SECOND DRAFT PROTOCOL TO THE ABIDJAN CONVENTION CONCERNING LAND-BASED SOURCES AND ACTIVITIES (LBSA) IN THE WEST AND CENTRAL AFRICAN REGION

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• SECOND DRAFT PROTOCOL TO THE ABIDJAN
  CONVENTION CONCERNING LAND-BASED SOURCES AND
  ACTIVITIES (LBSA) IN THE WEST AND CENTRAL AFRICAN
  REGION

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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.

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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.

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Article 3

• Definitions

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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

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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

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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.

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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 sound environmental
  management of natural resources, using for this
  purpose the best practicable means at their
  disposal, and in accordance with their
  capabilities

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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.

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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.

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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.

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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.

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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.

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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.

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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,

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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.

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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.

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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.

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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.

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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.

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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..

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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

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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.

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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.

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Article 18 (contd)

• Reports
• Such reports shall include.

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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.

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Article 20

• Meetings of the Contracting Parties

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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.

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Article 22

• Rules of Procedure and Financial rules

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Article 23

• Relationship between this Protocol and the
  Convention

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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.

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Article 25

• Amendment

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Article 26

• Signature, Ratification and Accession

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Article 27

• Entry into force, Withdrawal and Depositary

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ANNEXES

• Activities and Substances of Concern
• Best Available Techniques (BAT) and Best
  Environmental Practice (BEP)
• Environmental Quality Objectives and Standards.

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LBSA PROTOCOL

• THANK YOU FOR LISTENING
• MERCI BEAUCOUP!