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PERSGA

The Regional Organization for the Conservation of the Environment of the Red Sea and the Gulf of Aden

1982 Historic Documents


See http://www.persga.org/ for current activity

GEMS Reference Material:


1. Jeddah Convention 2. Action Plan 3. Final Act 4. Combating Pollution from Emergency Spills 5. Protocol - Diversity & Protected Areas 6. Protocol - Protection from Land Based Activities 7. Cairo Deceleration - Regional Organization Formation

PERSGA
1-20 1-16 1-12 1-12 1-24 1-1 1-3

GEMS
1 21 37 49 61 85 86

ISSUE DATE: December 29, 2011


First Edition - Without Arabic see Engineering/Regulations & 111229.00 pergasa - red sea cover

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The Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment (1982)

The Governments of:


The Hashemite Kingdom of Jordan, The Kingdom of Saudi Arabia, The Republic of the Sudan, The Democratic Republic of Somalia, Palestine represented by the Palestine Liberation Organization, The Republic of Yemen. Realizing that pollution of the marine environment in the waters of the Red Sea and Gulf of Aden by oil and other harmful or noxious materials arising from human activities on land or at sea, espec c cially through indiscriminate and uncontrolled discharge of these substances, presents a growing threat to marine life, fisheries, human health, recreational uses of beaches and other amenities. Mindful of the special hydrographic and ecological characteristics of the marine environment of the Red Sea and Gulf of Aden and the particular vulnerability of its coral reefs where most biota exist. Conscious of the need to ensure that the processes of urban and rural development and resulc c tant land use should be carried out in such a manner as to preserve, as far as possible, marine resources and coastal amenities, and that such developments should not lead to deterioration of the marine environment. Convinced of the need to ensure that the processes of industrial development should not, in any way, cause damage to the marine environment, jeopardize its living resources or create hazards to human health. Recognizing the need to develop an integrated management approach to the use of the marine envic c ronment and the coastal areas which will allow the achievement of environmental and developmentc al goals in a harmonious manner. Recognizing also the need for a carefully planned research, monitoring and assessment programme in view of the scarcity of scientific information on marine pollution in the region. Considering that the States of the Red Sea and Gulf of Aden have a special responsibility to protect their marine environment. Aware of the importance of cocoperation and coordination of action on a regional basis with the aim of protecting the marine environment of the Red Sea and Gulf of Aden for the benefit of all concerned, including future generations.

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Bearing in mind the existing international conventions relevant to the present Convention. Aiming to fulfil the objectives of the Charter of the League of Arab States, and the Charter and Constitution of the Arab League Educational, Cultural and Scientific Organization. Have agreed as follows:

Article I: Definitions
For the purposes of this Convention and its Protocols, the following terms and expressions have the meanings indicated below, except when otherwise inferred from the text:

1. Conservation of the marine environment of the Red Sea and Gulf of Aden: Rational use by man of living and non-living marine and coastal resources in a manner ensuring optimum benefit for the present generation while maintaining the potential of that environment to satisfy the needs and aspirations of future generations. Such a definition of the term conservation should be conc strued as including conservation protection, maintenance, sustainable and renewable utilization, and enhancement of the environment. 2. Sea Area: Sea Area as defined in article II of this Convention. 3. Marine pollution: Introduction by man, directly or indirectly, of substances or energy into
the marine environment which results or is likely to result in such deleterious effects as harm to living resources, hazards to human health, or hindrance to marine activities including fishing, impairment of quality for use of sea water and reduction of amenities. 4. Ships and aircraft: Any waterborne or airborne or amphibious craft of any type whatsoevc c er, including hydrofoil boats, air cushion vehicles submersibles, floating craft whether self-propelled or not, and fixed or floating platforms and any other structure. 5. Oil: Petroleum in any form including crude oil, fuel oil, sludge, refined oil, gases and other oil products, whose introduction might impair the marine environment. 6. Harmful substance: Any substance whose introduction or presence in the marine environc c ment causes a danger threatening or impairing that environment. 7. National Authority: The authority designated by each Contracting Party as responsible for the coordination of national efforts for implementing this Convention and its protocols. 8. ALECSO: The Arab League Educational Cultural and Scientific Organization. 9. Organization: The Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment established in accordance with article XVI of this Convention.

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10. Council: The Council established in accordance with article XVI of this Convention. 11. General Secretariat: The organ of the Organization established in accordance with article XVI of this Convention. 12. Action Plan: The Action Plan for the Conservation of the Marine Environment and Coastal Areas of the Red Sea and Gulf of Aden.

Article II: Geographical Coverage


The present Convention shall apply to the entire sea area, taking into account integrated ecosystems of the Red Sea, Gulf of Aqaba, Gulf of Suez, Suez Canal to its end on the Mediterranean, and the Gulf of Aden as bounded by the following rhumb lines: 1. From Ras Dharbat Ali (lat. 1639 N, long. 5303.5 E), thence to a point (lat. 1600 N, long. 5325 E), thence to a point (lat. 1240 N, long. 5500 E) lying E.N.E. of Socotra Island, thence to Ras Hafun (lat. 1026 N, long. 5125 E). 2. Any Contracting Party may request the Organization to include areas within that Partys national jurisdiction and lying adjacent to those described in paragraph 1 above within the area of application of this Convention or for the purposes of activities resulting therefrom. 3.The geographical coverage does not include internal waters of the Contracting Parties unless otherc c wise stated in this Convention or any of its protocols.

Article III: General Obligations


1.The Contracting Parties shall, individually or jointly, take all appropriate measures, in accordance with the present Convention and those protocols in force to which they are party, for the conservation of the Red Sea and Gulf of Aden environment including the prevention, abatement and combating of marine pollution. 2. In addition to the Protocol concerning Regional Cocoperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency, the Contracting Parties shall cocoperate in the formulation and adoption of other protocols prescribing agreed measures, procedures and standards for the implementation of this Convention. 3. The Contracting Parties shall establish national standards, laws and regulations as required for the effective discharge of the obligation prescribed in paragraph 1 of this article, and shall endeavour to harmonize their national policies in this regard and for this purpose appoint the National Authority. 4.The Contracting Parties shall cocoperate with the competent international, regional and subcregional organizations to establish and adopt regional standards, recommended practices and procedures for the conservation of the Red Sea and Gulf of Aden environment, including the prevention, abatement

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and combating of pollution from all sources in conformity with the objectives of the present Convenc c tion, and to assist each other in fulfilling their obligations under the present Convention. 5. The Contracting Parties shall use their best endeavour to ensure that the implementation of the present Convention shall not cause transformation of one type or form of pollution to another which could be more detrimental to the environment.

Article IV: Pollution from Ships


The Contracting Parties shall take all appropriate measures in conformity with the present Convention and with generally recognized international rules to prevent, abate and combat pollution in the Sea Area caused by intentional or accidental discharges from ships and shall ensure effective compliance in the Sea Area with generally recognized international rules relating to the control of this type of pollution including loadconctop, segregated ballast and crude oil washing procedures for tankers.

Article V: Pollution Caused by Dumping from Ships and Aircraft


The Contracting Parties shall take all appropriate measures to prevent, abate and combat pollution in the Sea Area caused by dumping of wastes and other matter from ships and aircraft, and shall ensure effective compliance in the Sea Area with generally recognized international rules relating to the control of this type of pollution as provided for in relevant international conventions.

Article VI: Pollution from LandcBased Sources


The Contracting Parties shall take all appropriate measures to prevent, abate and combat pollution caused by discharges from land reaching internal waters and the Sea Area whether watercborne, airborne or directly from the coast including outfalls and pipelines.

Article VII: Pollution Resulting from Exploration and Exploitation of the Bed of the Territorial Sea, the Continental Shelf and the SubcSoil
The Contracting Parties shall take all appropriate measures to prevent, abate and combat pollution in the Sea Area resulting from exploration and exploitation of the bed of the territorial sea, the continenc c tal shelf and the subcsoil thereof, including the prevention of accidents and the combating of pollution emergencies resulting in damage to the marine environment.

Article VIII: Pollution from Other Human Activities


The Contracting Parties shall take all appropriate measures to prevent, abate and combat pollution in the Sea Area resulting from land reclamation (and associated suction dredging and coastal dredging) or resulting from estuarine or river dredging or from other human activities.

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Article IX: Cocoperation in Dealing with Pollution Emergencies


1. The Contracting Parties shall, individually or jointly, take all necessary measures, including those to ensure that adequate equipment and qualified personnel are readily available, to deal with pollution emergencies in the Sea Area, whatever the cause of such emergencies, and to reduce or eliminate damage resulting therefrom. 2. Any Contracting Party which becomes aware of any pollution emergency in the Sea Area shall without delay, notify the Organization, and through the General Secretariat, any Contracting Party likely to be affected by such an emergency. 3. The Contracting Parties shall cocordinate their national plans for combating pollution in the marine environment by oil and other harmful substances in a manner that facilitates full cocoperation in dealing with pollution emergencies.

Article X: Scientific and Technological Co-operation


1. The Contracting Parties shall cocoperate directly, or through competent international and regional organizations, in the fields of scientific research, monitoring, assessment and combating of pollution in the Sea Area, and shall exchange data as well as other scientific information for the purpose of the present Convention, its protocols and action plans. 2. The Contracting Parties shall cocoperate further to develop and cocordinate national monitoring and research programmes concerning all types of pollution and pollution combating, as well as studies and research on the marine environment. They shall cocoperate further to develop and cocordinate necessary supporting programmes, such as marinec meteorology programmes, and to establish, in cooperation with competent regional or international organizations, a regional network of such programmes to ensure compatible results. For this purpose, each Contracting Party shall designate the National Authority responsible for environmental research and monitoring and for marine meteorological monitoring within the areas under its national jurisdiction. 3. The Organization and ALECSO shall cooperate in matters of common interest for the purpose of mutual cocordination and exchange of technical assistance, information and documents.

Article XI: Assessment and Management of the Environment


1. Each Contracting Party shall give due consideration to marine environmental effects when planning or executing projects, including an assessment of potential environmental effects, particularly in the coastal areas. 2. The Contracting Parties may, in consultation with the General Secretariat, develop procedures for dissemination of information on the assessment of the activities referred to in paragraph 1 of this article.

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3. The Contracting Parties undertake to develop, individually or jointly environmental standards, both technical and other guidelines in accordance with standard scientific practice to assist the planning and execution of their projects in such a way as to minimize their harmful impact on the marine environment. In this regard international standards may be used where appropriate.

Article XII: Technical and Other Assistance


The Contracting Parties shall cocoperate, directly or through competent regional or international organizations, in the development of programmes of technical and other assistance, in fields relating to the marine environment and its conservation in coordination with the Organization.

Article XIII: Liability and Compensation


The Contracting Parties undertake to cocoperate in the formulation and adoption of appropriate rules and procedures for the determination of: 1. Civil liability and compensation for damage resulting from pollution of the marine environment bearing in mind applicable international rules and procedures relating to those matters; and 2. Liability and compensation for damage resulting from violation of obligations under the present Convention and its protocols.

Article XIV: Sovereign Immunity


1.Warships and other ships owned or operated by a State, and used only on government nonccommercial service, shall be exempted from the application of the provisions of the present Convention. 2. Subject to paragraph 1 above, each Contracting Party shall, as far as possible, ensure that its warships or other ships owned or operated by that Party, and used only on government nonccommercial service, shall comply with the provisions of the present Convention.

Article XV: Disclaimer


Nothing in the present Convention shall prejudice or affect the rights or claims of any Contracting Party with regard to the nature or extent of its maritime jurisdiction which may be established in conformity with international law.

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Article XVI: Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment
1. A Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment, the permanent headquarters of which shall be located in Jeddah, Saudi Arabia, is hereby established. 2. The Organization shall consist of the following organs: (a) A Council comprised of a representative of each Contracting Party; (b) A General Secretariat; (c) A Committee for the Settlement of Disputes whose composition, terms of reference and rules of procedure shall be decided by the Council. 3. The Organization shall enjoy, in the territory of each Contracting Party, all legal qualifications necessary for the discharge of its duties and the performance of all activities concerned with the achievement of its aims.

Article XVII: The Council


1. (a) Membership of the Council shall be made up of the Contracting Parties, each Conc c tracting Party having one vote in the meetings of the Council. (b) Meetings of the Council shall be attended by the Director General of ALECSO or his delegate. 2. The Council shall hold one ordinary meeting every year, and may hold extraordinary meetings in accordance with its rules of procedure. Meetings shall be convened at the headquarters of the Organization or at any place as prescribed by its internal regulations or by the Council.The Chairmanship of the Council shall be given to each Contracting Party, in turn, in the Arabic alphabetical order starting with the Depositary State. The term of office of the Chairman shall be one year. 3. Two thirds of the Council membership shall constitute a quorum for its meetings. 4. The voting procedure in the Council shall be as follows: (a) Decisions on important matters shall be taken by a unanimous vote of the Contracting Parties present and voting; (b) Decisions on procedural matters shall be taken by a twocthirds majority vote of the Contracting Parties present and voting.

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Article XVIII: Duties and Functions of the Council


The Council shall have the duties and functions necessary to achieve the objectives of this Convention and its protocols, and in particular: (a) To adopt its internal regulations. (b) To keep under review the implementation of the Convention and its protocols, and the action plan adopted for the achievement of the purposes of this Convention and its protocols. c (c) To make recommendations regarding the ad option of any additional protocols or any amendc ments to the Convention or to its protocols. (d) To adopt, review and amend, as required, the annexes to this Convention and to its proc c tocols. (e) To adopt and conclude agreements with States or with organizations with similar purc c poses or interests within the aims of this Convention and for the achievement of its purposes and which the Council deems necessary for the discharge of its duties. (f) To review and evaluate the state of the marine environment and coastal areas on the c basis of reports provided by the Contracting Parties, or by the international organizac tions concerned. (g) To establish subsidiary bodies and ad hoc working groups, as required, to consider any matters related to this Convention and its protocols or related to the annexes of this Convention and its protocols or related to the action plan. (h) To consider reports submitted by the Contracting Parties and reports prepared by the General Secretariat on questions relating to the Convention and to matters relevant to the administration of the Organization and to decide upon them; (i) To endeavour to settle any differences or disputes between the Contracting Parties c as to the interpretation or implementation of this Convention or its protocols or anc nexes; (j) To appoint the Secretary General; (k) To adopt and issue its rules of procedure, administrative and financial regulations guidc ed by the constitution and regulations of ALECSO. The Council may adopt or amend any other regulations necessary for the discharge of its duties; (l) To adopt the financial rules which determine, in particular, the contributions of the Contracting Parties; (m) To adopt the financial budget of the Organization; (n) To adopt the projects and budgets for the Organization activities; (o) To approve a report on the work and activities of the Organization to be submitted for information to the ALECSO General Conference; (p) To define and develop relations between the Organization and Arab organizations or bodies; (q) To perform any additional functions necessary for the achievement of the purposes of this Convention and its protocols or which the Council deems necessary for the disc c charge of its duties.

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Article XIX: The General Secretariat


1. The Secretary General shall head the General Secretariat and perform the functions necessary for the management of the Convention and its protocols, annexes, the action plan and the work of the General Secretariat; 2. The General Secretariat shall have the duties and powers necessary to achieve the purposes of this Convention and its protocols and to execute the action plan, according to decisions of the Council, and in particular: (a) To prepare for and convene the meetings of the Council and its subsidiary bodies and ad hoc working groups. (b) To transmit to the Contracting Parties notifications, reports and other information rec ceived. (c) To consider inquiries by, and information from, the Contracting Parties and to consult with them on questions relating to this Convention and its protocols, annexes and the action plan. (d) To prepare and submit reports on matters relating to this Convention, its protocols, annexes and the action plan or relating to the administration of the Organization (e) To establish, maintain and disseminate an upctocdate collection of national laws conc c cerning the conservation of the marine environment of all Contracting Parties. c (f) To provide technical assistance and advice for the drafting of appropriate national legisc lation for the effective implementation of this Convention and its protocols. c (g) To organize and cocordinate training programmes in areas related to the implementac tion of this Convention, its protocols and the action plan. (h) To perform such other functions as may be assigned to it by the Council for the implec c mentation of this Convention, its protocols and the action plan.

Article XX: Budget and Financial Resources of the Organization


1. The Organization shall have its own budget. 2. The financial resources of the Organization shall consist of: (a) Contributions by the Contracting Parties. (b) ALECSO contribution. (c) Other contributions accepted by the Council. 3. Reports on the budget of the Organization shall be transmitted to the ALECSO General Conference for information.

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Article XXI: Adoption and Amendments of the Convention and its Protocols
The Council, or any Contracting Party may propose amendments to this Convention, its protocols or annexes. Amendments of importance shall be adopted by a unanimous vote of the Contracting Parties. Other amendments shall be adopted by a twocthirds majority. Any matter is considered important if so requested by one Contracting Party. Amendments shall enter into force when adopted by the Contracting Par ties in accordance with ar ticles XXVI and XXVII of this Convention.

Article XXII: Reports


Each Contracting Party shall submit to the General Secretariat reports on measures taken for the implementation of this Convention and its protocols, in such form and at such intervals as may be determined by the Council.

Article XXIII: Compliance Control


The Contracting Parties shall cocoperate in the development and implementation of procedures for the effective application of the Convention and its protocols, including detection of violations, using all appropriate and practicable measures of detection and environmental monitoring, including adequate procedures for reporting and accumulation of evidence.

Article XXIV: Settlement of Disputes


1. In case of a dispute as to the interpretation or application of this Convention, its protocols or its annexes, the Contracting Parties concerned shall seek a settlement of the dispute through amicable means. 2. If the Contracting Parties concerned cannot settle the dispute, the matter shall be referred to the Council for its consideration. 3. If the Council does not reach a settlement of the dispute, it shall be submitted to the Committee for the Settlement of Disputes referred to in paragraph 2(c) of article XVI of this Convention.

Article XXV: Signature


The present Convention together with the attached Protocol shall be open for signature in Jeddah by Governments of the States of the Red Sea and Gulf of Aden invited to the Jeddah Regional Conc c ference of Plenipotentiaries on the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden convened from 19 to 21 Rabie Althani A.H. 1402, corresponding to 13 to 15 February 1982.

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Article XXVI: Ratification, Acceptance, Approval or Accession


1. The present Convention together with the attached Protocol shall be subject to ratification, acceptance, approval or accession by the States referred to in article XXV of this Convention. Any Contracting Party which has ratified, accepted, approved or acceded to the present Convention shall be considered as having ratified, accepted, approved or acceded to the attached Protocol. 2. Any State member of the Arab League has the right to accede to the present Convention and its protocols.

Article XXVII: Entry into Force


1. The present Convention and the attached Protocol shall enter into force on the ninetieth day following the date of deposit of at least four instruments of ratification, acceptance or approval of, or accession to, the Convention. 2. Any other protocol to this Convention, except as otherwise provided in such protocol, shall enter into force on the thirtieth day following the date of deposit of at least four instruments of ratification acceptance or approval of, or accession to such protocol. 3. This Convention or any such protocol shall enter into force with respect to any Contracting Party on the thirtieth day following the date of deposit by that Contracting Party of its instrument of ratification, acceptance, approval or accession.

Article XXVIII: Withdrawal


1.At any time after five years from the date of entry into force of this Convention, any Contracting Party may withdraw from this Convention by giving written notification of withdrawal to the Depositary. 2. Except as may be otherwise provided in any other protocol to this Convention, any Contracting Party may, at any time after five years from the date of entry into force of such protocol, withdraw from such protocol by giving written notification of withdrawal to the Depositary. 3. Withdrawal shall take effect twelve months after the date on which notification of withdrawal is received by the Depositary. 4. Any Contracting Party which withdraws from the Convention shall be considered as also having withdrawn from any protocol to which it was a party. 5. Any Contracting Party which withdraws from the Protocol concerning Regional Cocoperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency shall be considered as also having withdrawn from this Convention.

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Article XXIX: Responsibilities of the Depositary


1. The Depositary shall receive instruments of ratification of this Convention and its protocols. 2. The Depositary shall call the first meeting of the Council when this Convention enters into force after ratification by four Contracting Parties. 3. After the first meeting of the Council the General Secretariat shall assume all technical and administrative responsibilities and duties. The original of this Convention, of any protocol thereto, of any annex to the Convention or to a protocol, or of any amendment to this Convention, to a protocol or to an annex of the Convention or of a protocol shall be deposited with the Depositary, the Government of the Kingdom of Saudi Arabia, which shall send certified copies thereof to the Contracting Parties and shall also deposit certified copies of the Convention, its protocols and annexes with the General Secretariat of the League of Arab States in accordance with article 17 of the Arab League Charter and with the SecretarycGeneral of the United Nations in accordance with Article 102 of the Charter of the United Nations.

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In witness whereof, the undersigned Plenipotentiaries, being duly authorized by their respective Governments, have signed the present Convention. For the Government of: The Hashemite Kingdom of Jordan, The Kingdom of Saudi Arabia, The Republic of the Sudan, The Democratic Republic of Somalia Palestine The Republic of Yemen Done at the city of Jeddah on Saturday 20 Rabie Althani 1426 (H) corresponding to 14 February 2005.

Date of ratification of the Convention by Member States


State Djibouti Egypt Jordan Saudi Arabia Somalia Sudan Yemen Date of Application 2c3c1998 31c5c1990 7c9c1988 22c5c1985 1c3c1988 5c6c1984 29c5c1982 Focal Point Ministere de LEnvironment du Tourisme et de LArtisanat Council of Ministers, Environmental Affairs Agency, Cairo Ministry of Municipalities and Rural Affairs, Division of Environment Meteorology and Environmental Protection Administration, Jeddah Ministry of Fisheries and Marine Transportac c tion, Mogadishu National Council for Research, Khartoum University of Sanaa, Sanaa

Entry into force: 20 August 1985.

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The Action Plan for the Conservation of the Mar r rine Environment and Coastal Areas in the Red Sea and Gulf of Aden (1982)

Introduction
1. The conservation of the marine environment and coastal areas of the Red Sea and Gulf of Aden for the benefit of the present and future generations will be the main objective of the Action Plan which sets forth a framework for an environmentally sound and comprehensive approach to coastal area development. 2. Recognizing the variety of problems and the numerous ongoing activities, the Action Plan has been based upon: 2.1 The Red Sea and Gulf of Aden Environment Programme initiated by the Arab League Educ r cational, Cultural and Scientific Organization (ALECSO) following the preparatory meeting organised by UNESCO at the request of ALECSO and held at Bremerhaven, FRG, 22c23rd October 1974 which included besides UNESCO, experts from specialised institutes in FRG, U.S.A, U.K, France, Saudi Arabia and Egypt. 2.2 Working papers and resolutions of the Jeddah First Expert Meeting, 25 Nov c 1 Dec. 1974, organized by ALECSO . 2.3 The Plan of Action for 1975 resulting from the Jeddah First Expert Meeting, and the contric r butions and assistance from ALECSO, UNEP, IUCN, UNESCO (Marine Science Division) and IMCO. 2.4 Working papers, reports, resolutions and recommendations of the Jeddah II Conference held by ALECSO in Jeddah,12c18 January 1978. 2.5 The Jeddah 1976 Declaration. 2.6 Final Act of the Kuwait Regional Conference of Plenipotentiaries on the Protection and Developc r ment of the Marine Environment and the Coastal Areas, Kuwait 15c23 April,1978.

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2.7 Working papers and recommendations of the Red Sea and Gulf of Aden Coordination Board and Directing Board (formed by ALECSO) at their successive meetings in Cairo (5c 11 Nov.1975), Amman (30 Aug.c 5 Sep.1976), Sanaa (12c17 Feb.1977), Mogadishu (24c29 Sept.1977) and Khartoum (23c28 Dec.1978). 2.8 The Red Sea and Gulf of Aden Expert Meeting organized by ALECSO Tunis (10c13 Feb.1980) to review the Programme policy. 2.9 The Draft Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment and the Draft Protocol Concerning Regional Cooperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency,as prepared by the Red Sea and Gulf of Aden Legal and Environmental Expert Meeting held in Jeddah (10c14 Jan.1981). 3. The Action Plan aims to achieve the following: 3.1 Assessment of the state of the environment including socioceconomic development acc r tivities related to environmental quality and of the needs of the Region in order to assist Governments to cope properly with environmental problems particularly those concerning the marine environment. Development of guidelines for the management of those activities which have an impact on environmental quality or on the protection and use of renewable marine resources on a sustainable basis. Development of legal instruments providing the legal basis for cocoperative efforts to protect and develop the Region on a sustainable basis. Supporting measures including national and regional institutional mechanisms and strucc r tures needed for the successful implementation of the Action Plan.

3.2

3.3

3.4

4. For this document the Region includes the Red Sea, the Gulf of Aqaba, the Gulf of Suez, the Suez Canal to its connection with the Mediterranean and the Gulf of Aden as bounded by the following rhumbclines: 4.1 From Ras Dharbat Ali (Lat.16 39 N, Long.53 03.5E). thence to a point (Lat.16 001 N, Long.53 25 E). thence to a point (Lat.12 40 N, Long.55 00 E) lying E.N.E. of Socotra Island, thence to Ras Hafun (Lat. 10 26 N, Long. 51 25 E). Other areas, adjacent to those described in item (1) above and lying within the national jurisdicc r tion of a Contracting Party may upon request made to the Qrganization established purc r suant to Article XVI of the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment be subjected to the application of the Convention or activities resulting therefrom.

4.2

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4.3

The Region does not include internal waters of the Contracting Parties unless otherwise stated in the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Enc r vironment or any of its protocols. The coastal area to be covered by the Action Plan will be identified by the relevant Govc r ernments of the Region on an adhoc basis depending on the type of activities to be carried out within the framework of the Action Plan. Nevertheless,coastal areas belonging to the Contracting Parties which are not covered by the Action Plan should not be a source of pollution.

4.4

5. All components of the Action Plan are interdependant and provide a framework for comprehensive action to contribute to both the protection and the continued development of the ecocregion. No component will be an end in itself. Each activity is intended to assist the Governments of the Region to improve the quality of the information on which environmental management policies are based. 6. The conservation of the marine environment and coastal areas is considered as the axis of the Action Plan; and it is intended that measures for marine and coastal environmental protection and development should lead to the promotion of human health and wellcbeing as the ultimate goal of the Action Plan. 7. The Action Plan is intended to meet the environmental needs and to enhance the environmental capabilities of the Region and is aimed primarily toward implementation through coordinated national and regional activities. To achieve this goal, an intensive training programme should be formulated in the early phases of the implementation of the Action Plan. 8. A general description of the various components of the Action Plan is given in the following paragraphs.

1 r Environmental Assessment
9. Environmental assessment is one of the basic activities which will underlie and facilitate the implementation of the other componenets of the Action plan. 10. The identification of the present quality of the marine environment and the factors currently influencing its quality and having an impact on human health will be given priority together with an assessment of expected developments. r 11. Although some basic data on the marine environment has been collected by some instituc tions in the Region, much remains to be done in the Region as a whole. Therefore, a coordinated r basic and applied regional marine sciences programme including a marine meteorological proc gramme will be formulated as basis for the protection of the marine environment of the Region. In formulating the operational details of these programmes,planned and ongoing national and regional programmes will be taken into account.

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The Action Plan r1982

12.The following programmes are recognized as components of the cocordinated regional environmental assessment programme: 12.1 Survey of national capabilities of the Region in the field of marine sciences including mac r rine meteorology covering: (a) (b) (c) (d) (e) (f) (g) Scientific and administrative institutions. Information centres and data sources. Research facilities and equipment. Manpower. Existing environmental laws and regulations. Ongoing and planned activities. Publications.

12.2 Assessment of geological and geophysical processes such as sedimentation contributing to, or modifying, the fate of pollutants in the Region, and their impact on human health, marine ecosystems and human activities,as well as effects of coastal and deep sea engineering and mining . 12.3 Assessment of the origin and magnitude of oil pollution in the Region comprising basec line studies on the sources of oil pollution and the transport and distribution of oil and petroleum hydrocarbon pollution. 12.4 Assessment of the magnitude of pollutants affecting human health and marine ecosystems of the Region consisting of: (a) survey of landcbased sources of industrial and municipal wastes discharged directly or indirectly into the sea or reaching it through the atmosphere. (b) studies on the impact of industrial and municipal wastes on human health including microcorganisms. (c) research on effects of pollutants and other human activities,such as dredging and land recc r lamation on important marine species,communities and ecosystems. (d) basecline studies and monitoring of the levels of selected pollutants, in particular heavy metals, in marine organisms. 12.5 Assessment of factors relevant to the ecology of the Region and to the exploitation of its living resources including: (a) survey of environmental parameters of the coasts of the Region, including floral cover, faunal distribution,weather conditions and community habitations and dissemination of data collected. (b) biology of coral reefs and marine species especially those of commercial importance such as fisheries including crustaceans, molluscs and their stock assessment and the biology of other marine organisms threatened by extinction (c) plankton productivity and distribution.

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13. The programmes listed in paragraph 12 are interdisciplinary and interrelated in nature.Therefore, while preparing the operational details of each programme, due attention should be paid to their close coordination in order to avoid duplication. 14. The priorities to be assigned to the activities listed in paragraph 12 will be determined by the Governments of the Region taking into account the present level of development in the Region and the pressing need to provide reliable and comparable data on which sound management decisions can rest. 15. The agreed programmes will be executed, primarily, through existing national institutions within the framework of regional cooperation keeping in mind that for some projects a training programme should be formulated. The assistance of experts from outside the Region might be required in the initial phases of some projects but giving priority to local experts. 16. Operational details of each programme will be developed primarily by experts nominated by the Governments of the Region. The execution of approved programme shall not begin except after due adoption by Governments of documents containing operational details and nomination of national institutions participating in implementation.

11 c Environmental Management
17. Continuous socioceconomic development can be achieved on a sustainable basis if environmental considerations are taken into account. To assist the Governments of the Region in the development of appropriate policies and strategies for conservation of the marine environment of the Red Sea and the Gulf of Aden, the Action Plan should aim to carry out the following preparatory activities: 17.1 Preparation and updating of a directory of Governmentcdesignated institutions available in the Region and active in fields related to the environmental management components of the Action Plan. 17.2 Assessment of present and future development activities and their major environmental impact in order to evaluate the degree of their influence on the environment and to find appropriate measures to either eliminate or reduce any damaging effects which they may have. 17.3 Identification of the most relevant ongoing national, regional or internationally supported development projects which have beneficial environmental effects such as various FAO projects for fisheries development or environmental health activities and projects sponc r sored by WHO or by UNIDO assistance programmes on the treatment of industrial wastes. The most significant of these projects should be strengthened and expanded to serve as demonstration and training sites on a regional basis. 18. Furthermore in view of the priorities and needs of the Region, the following cooperative programmes relevant to the management of regional environmental problems stemming from

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national development activities will be undertaken: 18.1.a. Rational exploitation and management of marine living resources on a sustainable basis. 18.1.b. The establishment of aquatic and land protected areas such as marine protected areas e.g., coral reef protected areas, wetlands, marine parks and other protected areas 18.2 Assistance in development and interccoordination of national capabilities in science and engineering knowledge needed for regional environmental protection 18.3 Strengthening the national public health services and their coordinations wherever transc boundary interests require it 18.4 Coordination of national water management policies including community water supply and water quality control, whenever they may have impact on the marine environment of the Region 18.5 Development of principles and guidelines for coastal area development and management through workshops and seminars including those on environmental impact assessment 18.6 Formulation of national contingency plans for combating oil pollution. 18.7 Upkeep of records of pollution incidents by oil or other harmful substances in the Region including information on the impact of such pollution on the marine environment. 19. As part of the activities and programmes for regional cooperation mentioned in paragraphs 17 and 18, an extensive training programme should be developed for personnel from the Region. Such a programme may be executed through training at existing national, regional or international institutions ready to offer their facilities. 20. All concerned parties should cooperate in lending complete support by devoting adequate resources to systematic and regular campaigns for public awareness of environmental issues in the Region. Thus conservation and enhancement of marine and coastal environment can be achieved.

IIIc Institutional And Financial Arrangements


21. In establishing institutional arrangements for carrying out the Action Plan, a mechanism should be formed which utilizes, to the greatest possible extent, the national capabilities available in the Region and the capabilities of existing regional and international organisations and coordination bodies which would deal with national institutions through the appropriate national authorities of the States concerned. Where necessary, national institutions should be strengthened so that they may participate actively and effectively in the various programmes.

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PERSGA

22. ALECSO will be resposible for such interim arrangements as may be required for the achievement of the objectvies of the Action Plan. Such interim arrangements include the continuation of the existence of the Red Sea and Gulf of Aden Interim Administration, for the purpose of the implec r mentation and supervision of the Action Plan until the permanent Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment is established. In order to fulfill this task the Interim Administration should have adequate professional and supporting staff. 23. The Interim Administration shall be responsible for the overall cocordination of the Action Plan and other matters arising from the Convention and its protocols. The Interim Administration should convene annual meetings of the Interim Council for the Conservation of the Red Sea and Gulf of Aden Environment to adopt operational details of the Action Plan, to set project priorities and to supervise implementation. The Interim Council shall be formed of representatives of the Contracting Parties nominated by their national authorities. The Director General of ALECSO shall inform the Contracting Parties of the formation of said Interim Council. 24. The Executive Director of the Red Sea and Gulf of Aden Environment Programme will invite governmental expert Groups nominated by the Contracting Parties, to meet from time to time, to review progress achieved pursuant to the recommendations set forth in the Action Plan and to the resolutions of the Interim Council for the Conservation of the Red Sea and Gulf of Aden Environment, and for the purpose of advising the development of additional activities. 25. The Governments of the Region agree to the necessity of establishing a Marine Emergency Mutual Aid Centre. The Centre should have primarily a coordinating role in exchange of information, training programmes and monitoring. The possibility of the Centre initiating operations to combat pollution by oil and other harmful substances may be considered at a later stage in accordance with arc r ticle III of the Protocol concerning Regional Cooperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency. 26. Responsibilities should be transfered from the Interim Administration to the Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment as soon as this Organization is established. 27. It is proposed that the programme be financed by contributions by the Governments to be estimated on the basis of mutual agreement and supplemented, especially in the initial stages, by assistance that could be made available from regional and international bodies. The ultimate aim should be to make the programme self c supporting within the regional context, not only by developing institutional capabilities to perform the required tasks, but also by supporting training, provision of equipment and other forms of assistance from within the Region.

IV c Legal Component
28. Regional legal agreements provide a fundamental basis for regional cooperation to protect the marine environment in the Region. Recognizing the importance of sound environmental development of

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The Action Plan r1982

the Region, the Governments agree to the need for early ratification of the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment. 29. It is recommended that ALECSO should, in cooperation with the Governments concerned, convene intercgovernmental groups to prepare additional protocols which will include: 29.1 Pollution from land based sources. 29.2 Pollution resulting from exploration and exploitation of the sea bed, the continental shelf and the sub soil. 29.3 Scientific and technical cooperation in the field of marine environment and coastal areas conservation. 29.4 Development, conservation, protection and harmonious utilization of the marine living resources of the Region. 29.5 Liability and compensation for damage resulting from pollution of the marine environc r ment. 29.6 Any protocol on other subjects found important to the Region during the execution of the Action Plan. 30. Aware of the need to give special protection to the Region against pollution from ships through normal operations or dumping activities, an appeal is made to Governments of the Region to strengthen measures for implementation of the relevant international conventions.

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PERSGA

In witness whereof, the undersigned Plenipotentiaries, being duly authorized by their respective Governments, have signed the present Action Plan.

For the Government of: The Hashemite Kingdom of Jordan, The Kingdom of Saudi Arabia, The Republic of the Sudan, The Democratic Republic of Somalia Palestine The Republic of Yemen Done at the city of Jeddah on Saturday 20 Rabie Althani 1426 (H) corresponding to 14 February 2005

Date of ratification of the Action Plan by Member States


State Djibouti Egypt Jordan Saudi Arabia Somalia Sudan Yemen Date of Application 2c3c1998 31c5c1990 7c9c1988 22c5c1985 1c3c1988 5c6c1984 29c5c1982 Focal Point Ministere de LEnvironment du Tourisme et de LArtisanat Council of Ministers, Environmental Affairs Agency, Cairo Ministry of Municipalities and Rural Affairs, Division of Environment Meteorology and Environmental Protection Administration, Jeddah Ministry of Fisheries and Marine Transportation, Mogadishu National Council for Research, Khartoum University of Sanaa, Sanaa

Entry into force: 20 August 1985.

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Arab League Educational, Cultural and Scientific Organization

Final Act
of the Jeddah Plenipotentiary Regional Conference on the Conserv v vation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden JEDDAH 13v15 February 1982
Red Sea and Gulf of Aden Environment Programme
1v The Jeddah Regional Conference of Plenipotentiaries on the Conservation of the Marine Env v vironment and Coastal Areas in the Red Sea and Gulf of Aden was convened in the City of Jedv v dah at the invitation of the Government of The Kingdom of Saudi Arabia and according to the arrangements made by the Arab Educational Cultural and Scientific Organization (ALECSO) for the realization of the Jeddah 1976 Declaration. 2v Meetings were held at Kandara Palace Hotel during the period 13v15 February 1982 followv v ing the closure of the Meeting of Experts of Plenipotentiaries for the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden held at the Headquarters of the Meteorology and Environmental Protection Administration (MEPA) in Jeddah during the period 6 -11 February 1982 and which was attendend by representatives of the States and Organizations attended this Conference in addition to representatives from: - The Gulf States Arab Education Office. - The Islamic Development Bank. - The International Union for the Conversation of Nature and Natural Resources ( IUCN ). 3v The following States were invited: Hashemite Kingdom of Jordan, Republic of Djibouti, Kingdom of Saudi Arabia, Republic of Sudan, Democratic Republic of Somalia, Palestine, Republic of Yemen. All invited States except Djibouti attended the Conference. 4- An ALECSO delegation including a representative of the League of Arab States participated in the Conference. 5- The following Arab, Islamic and International Organizations were represented: - The Saudi Sudanese Commission for the Exploitation of the Red Sea Resources. - The United Nations Environment Programme (UNEP). - The United Nations Educational Scientific and Cultural Organization (UNESCO). - The Intergovernmental Oceanographic Commission (IOC). - The Intergovernmental Maritime Consultative Organization (IMCO).

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Final Act v1982

6- The Conference was inaugurated by Mr. R. M. Alromaih, Director General of MEPA and the Plenipotentiary of the Government of Saudi Arabia, as representative of the host State. His Royal Highness Prince Saud Ibn Abdulmohsen Alsaud, The Governor of the Holy Mecca Region, then welcomed the Conference. Other inaugural speeches were delivered by: Dr. Saeed, Assistant Director General of ALECSO and by Dr. A. A. Banaja, Executive Director of the Red Sea and Gulf of Aden Environment Programme (PERSGA). Inaugural speeches were concluded by Mr. M. Z. Alnashashibi, the Plenipotentiary of the Palestine Liberation Organization (P.L.O) on behalf of participating States. 7- After the inaugural ceremony, the delegates elected Mr. P. M. Alromaih, as President of the conference. All heads of delegations were nominated vice-presidents. Dr. D. H. Nasr of Sudan delegation was nominated Rapporteur to the Conference. The Conference then adopted its Agenda and formed working committees as follows: Credential Committee: Chairman: Mr. R. M. Alromaih ( Saudi Arabia ) Members: Mr. A. H. Abdeen ( Jordan ) Dr. D. H. Nasr ( Sudan ) Draft Committee: Chairman: Mr. R. M. Alromaih ( Saudi Arabia ) Members: All member experts of delegations. 8v The following are the main documents constituting the basis of the Conference deliberations: (a) Draft Regional Convention for the Conservation of the Red Sea and Gulf of Aden Env v vironment. (b) Draft Protocol concerning Regional Cooperation for Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency. (c) Draft Action Plan for the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden . (d) Recommendation to the Plenipotentiaries by the Exper t Meeting 6-11 February 1982 concerning the signing of the Convention and Protocol and the adoption of the Action Plan. (e) Draft Resolutions: 1v Draft Resolution concerning Financial Arrangements for the Action Plan during 1982 and 1983. 2v Draft Resolution concerning ratification of the Convention and Protocol. 3v Draft Resolution concerning Administrative Arrangements for the Action Plan Operation. 9v After concluding the procedures, the President opened deliberations by requesting Dr. A. A. Algain, Chairman of the Expert Meeting to read out the recommendation made by that

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PERSGA

Meeting and addressed to the Plenipotentiaries for their signature of the Convention and Protov v col and for adoption of the Action plan. 10- The President then tabled the Draft Resolutions contained in the documents. The Conference adopted the following resolutions: (a) Resolution concerning Financial Arrangements for the Action Plan during 1982 and 1983. (b) Resolution concerning Ratification of the Convention and Protocol. 11- The President then adjourned the session for fifteen minutes to allow heads of delegations recess to study the Draft Resolution concerning Administrative Arrangements for the Action Plan Operation. After recess the session was resumed where the Conference adopted the Resolution drafted on the matter. 12v Thus the Conference adopted the following resolutions: (a) (b) (c) (d) (e) Resolution concerning Financial Arrangements for the Action Plan during 1982 and 1983. Resolution concerning Ratification of the Convention and Protocol. Resolution concerning Administrative Arrangements for the Action Plan Operation. Tribute to ALECSO. Acknowledgement to the following International Organisations and bodies: v UNEP - UNESCO - IOC - IMCO v IUCN (f) (g) Acknowledgement to the Executive Administration of the Red Sea and Gulf of Aden Environment Programme. Tribute to the Government of The Kingdom of Saudi Arabia.

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Final Act v1982

In witness whereof, the undersigned Plenipotentiaries, being duly authorized by their respective Governments, have signed the present Final Act.

For the Government of: The Hashemite Kingdom of Jordan, The Kingdom of Saudi Arabia, The Republic of the Sudan, The Democratic Republic of Somalia Palestine The Republic of Yemen Done at the city of Jeddah on Saturday 19 Rabie Althani 1426 (H) corresponding to 13 February 2005.

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PERSGA

Resolutions

The Jeddah Plenipotentiary Regional Conference on the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden
JEDDAH 13v15 February 1982
1- Resolution concerning Financial Arrangements for the Action Plan during 1982 & 1983 The Plenipotentiaries of Governments participating in the Conference. Having adopted the Action Plan for the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden, and having signed the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment and the Protocol attached thereto concerning Regional Cooperation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency. Acknowledging the initiative of the Director General of ALECSO to render assistance and conv tribute to the costs of implementing the Action Plan for the Conservation of the Marine Enviv v ronment and Coastal Areas in the Red Sea and Gulf of Aden . Taking in consideration that the total cost for implementing Phase I of the Action Plan during 1982 & 1983 is estimated at six million U.S. Dollars. They resolve the following: Recommending the Contracting Parties to start the implementation of the Action Plan and to contribute to its financing based on the percentage shares of member States within the League of Arab States. Requesting the Interim Executive Administration of the Red Sea and Gulf of Aden Environment Programme to convene,soonest possible, the Interim Council for the Conservation of the Red Sea and Gulf of Aden Environment in order to adopt the budget for 1982-1983 and to fix the contributions of Member States according to the agreed percentage shares. 2- Resolution concerning Ratification of the Convention and Protocol The Plenipotentiaries of Governments participating in the Conference having signed the following two documents: (a) The Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment. (b) The Protocol concerning Regional Cooperation for Combating Pollution by Oil and Other Harmful Substances in Cases of Emergencey.

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Final Act v1982

And having adopted the Final Act of the Conference realizing that problems of conserving the marine environment are vital for the benefit of the present and future generations and call for prompt confrontation and treatment. They recommend the Contracting Parties for early ratification of said two documents. 3- Resolution concerning Administrative Arrangements for the Action Plan Operation The Plenipotentiaries of the Governments participating in the Conference. Having adopted the Action Plan for the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden. And having signed the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment and the Protocol concerning Regional Cooperation in Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency. Appreciating the hosting of the Interim Executive Administration of ALECSO Red Sea and Gulf of Aden Environment Programme by the Government of Saudi Arabia for more than one year now. Referring to Article XVI of the initialled Convention designating the City of Jeddah as permanent headquarters of the Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment. Referring also to Articles 22, 23 and 24 of the Action Plan, which articles deal with the Interim Council for the Conservation of the Red Sea and Gulf of Aden Environment and with the present Administration belonging to ALECSO and which articles assigns to the latter Administration the responsibility of starting Action Plan implementation. They resolve the following: (a) Recommending the Government of Saudi Arabia to complete all interim arrangements necessary for the headquarters of the interim Executive Administration of the Red Sea and Gulf of Aden Environment Programme so that it can be able to discharge its duties. Calling upon the Regional Organization for the Conservation of the Red Sea and Gulf of Aden Environment established by Article XVI of the Convention to enter negotiations with the Government of Saudi Arabia for hosting its permanent headquarters. Requesting the Executive Director of the Red Sea and Gulf of Aden Programme to start negotiations with the Government of Saudi Arabia for realization of what is stated in 2. above.

(b)

(c)

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Protocol Concerning Regional Cotoperation in Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency (1982)

The Contracting Parties of Jeddah Convention,


Being Parties to the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment (hereinafter referred to as the Convention), Conscious of the evertpresent potentiality of emergencies which may result in substantial pollution by oil and other harmful substances, and of the need to provide also; cooperative and effective measures to deal with them. Being aware that appropriate measures for responding to pollution emergencies need to be ent t hanced on a national and regional basis to deal with this problem in a comprehensive manner for the benefit of the Red Sea and Gulf of Aden environment, Have agreed as follows:

Article I
For the purposes of this Protocol the following terms and expressions have the meanings indicated below, except when otherwise inferred from the text: 1. Appropriate Authority: either the National Authority defined in Article I of the Convent t tion, or the authority or authorities within the Government of a Contracting Party, designated by the National Authority and responsible for: (a) Combating or otherwise operationally responding to marine emergencies. (b) Receiving and coordinating information on marine emergencies. (c) Coordinating available national capabilities for dealing with marine emergencies in general within its own Government and with other Contracting Parties. 2. Marine Emergency: any casuality, incident, occurrence or situation, however caused, resulting in substantial pollution or imminent threat of substantial pollution to the marine environment by oil or other harmful substances and includes collisions, strandings and other incidents involving ships, including tankers, blowtouts arising from petroleum drilling and production activities, and the presence of oil or other harmful substances arising from the failure of industrial installations.

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Emergency Protocol

3. Marine Emergency Contingency Plan: a plan or plans, prepared on a national, bilateral or multilateral basis, designed to coordinate the deployment, allocation and use of personnel, material, resources and equipment for the purpose of responding to marine emergencies. 4. Marine Emergency Response: any activity intended to prevent, mitigate or eliminate pollut t tion by oil or other harmful substances or threat of such pollution resulting from marine emert t gencies. 5. Related Interests: the interests of a Contracting Party directly or indirectly affected or threatened by a marine emergency such as: (a) Maritime, coastal, port or estuary activities, including fisheries activities. (b) Historic and touristic attractions. (c) The health of the coastal population and the conservation of living marine resources and wildlife. (d) Industrial activities which rely upon intake of water, including distillation plants, and industrial plants using circulating water. 6. Convention: the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment. 7. Council: the organ of the Regional Organization for Conservation of the Red Sea and Gulf of Aden Environment established under Article XVI of the Convention. 8. Centre: the Marine Emergency Mutual Aid Centre established under Article III, paragraph 1, of the present Protocol.

Article II
1. The Contracting Parties shall cooperate in taking the necessary and effective measures to protect the coastline and related interests of one or more of the Parties from the threat and effects of pollution due to the presence of oil or other harmful substances in the marine environment resultt t ing from marine emergencies. 2.The Contracting Parties shall endeavour to maintain and promote, either individually or through bilateral or multilateral cooperation, their contingency plans and means for combating pollution in the Red Sea and Gulf of Aden by oil and other harmful substances. These means shall include, in particular, available equipment, ships, aircraft and manpower prepared for operation in cases of emergency.

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PERSGA

Article III
1. The Contracting Parties hereby establish the Marine Emergency Mutual Aid Centre. 2. The objectives of the Centre shall be: (a) To strengthen the capacities of the Contracting Parties and to facilitate cooperation amongst them in order to combat pollution by oil and other harmful substances in cases of marine emergencies. (b) To assist Contracting Parties, which so request, in the development of their own national capabilities to combat pollution by oil and other harmful substances and to cot ordinate and facilitate information exchange, technological cooperation and training. (c) A later objective, namely, the possibility of initiating operations to combat pollution by oil and other harmful substances at the regional level, may be considered.This possibility should be submitted to approval by the Council after evaluating the results achieved in the fulfillment of the previous objectives and in light of financial resources which could be made available for this purpose. 3. The functions of the Centre shall be: (a) To collect and disseminate to the Contracting Parties information concerning matters covered by this Protocol, including: (i) Laws, regulations and information concerning appropriate authorities of the Contracting Parties and marine emergency contingency plans referred to in Article V of this Protocol. (ii) Information available to the Contracting Parties concerning methods, techniques and research relating to marine emergency responses referred to in Article VI of this Protocol. (iii) List of experts, equipment and materials available for marine emergency ret t sponses by the Contracting Parties. (b) To assist the Contracting Parties, as requested: (i) In the preparation of laws and regulations concerning matters covered by this Protocol and in the establishment of appropriate authorities. (ii) In the preparation of marine emergency contingency plans. t (iii) In the establishment of procedures under which personnel, equipment and mat terials involved in marine emergency responses may be expeditiously transportt t ed into, out of, and through the territories of the Contracting Parties. (iv) In the transmission to the Contracting Parties of reports concerning marine emergencies; and (v) In promoting and developing training programmes for combating pollution. (c) To coordinate training programmes for combating pollution and prepare comprehent t sive antitpollution manuals.

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(d) To develop and maintain a communication/information system appropriate to the needs of the Contracting Parties and the Centre for the prompt exchange of information concerning marine emergencies required by this Protocol. (e) To prepare inventories of the available personnel, materials, vessels, aircraft, and other spet t cialized equipment for marine emergency responses. (f) To establish and maintain liaison with competent regional and international organizations, part t ticularly the IntertGovernmental Maritime Consultative Organization, for the purposes of obtaining and exchanging scientific and technological information and data, particularly with regard to any new technology which may assist the Centre in the performance of its functions. (g) To prepare periodic reports on marine emergencies for submission to the Council; (h) To perform any other functions assigned to it either by this Protocol or by the Council. 4. The Centre may fulfil additional functions necessary for initiating operations to combat pollution by oil and other harmful substances on a regional level, when authorized by the Council, in accordance with paragraph 2(c) above.

Article IV
1. The present Protocol shall apply to the Sea Area specified in paragraph 1 of Article II of the Convention. 2. For the purposes of dealing with a marine emergency, internal waters, including ports, harbours, estuaries, bays and lagoons, may be treated as part of the Sea Area if the Contracting Party concerned so decides.

Article V
Each Contracting Party shall provide the Centre and the other Contracting Parties with information concerning: (a) Its appropriate authority. (b) Its laws, regulations, and other legal instruments relating generally to matters addressed in this Protocol, including those concerning the structure and operation of the authority referred to in paragraph (a) above. (c) Its national marine emergency contingency plans.

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Article VI
Each Contracting Party shall provide the other Contracting Parties and the Centre with information concerning: (a) Existing and new methods, techniques, materials, and procedures relating to marine emergency responses. (b) Existing and planned research, their results and development in the areas referred to in paragraph (a) above.

Article VII
1. Each Contracting Party shall direct its appropriate officials to require masters of ships, pilots of aircraft and persons in charge of offshore platforms and other similar structures operating in the marine environment and under its jurisdiction to report the existence of any marine emergency in the Sea Area to the appropriate national authority and to the Centre. 2. Any Contracting Party receiving a report pursuant to paragraph 1 above shall promptly inform the following of the marine emergency: (a) The Centre. (b) All other Contracting Parties. (c) The flag State of any foreign ship involved in the marine emergency concerned. 3. The content of the reports, including supplementary reports where appropriate, referred to in paragraph 1 above should conform to the form to be adopted by the Centre. 4. Any Contracting Party which submits a report pursuant to paragraphs 2 (a) and 2 (b) above, shall be exempted from the obligations specified in paragraph 2 of Article IX of the Convention.

Article VIII
The Centre shall promptly transmit information and reports which it receives from a Contracting Party pursuant to Articles V, VI and paragraph 2 of Article VII of this Protocol to all other Contracting Parties.

Article IX
Any Contracting Party which transmits information pursuant to this Protocol may specifically ret t strict its dissemination. In such a case, any Contracting Party to which this information has been transmitted, or the Centre, shall not divulge it to any other person, Government, or to any public or private organization without the specific authorization of the former Contracting Party.

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Article X
Any Contracting Party faced with a marine emergency situation shall: (a) Take every appropriate measure to combat pollution and/or to rectify the situation. (b) Immediately inform all other Contracting Parties, either directly or through the Centre, of any action which it has taken or intends to take to combat the pollution.The Centre shall promptly transmit any such information to all other Contracting Parties. (c) Make an assessment of the nature and extent of the marine emergency, either directly or with the assistance of the Centre. (d) Determine the necessary and appropriate action to be taken with respect to the marine emergency, in consultation with other Contracting Parties, affected States and the Centre.

Article XI
1. Any Contracting Party requiring assistance in a marine emergency response may call for assistance directly from any other Contracting Party or through the Centre. Where the services of the Centre are utilized, the Centre shall promptly transmit requests received to all other Contracting Parties. The Contracting Parties to whom a request is made pursuant to this paragraph shall use their best endeavours within their capabilities to render the assistance requested. 2. The assistance referred to in paragraph 1 above may include: (a) Personnel, material, and equipment, including facilities or methods for the disposal of recovered pollutants. (b) Surveillance and monitoring capacity. (c) Facilitation of the transfer of personnel, material and equipment into, out of and through the territories of the Contracting Parties. 3. The services of the Centre may be utilized by the Contracting Parties to cotordinate any mat t rine emergency response in which assistance is called for pursuant to paragraph 1 above. 4. Any Contracting Party calling for assistance pursuant to paragraph 1 above shall report the activities undertaken with this assistance and its results to the Centre. The Centre shall promptly transmit any such report to all other Contracting Parties. 5. In cases of special marine emergencies, the Centre may call for the mobilization of resources made available by the Contracting Parties to combat pollution by oil and other harmful subt t stances.

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Article XII
1. Having due regard to the functions assigned to the Centre under this Protocol, each Contracting Party shall establish and maintain an appropriate Authority to carry out fully its obligations under this Protocol. With the assistance of the Centre, the appropriate authority of each Contracting Party shall cooperate and cotordinate its activities with counterparts in the other Contracting Parties. 2. Among other matters with respect to which cooperation and cotordination efforts shall be directed under paragraph 1 above are the following: (a) (b) (c) (d) (e) Distribution and allocation of stocks of materials and equipment. Training of personnel for marine emergency responses. Marine pollution surveillance and monitoring activities. Methods of communication in respect to marine emergencies. Facilitation of the transfer of personnel, equipment and materials involved in marine emert t gency responses into, out of, and through the territories of the Contracting Parties. (f) Other matters to which this Protocol applies.

Article XIII
The Council shall: (a) Review periodically the activities of the Centre performed under this Protocol. (b) Decide on the degree to which, and stages by which, the functions of the Centre set out in Article III will be implemented. t (c) Determine the financial, administrative and other support to be provided by the Cont tracting Parties to the Centre for the performance of its functions. This Protocol, considered an integral part of the Convention, shall be deposited with the Government of Saudi Arabia who shall act as Depositary pursuant to Article XXIX of the Convention and who shall transmit certified copies of it to the Contracting Parties. Certified copies of this Protocol shall be deposited, together with the Convention, with the General Secretariat of the League of Arab States in accordance with Article 17 of the Charter of the Arab League and registered with the SecretarytGeneral of the United Nations in accordance with Article 102 of the Charter of the United Nations.

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Emergency Protocol

In witness whereof, the undersigned Plenipotentiaries, being duly authorized by their respective Governments, have signed the present Protocol. For the Government of: The Hashemite Kingdom of Jordan, The Kingdom of Saudi Arabia, The Republic of the Sudan, The Democratic Republic of Somalia Palestine The Republic of Yemen

Done at the city of Jeddah on Saturday 20 Rabie Althani 1426 (H) corresponding to 14 February 2005

Date of ratification of the present Protocol by Member States


State Djibouti Egypt Jordan Saudi Arabia Somalia Sudan Yemen Date of Application 2t3t1998 31t5t1990 7t9t1988 22t5t1985 1t3t1988 5t6t1984 29t5t1982 Focal Point Ministere de LEnvironment du Tourisme et de LArtisanat Council of Ministers, Environmental Affairs Agency, Cairo Ministry of Municipalities and Rural Affairs, Division of Environment Meteorology and Environmental Protection Administration, Jeddah Ministry of Fisheries and Marine Transportation, Mogadishu National Council for Research, Khartoum University of Sanaa, Sanaa

Entry into force: 20 August 1985.

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Protocol Concerning the Conservation of Biological Diversity and the Establishment of Network of Protected Areas in the Red Sea and Gulf of Aden (2005)
The Contracting Parties of Jeddah Convention,
Being Parties to the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment, adopted in 1982, and its associated Protocol (hereinafter referred to as the Conv v vention). Conscious of the continued pressures on the marine and coastal areas and their ecosystems within their respective territories and elsewhere, due to the process of urbanization, population growth, economic development, and other factors which may result in substantial decline of biodiverv v sity, and of the need to provide covoperative and effective measures to deal with and minimize them. Stressing the importance of safeguarding biodiversity and, as appropriate, improving the state of the natural and cultural heritage of the PERSGA region, in particular through the enhancement of protected marine and coastal areas and also by the protection and conservation of threatened species, on a national and regional basis to deal with this problem in a comprehensive manner. Recognizing that adoption and eventual ratification/accession of the Protocol will provide many national, regional and global benefits including: contribution to the conservation of endemic, mig v gratory, regional and globally significant species of fauna and flora; reduction of the loss and degradation of coastal and marine ecosystems in the region; enhancement of sociogeconomic development in the region, through the sustainable use of coastal and marine resources, including fishing and tourism; facilitation of the development and implementation of integrated coastal and marine resource management procedures; assistance to other regions in the preparation of similar legal frameworks for access to, sustainable use of, and equitable sharing of the benefits developed from, their genetic resources and; improvement of regional collaboration, particularly concerning issues of a transvboundary nature and by providing vehicles for public awareness, education and research. Considering the principles enunciated in instruments adopted by the United Nations Conference on Environment and Development and particularly the Convention on Biological Diversity (Rio de Janeiro, 1992), including the Jakarta Mandate and its five thematic themes, as well as the instrug v ments of other relevant international agreements and programme of actions dealing directly or indirectly with biodiversity conservation and protected areas. Also noting that when there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be invoked as a reason for postponing measures to avoid or minimize such a threat.

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Reaffirming that all States shall cooperate to conserve, protect and restore the health and integv v rity of marine and coastal ecosystems and that in view of the different contributions to global environmental degradation, States have common responsibilities in the pursuit of sustainable dev v velopment. Have agreed as follows:

PART 1. General Provisions Article 1: Objectives


1. To provide for the conservation, protection and restoration of the health and integrity of the ecosystems and biological diversity in the PERSGA region. 2. To safeguard the threatened species, the critical habitats, sites of particular importance, as well as representative types of coastal and marine ecosystems, their biodiversity and their sustainable use and management, to ensure longvterm viability and diversity.

Article 2: Use of Terms


For the purpose of this Protocol the following terms and expressions have the meanings indicated below, except when otherwise inferred from the text: 1. Protocol: The Protocol Concerning the Conservation of Biological Diversity and Establishv v ment of Protected Areas. 2. Organization: means the Regional Organization for the Conservation of the Red Sea and Gulf of Aden (PERSGA). 3. Contracting Parties: means those Parties which have ratified this Protocol. 4. Convention: means the Regional Convention for Conservation of the Red Sea and Gulf of Aden Environment, 1982. 5. Council: means the Council of the Organization. 6. Competent Authority (otherwise National Focal Point): means the authority designated by each Contracting Party, as responsible for the coordination for implementing this protocol. 7. The Region: means the Red Sea and Gulf of Aden Region. 8. Biological diversity: means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which

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they are part; this includes diversity within species, between species and of ecosystems. 9. Habitat: means the place or type of site where an organism or population naturally occurs. 10. In land water: means waters on the landward side of the baseline of the territorial sea formg v ing part of the internal waters of the state. 11. Protected area: means a geographically defined costal and marine areas that are designated or regulated and managed to achieve specific conservation objectives. 12. Biological resources: includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential value for humanity. 13. Biotechnology: means any technological application that uses biological systems, living org v ganisms, or derivatives thereof, to make or modify products or processes for specific use. 14. Carrying capacity: means the capacity of a natural system, such as a coral reef, to support tourism, recreation or other human activities, according to physical, ecological and socioeconomic criteria. 15. Ecosystem: means a dynamic complex of plant, animal and microgorganism communities interacting with their nonvliving environment as an ecological unit. 16. Endemic species: means any species believed to occur only in a specified geographic region in the wild. 17. Alien species: means species or subgspecies that have been introduced into an area outside their past or present natural distribution. 18. Threatened species: means any taxon whose survival is significantly jeopardized by human activities or other factors. It is a collective term encompassing the following IUCN (The World Conservation Union) categories: v Critically Endangered (taxa facing an extremely high risk of extinction in the wild). v Endangered (taxa facing a very high risk of extinction in the wild) and v Vulnerable (taxa facing a high risk of extinction in the wild). 19. Domesticated or cultivated species: means species in which the evolutionary process has been influenced by humans to meet their needs. 20. Technology: means the practice, description and terminology of any or all of the applied sciences which have practical and/or industrial use, including biotechnology. 21. Genetic resources: means genetic material of actual or potential value. 22. Sustainable use: means the use of components of biological diversity in a way and at a rate

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that does not lead to the longvterm decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations. 23. Country of origin of genetic resources: means the country which possesses those genetic resources in invsitu conditions. 24. Country providing genetic resources: means the country supplying genetic resources colg v lected from invsitu sources, including populations of both wild and domesticated species, or taken from exvsitu sources, which may or may not have originated in that country.

Article 3: Area of Application


The Protocol shall include the Sea Areas as defined in the Convention, together with the inland sea waters of the Contracting Parties, as well as the terrestrial coastal areas, the saltwater marshes communicating with the sea, and any terrestrial coastal areas designated by each of the Contractv v ing Parties, including wetlands.

Article 4: General Obligations


Contracting Parties shall take all appropriate measures to: 1. Protect, conserve and manage their natural biological diversity with particular emphasis on threatened species. 2. Protect, preserve and manage in an environmentally sound and sustainable manner areas that are unique, highly sensitive or regionally representative, notably by the establishment of protected areas. 3. Adopt strategies, plans and programmes for the conservation of biodiversity and the sustainable use and management of marine and coastal biological resources. 4. Adopt appropriate planning, management and supervision including legislation and monitoring measures for the protected areas, including contingency plans for environmental emergencies. 5. Adopt comprehensive Environmental Impact Assessment (EIAs) to evaluate the suitability of proposed mariculture operations, assess their consequences for coastal and marine biological diversity and promote techniques which minimize adverse impacts. 6. Control landgbased and seagbased sources of pollution that pose a significant impact on habitats and species. 7. Ensure that systems of coastal and/or landguse and tenure provide for interggenerational equity and are consistent with the principles for conservation and sustainable resource use and managev v ment; and

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8. Designate Competent Authorities responsible for the fulfillment of the obligations and duties specified in the Protocol.

PART 2. Protection and Conservation of Species Article 5: List of Threatened Species


1. Contracting Parties shall provide inventories of threatened species, if applicable, , adopting The World Conservation Union (IUCN) criteria to define these species. These inventories shall cong v stitute Annex 1 to this Protocol. 2. Contracting Parties shall consider developing and applying common, preferably quantitative criteria to determine species which are threatened at the regional level, as appropriate. 3. Contracting Parties shall periodically provide an account of measures being undertaken to conv v serve populations of threatened species, if applicable. , The effectiveness of such measures will be assessed using common criteria, and plans for additional action may be established as necessary. 4. The status of internationally recognized threatened species, as well as the nature and magnitude of impacts threatening their survival, should be monitored periodically by Contracting Parties according to common criteria such as population size, extent of occurrence, number of mature individuals and estimated immediacy of extinction.

Article 6: List of Species Whose Exploitation is Regulated


Contracting Parties shall provide periodical lists of aquatic species of commercial and/or cultural value, such as shells used for local trade, species of local importance and/or other harvested speg v cies whose exploitation is regulated by this Protocol. The lists shall include their population status and measures for restoration of population decline, if applicable. These lists shall constitute Annex 2 to this Protocol.

Article 7: Maintenance of Threatened Species and Species of Economic/cultural importance


1. Contracting Parties shall endeavor to maintain sustainable fisheries and sustainable populations of other harvested species, inter alia by adopting as appropriate regional and national fisherg v ies policies and plans, and by protecting critical life cycle stages of key fishery species including shrimps. These stages include nursery, development, and spawning in feeding areas, as well as shelter areas. 2. Contracting Parties shall make every effort to safeguard the habitats of threatened species and v species of economic/cultural importance, and to limit negative impacts on these habitats and asg sociated species caused directly or indirectly by human activities.

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3. Contracting Parties shall pursue conservation actions for these species at regional level, as appropriate, because a number of them are migratory. Contracting Parties shall regulate recrev v ational activities and provide conservation measures for threatened species and species of ecov v nomic/cultural importance.

Article 8: Alien Species and Genotypes


1. Contracting Parties shall prevent the introduction to the wild of nonvindigenous or genetically modified species and prohibit those that may have harmful impacts on the ecosystems, habitats or species. 2. Contracting Parties shall control and regulate those already introduced alien species through monitoring, and shall eradicate such species if possible. 3. Contracting Parties shall periodically provide a report for each identified alien species or genog v type, in accordance with a common regional format.

PART3. Protection of selected regionaly representative marine and coastal areas Article 9: Establishment of the List of Protected Areas of Importance to the PERSGA Region
1. In order to promote cooperation in the management and conservation of natural areas, as well as in the protection of threatened species and their habitats, the Contracting Parties shall draw up a List of Protected Areas of Importance to the PERSGA region, hereinafter referred to as the PERSGA PA List. 2. The PERSGA PA List shall include sites which: are of importance for conserving the components of biological diversity in the PERSGA (a) region. (b) contain ecosystems specific to the PERSGA region or the habitats of threatened species. (c) are of special interest at the scientific, aesthetic, cultural or educational levels, such as coral reefs and mangroves, or lakes, marshes and khors that connect to the sea directly, as well as nursery grounds for shrimp and migratory fish. (d) include zones that help in the promotion of sustainable fisheries, the conservation of biodiversity and/or the maintenance of ecosystem functioning. (e) contribute to the regional network or system of protected areas. 3. The Contracting Parties agree: to recognize the importance of the protected areas for the PERSGA region. (a) to comply with the criteria specified in Annex 3, in a manner that does not run counter (b) to the objectives of this Protocol. (c)

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Article 10: Procedure for Inclusion of Proposed Proteceted Areas in PERSGA pa list
1. PERSGA PA lists may be established, following the procedure provided for in paragraph 2 to 4 of this Article and criteria specified in Annex 3, in the marine and coastal zones subject to the sovereignty and jurisdiction of the Contracting Parties. 2. Proposals for inclusion in the List may be submitted by the Contracting Party concerned, if the area is situated in a zone already delimited, over which it exercises sovereignty. One country or more of the contracting parties concerned may submit proposals for inclusion of areas that are partly or wholly in high seas. 3. Contracting Parties making proposals for inclusion in the PERSGA PA List shall provide the Org v ganization with an introductory report containing information on the areas geographical location, its physical and ecological characteristics, its legal status, its management plans and the means for their implementation, as well as a statement justifying its importance to the PERSGA region. 4. The procedure for including the proposed area in the PERSGA PA List is the following: (a) (b) for each area, the proposal shall be submitted to the National Competent Authority of contracting party concerned, which shall examine its conformity with the common guidelines and criteria adopted pursuant to Article 17 of this Protocol. if a proposal made in accordance with paragraph 2of this Article is consistent with the guidelines and common criteria, after assessment, the Organization shall inform the meeting of the Contracting Parties, which shall decide to include the area in the PERSGA PA List.

5.The Contracting Parties which proposed the inclusion of the area in the List shall implement the conservation and sustainable use measures specified in their proposals in accordance with parag v graph 3 of this Article. The Contracting Parties undertake to observe the rules thus laid down. The Organization shall inform the competent international organizations of the List and of the measures taken in the PERSGA PA lists as appropriate. 6. The Contracting Parties may revise the PERSGA PA List. To this end, the Organization shall submit an updated annual report to each contracting party.

Article 11: Management of Protected Areas


1. Contracting Parties shall make every reasonable and practical effort to safeguard protected areas from the negative impacts which threaten their persistence. All measures and requirements for this Protocol are applicable to the management of protected areas, with special consideration to the following: (a) (b) (c) (d) maintenance of threatened species, or species of economic/cultural importance. maintenance and conservation of special habitats. restoration of ecosystems and populations of species whenever possible. Involvement of local communities

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2. Contracting Parties shall develop and implement management plans for marine and coastal protected areas according to the criteria specified in Article 17 of this Protocol.

Article 12: Inventories of Areas of Special Importance


Contracting Parties are encouraged to provide inventories for areas of special importance, such as areas containing sensitive ecosystems, reservoirs of biological diversity and important habitats for threatened species as well as fishery and other species of sociogeconomic importance and cultural heritage endangered. The characteristics shall be monitored within areas of special imporv v tance as appropriate. Identification of such areas might facilitate the selection of sites for possible inclusion in PERSGA PA List.

Article 13: Management of Special Habitats


Contracting Parties shall adopt and comply with conservation measures for special habitats (parv v ticularly wetlands /marshes , mangrove trees/forests, seag grass beds and coral reefs) in order conserve them and to minimize possible adverse ecological effects from human activities.

PART 4: Provisions common to protected areas, habitats and species Article 14: Integrated Coastal Areas Management
The Contracting Parties shall consider adopting and applying principles of integrated coastal areas management, to provide an umbrella mechanism for biodiversity conservation, marine protected area management and sustainable resource use as appropriate. Requirements for the application of these principles include but are not limited to the following: 1. Integration of biodiversity conservation and environmental considerations at an early stage in national and regional economic planning. 2. Recognition of the fact that sustainability requires the need to maintain the integrity of coastal systems and that this implies limits to the use of resources generated by these systems. Water management projects, including management of wetlands connected to the sea and inland water, must also be taken into consideration. 3. An understanding that the carrying capacity of marine and coastal systems to support tourism, recreation and other human activities is variable but not infinite, and that surpassing such carrying capacity may strongly influence the degree of sustainability of these systems; 4. Development of integrated management criteria that allow the use of natural resources by difv v ferent users and avoid conflict of activities.

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5. A balanced broad scale zoning of the PERSGA region targeting, in particular the establishment and management of protected areas.

Article 15: Environmental Impact Assessment


1. The Contracting Parties shall endeavor to broaden the scope and strengthen the role of EIA as a mechanism for minimizing biodiversity and habitat loss, as follows: (a) (b) shall be a requirement for any new project or activity likely to have significant impact on coastal and marine biodiversity and habitat in the area, or wider area defined by this Protocol. shall extend to all major components of biodiversity and their bioeconomic value, integrated with social, cultural and economic value, and assessments made over the longvterm as well as the shortvterm.

2. Contracting Parties are encouraged to exchange information and undertake consultation with other concerned Parties where proposed national projects/activities are likely to have transg boundary impacts on biological diversity in areas under the sovereignty of other Parties.

Article 16: Restoration of Ecosystems and Populations of Species


Contracting Parties shall consider, when appropriate, restoring ecosystems and species, taking in account the following: 1. Internationally or regionally recognized guidelines for revintroduction and action plans for the conservation of species. 2. the costs and benefits of environmental restoration may extend to consideration of artificial habitats. 3. Periodical monitoring of the effectiveness of restoration programmes according to national priorities and capabilities.

Article 17: Guidelines and Common Criteria


The Contracting Parties shall adopt: (a) IUCN criteria for the inclusion of additional species, covered by Annexes 1 and 2 (b) Common criteria for the selection of protected marine and coastal areas that could be included in the PERSGA PA List as detailed in Annex 3. (c) Common criteria for assessment of other species, habitats and ecosystems included in this Protocol. (d) Common criteria shall be developed and adopted to determine when an ecosystem or population of species is sufficiently degraded to merit restoration. (e) Guidelines for the establishment and management of protected areas, as detailed in Annex 3.

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(f)

The common criteria and guidelines referred to in paragraphs (a) and (c) to (e) may be amended by the meeting of the Contracting Parties on the basis of a proposal made by one or more of the Contracting Parties. The Organization shall communicate the text of any amendment to the Contracting Parties at least 6 months before the meeting.

PART 5. Other Provisions Article 18: Access to Genetic Resources


1. Recognizing the sovereign rights of Parties over their natural resources, the authority to deterv v mine access to genetic resources rests with the national governments and is subject to national legislation in the context of the Convention on Biodiversity and the United Nations General Asv v sembly Resolution No 57/260 of 20 December 2002. 2. Each Contracting Party shall endeavor to create conditions to facilitate access to genetic rev v sources for environmentally sound uses by other Contracting Parties and not to impose restricv v tions that run counter to the objectives of this Protocol. 3. For the purpose of this Protocol, the genetic resources being provided by a Contracting Party, as referred to in this Article, are only those that are provided by Contracting Parties that are countries of origin of such resources. 4. Access to genetic resources, where granted, shall be on prior informed terms, mutually agreed upon by the Contracting Parties and subject to the provisions of this Article. Such access shall be in a manner that maintains the right of the countries providing genetic resources, to equitable sharing of the benefits arising from the use of such resources. 5. Each Contracting Party shall endeavor to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of, and where possible in, such Contracting Parties.

Article 19: Access to, and Transfer of Technology and Distribution of its Benefits
1. Access to, and transfer of, technology (a) Each Contracting Party, recognizing that technology includes biotechnology, and that both access to and transfer of technology among Contracting Parties are essential elev v ments for the attainment of the objectives of this Protocol, undertakes subject to the provisions of this Article to provide and/or facilitate access for and transfer to other Contracting Parties of technologies that are relevant to the conservation and sustainv v able use of biological diversity or make use of genetic resources and do not cause

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(b)

(c)

(d)

(e)

significant damage to the environment. Access to and transfer of technology referred to in paragraph (a) above, to other Conv v tracting Countries shall be provided and/or facilitated under fair and most favorable terms, including on concessional and preferential terms where mutually agreed, and, where necessary. In the case of technology subject to patents and other intellectual property rights, such access and transfer shall be provided on terms which recognize and are consistent with the adequate and effective protection of such rights. Each Contracting Party shall take legislative, administrative or policy measures, as apv v propriate, with the aim that Contracting Parties, which provide genetic resources are provided access to and transfer of technology which makes use of those resources, on mutually agreed terms, including technology protected by patents and other intellecv v tual property rights. In this regard, no intellectual property rights in respect of genetic resources and the technology associated with their use shall be granted , unless the claimant of such rights proves that access to their genetic sources in the country of origin has taken place in accordance with the laws of the country of origin and under its knowledge and consent. Each Contracting Party shall take legislative, administrative or policy measures, as apv v propriate, with the aim that the private sector facilitates access to, joint development and transfer of technology referred to in paragraph (a) above for the benefit of both governmental institutions and the private sector of the Contracting Countries; The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Protocol, shall cogoperate in this regard subject to national legislation, international law and the Convention on Biological Diversity in order to ensure that such rights are supportive of the objectives of the Protocol and do not run counter to it.

2. Handling of Biotechnology and Distribution of its Benefits (a) Each Contracting Party shall take legislative, administrative or policy measures, as approv v priate, to provide for the effective participation in biotechnological research activities by those Contracting Parties which provide the genetic resources for such research, and where feasible in such Contracting Parties. Each Contracting Party shall take all practicable measures to promote and advance acv v cess, on a fair and equitable basis by Contracting Parties, to the results and benefits arisg v ing from biotechnologies based upon genetic resources provided by those Contracting Parties. Such access shall be on mutually agreed terms. Contracting Parties shall consider the need for and modalities of a protocol setting out appropriate procedures, including prior consent, in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology that may have adverse effect on the conservation and sustainable use of biodiversity; and Each Contracting Party shall, directly or by requiring any natural or legal person under its jurisdiction providing the organisms referred to in paragraph (c) above, provide any available information about the use and safety regulations required by that Contracting Party in handling such organisms, as well as any available information on the potential v adverse impact of the specific genetically modified organisms concerned on biodiverg sity in the Contracting Party into which those organisms are to be introduced, taking into account human health.

(b)

(c)

(d)

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Article 20: Scientific and Technical Cogoperation


1. The Contracting Parties shall promote regional technical and scientific cooperation in the field of conservation and sustainable use of biological diversity, where necessary, through PERSGA, and if applicable, international cooperation. 2. Each Contracting Party shall promote technical and scientific cooperation with other Contractg v ing Parties, in implementing this Protocol, inter alia, through the development and implementation of national policies. In promoting such cooperation, special attention should be given to the dev v velopment and strengthening of national capabilities, by means of human resources development and institution building. 3.The Organization shall be used as a mechanism to promote and facilitate technical and scientific cooperation. 4. The Contracting Parties, if applicable, in accordance with national legislation and policies, env v courage and develop, where appropriate, methods of cooperation for the development and use of technologies, including indigenous and traditional technologies, in pursuance of the objectives of this Protocol. For this purpose, the Contracting Parties shall also promote cooperation in the training of personnel and exchange of experts. 5. The Contracting Parties shall, subject to mutual agreement, promote the establishment of joint research programs for the development of technologies relevant to the objectives of this Protocol.

Article 21: Information Exchange


The Contracting Parties undertake to facilitate the exchange of information within the region, from all publicly available sources relevant to the objectives of this Protocol.

Article 22: Environmental Awareness


1. Contracting Parties shall give appropriate publicity to the establishment of protected areas, their boundaries, applicable regulations, and to the designation of protected species, their habitats and applicable regulations. 2. Contracting Parties shall endeavor to inform the public of the value and vulnerability of prov v tected areas and species. . Such information may be included in education programs. Contracting Parties shall also endeavor to promote the participation of their public and their conservation organizations in measures that are necessary for the protection of the areas and species conv v cerned. 3. In this context contracting Parties shall also give attention to species that congregate in the PERSGA region at particular times of the year, which include certain threatened species.

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Article 23: Reports to Parties


Contracting Parties shall submit to ordinary meetings of the Parties a report on implementation of this Protocol, in particular on: (a) Threatened Species. (b) harvested species whose exploitation is regulated, including species of economic/culg v tural importance. (c) alien species and genotypes. (d) the status and state of areas included in the PERSGA PA List. (e) any changes in the delimitation or legal status of the PERSGA PAs and protected species. (f) areas of special importance which are not currently included in the PERSGA PA List.

Article 24: Annexes


The following Annexes are integral part of this protocol. The procedures for amendments to Anv v nexes to this Protocol shall be those set forth in Article XXI of the Convention.

PART 6. Institutional Provisions Article 25: Responsibilities of the Organization


The Organization shall, inter-alia: 1. communicate with Competent Authorities Focal Points in the Contracting Parties on the apv v plication of the Protocol. 2. provide training of national specialists, particularly for monitoring and implementation of the provisions of this Protocol. 3. arrange upon request, for the provision of legal and technical assistance and advice to the Conv v tracting Parties for the effective implementation of this Protocol. 4. enhance the regional capabilities and networks for the exchange of data and information of relevance to the Protocol. 5. establish a common monitoring system for the Protected Areas and species. 6. develop a regional awareness programme in cooperation with the contracting parties. 7. prepare periodical reports on the implementation of the Protocol and present them to the Council and the Focal Points.

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8. establish and maintain liaison and covordination with relevant regional and international organiv v zations and conventions including but not limited to CBD, Ramsar, and UNEP. 9. perform such other functions as may be assigned to it by the Council for the implementation of the Protocol. 10. cogordinate with the United Nations Environment Program Regional Office for West Asia (UNEP/ROWA), which assists with the provision and exchange of technical information, in parg v ticular countries that are part of UNEP/ROWA. 11. implement deliberations of the Jeddah MoU signed between UNEP, the Council of Arab Minv v isters Responsible for the Environment (CAMRE) and PERSGA (May 1999).

Article 26: Competent Authorities Focal Points


Each contracting Party shall designate a competent authority Focal Point to serve as a liaison with the Organization for technical and scientific aspects of the implementation of this Protocol. The Competent Authorities Focal Points shall meet periodically to coordinate all issues and activities related to the Protocol

PART 7. Final Provisions Article 27: Effect of the Protocol on National Legislation
The provisions of this Protocol shall not affect the rights of Contracting Parties to adopt relevant stricter national measures for its implementation, provided they are compatible with the proviv v sions of the Protocol.

Article 28: Signature


This Protocol shall be open for signature by the governments of the Contracting Parties during the Regional Meeting of the Signatories of the Protocol Concerning the Conservation of Biologiv v cal Diversity and the Establishment of the Network of Protected Areas in the Red Sea and Gulf of Aden, to be held in Jeddah on 10g11 Zul Qaeda 1426 H (corresponding to 12g13 December 2005)

Article 29: Ratification, Acceptance or Approval


This Protocol shall be subject to ratification, acceptance or approval by the Contracting Parties. Instruments of ratification, acceptance or approval shall be deposited with the Government of

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The Kingdom of Saudi Arabia, which will assume the functions of Depository according to Article 29 of the Convention.

Article 30: Entry into Force


1. The present Protocol, shall enter into force on the thirtieth day following the day of deposit of at least four instruments of ratification, acceptance or approval of, or accession to the Protocol. 2. This Protocol shall enter into force with respect to any party on the thirtieth day following the date of deposit by that party of the instrument of ratification, acceptance, approval or accession. The Protocol Concerning the Conservation of Biological Diversity and the Establishment of the Network of Protected Areas in the Red Sea and Gulf of Aden Region, is considered an integral part of the Convention. The original of this Protocol shall be deposited with the Government of The Kingdom of Saudi Arabia, in its capacity as the Depository (According to provisions of Arv v ticle 29 of the Convention ). Copies of the Protocol shall be sent to the Contracting Parties. The Protocol shall be registered with the Secretariat General of The Arab League and the Secretariat General of the United Nations according to the provisions of Article 102 of the United Nations Charter. In witness whereof, the undersigned Plenipotentiaries, being duly authorized by their respective Governments, have signed the present Protocol. For the Government of: The Arab Republic of Egypt The Democratic Republic of Somalia The Hashemite Kingdom of Jordan The Kingdom of Saudi Arabia The Republic of Djibouti The Republic of Sudan The Republic of Yemen

Done at the city of Jeddah on Monday 11 Thul Qeda 1426 (H) corresponding to 12 December 2005.

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PART 8. Annexes Annex 1: List of Threatened Species


(list to be provided by each Contracting Party)

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Annex 2: List of Species whose Exploitation is Regulated


(list to be provided by each Contracting Party)

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Annex 3: Common Criteria for the Selection of Marine and Coastal Areas that could be Included in the Persga Pa List
FIRSTLY: GENERAL PRINCIPLES The Contracting Parties agree that the following general principles will guide their work in estabv v lishing the PERSGA PA List: 1. The conservation and sustainable use of natural heritage is the basic aim that must characterize a PERSGA PA List. 2. No limit is imposed on the total number of areas included in the PERSGA PA List or on the number of areas any individual Contracting Party can propose for inscription. Nevertheless, the Contracting Parties agree that sites will be identified and selected on a scientific basis and included in the List according to their qualities; they will have therefore to fulfil the requirements set out by the Protocol and the present criteria. 3. The listed PERSGA PAs and their geographical distribution will have to be representative of the PERSGA region and its biodiversity. To this end the PERSGA PA List will have to represent the highest number of habitats and ecosystems. 4.The PERSGA PAs will have to constitute the core of a network aiming at the effective conservav v tion of the natural heritage of the PERSGA region. To attain this objective, the Contracting Parties will develop their cooperation on bilateral and multilateral bases in the field of conservation and management of natural sites and notably through the establishment of transboundary PERSGA PAs. 5. The sites included in the PERSGA PA List are intended to have value as examples and models for the protection of natural heritage of the region. To this end, the Contracting Parties ensure that sites included in the List are provided with adequate legal status, protection measures and management methods and resources. SECONDLY :GENERAL FEATURES OF THE AREAS THAT COULD BE INCLUDED IN THE PERSGA PA LIST 1. To be eligible for inclusion in the PERSGA PA List, an area must fulfill at least one of the general criteria set in Article 9 paragraph 2 of the Protocol. 2. The importance to the region is a basic requirement of an area for being included in the PERSGA PA List. The following criteria should be used in evaluating the PERSGA region interest of an area: (a) Uniqueness The area contains unique or rare ecosystems, or rare or endemic species;

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(b) Natural representativeness The area contains highly representative ecological processes, or community or habiv v tat types or other natural characteristics. Representativeness is the degree to which an area represents a habitat type, ecological process, biological community or physiov graphic feature of other natural characteristic. (c) Diversity The area has a high diversity of species, communities, habitats or ecosystems; (d) Naturalness The area has a high degree of naturalness as a result of the lack or low level of humanv induced disturbance and degradation. (e) Presence of habitats that are critical to threatened or endemic species. (f) Cultural representativeness. The area has high representative value with respect to cultural heritage. 3. To be included in the PERSGA PA List, an area having landscapes or seascapes, scientific, educag v tional or aesthetic interest must, respectively, present a particular value for research in the field of natural sciences or for activities of environmental education or awareness or contain outstanding natural features. 4. Besides the fundamental criteria specified in Article 9, paragraph 2 of the Protocol, a certain number of other characteristics and factors may be considered as favorable for the inclusion of the site in the List. These include: (a) the existence of present or potential threats likely to impair the ecological, biological, aesthetic or cultural value of the area, (b) the involvement and active participation of the stakeholders in the process of planning and management of the area, (c) the existence of an integrated coastal management plan and/or the principles of integ v grated coastal area management as set forth in Article 14 of the Protocol.

THIRDLY: LEGAL STATUS 1. All areas eligible for inclusion in the PERSGA PA List must be awarded a national legal status guaranteeing their effective longvterm protection. 2. To be included in the PERSGA PA List, an area previously delimited over which a Contracting Party exercises sovereignty, must have a protected status recognized by the Party concerned, for example in instances when the area was delimited during an earlier period, or by a different Sovereign Party.

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Biodiversity Protocol

FOURTHLY: PROTECTION, PLANNING AND MANAGEMENT MEASURES 1. Conservation and management objectives must be clearly defined (in the texts) relating to each site, and will constitute the basis for assessment of the adequacy of the adopted measures and the effectiveness of the implementation when revisions of the PERSGA PA List are being considered. 2. Planning, protection and management measures applicable to each area must be adequate for the achievement of the conservation and management objectives set for the site in the short and long term, and take in particular account the threats upon it. 3. Planning, protection and management measures applicable to each area must be based on an adequate knowledge of the elements of the natural environment and of socioveconomic and cultural factors that characterize each area. In case of shortcomings in basic knowledge, an area proposed for inclusion in the PERSGA SPA List must have a program for the collection of the unavailable data and information. 4. The competence and responsibility with regard to administration and implementation of conv v servation measures for areas proposed for inclusion in the PERSGA PA List must be clearly defined. 5. To be included in the PERSGA PA List, a protected area is expected to have a management body with sufficient powers to prevent and/or control activities which are likely to be contrary to the aims of the protected area. 6. To be included in the PERSGA PA List, an area is expected to have a management plan. The rules of this management plan are to be laid down as from the date of inclusion in the PERSGA PA List and implemented immediately. A detailed management plan must be presented within five years of said date of inclusion. Failure to respect this obligation will entail considering removal of the area from the List. 7. To be included in the PERSGA PA List, an area will require a program to assess the efficiency of the application of the management plan.

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GEMS Document Page 85 of 89

PERSGA
Protocol Concerning the Protection of the Marine. Environment from Land-Based Activities in the Red. Sea and Gulf of Aden ...

Doc_62_20090211124355 DAMAGED FILE - NOT AVAILABLE 734 KB

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GEMS Document Page 88 of 89

GEMS Document Page 89 of 89

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