CELEX: 51986PC0344
Language: en
Date: 1986-06-10
Title: 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

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,                           Whereas the three European Community action
                                                                    programmes on the environment adopted since 1973 (*)
Having regard to the Treaty establishing the European               each stress the importance at both Community and inter-
Economic Community, and in particular Articles 43 and               national level of protecting seas and the marine
235 thereof,                                                        environment and regard safeguarding them against
                                                                    pollution from various sources to meet economic and
                                                                    social needs and to maintain the vital ecological balances
Having regard to the proposal from the Commission,                  as a priority task;
Having regard to the opinion of the European Par-
liament,                                                           Whereas, moreover, the Council resolution of 7
                                                                    February 1983 on the continuation and implementation
Whereas, with the Community participating, a                        of a European Community action programme on the
                                                                    environment emphasizes integration of the environmental
conference of plenipotentiaries was held in Nairobi from
                                                                    dimension into other policies, and in particular into the
17 to 21 June 1985 on the protection, management and
                                                                   policy on cooperation with the developing countries,
development of the marine coastal environment of the
                                                                    given the fact that environmental resources are not only
Eastern African region;
                                                                   the basis of development but also constitute the limits
                                                                    thereto;
Whereas the conference adopted the following instru-
ments:
                                                                   Whereas the Council reaffirmed this link between the
— Convention for the protection, management and                     environment and development in its resolution of 3
    development of the marine and coastal environment               October 1984 which declares that environmental
    of the Eastern African region,                                  protection must be considered as an integral part of the
                                                                    Community's development cooperation policy ( 2 );
— Protocol concerning protected areas and wild fauna
    and flora in the Eastern African region,
                                                                    Whereas the cooperation with the developing countries
— Protocol concerning cooperation in combating
                                                                    introduced by the third (1984) Lome Convention
    marine pollution in cases of emergency in the Eastern
                                                                    includes regional cooperation on the preservation and
    African region;
                                                                    improvement of the environment, especially through
                                                                    programmes to combat marine pollution, erosion and
Whereas these instruments cover fields in which the                 coastal degradation ( 3 );
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
                                                                    0) OJ No C 112, 20. 12. 1973, OJ No C 139, 13. 6. 1977 and
environmental protection adopted pursuant to Article                    OJ No C 46, 17. 2. 1983.
235 of the Treaty and partly from the common fisheries              (2) Resolution of the Council and of the representatives of the
policy;                                                                 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
Whereas it is in the interests of the Community to                      (OJ No C 272, 12. 10. 1984).
conclude the above instruments;                                     (3) 1984 Lome Convention, Tide VII, Article 113.
 ---pagebreak--- 10. 10. 86                            Official Journal of the European Communities                             No C 253/3
Whereas, also, the common fisheries policy attaches              — the Convention for the protection, management and
importance to the protection of fishing grounds, the                 development of the marine and coastal environment
conservation of marine biological resources and the                  of the Eastern African region;
balanced exploitation of both on a durable basis, subject
to appropriate economic and social conditions and                — the Protocol concerning protected areas and wild
regional and international cooperation in these matters;             fauna and flora in the abovementioned region;
                                                                 — the Protocol concerning cooperation in combating
Whereas with some of the signatories of the Final Act of             marine pollution in cases of emergency in the
the Nairobi conference the Community has concluded                   abovementioned region.
fishing agreements designed to help explore, exploit,
conserve and manage fish stocks rationally, and whereas          The texts of the said agreements are annexed to this
the Community, under the Lome Convention and in                  Decision.
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;                                     Article 2
                                                                 The Community shall be represented by the
Whereas the Convention and the two Protocols have                Commission, assisted by the Member States' represen-
been open for signature in Nairobi since 21 June 1985            tatives, in the institutions set up by the Convention and
and will remain open for signature until 20 June 1986,           by the Protocols thereto.
HAS DECIDED AS FOLLOWS:                                                                     Article 3
                         Article 1                               The President of the Council of the European
                                                                 Communities shall, as regards the European Economic
The following agreements, adopted in Nairobi on 21               Community, deposit the instruments referred to in
June 1985, are hereby approved on behalf of the                  Article 27 of the Convention with the Government of the
European Economic Community:                                     Republic of Kenya.
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                                                                   ANNEX
            FINAL ACT O F T H E CONFERENCE O F PLENIPOTENTIARIES O N T H E PROTECTION,
            MANAGEMENT A N D DEVELOPMENT O F T H E MARINE A N D COASTAL E N V I R O N M E N T O F
                                               T H E 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:                                       Mr James Ferrari (Seychelles)
                      Vice-president:                                       Mr Manjit S. Iqbal (Somalia)
                      Rapporteur:                                           Mr Barthelemi Vaohita (Madagascar)
                      Chairman of the Drafting Committee:                   Mr Philippe Pouzoulet (France).
            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.
 ---pagebreak--- 1 0 . 1 0 . 86                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s             N o 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;
 ---pagebreak--- 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 W H E R E O F the undersigned have affixed their signature to this Final Act.
           D O N E 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 T H E PROTECTION, MANAGEMENT A N D DEVELOPMENT O F T H E
                    MARINE AND COASTAL ENVIRONMENT OF T H E 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 U N E P / U N / U N I D O / F A O / U N E S C O / W H O / I M C O / I U C N 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.