Oceans and seas: Decisions of the GA and CSD

 WSSD | GA-57 | GA-54 | CSD-7 | UN General Assembly 19th Special Session | CSD-4

World Summit on Sustainable Development
(26 August - 4 September 2002)

30. Oceans, seas, islands and coastal areas form an integrated and essential component of the Earth痴 ecosystem and are critical for global food security and for sustaining economic prosperity and the well-being of many national economies, particularly in developing countries. Ensuring the sustainable development of the oceans requires effective coordination and cooperation, including at the global and regional levels, between relevant bodies, and actions at all levels to:

(a) Invite States to ratify or accede to and implement the United Nations Convention on the Law of the Sea, which provides the overall legal framework for ocean activities;
(b) Promote the implementation of chapter 17 of Agenda 21 which provides the programme of action for achieving the sustainable development of oceans, coastal areas and seas through its programme areas of integrated management and sustainable development of coastal areas, including exclusive economic zones; marine environmental protection; sustainable use and conservation of marine living resources; addressing critical uncertainties for the management of the marine environment and climate change; strengthening international, including regional, cooperation and coordination; and sustainable development of small islands;
(c) Establish an effective, transparent and regular inter-agency coordination mechanism on ocean and coastal issues within the United Nations system;
(d) Encourage the application by 2010 of the ecosystem approach, noting the Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem and decision 5/6 of the Conference of Parties to the Convention on Biological Diversity;
(e) Promote integrated, multidisciplinary and multisectoral coastal and ocean management at the national level, and encourage and assist coastal States in developing ocean policies and mechanisms on integrated coastal management;
(f) Strengthen regional cooperation and coordination between the relevant regional organizations and programmes, the UNEP regional seas programmes, regional fisheries management organizations and other regional science, health and development organizations;
(g) Assist developing countries in coordinating policies and programmes at the regional and subregional levels aimed at the conservation and sustainable management of fishery resources, and implement integrated coastal area management plans, including through the promotion of sustainable coastal and small-scale fishing activities and, where appropriate, the development of related infrastructure;
(h) Take note of the work of the open-ended informal consultative process established by the United Nations General Assembly in its resolution 54/33 in order to facilitate the annual review by the Assembly of developments in ocean affairs and the upcoming review of its effectiveness and utility to be held at its fifty-seventh session under the terms of the above-mentioned resolution.

31. To achieve sustainable fisheries, the following actions are required at all levels:

(a) Maintain or restore stocks to levels that can produce the maximum sustainable yield with the aim of achieving these goals for depleted stocks on an urgent basis and where possible not later than 2015;
(b) Ratify or accede to and effectively implement the relevant United Nations and, where appropriate, associated regional fisheries agreements or arrangements, noting in particular the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas;
(c) Implement the 1995 Code of Conduct for Responsible Fisheries, taking note of the special requirements of developing countries as noted in its article 5, and the relevant Food and Agriculture Organization of the United Nations (FAO) international plans of action and technical guidelines;
(d) Urgently develop and implement national and, where appropriate, regional plans of action, to put into effect the FAO international plans of action, in particular the international plan of action for the management of fishing capacity by 2005 and the international plan of action to prevent, deter and eliminate illegal, unreported and unregulated fishing by 2004. Establish effective monitoring, reporting and enforcement, and control of fishing vessels, including by flag States, to further the international plan of action to prevent, deter and eliminate illegal, unreported and unregulated fishing;
(e) Encourage relevant regional fisheries management organizations and arrangements to give due consideration to the rights, duties and interests of coastal States and the special requirements of developing States when addressing the issue of the allocation of share of fishery resources for straddling stocks and highly migratory fish stocks, mindful of the provisions of the United Nations Convention on the Law of the Sea and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, on the high seas and within exclusive economic zones;
(f) Eliminate subsidies that contribute to illegal, unreported and unregulated fishing and to over-capacity, while completing the efforts undertaken at WTO to clarify and improve its disciplines on fisheries subsidies, taking into account the importance of this sector to developing countries;
(g) Strengthen donor coordination and partnerships between international financial institutions, bilateral agencies and other relevant stakeholders to enable developing countries, in particular the least developed countries and small island developing States and countries with economies in transition, to develop their national, regional and subregional capacities for infrastructure and integrated management and the sustainable use of fisheries;
(h) Support the sustainable development of aquaculture, including small-scale aquaculture, given its growing importance for food security and economic development.

32. In accordance with chapter 17 of Agenda 21, promote the conservation and management of the oceans through actions at all levels, giving due regard to the relevant international instruments to:

(a) Maintain the productivity and biodiversity of important and vulnerable marine and coastal areas, including in areas within and beyond national jurisdiction;
(b) Implement the work programme arising from the Jakarta Mandate on the Conservation and Sustainable Use of Marine and Coastal Biological Diversity of the Convention on Biological Diversity, including through the urgent mobilization of financial resources and technological assistance and the development of human and institutional capacity, particularly in developing countries;
(c) Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimination of destructive fishing practices, the establishment of marine protected areas consistent with international law and based on scientific information, including representative networks by 2012 and time/area closures for the protection of nursery grounds and periods, proper coastal land use; and watershed planning and the integration of marine and coastal areas management into key sectors;
(d) Develop national, regional and international programmes for halting the loss of marine biodiversity, including in coral reefs and wetlands;
(e) Implement the RAMSAR Convention, including its joint work programme with the Convention on Biological Diversity, and the programme of action called for by the International Coral Reef Initiative to strengthen joint management plans and international networking for wetland ecosystems in coastal zones, including coral reefs, mangroves, seaweed beds and tidal mud flats.

33. Advance implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and the Montreal Declaration on the Protection of the Marine Environment from Land-based Activities, with particular emphasis in the period 2002-2006 on municipal wastewater, the physical alteration and destruction of habitats, and nutrients, by actions at all levels to:

(a) Facilitate partnerships, scientific research and diffusion of technical knowledge; mobilize domestic, regional and international resources; and promote human and institutional capacity-building, paying particular attention to the needs of developing countries;
(b) Strengthen the capacity of developing countries in the development of their national and regional programmes and mechanisms to mainstream the objectives of the Global Programme of Action and to manage the risks and impacts of ocean pollution;
(c) Elaborate regional programmes of action and improve the links with strategic plans for the sustainable development of coastal and marine resources, noting in particular areas which are subject to accelerated environmental changes and development pressures;
(d) Make every effort to achieve substantial progress by the next Global Programme of Action conference in 2006 to protect the marine environment from land-based activities.

34. Enhance maritime safety and protection of the marine environment from pollution by actions at all levels to:

(a) Invite States to ratify or accede to and implement the conventions and protocols and other relevant instruments of the International Maritime Organization (IMO) relating to the enhancement of maritime safety and protection of the marine environment from marine pollution and environmental damage caused by ships, including the use of toxic anti-fouling paints and urge IMO to consider stronger mechanisms to secure the implementation of IMO instruments by flag States;
(b) Accelerate the development of measures to address invasive alien species in ballast water. Urge the International Maritime Organization to finalize its draft International Convention on the Control and Management of Ships・Ballast Water and Sediments.

35. Governments, taking into account their national circumstances, are encouraged, recalling paragraph 8 of resolution GC (44)/RES/17 of the General Conference of the International Atomic Energy Agency (IAEA) and taking into account the very serious potential for environment and human health impacts of radioactive wastes, to make efforts to examine and further improve measures and internationally agreed regulations regarding safety, while stressing the importance of having effective liability mechanisms in place, relevant to international maritime transportation and other transboundary movement of radioactive material, radioactive waste and spent fuel, including, inter alia, arrangements for prior notification and consultations done in accordance with relevant international instruments.

36. Improve the scientific understanding and assessment of marine and coastal ecosystems as a fundamental basis for sound decision-making, through actions at all levels to:

(a) Increase scientific and technical collaboration, including integrated assessment at the global and regional levels, including the appropriate transfer of marine science and marine technologies and techniques for the conservation and management of living and non-living marine resources and expanding ocean-observing capabilities for the timely prediction and assessment of the state of marine environment;
(b) Establish by 2004 a regular process under the United Nations for global reporting and assessment of the state of the marine environment, including socio-economic aspects, both current and foreseeable, building on existing regional assessments;
(c) Build capacity in marine science, information and management, through, inter alia, promoting the use of environmental impact assessments and environmental evaluation and reporting techniques, for projects or activities that are potentially harmful to the coastal and marine environments and their living and non-living resources;
(d) Strengthen the ability of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, FAO and other relevant international and regional and subregional organizations to build national and local capacity in marine science and the sustainable management of oceans and their resources.

General Assembly 57^th Session

GA Res 57/141 of 12 December 2002

General Assembly 54^th Session

GA Res 54/33 of 24 November 1999

Commission on Sustainable Development, 7th Session
19-30 April 1999

Decision 7/1. Oceans and seas

I. General considerations

1. The Commission emphasizes the fundamental fact that oceans and seas constitute the major part of the planet that supports life, drive the climate and hydrological cycle, and provide the vital resources to be used to ensure well-being for present and future generations and economic prosperity, to eradicate poverty, to ensure food security and to conserve marine biological diversity and its intrinsic value for maintaining the conditions that support life on earth. The Commission also reiterates the following general considerations:
(a) The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overall legal framework within which all activities in this field must be considered;
(b) Chapter 17 of Agenda 21 remains the fundamental programme of action for achieving sustainable development in respect to oceans and seas;
(c) The Programme for the Further Implementation of Agenda 21, adopted by the 5
General Assembly at its nineteenth special session (especially its paragraph 36), identifies
the needs for urgent action in respect to oceans and seas.

2. The Commission, taking into full account the different situations of various countries, calls upon Governments to strengthen national, regional and international action, as appropriate, to develop integrated approaches to oceans and coastal area management, and stresses that as in other areas, action should be taken on the basis of the principles set out in the Rio Declaration on Environment and Development.

II. Major challenges at the national, regional and global levels

3. Following the 1998 International Year of the Ocean, the Commission emphasizes the
importance of international cooperation, within the framework of UNCLOS and Agenda 21, in ensuring that the oceans and seas remain sustainable through integrated management, and that while respecting the sovereignty, jurisdiction and sovereign rights of coastal States and recalling their rights and obligations in relation to the protection of the marine environment, all States can benefit from the sustainable use of the oceans and seas. The Commission further emphasizes the threats to these objectives from overexploitation of marine living resources, including through illegal, unregulated or unreported (IUU) fishing and unsustainable or uncontrolled distant water fishing, and from pollution. In this context, the Commission recommends that particular priority be given to:

(a) The conservation, integrated and sustainable management and sustainable use of marine living resources, including the ecosystems of which they are a part;
(b) The prevention of pollution and degradation of the marine environment from landbased and other activities;
(c) Better scientific understanding of the oceans and seas and their resources, of the effects of pollution, and of the interaction of the oceans and seas with the world climate system. This will be aimed at and facilitate proper assessment of the oceans and seas, improving understanding of socio-economic issues, especially the effects of pollution, developing better systems for the sustainable management and use of the resources of oceans and seas, and comprehending and responding to such events as the El Ni phenomenon and mitigating their impacts;
(d) Encouraging, at the national, regional and global levels, the steps necessary for
an effective and coordinated implementation of the provisions of UNCLOS and Agenda 21, including institutional adjustments and improved coordination mechanisms for chapter 17 of Agenda 21, to support action at the national and regional levels in developing countries and those with economies in transition and the provision of, inter alia, financial and technical assistance for the transfer of appropriate environmentally sound technologies. In this context, the international community should promote, facilitate and finance, as appropriate, access to and transfer of environmentally sound technologies and the corresponding know-how, in particular to developing countries, on favourable terms, including concessional and preferential terms, as mutually agreed, taking into account the need to protect the intellectual property rights as well as the special needs of developing countries for the implementation of Agenda 21.

A. Capacity-building for action at the national level

4. In support of national action to implement the provisions of chapter 17 of Agenda 21, the Commission invites the United Nations system and Governments, both in their bilateral relationships and in the multilateral development and financial organizations in which they participate, to review their programmes to ensure that priority is given to initiate or further develop, within the context of national plans, programmes for building capacities relating to, inter alia, marine environment science, the administration of fisheries and shipping, the control of activities likely to pollute or degrade the marine and coastal environment, and cooperation and coordination with other States on marine environmental matters, including development of early warning systems so as to mitigate the impacts of natural disasters, especially those resulting from inter-annual climatic variability, such as the El Ni phenomenon. In this regard, it is also important that Governments, the organizations of the United Nations system and donors coordinate their actions. For the purpose of capacity building, regional and national partnership meetings involving major groups can make a significant contribution to these activities.

B. Capacity-building for action at the regional level

5. The Commission emphasizes the importance of cooperation, at the regional level, as appropriate, within the relevant legal framework for the conservation and integrated and sustainable management and use of regional seas. In this context, the Commission supports the need to strengthen the United Nations Environment Programme (UNEP) regional seas programme and to enhance cooperation with other regional seas and intergovernmental organizations in order to permit the sharing of experience, in line with the recent conclusions of the UNEP Governing Council at its twentieth session. The Commission invites organizations of the United Nations system to work with appropriate intergovernmental and regional organizations to facilitate the identification of appropriate technical solutions.

6. The Commission further invites the United Nations system and Governments, both in
their bilateral relationships and in the multilateral development and financial organizations in which they participate, to review the priority given to building capacities needed to manage regional seas organizations, intergovernmental regional fisheries organizations and arrangements (RFOs) and regional monitoring systems.

C. International agreements

7. In order to achieve the goal of universal participation, the Commission recommends that all States that have not done so consider becoming Parties to UNCLOS and the agreement relating to the implementation of part XI of that Convention.

8. The Commission notes that although significant progress has been made in developing global and regional agreements and programmes of action related to the conservation and sustainable use of the oceans and seas, much more needs to be done to effectively implement these agreements and programmes. To promote this, the Commission invites relevant intergovernmental bodies to review, in accordance with their respective mandates, the status of international agreements and programmes of action in their areas of work, as well as obstacles to more effective implementation, and to propose possible actions that could be taken to promote wider acceptance and implementation.

III. Areas of particular concern

A. Marine resources

1. Sustainable fisheries and aquaculture

9. The Commission notes that fisheries and aquaculture, when managed sustainably, can contribute significantly to global food security and income generation for both present and future generations, consistent with the Rome Declaration and Plan of Action adopted by the World Food Summit of 1996. The Commission urges the international community to support coastal and island developing States in the development of sustainable fisheries and aquaculture.

10. The Commission encourages all States, unless they have already done so, to consider becoming Parties to, or, as the case may be, applying the Food and Agriculture Organization of the United Nations (FAO) Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993, the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and HighlyMigratory Fish Stocks of 4 August 1995, and the FAO Code of Conduct for Responsible Fisheries of 31 October 1995, and emphasizes both the vital role of these instruments in safeguarding fish stocks and the need to implement them effectively.

11. In support of implementation of the FAO Code of Conduct for Responsible Fisheries,
the Commission welcomes the recent approval by the FAO Committee on Fisheries of:
(a) The International Plan of Action for Reducing the Incidental Catch of Seabirds in Long Line Fisheries;
(b) The International Plan of Action for the Conservation and Management of Sharks;
(c) The International Plan of Action for the Management of Fishing Capacity.
The Commission in consequence urges the early formal adoption of these Plans of Action and their effective implementation.

12. The Commission notes that further attempts were made in the course of its discussions to resolve the other questions of subsidies related to fisheries but that no progress was made.

13. The Commission further emphasizes the important role of RFOs in improving, where appropriate, the application of the principles contained in the instruments referred to in paragraphs 10 and 11 above. In so doing, these organizations should be urged to apply sound scientific knowledge of the fish stocks and to ensure, as appropriate, the involvement of major groups.

14. The Commission notes the need for RFOs to be strengthened and the need to ensure coverage by the RFO system of all fisheries which need to be managed in that way to ensure their sustainability.

15. To support this, the Commission invites regional fisheries organizations, including those operating under the aegis of FAO, to provide information to FAO on progress made and on problems faced in applying these principles and recommendations. Such information could be included in the reports of the Secretary-General to the General Assembly.

16. The Commission urges States to implement existing FAO technical recommendations to minimize waste, by-catch and discards. The Commission strongly supports further measures by States, in consultation with FAO and RFOs, as appropriate, on these issues. The Commission also invites FAO to develop an international action plan to eliminate destructive fishing practices, and urges States to enforce existing bans on such activities.

17. The Commission also emphasizes the importance of General Assembly resolution 53/33 of 24 November 1998, in which the Assembly urges all authorities of members of the international community to take greater enforcement responsibility to ensure full
implementation of the global moratorium on all large-scale pelagic drift-net fishing on the high seas. The Commission further invites States to develop additional measures to ban this destructive fishing gear, including the confiscation and destruction of oversize nets.

18. The Commission supports the Rome Declaration adopted by the FAO Ministerial
Meeting on Fisheries (Rome, 10 and 11 March 1999), under which FAO will give priority to its work to develop a global plan of action to deal effectively with any forms of IUU fishing. This should include dealing with the problem of those States which do not fulfil their responsibilities under international law as flag States with respect to their fishing vessels, in particular those which do not exercise effectively their jurisdiction and control over their vessels which may operate in a manner that contravenes or undermines the relevant rules of international law and international conservation and management measures. It will also require coordinated efforts by States, FAO, regional fisheries management bodies and other relevant international agencies, such as the International Maritime Organization (IMO), as provided in article IV of the Code of Conduct for Responsible Fisheries. The Commission further encourages IMO, in cooperation with FAO and the United Nations Secretariat, to consider the implications in relation to fishing vessels of the work requested in paragraph 35 (a) below.

19. The Commission discussed the question of schemes for improving the information available to consumers of fish but was unable to reach a consensus.

20. The Commission encourages States to develop environmentally sound and sustainable aquaculture in accordance with the Code of Conduct for Responsible Fisheries, and as called for in the Plan of Action of the World Food Summit. The Commission further calls upon FAO and Governments, in consultation with major groups, to achieve environmentally sound and sustainable aquaculture, ensuring that appropriate evaluations and assessments are undertaken.

2. Other marine living resources

21. The Commission endorses the International Coral Reef Initiative (ICRI) call to action,
its renewed call to action and its framework for action, and urges implementation of complementary actions by States, intergovernmental organizations and other bodies (in particular the Convention on Biological Diversity), non-governmental organizations and the private sector. The Commission also asks the United Nations system to provide information on progress in implementing ICRI objectives at the conclusion of the period of the current framework for action in 2003.

22. The Commission encourages States to establish and manage marine protected areas, along with other appropriate management tools, consistent with the provisions of UNCLOS and on a basis consistent with the programme of work under the Convention on Biological Diversity and its Jakarta Mandate in order to ensure the conservation of biological diversity and the sustainable management and use of oceans.

23. The Commission calls upon RFOs and regional seas organizations to cooperate in more effective integration of sustainable fisheries management and environmental conservation measures.

24. The Commission notes the importance of protecting ecosystems and the need for further study of approaches in this context.

3. Marine non-living resources

25. The Commission urges support, upon the request of the State concerned, for national efforts to gain greater access to resource information and to develop appropriate policies to facilitate the exploration and exploitation, with the State痴 consent and in a manner consistent with the sustainability of marine living resources, of non-living marine resources within its exclusive economic zones, or to the outer limits of the continental shelf, wherever applicable.

B. Land-based activities

26. The Commission expresses its grave concern at the slow rate of progress in many aspects of the implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities. In this context, the Commission welcomes the recent decision of the UNEP Governing Council on the implementation of the Programme ofAction, especially the call for the Executive Director of UNEP to complete expeditiously the establishment of the Hague coordination office. The Commission emphasizes the importance of this implementation for the prevention of the pollution and degradation of the marine environment.

27. In line with the 1995Washington Declaration on Protection of the Marine environment from Land-based Activities, the Commission urges the following: 7
(a) That Governments, organizations of the United Nations system and donors
cooperate to build capacities and mobilize resources for the development and implementation of national action programmes, in particular for developing countries and those with economies in transition. Partnership meetings, as described in paragraph 4 above, can make a contribution here;
(b) That national and international institutions and the private sector, bilateral donors
and multilateral funding agencies accord priority to projects within national and regional programmes to implement the Programme ofAction, and encourage the Global Environment Facility (GEF) to support these projects;
(c) Completion of the establishment of the clearing house mechanism to provide decision makers in all States with direct access to relevant information, practical experience and scientific and technical expertise, and to facilitate effective scientific, technical and financial cooperation as well as capacity-building and the transfer of environmentally sound technology in the context described in paragraph 3 (d) above;
(d) Implementation of the Global Programme of Action by Governments and international organizations, as appropriate, will contribute to the strengthening of the UNEP regional seas programme, as called for in paragraph 5 above.

28. The Commission reiterates the appeal to the governing bodies of the relevant United
Nations agencies and programmes to review their role in and contribution to the implementation of the Global Programme of Action within their respective mandates, as recommended by the General Assembly in its resolution 51/189. The Commission further invites those organizations to provide information on progress in this regard which could, inter alia, be included in the reports of the Secretary-General to the General Assembly.

29. The Commission also stresses:
(a) The benefits of preparing the necessary national and local programmes within a framework of integrated coastal area management;
(b) The value of further work by relevant international organizations, in conjunction with relevant regional seas organizations, in promoting such management;
(c) The importance of supporting initiatives at the regional level to develop agreements, arrangements or programmes of action on the protection of the marine environment from land-based activities.

30. The Commission welcomes the agreement by the recent UNEP Governing Council to explore the feasibility for UNEP to convene by 2000 a global conference to address sewage as a major land-based source of pollution affecting human and ecosystem health. In this context, the Commission encourages the establishment of links between this conference and both the first intergovernmental review of the Programme of Action, planned for 2001, and related intergovernmental conferences on the sustainable management of freshwater and oceans.

31. The Commission welcomes the activities in progress under the aegis of UNEP to develop an international agreement on persistent organic pollutants (POPs), and in this respect underlines the need to provide adequate expertise and resources for reducing their reliance on POPs, in the context mentioned in paragraph 3 (d) above, to developing countries, including through the development and production of viable and environmentally safe alternatives. The Commission encourages further international work on the reduction of discharges, emissions and losses of hazardous substances.

C. Marine science

32. The Commission emphasizes that scientific understanding of the marine environment,
including marine living resources and the effects of pollution, is fundamental to sound decision-making. Among other aspects of the global environment, this applies to the interaction between atmospheric and oceanic systems such as experience with the 1997・998 El Ni phenomenon. The Commission therefore:
(a) Regrets the lack of follow-up to its decision 4/15, reiterates those recommendations and welcomes the intention of IMO, working in partnership with other sponsoring organizations, to improve the effectiveness and inclusiveness of the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP), and encourages them to undertake the actions recommended by the Commission in its decision 4/15. The Commission further recommends exploring the possibility of establishing a means for GESAMP to interact with scientific representatives of Governments and major groups;
(b) Invites the Intergovernmental Oceanographic Commission of the United Nations
Educational, Scientific and Cultural Organization (UNESCO) to consider how the support available for building scientific capacities needed for interdisciplinary, sustainable and effective management of the marine environment in developing countries, particularly in the least developed countries and small island developing States, could be extended and focused more effectively. Recalling Commission decision 6/3 concerning the need for enhanced science communication processes, the Commission encourages a contribution from the forthcoming UNESCO World Science Congress on this question;
(c) Stresses the value both of the collection of reliable oceanographic data through such systems as the Global Ocean Observing System, including the Global Coral Reef
Monitoring Network, and of periodic comprehensive scientific assessments of international waters, such as the Global International Waters Assessment, including assessments of the impact of physical and chemical changes on the health, distribution and productivity of living marine resources.

33. To improve the scientific knowledge of fish stocks, the Commission invites RFOs, within the framework of their competences, to cooperate with each other and consider strengthening catch surveillance, where applicable, as well as mechanisms for catch evaluation, using scientific peer review systems to improve the scientific quality of fish stock assessments, exchanging information on assessment techniques with each other and generally enhancing transparency. The Commission invites FAO to assist and support this process. The Commission also invites FAO to strengthen its global monitoring of fish stocks by increased coverage, more consistent methodologies and frequent updating of information, in close cooperation with States and RFOs, as appropriate.

34. The Commission notes the impact throughout the world of the El Ni Southern
Oscillation (ENSO), an example of the linkage between oceans and the atmosphere, and its environmental, social and economic consequences, particularly for developing countries. The Commission welcomes the intergovernmental expert meeting held at Guayaquil, Ecuador, in November 1998, the intergovernmental meeting to be held at Lima in September 1999, and the meeting on desertification and the El Ni phenomenon to be held at La Serena, Chile, in October 1999. The Commission:
(a) Requests the Secretary-General to gather information on all aspects of the impact of ENSO, through national reports on the implementation of Agenda 21, and to provide this information to the United Nations Inter-Agency Task Force on ENSO in order to contribute to the development of an internationally concerted and comprehensive strategy towards the assessment, prevention, mitigation and rehabilitation of the damage caused by ENSO, including that to coral reefs;
(b) Decides to consider at its eighth session the impacts of ENSO as part of its examination of the integrated planning and management of land resources;
(c) Registers the importance of including the ENSO issue in the next quinquennial comprehensive review of Agenda 21, and requests the Secretary-General to provide a comprehensive report on which decisions on including the ENSO issue could be based;
(d) Invites all intergovernmental agencies concerned with aspects of the oceans to consider, within their respective mandates, whether their programmes of work make sufficient allowance for considerations of the potential impact of increased climate variability, and to review through the various coordination arrangements what more needs to be done to ensure adequate understanding of the prediction and coastal and marine impacts of such phenomena as the El Ni phenomenon.

D. Other marine activities

35. The Commission:
(a) Invites IMO as a matter of urgency to develop measures, in binding form where
IMO members consider it appropriate, to ensure that ships of all flag States meet international rules and standards so as to give full and complete effect to UNCLOS, especially article 91 (Nationality of ships), as well as provisions of other relevant conventions. In this context, the Commission emphasizes the importance of further development of effective port State control;
(b) Urges that the export of wastes and other matter for the purpose of dumping at sea be stopped; the Commission further recommends that States be encouraged to become
Parties to and implement the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping ofWastes and Other Matter of 1972;
(c) Repeats its goal in paragraph 29 of its decision 4/15 for States that have not yet done so to become Parties to and implement the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal (1989);
(d) Discussed further the question of the right of States to prohibit the transboundary movement of hazardous and radioactive wastes and materials within their jurisdictions consistent with international law. It noted that some delegations urged the continuation of efforts to ensure that transboundary movements of such materials be undertaken in a safe and secure manner, and that these delegations indicated support for the call for States that have not done so to become Parties to and implement the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management and to consider making the Irradiated Nuclear Fuel (INF) Code a mandatory instrument. However, the Commission was not able to reach a consensus on these proposals;
(e) Recommends that the international community be encouraged to cooperate fully in the various efforts in accordance with relevant international agreements, such as the
International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), to assist in the prevention of the spread of harmful aquatic organisms through ships ballast water;
(f) Recommends that the programme for the development within the framework of
IMO of controls on harmful anti-fouling paints used on ships be carried out in accordance
with the timetable foreseen, underlining the need to provide adequate expertise and resources to developing countries in the context mentioned in paragraph 3 (d) above;
(g) Welcomes the activities in the International Seabed Authority on a draft mining
code, including the aspect of marine environmental protection;
(h) Notes that the scrapping of ships presents an issue of concern with regard to the
pollution of the environment, and therefore calls on IMO to look into this issue and encourages
States to ensure that responsible care is applied with regard to the disposal of decommissioned ships, taking into account the need to provide adequate expertise and resources to developing countries in the context mentioned in paragraph 3 (d) above;
(i) Recommends that States consider ratifying, accepting or approving annex VI to the MARPOL Convention on the control of air pollution from shipping;
(j) Recommends that in order to reduce the environmental risks and potential damages associated with maritime transport, in particular when transiting areas are environmentally sensitive, States fully implement the IMO regulation for the prevention of collisions at sea.

36. The Commission, taking into account its decision 4/15 and noting the outcome of the international expert meeting on environmental practices in offshore oil and gas activities, sponsored by Brazil and the Netherlands and held at Noordwijk, the Netherlands, in 1997, recommends:
(a) That the primary focus of action on the environmental aspects of offshore oil and gas operations continue to be at the national, subregional and regional levels;
(b) In support of such action, there is a need to share information on the development and application of satisfactory environmental management systems, aimed at achieving national, subregional and regional environmental goals;
(c) To promote the sharing of that information, to raise awareness and to provide early warning of off-shore oil and gas activities and projects posing potential threats to the marine environment, further initiatives should be undertaken, involving Governments, international organizations, operators and major groups.

E. International coordination and cooperation

37. The Commission urges relevant institutions, whether national, regional or global, to enhance collaboration with each other, taking into account their respective mandates, with a view to promoting coordinated approaches, avoiding duplication of effort, enhancing effective functioning of existing organizations, and ensuring better access to information and broadening its dissemination.

38. The Commission also notes that oceans and seas present a special case as regards the need for international coordination and cooperation. The Commission is therefore convinced that, building on existing arrangements, a more integrated approach is required to all legal, economic, social and environmental aspects of the oceans and seas, both at intergovernmental and inter-agency levels. To achieve this goal, the Commission:
(a) Invites the Secretary-General to undertake measures aimed at ensuring more effective collaboration between relevant parts of the United Nations Secretariat in order to ensure better coordination of United Nations work on oceans and seas;
(b) Further requests the Secretary-General to complement his annual reports to the
General Assembly with suggestions on initiatives that could be undertaken in order to improve coordination and achieve better integration, and to submit these reports well in advance of the debate in the Assembly;
(c) Invites the Secretary-General, working in cooperation with the executive heads
of relevant organizations of the United Nations system, to undertake measures aimed at improving the effectiveness of the work of the ACC Subcommittee on Oceans and Coastal Areas, including through making the work of the Subcommittee more transparent and responsive to member States, for example by organizing regular briefings on Subcommittee activities;
(d) Recommends that the General Assembly, bearing in mind the importance of utilizing the existing framework to the maximum extent possible, consider ways and means of enhancing the effectiveness of its annual debate on oceans and the law of the sea.

39. In order to promote improved cooperation and coordination on oceans and seas, in
particular in the context of paragraph 38 (d) above, the Commission recommends that the General Assembly establish an open-ended informal consultative process, or other processes which it may decide, under the aegis of the General Assembly, with the sole function of facilitating the effective and constructive consideration of matters within the General Assembly痴 existing mandate (contained in General Assembly resolution 49/28 of 1994), on the basis set out below.

1. Principles

40. Because of the complex and interrelated nature of the oceans, oceans and seas present a special case as regards the need for international coordination and cooperation:

1. The General Assembly is the appropriate body to provide the coordination that is needed to ensure that an integrated approach is taken to all aspects of oceans issues, at both the intergovernmental and inter-agency levels.

2. This exercise should be carried out in full accordance with UNCLOS, taking into account the agreements reached at the United Nations Conference on Environment and Development (UNCED), particularly chapter 17 ofAgenda 21. It should also take into account the inputs provided by the Commission on Sustainable Development and other United Nations bodies.

3. To accomplish this goal, the General Assembly needs to give more time for the consideration and the discussion of the Secretary-General痴 report on oceans and the law of the sea and for the preparation for the debate on this item in the plenary.

4. The creation of new institutions should be avoided. The General Assembly should work to strengthen the existing structures and mandates within the United Nations system. This exercise should not lead to the duplication and overlapping of current negotiations and particular debates taking place in specialized forums.

5. The role of the General Assembly is to promote coordination of policies and programmes. It is not intended that the General Assembly should pursue legal or juridical coordination among the different legal instruments. In fulfilling its coordination function, the Assembly should bear in mind the differing characteristics and needs of the different regions of the world.

6. Participation in this exercise by Member States and observers should be as broad as possible.

7. This exercise should be carried out within the annual budgetary resources of the Secretariat.

2. Practicalities

41. The informal consultative process referred to above or other processes which the
General Assembly may decide would deliberate on the basis of the Secretary-General痴 report on oceans and the law of the sea. Its role would be to promote a comprehensive discussion of that report and to identify particular emerging issues that would need to be considered by the General Assembly. A general focus should be on identifying areas where coordination and cooperation at the intergovernmental and inter-agency levels should be enhanced. The informal consultative process would provide elements for the consideration of the General Assembly and for possible inclusion in the Assembly痴 resolutions under the item 徹ceans and the law of the sea・

42. The informal consultative process should also take into account the recommendations made by the Commission on Sustainable Development to the General Assembly (through the Economic and Social Council).

43. The informal consultative process would take place each year for a week, and would promote the participation of the different governmental agencies involved in oceans and marine issues. It would be most important to ensure appropriate input from representatives of major groups, and it is suggested that this may be best achieved by organizing discussion panels.

44. The General Assembly should consider the optimum timing for the informal consultative process, taking into account, inter alia, the desirability of facilitating the attendance of experts from capitals and the needs of small delegations.

45. The General Assembly would review the effectiveness and utility of the process no later than four years after its establishment

General Assembly 19th Special Session (1997)

Resolution Adopted By The General Assembly for the Programme for the Further Implementation of Agenda 21

Oceans and seas

36. Progress has been achieved since the United Nations Conference on Environment and Development in the negotiation of agreements and voluntary instruments for improving the conservation and management of fishery resources and for the protection of the marine environment. Furthermore, progress has been made in the conservation and management of specific fishery stocks for the purpose of securing the sustainable utilization of these resources. Despite this, the decline of many fish stocks, high levels of discards, and rising marine pollution continue. Governments should take full advantage of the challenge and opportunity presented by the International Year of the Ocean in 1998. There is a need to continue to improve decision-making at the national, regional and global levels. To address the need for improving global decision-making on the marine environment, there is an urgent need for Governments to implement decision 4/15 of the Commission on Sustainable Development, 23/ in which the Commission, inter alia, called for a periodic intergovernmental review by the Commission of all aspects of the marine environment and its related issues, as described in chapter 17 of Agenda 21, and for which the overall legal framework was provided by the United Nations Convention on the Law of the Sea. There is a need for concerted action by all countries and for improved cooperation to assist developing countries in implementing the relevant agreements and instruments in order that they may participate effectively in the sustainable use, conservation and management of their fishery resources, as provided for in the Convention and other international legal instruments, and achieve integrated coastal zone management. In that context, there is an urgent need for:

(a) All Governments to ratify or to accede to the relevant agreements as soon as possible and to implement effectively such agreements as well as relevant voluntary instruments;

(b) All Governments to implement General Assembly resolution 51/189 of 16 December 1996, including the strengthening of institutional links to be established between the relevant intergovernmental mechanisms involved in the development and implementation of integrated coastal zone management. Following progress on the United Nations Convention on the Law of the Sea, and bearing in mind Principle 13 of the Rio Declaration on Environment and Development, there is a need to strengthen the implementation of existing international and regional agreements on marine pollution, with a view in particular to ensuring better contingency planning, response, and liability and compensation mechanisms;

(c) Better identification of priorities for action at the global level to promote the conservation and sustainable use of the marine environment, as well as better means for integrating such action;

(d) Further international cooperation to support the strengthening, where needed, of regional and subregional agreements for the protection and sustainable use of the oceans and seas;

(e) Governments to prevent or eliminate overfishing and excess fishing capacity through the adoption of management measures and mechanisms to ensure the sustainable management and utilization of fishery resources and to undertake programmes of work to achieve the reduction and elimination of wasteful fishing practices, wherever they may occur, especially in relation to large-scale industrialized fishing. The emphasis given by the Commission on Sustainable Development at its fourth session to the importance of effective conservation and management of fish stocks, and in particular to eliminating overfishing, in order to identify specific steps at national or regional levels to prevent or eliminate excess fishing capacity, will need to be carried forward in all appropriate international forums including, in particular, the Committee on Fisheries of the Food and Agriculture Organization of the United Nations;

(f) Governments to consider the positive and negative impact of subsidies on the conservation and management of fisheries through national, regional and appropriate international organizations and, based on these analyses, to consider appropriate action;

(g) Governments to take actions, individually and through their participation in competent global and regional forums, to improve the quality and quantity of scientific data as a basis for effective decisions related to the protection of the marine environment and the conservation and management of marine living resources; in this regard, greater international cooperation is required to assist developing countries, in particular small island developing States, to operationalize data networks and clearing houses for information-sharing on oceans. In this context, particular emphasis must be placed on the collection of biological and other fisheries-related information and the resources for its collation, analysis and dissemination.

Commission on Sustainable Development, 4th Session
18 April-3 May 1996

Institutional arrangements for the implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities*

The Economic and Social Council Recommends to the General Assembly the adoption of the following draft resolution:

The General Assembly,

Recalling the relevant provisions of Agenda 21, 1/ in particular chapters 17, 33, 34, 38 and other related chapters, and the Rio Declaration on Environment and Development, 2/   Recalling further its resolution 50/110 of 20 December 1995 on the report of the Governing Council of the United Nations Environment Programme, in which it endorsed, inter alia, Governing Council decision 18/31 on the protection of the marine environment from land-basedactivities, Noting the successful conclusion of the Intergovernmental Conference to Adopt a Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, which was held in Washington, D.C. from 23 October to 3 November 1995,

Having considered the Washington Declaration and the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, as well as the proposal of the United Nations Environment Programme on institutional arrangements and implementation of the Global Programme of Action and relevant recommendations of the Commission on Sustainable Development,

1. Endorses the Washington Declaration 3/ and the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities; 4/

2. Stresses the need for States to take the necessary measures forthe implementation of the Global Programme of Action at the national and, as appropriate, regional and international levels;

3. Also stresses the need for States to take action for the formal endorsement by each competent international organization of those parts of the Global Programme of Action which are relevant to their mandates and to accord appropriate priority to the implementation of the Global Programme of Action in the work programme of each organization;

4. Further stresses the need for States to take such action at the next meetings of the governing bodies of the United Nations Environment Programme, the United Nations Development Programme, the United Nations Centre for Human Settlements (Habitat), the Food and AgricultureOrganization of the United Nations, the World Health Organization, theInternational Maritime Organization, the International Atomic EnergyAgency, the International Labour Organization and the United Nations Industrial Development Organization and in the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization and the relevant bodies of the InternationalMonetary Fund and the World Bank, as well as in other competentinternational and regional organizations within and outside the United Nations system;

5. Finally stresses the need for international cooperation, as outlined in sections IV.A and B of the Global Programme of Action, in capacity-building, technology transfer and cooperation, and the mobilization of financial resources, including support, in particular, for developing countries, especially the least developed countries, countries with economies in transition and small island developing States, and to this end calls upon bilateral donors and international, regional and subregional financial institutions and mechanisms, including the Global Environment Facility, and other competent development and financial institutions to:

(a) Ensure that their programmes give appropriate priority for country-driven projects aimed at the implementation of the Global Programme of Action;

(b) Assist with capacity-building in the preparation and implementation of national programmes and in identifying ways and means of funding them;

(c) Improve their coordination so as to enhance the delivery of financial and other support;

6. Invites non-governmental organizations and major groups to initiate and strengthen their actions to facilitate and support the effective implementation of the Global Programme of Action;

7. Requests the Executive Director of the United Nations Environment Programme to prepare, for the consideration of the Governing Council at its nineteenth session, specific proposals on:

(a) The role of the United Nations Environment Programme in the implementation of the Global Programme of Action, including the relevant role of its Regional Seas Programme and Water Unit;

(b) Arrangements for secretariat support to the Global Programme of Action;

(c) Modalities for periodic intergovernmental review of progress in implementing the Global Programme of Action;

8. Calls upon the United Nations Environment Programme, within its available resources, and with the aid of voluntary contributions from States for this purpose, to take expeditious action to provide for the establishment and implementation of the clearing-house mechanism referred to in the Global Programme of Action, and requests the Executive Director of the United Nations Environment Programme to prepare and submit to the Governing Council at its nineteenth session specific proposals on, inter alia:

(a) The establishment of an inter-organizational group to develop the basic design and structure of the clearing-house data directory and its linkages to information delivery mechanisms;

(b) The means of linking the inter-organizational group to ongoing work within the United Nations system on the identification of and access to relevant databases and the comparability of data;

(c) The outline of a pilot project on the development of the clearing-house's source category component on sewage, to be implemented in partnership with the World Health Organization;

9. Calls upon States, in relation to the clearing-house mechanism, to take action in the governing bodies of relevant intergovernmental organizations and programmes so as to ensure that these organizations and programmes take the lead in coordinating the development of the clearing-house mechanism with respect to the following source categories, which are not listed in order of priority:

(a) Sewage - the World Health Organization;

(b) Persistent organic pollutants - Inter-organizational Programme for the Sound Management of Chemicals, the International Programme on Chemical Safety and Intergovernmental Forum  on Chemical Safety;

(c) Heavy metals - the United Nations Environment Programme in cooperation with the Inter-organizational Programme for the Sound Management of Chemicals;

(d) Radioactive substances - the International  Atomic Energy Agency;

(e) Nutrients and sediment mobilization - the Food and Agriculture Organization of the United Nations;

(f) Oils (hydrocarbons) and litter - the International Maritime Organization;

(g) Physical alterations, including habitat modification and destruction of areas of concern - the United Nations Environment Programme;

10. Decides to determine, at its special session to be held in June 1997 in accordance with its resolution 50/113 of 20 December 1995, specific arrangements for integrating the outcomes of periodic intergovernmental reviews, as envisaged in paragraph 7 (c) above, in the future work of the Commission on Sustainable Development related to the monitoring of the implementation of and follow-up to Agenda 21, in particular chapter 17.

Report of the Commission on Sustainable Development on the Fourth Session
(18 April-3 May 1996)

Decision 4/15. Protection of the atmosphere and protection of the oceans and all kinds of seas*
(* Chapters 9 and 17 of Agenda 21. For the discussion, see chapter VI below).

A. Interlinkages

1. The Commission notes that a number of issues are common to both chapters under review - chapter 9 (Protection of the atmosphere) and chapter 17 (Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources). It also notes that both these chapters have interlinkages with several other chapters of Agenda 21. Indeed, the broad-based nature of chapters 9 and 17 can be seen to encompass all important aspects of sustainable development.

2. The Commission stresses the close interrelationship between protection of oceans and all kinds of seas and protection of the atmosphere, in view of the exchange of matter and energy that takes place between the atmosphere and oceans and their influence on marine and terrestrial ecosystems. It therefore calls for the integration of protective measures in order to address effectively the problems of adverse impacts of human activity on the atmosphere and the oceans. To this end, in particular, the Commission considers that there is a need to further strengthen coordination mechanisms between regions and subregions for better exchange of information and experience gained.  

B. Protection of the atmosphere

3. The Commission welcomes, with reservations, the proposals contained in

the report of the Secretary-General on protection of the atmosphere/CN.17/1996/22 and Add.1). It stresses the need for broad international action to address global atmospheric problems, taking into full account principle 7, 16/ of the Rio Declaration on Environment and Development and paragraph 4.3, 17/ of chapter 4 of Agenda 21 (Changing consumption patterns) in developing measures to protect the atmosphere on a global scale. It furthermore stresses that atmospheric protection measures to reduce air pollution, combat climate change and prevent ozone layer depletion should be undertaken at the national, subregional, regional and international levels.

4. The Commission notes the risk of exacerbating other environmental, as well as socio-economic, problems through actions to address an individual issue, and stresses the need to address atmosphere-related problems in an integrated and comprehensive way. It emphasizes that an essential component of measures to protect the atmosphere, environment and human health is the reduction of local emissions - especially urban air pollution - which must be dealt with at the local, regional and international levels on the basis of common but differentiated responsibilities. In addition, it stresses the importance of combating all kinds of land degradation, deforestation, forest degradation and desertification, which have adverse impacts on human health and the environment, and the importance of improved land use management. In this context, the Commission refers to principle 15, 18/ of the Rio Declaration and principle 3, 19/ of article 3 of the United Nations Framework Convention on Climate Change (A/AC.237/18 (Part II)/Add.1, annex I), which reflect the precautionary principle approach. The Commission recommends the application of this approach, taking into account related uncertainties and risks.

5. The Commission stresses the importance of a sound scientific and socio-economic knowledge base upon which appropriate responses to atmospheric pollution can be formulated, and encourages national participation in, and support for, international programmes of relevant scientific, technical and socio-economic research, monitoring and assessment, taking into account the precautionary principle referred to in paragraph 4 above. The Commission welcomes the Second Assessment Report (SAR) adopted by the Intergovernmental Panel on Climate Change (IPCC) in December 1995 as the most comprehensive assessment of climate change issues to date. The report states, among other conclusions, and in the full context of the report, that the balance of evidence suggests a discernible human influence on global climate. 20/ The report emphasizes that the scientific and technical expertise required by the developing countries and by countries with economies in transition to protect the atmosphere needs further strengthening and, to this end, requires the financial and technical support of the international community. It supports the initiative of a number of international organizations to establish an integrated international framework for climate-related programmes.

6. The Commission urges countries that have not yet done so to sign and ratify the United Nations Framework Convention on Climate Change, with special emphasis on the successful conclusion of the Berlin Mandate process; the Vienna Convention for the Protection of the Ozone Layer, its Montreal Protocol and subsequent amendments and adjustments; and the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, and fully implement their commitments therein.

7. The Commission encourages parties to the United Nations Convention to Combat Desertification, as well as those countries in the process of ratification, to coordinate activities with those undertaken under relevant international agreements, including the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity and the work of the Ad Hoc Intergovernmental Panel on Forests.

8. The Commission asserts that the production, conversion and use of energy has been and will continue to be one of the fundamental requirements for economic growth and social improvement. Non-sustainable development and use in the energy and other sectors is linked to environmental and societal problems, including air and water pollution, health impacts and global warming.

9. The Commission welcomes the outcome of the Seminar on Decentralized Electrification of Rural Areas (Marrakesh, Morocco, 13-17 November 1995) and calls upon Governments as well as international organizations and non-governmental organizations to consider supporting, as appropriate, the recommendations of the Seminar.

10. The Commission calls on Governments to consider the broad spectrum of cost-effective policy instruments - economic and fiscal, regulatory and voluntary - available to them, including environmental cost internalization and removal of environmentally damaging subsidies, to improve energy efficiency and efficiency standards and to promote the use of sustainable and environmentally sound renewable energy sources, as well as the use of energy sources with low greenhouse gas (GHG) emissions, in all relevant sectors; and encourages Governments and relevant institutions and organizations to cooperate, as appropriate, in the implementation of policy and economic instruments aimed at minimizing adverse effects on international competitiveness and at optimizing the allocation of resources, and to cooperate in minimizing the possible adverse economic impacts on developing countries resulting from the implementation of those policies and measures.

11. The Commission urges Governments and relevant institutions and organizations to utilize education and training, information dissemination, enhancement of knowledge and voluntary agreements to improve efficiency in the production, distribution and use of energy and other natural resources. 12. The Commission urges multilateral financial institutions to use their investment strategies, in cooperation with interested recipient countries, for the development and dissemination of environmentally sound technologies, provided that such considerations do not constitute new barriers and conditions to accessing financial resources.

13. With regard to international cooperation, the Commission refers to paragraph 2 of its decision on financial resources and mechanisms (decision 4/14). 14. The Commission urges Governments and the private sector to increase their research into energy and material efficiency and more environmentally sound production technologies, including improved GHG sequestration technologies, and to actively participate in technology transfer and capacity-building in developing countries and countries with economies in transition. It also urges the industrial sector to take full account of concerns related to the protection of atmosphere and the use of cost-effective environmentally sound technologies in their investment strategies.

15. The Commission notes the rapid growth in the transport sector resulting in a concomitant increase in energy requirements in both industrialized and developing countries. It urges Governments to consider appropriate options, such as the different measures mentioned in paragraph 64 of the report of the Ad Hoc Inter-sessional Working Group on Sectoral Issues (E/CN.17/1996/6). The Commission notes that a Conference on Environment and Transport will be held in 1997 under the auspices of the Economic Commission for Europe (ECE), as suggested in paragraph 9.15 (f) of chapter 9 of Agenda 21 (Protection of the atmosphere).

16. The Commission recommends that Governments and organizations actively support the Montreal Protocol and the efforts of its parties to eliminate the illegal trade in ozone-depleting substances; continue, within existing financial mechanisms, to provide adequate financial and technical support to developing countries and countries with economies in transition, to assist them in phasing out production and consumption of ozone-depleting substances, in accordance with their obligations under the Montreal Protocol; consider the total environmental impact of alternatives to ozone-depleting substances; and give priority to solutions that provide the greatest overall benefit in terms of both ozone protection and prevention of global warming. This will be consistent with an integrated approach to the protection of the atmosphere. The Commission expresses concern about the financial state of the Multilateral Fund of the Montreal Protocol, and calls upon States to make contributions thereto.

17. The Commission urges Governments and organizations, in considering transboundary air pollution issues, to take measures to reduce emissions of acidifying substances with the aim of not exceeding critical loads and levels and to reduce emissions of volatile organic compounds; and urges developed countries to enhance programmes that share management expertise, scientific expertise and information on technical mitigation options with developing countries and countries with economies in transition.

18. The Commission encourages Governments to address the growing problem of transboundary air pollution and, in particular, risks caused by persistent organic pollutants. The Commission notes, in particular, the pollution affecting the Arctic. In this respect the Commission reaffirms the need for effective transboundary air pollution agreements such as the ECE Convention on Long-range Transboundary Air Pollution and its protocols in all affected regions. It urges Governments, as appropriate, to develop and implement policies and programmes, in a cooperative manner, to control emissions and prevent transboundary air pollution in their regions, through, inter alia, increased technology transfer and shared technical information. The Commission stresses the need for research and evaluation of endocrine disrupting chemicals.

19. The Commission requests the Secretary-General to prepare a report for consideration by the Commission at its fifth session, in 1997, covering an inventory of ongoing energy-oriented programmes and activities within the United Nations system, as well as proposals for arrangements as appropriate, that might be needed to foster the linkage between energy and sustainable development within the United Nations system.

C. Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources

20. The Commission takes note of the report of the Secretary-General on protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources (E/CN.17/1996/3 and Add.1).

21. The Commission reaffirms the common aim of promoting the sustainable development, conservation and management of the coastal and marine environment. It stresses that action at the national, subregional and regional levels must play the prime role, but that effective arrangements are needed within global institutions for establishing their coherent priorities for action. It affirms that decisions on questions affecting the marine environment must be the result of an integrated approach taking into account all relevant environmental, social and economic factors, including the special requirements of developing countries, and the best available scientific evidence. To this end, it supports collaboration between the holders of such information and those concerned with the formulation of policies including national policy makers. Such collaboration should reflect a precautionary approach taking into account the uncertainties in the information available and the related risks for people and resources. The Commission therefore states that international arrangements for decision-making must recognize the importance of financial resources, transfer of environmentally sound technology, capacity-building, resource ownership and management, and the exchange of information as well as know-how, among developing and developed countries and countries with economies in transition.

22. The Commission welcomes the considerable progress in recent intergovernmental negotiations related to oceans and seas. The entry into force in 1994 of the United Nations Convention on the Law of the Sea 21/ was a fundamental achievement and provides the framework for the protection of the marine environment. Other recent successes include, inter alia, the Agreement to Promote Compliance with International Conservation and Management Measures by Vessels Fishing in the High Seas; 22/ the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982; 23/ the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; 24/ the Code of Conduct for Responsible Fisheries; 25/ and the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (UNEP, November 1995) (A/51/116, annex II). The immediate need is for the Governments concerned to participate in and implement these agreements.

23. The Commission also welcomes the Jakarta initiative entitled "Conservation and sustainable use of marine and coastal biological diversity" (decision II/10 of the second meeting of the Conference of the Parties to the Convention on Biological Diversity), adopted in November 1995, 26/ and the Kyoto Declaration and Plan of Action, adopted in December 1995 by the International Conference on the Sustainable Contribution of Fisheries to Food Security.

24. The Commission recognizes the importance of coral reefs and other related ecosystems as a life-support system of many countries, particularly small island developing States, and as a rich source of biodiversity. The Commission emphasizes the need for development and implementation of integrated coastal and marine area management plans to deal with issues relating to the coastal and marine environment. To this end the Commission welcomes the Call to Action of the International Coral Reef Initiative (ICRI) of June 1995 as a means to address threats to coral reefs and related ecosystems and the inauguration of the 1997 International Year of the Reefs (IYR). The Commission likewise acknowledges that other marine ecosystems such as mangroves, estuaries and seagrass beds gather a broad variety of biodiversity and productivity and also deserve special attention. The Commission requests organizations of the United Nations system to contribute to public education on coral reefs and other coastal marine ecosystems. It urges the international community to strengthen existing institutional mechanisms and knowledge bases in these areas. The Commission further urges concerned Governments, entities within the United Nations systems, multilateral development banks, donor institutions, local communities, non-governmental organizations, the private sector and the scientific community to support the implementation of the ICRI Call to Action, launching local or national coral reef initiatives as part of their plans for integrated coastal development and management.

25. The Commission encourages States, individually and through the International Maritime Organization (IMO) and other relevant United Nations organizations and programmes, to continue taking measures to address the environmental effects of shipping.

26. The Commission takes note that with regard to offshore oil and gas activities, IMO conclusions on harmonized environmental regulations have been and are being developed in specific regional programmes. The Commission also notes that IMO supported this approach and encouraged its wider adoption, and concludes that there is no compelling need at this time to further develop globally applicable environmental regulations in respect of the exploitation and exploration aspects of offshore oil and gas activities.

27. The Commission encourages States to continue relevant national and regional reviews of the need for additional measures to address the issue of degradation of the marine environment, as called for in paragraph 17.30 of Agenda 21, taking into account the relevant expertise of IMO, the United Nations Environment Programme (UNEP) and the Division for Ocean Affairs and the Law of the Sea of the United Nations Secretariat. To this end, it calls for partnership, within specific regions, between Governments and the private sector.

28. The Commission encourages relevant and competent international and regional bodies to make available appropriate inputs to expert meetings to be held in the Netherlands on offshore oil and gas activities, in which national and regional experiences could be exchanged, and invites the Netherlands and Brazil, where a regional meeting recently took place on this subject, to make available to Commission members and other interested States the outcome of these expert meetings.

29. The Commission urges countries that have not yet done so to sign, ratify and implement the International Convention for the Prevention of Pollution from Ships (MARPOL), the Convention on the Prevention of Marine Pollution by Dumping from Ships and Aircraft (London Convention) (1972) and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989).

30. The Commission calls on States to adopt, according to their national policies and priorities and with appropriate financial and technical support, appropriate measures to ensure that the management of their watercourses, inland waters and the related catchments are consistent with the aims of their integrated coastal area management. It also calls for account to be taken of the potential impact of decisions on freshwater management systems upon the coastal seas into which relevant rivers drain. It requests States and entities within the United Nations system to promote programmes to guide management and corrective actions to control pollution in the larger coastal urban settlements, and requests the World Bank and regional development banks to continue developing effective means for their implementation.

31. The Commission welcomes the successful outcome of the Intergovernmental Conference to Adopt a Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, held in Washington, D.C., in 1995, and decides to submit to the Economic and Social Council at its substantive session of 1996 a draft resolution to be considered by the General Assembly at its fifty-first session on the institutional arrangements for the implementation of the Global Programme of Action (see chap. I, sect. A).

32. The Commission endorses the request contained in the Washington Declaration on the Protection of the Marine Environment from Land-based Activities, adopted by the Intergovernmental Conference, for the Executive Director of UNEP, in close partnership with the World Health Organization (WHO), the United Nations Centre for Human Settlements (Habitat), the United Nations Development Programme (UNDP) and other relevant organizations, to prepare proposals for a plan to address the global nature of the problem of inadequate management and treatment of waste water and its consequences for human health and the environment, and to promote the transfer of appropriate and affordable technology drawn from the best available techniques, and referred to in the Global Programme of Action. Such proposals are to be considered by the Governing Council of UNEP at its nineteenth session.

33. The Commission further recognizes the intention of the Governments participating in the Washington Intergovernmental Conference to take action to develop, in accordance with the provisions of the Global Programme of Action, a global, legally binding instrument for the reduction and/or elimination of emissions, discharges and, where appropriate, the elimination of the manufacture and use of the persistent organic pollutants identified in decision 18/32 adopted by the Governing Council of UNEP at its eighteenth session (see A/50/25, annex). The nature of the obligations undertaken must be developed, recognizing the special circumstances of countries in need of assistance. Particular attention should be devoted to the potential need for the continued use of certain persistent organic pollutants to safeguard human health, sustain food production and alleviate poverty in the absence of alternatives and the difficulty of acquiring substitutes and transferring technology for the development and/or production of those substitutes.

34. The Commission urges, as mentioned in paragraph 113 (d) of the Global Programme of Action, consideration by all Governments and international organizations that have expertise in the field of clean-up and disposal of radioactive contaminants to giving appropriate assistance as may be requested for remedial purposes in adversely affected areas.

35. The Commission stresses the fact that the insufficiency of research capacity and information systems is particularly noticeable in the developing world and in small island developing States. It expresses its support for the Global Ocean Observing System (GOOS), established by the United Nations Educational, Scientific and Cultural Organization/Intergovernmental Oceanographic Commission (UNESCO/IOC), and notes the initiative to develop the EuroGOOS system.

1. Implementation of international fishery instruments

36. The Commission on Sustainable Development notes with concern that significant fish stocks are depleted or overexploited, and considers that urgent corrective action is needed to rebuild depleted fish stocks and to ensure the sustainable use of all fish stocks. The Commission therefore welcomes the major steps that have been made towards fulfilling the goals of Agenda 21 as a result of the entry into force of the United Nations Convention on the Law of the Sea in November 1994 and the adoption of two agreements:

(a) The Agreement to Promote Compliance with International Conservation and Management Measures by Vessels Fishing in the High Seas (1993);

(b) The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995); and the voluntary instrument: (c) The Code of Conduct for Responsible Fisheries of the Food and Agriculture Organization of the United Nations (1995). 37. The Commission also welcomes the successful adoption, in 1995, of the following: (a) The Rome Consensus on World Fisheries of the FAO Ministerial Meeting on Fisheries (Rome, March); (b) The Jakarta Mandate on the Conservation and Sustainable Use of Marine and Coastal Biological Diversity (decision II/10 of the second meeting of the Conference of the Parties to the Convention on Biological Diversity), adopted in November;

(c) General Assembly resolutions 50/23, 50/24 and 50/25 relating to the law of the sea and the sustainable use and conservation of marine living resources, adopted on 5 December;

(d) The Kyoto Declaration and Plan of Action on the Sustainable Contribution of Fisheries to Food Security (Kyoto, December).

38. The Commission recalls Agenda 21, according to which the ability of developing countries to fulfil the objectives of chapter 17, programme area D is dependent upon their capabilities, including the financial, scientific and technological means at their disposal. Adequate financial, scientific and technological cooperation should be provided to support actions by them to implement these objectives, as well as the provisions of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995) and the FAO Code of Conduct for Responsible Fisheries (1995).

39. The Commission agrees that sustainable world fisheries, including aquaculture, contribute significantly to the food supply and to achieving social, economic and development goals. The Commission stresses the importance of effective conservation and management of fish stocks and to this end recommends implementing the recently adopted international instruments in order to:

(a) Prevent or eliminate overfishing and excess fishing capacity;

(b) Apply the precautionary approach as referred to in the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the FAO Code of Conduct for Responsible Fisheries;

(c) Rebuild fish stocks throughout their entire range of distribution and protect vital habitats;

(d) Strengthen/create regional and subregional fisheries management organizations and arrangements in accordance with the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the FAO Code of Conduct for Responsible Fisheries;

(e) Strengthen fishery research and increase cooperation in this field;

(f) Promote environmentally sound fisheries technologies, prohibiting dynamiting, poisoning and other comparable destructive fishing practices;

(g) Minimize waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, and impacts on associated or dependent species, in particular endangered species, in accordance with the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the FAO Code of Conduct for Responsible Fisheries;

(h) Protect fisheries from harmful sea- and land-based activities;

(i) Deter, in accordance with the instruments referred to in paragraph 36 above and international law, the activities of vessels flying the flag of non-members or non-participants which engage in activities which undermine the effectiveness of subregional or regional conservation and management measures;

(j) Increase efforts to ensure full compliance with applicable conservation and management measures;

(k) Increase consultations among all local parties affected by fishery management decisions;

(l) Avoid adverse impacts on small-scale and artisanal fisheries consistent with the sustainable management of fish stocks, while protecting the rights of fishers, including subsistence, small-scale and artisanal fishers.

40. The Commission notes that the FAO Code of Conduct for Responsible Fisheries, in paragraph 6.14, states that international trade in fish and fishery products should be conducted in accordance with the principles, rights and obligations established in the World Trade Organization Agreement and other relevant international agreements. States should ensure that their policies, programmes and practices related to trade in fish and fishery products do not result in obstacles to this trade, environmental degradation or negative social, including nutritional, impacts.

41. The Commission recommends that in the preparations for the World Food Summit, the crucial contribution of sustainably managed fisheries should be taken into consideration.

42. The Commission further recommends that States and entities that have not yet done so should be called upon to sign/ratify/implement and promote awareness and understanding of the instruments referred to in paragraph 36 (a) to (c) above.

43. The Commission also recommends that FAO, as the competent specialized agency for fisheries, should be invited to prepare a report, based on information provided by its member States, on the actions listed above and, more generally, on progress made in improving the sustainability of fisheries, for consideration by the FAO Committee on Fisheries and for submission to the Secretary-General of the United Nations. Such a report would be relevant to the review of ocean issues recommended by the Commission in subsection 2 below.

2. International cooperation and coordination

44. The Commission on Sustainable Development, in order to enhance implementation of the commitment set forth in section F of chapter 17 of Agenda 21 to promote regular intergovernmental review and consideration, within the United Nations system, of general marine and coastal issues, including environment and development matters, agrees on the need:

(a) To better identify priorities for action at the global level to promote conservation and sustainable use of the marine environment;

(b) For better coordination among the relevant United Nations organizations and intergovernmental financial institutions;

(c) To ensure sound scientific, environmental, economic and social advice on these issues.

45. The Commission therefore recommends that the Economic and Social Council approve the following conclusions as regards addressing these issues, subject to the outcome of the special session of the General Assembly in 1997 at which the Assembly will, inter alia, decide on the future work programme of the Commission:

(a) There should be a periodic overall review by the Commission of all aspects of the marine environment and its related issues, as described in chapter 17 of Agenda 21, and for which the overall legal framework is provided by the United Nations Convention on the Law of the Sea. 21/ This review should cover other chapters and provisions of Agenda 21 directly related to the marine environment. This review should draw upon reports of the United Nations Environment Programme (UNEP), and those of other relevant United Nations bodies and international organizations in their respective fields, coordinated by the Administrative Committee on Coordination (ACC) Subcommittee on Oceans and Coastal Areas. Other modalities for the review should be decided by the Commission on Sustainable Development. The results of such reviews should be considered by the General Assembly under an agenda item entitled "Oceans and the law of the sea";

(b) In order to address the need for improved coordination, the Secretary-General should be invited to review the working of the ACC Subcommittee on Oceans and Coastal Areas, with a view to improving its status and effectiveness, including the need for closer inter-agency links between, inter alia, the secretariat of the Subcommittee and UNEP;

(c) The Secretary-General and the executive heads of the agencies and organizations of the United Nations system sponsoring the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) should be invited to review the Group's terms of reference, composition and methods of work, with a view to improving its effectiveness and comprehensiveness while maintaining its status as a source of agreed, independent scientific advice.