(b) Promptly communicate notification of the incident pursuant to article 5;

(c)

Promptly determine its ability to take effective measures to respond to the incident and the assistance that might be required;

(d) Consult, as appropriate, with other Contracting Parties concerned in the process of determining the necessary response to the incident;

(e) Take the measures necessary to prevent, reduce or eliminate the effects of the incident, including monitoring of the situation.

1.

Article 8

SUBREGIONAL ARRANGEMENTS

With a view to facilitating the implementation of the provisions of this Protocol, and in particular articles 6 and 7, the Contracting Parties shall conclude appropriate bilateral or multilateral subregional arrangements.

2. Contracting Parties to this Protocol which enter into such subregional arrangements shall notify the other Contracting Parties, as well as the Organization, of the conclusion and the content of such arrangements.

Article 9

INSTITUTIONAL ARRANGEMENTS

The Contracting Parties designate the Organization to carry out, in co-operation with the International Maritime Organization, the following functions:

(a) Assisting Contracting Parties, upon request, in the following areas:

(i) The preparation, periodic review and updating of the contingency plans referred to in paragraph 2 of article 3, with a view, inter alia, to promoting the compatibility of the plans of the Contracting Parties; and

(ii) Publicizing training courses, programmes and material.

(b) Assisting the Contracting Parties, upon request, on a regional basis, in the following areas:

(i) The co-ordination of regional emergency response activities; and

(ii) The provision of a forum for discussion of such activities and related topics.

(ii) Appropriate entities conducting activities in the Eastern African region including major oil producers, refiners, clean-up contractors and co-operatives for marine pollution incidents, and transporters of oil and other harmful substances.

(d)

Maintaining a current inventory of equipment, materials and expertise readily available in the Eastern African region to deal with a marine pollution incident;

(e)

Disseminating information on the prevention and combating of marine pollution incidents;

Identifying or maintaining means for marine emergency response communications;

(g) Encouraging research by the Contracting Parties, competent international organizations and appropriate entities on marine pollution-related matters, including the environmental impacts of spillages of oil and other harmful substances and materials and techniques used for combating such spillages;

(h) Assisting the Contracting Parties in the exchange of information pursuant to article 4; and

(i) Preparing reports and carrying out other duties assigned to it by the Contracting Parties.

1.

Article 10

MEETINGS OF THE CONTRACTING PARTIES

Ordinary meetings of the Contracting Parties to this Protocol shall be held in conjunction with ordinary meetings of the Contracting Parties to the Convention held pursuant to article 17 of the Convention. The Contracting Parties to this Protocol may hold extraordinary meetings as provided for in article 17 of the Convention.

2.

(a)

It shall be the function of the meetings of the Contracting Parties:

To review the operation of this Protocol and to consider special technical arrangements and other measures to improve its effectiveness; and

(b) To consider measures to improve co-operation under this Protocol including, in accordance with article 19 of the Convention, possible amendments to this Protocol.

1.

2.

Article 11

RELATIONSHIP BETWEEN THIS PROTOCOL AND THE CONVENTION

The provisions of the Convention relating to its protocols shall apply to this Protocol.

The rules of procedure and the financial rules adopted pursuant to article 21 of the Convention shall apply to this Protocol, unless the Contracting Parties to this Protocol agree otherwise.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Protocol.

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.

ANNEX

Guidelines for the report to be made pursuant to

article 5, paragraph 1, of this Protocol

1. Each report shall, as far as possible, contain:

(a)

The identification of the source of pollution (e.g. identity of the ship, fixed or floating platform or any other structure), where appropriate;

(b) The geographic position, time and date of the observation or of the occurrence of the incident;

(a)

(b)

A clear indication or description of oil or other harmful substances involved;

A statement or estimate of the quantities, concentrations, nature (oil or a noxious liquid, solid or gaseous substance) and likely conditions of oil or other harmful substances discharged or likely to be discharged into the sea.

3.

Each report shall be supplemented, as necessary, by any relevant information requested by a recipient of the report or deemed appropriate by the person sending the report.

4.

(a)

Any of the persons referred to in article 5, paragraph 1, of this Protocol shall:

Supplement as far as possible the initial report, as necessary, with information concerning further developments; and

(b) Comply as fully as possible with requests from affected States for additional information.

APPENDIX

European Economic Community

Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, Noumea, 1986

Done at Noumea 24 November 1986

Entered into force 22 August 1990
Depositary: The South Pacific Bureau
for Economic Cooperation

Primary source citation: Senate Treaty
Document 101-21, 101st Congress, 2d Session,
U.S. Government Printing Office, Washington, 1990

CONVENTION FOR THE PROTECTION OF THE
NATURAL RESOURCES AND ENVIRONMENT

OF THE SOUTH PACIFIC REGION

THE PARTIES,

FULLY AWARE of the economic and social value of the natural resources of the environment of the South Pacific Region;

TAKING INTO ACCOUNT the traditions and cultures of the Pacific people as expressed in accepted customs and practices;

CONSCIOUS of their responsibility to preserve their natural heritage for the benefit and enjoyment of present and future generations;

RECOGNIZING the special hydrological, geological and ecological characteristics of the region which requires special care and responsible management;

RECOGNIZING FURTHER the threat to the marine and coastal environment, its ecological equilibrium, resources and legitimate uses posed by pollution and by the insufficient integration of an environmental dimension into the development process;

SEEKING TO ENSURE that resource development shall be in harmony with the maintenance of the unique environmental quality of the region and the evolving principles of sustained resource management;

REALIZING FULLY the need for co-operation amongst themselves and with competent international, regional and sub-regional organisations in order to ensure a co-ordinated and comprehensive development of the natural resources of the region;