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II.7.550 (EAST AFRICAN ACTION PLAN, 1985) CONVENTION FOR THE PROTECTION, MANAGEMENT AND DEVELOPMENT OF THE MARINE AND COASTAL ENVIRONMENT OF THE EASTERN AFRICAN REGION, 1985

The Ratification of Maritime Conventions

Chapter I.7.550

(EAST AFRICAN ACTION PLAN, 1985) CONVENTION FOR THE PROTECTION, MANAGEMENT AND DEVELOPMENT OF THE MARINE AND COASTAL ENVIRONMENT OF THE EASTERN AFRICAN REGION, 1985

ADOPTED: Done in Nairobi on 21 June 1985
ENTERED INTO FORCE: 30 May 1996
DEPOSITARY: Government of the Republic of Kenya
SECRETARY: United Nations Environment Programme (UNEP)

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XXVI

This Convention, the Protocol concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region and the Protocol concerning Co-operation in Combating Marine Pollution in Cases of Emergency in the Eastern African Region shall be open for signature at Nairobi from 21 June 1985 to 20 June 1986 by any State invited as a participant to the Conference of Plenipotentiaries on the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region, held at Nairobi from 17 June 1985 to 21 June 1985. They shall also be open for signature between the same dates by any regional intergovernmental integration organization exercising competence in fields covered by the Convention and such protocols and having at least one member of State which belongs to the Eastern African region, provided that such regional organization has been invited to participate in the Conference of Plenipotentiaries.

Article XXVII

This Convention and its Protocols shall be subject to ratification, acceptance, or approval by the States and organizations referred to in article XXVI. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Republic of Kenya, which will assume the functions of Depositary.

Article XXVIII

1. This Convention and its protocols shall be open for accession by the States and organizations referred to in article XXVI as from the day on which the Convention or the protocol concerned is closed for signature.

2. After the entry into force of this Convention and of any protocol, any State or regional intergovernmental organization not referred to in article XXVI may accede to the Convention and to any protocol, subject to prior approval by three-fourths of the Contracting Parties to the Convention or the protocol concerned.

ENTRY INTO FORCE

Article XXIX

1. This Convention shall enter into force on the same date as the first protocol entering into force.

2. Any protocol to this Convention, except as otherwise provided in such protocol, shall enter into force on the ninetieth day following the date of deposit of sixth instrument of ratification, acceptance, or approval of, or accession to, such protocol by the Parties referred to in article XXVI.

3. Thereafter, this Convention and any protocol shall enter into force with respect to any State, or organization referred to in article XXVI or article XXVIII on the ninetieth day following the date of deposit of its instruments of ratification, acceptance, approval or accession.

WITHDRAWAL

Article XXX

1. At any time after three years from the date of entry into force of this Convention with respect to a Contracting Party, that Contracting Party may withdraw from this Convention by giving written notification to the Depositary.

2. Except, as may be otherwise provided in any Protocol to this Convention, any Contracting Party may, at the time after three years from the date of entry into force of such protocol, with respect to that Contracting Party, withdraw from such protocol by giving written notification to the Depositary.

3. Withdrawal shall take effect one year after the date on which notification of withdrawal is received by the Depositary.

4. Any Contracting party which withdraws from this Convention shall be considered as also having withdrawn from any protocol to which it was a Contracting Party.

5. Any Contracting Party which, upon its withdrawal from a protocol, is no longer a party to any protocol to this Convention, shall be considered as also having withdrawn from the Convention itself.

ADOPTION OF ADDITIONAL PROTOCOLS

Article XVIII

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

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

Article XIX. Amendment of the Convention or Protocols

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

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

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

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

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

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

Article XX. Annexes and amendments to Annexes

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

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

  • (a) Any Contracting party may propose amendments to the annexes to this Convention or annexes to any protocol at the meetings convened pursuant to article XVII;
  • (b) Such amendments shall be adopted by a two-thirds majority vote of the Contracting Parties to the instrument in question;
  • (c) The Depositary shall without delay communicate the amendments so adopted to all Contracting Parties to this Convention;
  • (d) Any Contracting Party that is unable to accept an amendment to annexes to this Convention or to annexes to any protocol shall so notify the Depositary in writing within a period determined by the Contracting Parties concerned when adopting the amendment;
  • (e) The Depositary shall without delay notify all Contracting Parties of notifications received pursuant to the preceding sub-paragraph;
  • (f) On expiry of the period determined in accordance with sub-paragraph (d) above, the amendment to the annex shall become effective for all Contracting Parties to this Convention or to the protocol concerned which have not submitted a notification in accordance with the provisions of that sub-paragraph;
  • (g) A Contracting party may at any time substitute an acceptance for a previous declaration of objection, and the amendment shall thereupon enter into force for that Party.

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

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

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