(* 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 (E/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.