SECOND DRAFT PROTOCOL TO THE ABIDJAN CONVENTION CONCERNING LAND-BASED SOURCES AND ACTIVITIES (LBSA) IN THE WEST AND CENTRAL AFRICAN REGION
Article 1 Purpose of the Protocol: In accordance with Article 7 of the Convention, the Contracting Parties undertake to prevent, reduce, mitigate and control pollution from land-based sources and activities on their territories or emanating from any other land-based source, including through the atmosphere, in order to protect and sustain the marine and coastal environment of the area covered by this Protocol.
Article 2 Geographical coverage • The area to which this Protocol applies (hereinafter referred to as the “Protocol area”) shall be the same as the Convention area as defined in Article 1 of the Convention.
Article 3 Definitions
Article 4 Protocol Application This Protocol shall apply to: 1) Activities or sources within the territories of the Contracting Parties that may directly or indirectly affect the coastal and marine environment of the Protocol area including developments which cause physical alteration of the natural habitat or otherwise result in physical alteration and destruction of habitats;
Article 4Protocol Application (contd) 2) Emissions, discharges and releases originating from land-based point and diffuse sources and activities, listed in Annex I, within the territories of the Contracting Parties which reach the coastal and marine environment through the air, water courses, groundwater flow, run-off, and disposal under the seabed that may affect the Protocol area;
Article 4Protocol Application (contd) 3) Inputs of polluting substances transported through the atmosphere into the coastal and marine environment of the Protocol area from land-based activities and sources within or originating from the territories of the Contracting Parties.
Article 5 General obligations 1) The Contracting Parties shall, individually or jointly as the case may be, take appropriate measures in accordance with the provisions of the Convention and this Protocol, to prevent, reduce, combat and control pollution and degradation of the Protocol area from land-based activities and sources and to ensure soundenvironmental management of natural resources, using for this purpose the best practicable means at their disposal, and in accordance with their capabilities
Article 5 (contd) 2) The Contracting Parties shall co-operate in the formulation and adoption of agreed measures, procedures, practices, and standards, such as but not limited to, the precautionary principle, polluter-pays principle, Environmental Impact Assessment (EIA),Environmental Audit (EA), and Integrated Coastal Areas and River Basin Management (ICARM) to prevent, reduce, mitigate, and control pollution from land-based activities and sources and promoting environmental management in conformity with the objectives of the Convention and this Protocol.
Article 5 (contd) 3) The Contracting Parties shall establish national laws and regulations for the effective discharge of the obligations prescribed in the Convention and this Protocol and shall endeavour to harmonize their national policies in this regard.
Article 5 (contd) 4) The Contracting Parties shall co-operate with the competent sub-regional, regional, and international organizations to ensure the effective implementation of the Convention and this Protocol and to assist each other in fulfilling their obligations under the Convention and this Protocol.
Article 5 - contd 5) In taking measures to prevent, reduce, mitigate, and control pollution from land-based activities and sources within the Protocol area, and to promote environmental management, the Contracting Parties shall act so as not to transfer, directly or indirectly, damage or hazards from one area to another or transform one type of pollution into another.
Article 6 Public Participation: Each Contracting Party shall ensure and promote the participation of all stakeholders in measures that are necessary for the protection of the marine environment of the Protocol area against pollution from land-based sources and activities, and in environmental management decision-making process relevant to the implementation of this Protocol.
Article 7 Exchange of and Access to Information: 1) The Contracting Parties shall directly or through the organization exchange on a regular basis information and develop systems and networks for the exchange of information including information on environmental education and awareness for public enlightenment to achieve the objectives and goals of this Protocol.
Article 7 (contd) 2) The Contracting Parties shall in accordance with their respective national laws and regulations facilitate timely public access to information and documentation concerning pollution and degradation of the Protocol area from land-based activities and sources,
Article 7 (contd) and on measures adopted or about to be adopted to prevent, reduce, mitigate and control adverse effects and the effectiveness of such measures taking into account provisions of existing international agreements concerning public access to environmental information.
Article 8 Pollution from point sources 1) The Contracting Parties shall ensure that mandatory emission controls for point source discharges and releases of substances into the coastal and marine environment of the Protocol area are based on the Best Available Techniques and Best Environmental Practice or adopted emission limit values elaborated in Annex II.
Article 9 Pollution from diffuse sources 1) The Contracting Parties shall take all appropriate measures to prevent, reduce, mitigate and control pollution from diffuse sources, in particular, from agricultural and forest areas, with effects on the coastal and marine environment of the Protocol area and ensure compliance with agreed environmental quality standards and environmental quality objectives and mandatory emission limits elaborated in Annex III.
Article 10 Degradation from other harmful land-based sources and activities 1) The Contracting Parties shall endeavour to ensure that land-based activities within their territories and jurisdiction which affect or have a potential to affect the coastal and marine environment of the Protocol area and which are not covered by the provisions of Article 8 and 9 of this Protocol are conducted in accordance with the best practicable means to prevent, reduce, mitigate and control pollution to the coastal and marine environment.
Article 11 Transboundary pollution: 1) Any Contracting Party which becomes aware of pollution from land-based activities originating from her territory with likely or potential adverse effect on the Protocol area, shall without delay, notify the Organization, and either through this Organization or directly, any other Contracting Party likely to be affected.
Article 12 Measures for effective implementation 1) In order to further the objectives of this Protocol, the Contracting Parties shall develop and adopt national and regional programmes of actions, based on source control and containing measures and where appropriate, set targets for their implementation taking into account……..
Article 12 (contd) Measures for effective implementation 2) Each Party shall address priority substances and activities listed in Annex I through the progressive development and periodic review of common effluent and emission controls, emission limits for relevant substances, environmental quality standards, environmental quality objectives, and environmental management practices based on the factors defined in Annex III and within set timeframes agreed by all Contracting Parties.
Article 12 (contd) Measures for effective implementation 3) Each Party shall promote and utilize the Best Available Techniques and the Best Environmental Practices and the application of, access to and transfer of environmentally sound technology, including cleaner production, taking into consideration the technological, economic and social conditions and criteria set out in Annex II.
Article 13 Compliance, Control and Enforcement: 1) Each Party shall take in its territory appropriate measures, in accordance with the principles of international law and consistent with its obligations, to enact and enforce laws, regulations and other legal instruments relating generally to matters referred to in this Protocol, including those concerning the organization of an appropriate national authority and co-operate……………….
Article 14 Common Guidelines, Standards and Criteria 1) The Contracting Parties undertake to co-operate in establishing common guide-lines, standards and criteria, which are subject to periodic review on the proposal of one or more Contracting Parties, in matters relating to:
Article 15 Monitoring and Evaluation 1) The Contracting Parties shall develop and co-ordinate national research and comparable national monitoring and evaluation programmes concerning inputs of priority substances, levels of pollution within their internal and territorial waters, effectiveness of action plans, programmes and other measures implemented under this Protocol.
Article 16 Environmental Impact Assessment and Audit 1) The Contracting Parties shall endeavour as part of their environmental management policies, to adhere strictly and enforce compliance with Article 13 of the Convention with respect to mandatory Environmental Impact Assessment to assist the planning and implementation of their development projects in such a way as to minimize their immediate, long-term, cumulative and transboundary harmful impact on the Convention area.
Article 16 (contd) Environmental Impact Assessment and Audit 2) In addition, the Contracting Parties shall provide for mandatory regular and systematic Environmental Audits for on-going or existing development activities, programmes, and processes with potential harmful impact on the coastal and marine environment of the Protocol area.
Article 17 Scientific & Technological Co-operation: 1) The Contracting Parties shall co-operate, with the assistance of competent regional and international organizations, in the field of scientific research, technology transfer, technical assistance for acquisition, maintenance, and production of necessary equipment and facilities, manpower training for scientific and…
Article 17 (contd) and technical personnel, exchange of data and scientific information, monitoring and evaluation including quality control/quality assurance programmes and in collaborative programmes in areas beyond their national jurisdiction for the purpose of this Protocol.
Article 18 Reports 1) The Contracting Parties shall, consistent with article 22 of the Convention, transmit to the Organization regular reports on measures adopted in the implementation of this Protocol, in such form and at such intervals as the meetings of Contracting Parties may determine.
Article 18 (contd) Reports: Such reports shall include……………….
Article 19 Institutional arrangement: The Contracting Parties shall, consistent with article 16 of the Convention designate the Organization as secretariat for this Protocol to carry out administrative and secretarial functions in accordance with the article, including liaison with designated national focal points responsible for the co-ordination of national efforts for effective implementation of this Protocol.
Article 20 Meetings of the Contracting Parties
Article 21 Financial Mechanisms: Need to ensure adequate financial resources for the implementation of this Protocol provide and mobilise additional funds and other forms of assistance for activities related to this Protocol.
Article 22 Rules of Procedure and Financial rules:
Article 23 Relationship between this Protocol and the Convention:
Article 24 Settlements of disputes: The provisions of article 25 of the Convention regarding the settlement of disputes shall apply mutatis mutandis to this Protocol.
Article 25 Amendment
Article 26 Signature, Ratification and Accession:
Article 27 Entry into force, Withdrawal and Depositary:
ANNEXES: • Activities and Substances of Concern • Best Available Techniques (BAT) and Best Environmental Practice (BEP) • Environmental Quality Objectives and Standards.
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