Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region

 

Article 15

LIABILITY AND COMPENSATION

The Contracting Parties shall co-operate, directly or with the
assistance of competent regional and International Organizations , with
a view to formulating and adopting appropriate rules and procedures
which are in conformity with international law in the field of liability
and compensation for damage resulting from pollution of the Convention
area.

Article 16

INSTITUTIONAL ARRANGEMENTS

1. The Contracting Parties designate the United Nations Environment
Programme as the secretariat of the Convention to carry out the following
functions:

(a) to prepare and convene the meetings of Contracting Parties and
conferences provided for in articles 17, 18 and 19;

(b) to transmit to the Contracting Parties the information received
in accordance with articles 3, 11, 13 and 23;

(c) to perform the functions assigned to it by protocols to
this Convention;

(d) to consider enquiries by, and information from, the Contracting
Parties and to consult with them on questions relating to this
Convention and its protocols;

(e) to co-ordinate the implementation of cooperative activities
agreed upon by the meetings of Contracting Parties;

(f) to ensure the necessary co-ordination with other regional and
international bodies that the Contracting Parties consider competent;

(g) to enter into such administrative arrangements as may be
required for the effective discharge of the secretariat functions.

2. Each Contracting Party shall designate an appropriate authority
to serve as the channel of communication with the Organization for the
purposes of this Convention and its protocols.

Article 17

MEETINGS OF THE CONTRACTING PARTIES

1. The Contracting Parties shall hold ordinary meetings once every
two years. It shall be the function of the ordinary meetings of the
Contracting Parties to keep under review the implementation of this
Convention and its protocols and, in particular:

(a) to consider information submitted by the Contracting Parties
under article 23;

(b) to adopt, review and amend annexes to this Convention and
to its related protocols, in accordance with the provisions of article 20;

(c) to make recommendations regarding the adoption of any additional
protocols or amendments to this Convention or its protocols in accordance
with the provisions of articles 18 and 19;

(d) to establish working groups as required to consider any matters
concerning this Convention and its protocols;

(e) to assess periodically the state of the environment in
the Convention area;

(f) to consider co-operative activities to be undertaken within
the framework of this Convention and its protocols, including their
financial and institutional implications, and to adopt decisions
relating thereto;

(g) to consider and undertake any additional action that may be
required for the achievement of the purposes of this Convention and
its protocols.

2. The Organization shall convene the first ordinary meeting
of the Contracting Parties within nine months of the date on which
the Convention enters into force in accordance with article 29.

3. Extraordinary meetings shall be convened at the request of
any Contracting Party or upon the request of the Organization,
provided that such requests are supported by a two-thirds majority
of the Contracting Parties. It shall be the function of the
extraordinary meeting of the Contracting Parties to consider
only those items proposed in the request for the holding of the
extraordinary meeting.

Article 18

ADOPTION OF PROTOCOLS

1. The Contracting Parties, at a conference of plenipotentiaries,
may adopt additional protocols to this Convention pursuant to
paragraph 2 of article 4.

2. If so requested by a two-thirds majority of the Contracting
Parties, the Organization shall convene a conference of plenipotentiaries
for the purpose of adopting additional protocols to this Convention.

Article 19

AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS

1. Any Contracting Party may propose amendments to this Convention.
Amendments shall be adopted by a conference of plenipotentiaries which
shall be convened by the Organization at the request of a two-thirds
majority of the Contracting Parties.

2. Any Contracting Party to this Convention may propose amendments
to any protocol. Such amendments shall be adopted by a conference of
plenipotentiaries which shall be convened by the Organization at the
request of a two-thirds majority of the Contracting Parties to the
protocol concerned.

3. The text of any proposed amendment shall be communicated by the
Organization to all Contracting Parties at least ninety days before
the opening of the conference of plenipotentiaries.

4. Any amendment to this Convention shall be adopted by a two-thirds
majority vote of the Contracting Parties to the Convention which are present
and voting at the conference of plenipotentiaries and shall be submitted by
the Depositary for acceptance by all Contracting Parties to the Convention.
Amendments to any protocol shall be adopted by a two-thirds ma – jority vote
of the Contracting Parties to the protocol which are present and voting at
the conference of plenipotentiaries and shall be submitted by the Depositary
for acceptance by all Contracting Parties to the protocol.

5. Instruments of ratification, acceptance or approval of amendments
shall be deposited with the Depositary. Amendments adopted in accordance
with paragraph 4 shall enter into force between Contracting Parties having
accepted such amendments on the thirtieth day following the date of receipt
by the Depositary of the instruments of at least six of the Contracting
Parties to this Convention or to the protocol concerned. as the case may be.
Thereafter the amendments shall enter into force for any other Contracting
Party on the thirtieth day after the date on which that Party deposits its
instrument.

6. After the entry into force of an amendment to this Convention or to
a protocol, any new Contracting Party to this Convention or such protocol
shall become a Contracting Party to the Convention or protocol as amended.

Article 20

ANNEXES AND AMENDMENT OF ANNEXES

1. Annexes to this Convention or to a protocol shall form an integral
part of the Convention or, as the case may be, such protocol.

2. Except as may be otherwise provided in any protocol with respect
to its annexes, the following procedure shall apply to the adoption and
entry into force of amendments to annexes to this Convention or to annexes
to a protocol:

(a) any Contracting Party may propose amendments to annexes to this
Convention or annexes to any protocol at the meetings convened pursuant
to article 17;

(b) such amendments shall be adopted by a two thirds majority vote
of the Contracting Parties to the instrument in question;

(c) the Depositary shall without delay communicate the amendments
so adopted’ to all Contracting Parties to this Convention;

(d) any Contracting Party that is unable to accept an amendment to
annexes to this Convention or to annexes to any protocol shall so
notify the Depositary in writing within a period determined by the
Contracting Parties concerned when adopting the amendment;

(e) the Depositary shall without delay notify all Contracting Parties
of notifications received pursuant to the preceding subparagraph;

(f) on expiry of the period determined in accordance with subparagraph
(d) above, the amendment to the annex shall become effective for all
Contracting Parties to this Convention or to the protocol concerned
which have not submitted a notification in accordance with the provisions
of that subparagraph;

(g) a Contracting Party may at any time substitute an acceptance for
a previous declaration of objection, and the amendment shall thereupon
enter into force for that Party.

3. The adoption and entry into force of a new annex to this Convention
or to any protocol shall be subject to the same procedure as that for the
adoption and entry into force of an amendment to an annex, provided that,
if it entails an amendment to the Convention or a protocol, the new annex
shall not enter into force until such time as that amendment enters into
force.

4. Any amendment to the Annex on Arbitration shall be proposed and adopted,
and shall enter into force, in accordance with the procedures set out in
article 19.

 

Author: international

Mentioned in these Entries

Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region, International Organizations.