters of 
the Indian Ocean within the jurisdiction of the following States, Comoros, France, Kenya, Mada­
gascar, Mauritius, Mozambique, Seychelles, Somalia and the United Republic of Tanzania. The region 
also includes coastal areas, the specific geographical limits of which will be determined by the 
governments concerned on an ad hoc basis, taking into account the particular activity to be carried out. 
C) Decision 8/13 C, 29. 4. 1980.