The Commission on the Protection of the Black Sea Against Pollution

Permanent Secretariat

Convention and Protocols

Convention on the Protection of the Black Sea Against Pollution

The Contracting Parties,

Determined to act with a view to achieve progress in the protection of the marine environment of the Black Sea and in the conservation of its living resources,

Conscious of the importance of the economic, social and health values of the marine environment of the Black Sea,

Convinced that the natural resources and amenities of the Black Sea can be preserved primarily through joint efforts of the Black Sea countries,

Taking into account the generally accepted rules and regulations of international law,

Having in mind the principles, customs and rules of general international law regulating the protection and preservation of the marine environment and the conservation of the living resources thereof,

Taking into account the relevant provisions of the Convention on Prevention of Marine Pollution by Dumping of Wastes and Other Matter of 1972 as amended; the International Convention on Prevention of Pollution from Ships of 1973 as modified by the Protocol of 1978 relating thereto as amended; the Convention on Control of Transboundary Movement of Hazardous Wastes and Their Disposal of 1989 and the International Convention on Oil Pollution Preparedness, Response and Cooperation of 1990,

Recognizing the significance of the principles adopted by the Conference on Security and Cooperation in Europe,

Taking into account their interest in the conservation, exploitation and development of the bio-productive potential of the Black Sea,

Bearing in mind that the Black Sea coast is a major international resort area where Black Sea Countries have made large investments in public health and tourism,

Taking into account the special hydrological and ecological characteristics of the Black Sea and the hypersensitivity of its flora and fauna to changes in the temperature and composition of the sea water,

Noting that pollution of the marine environment of Black Sea also emanates from land-based sources in other countries of Europe, mainly through rivers,

Reaffirming their readiness to cooperate in the preservation of the marine environment of the Black Sea and the protection of its living resources against pollution,

Noting the necessity of scientific, technical and technological cooperation for the attainment of the purposes of the Convention,

Noting that existing international agreements do not cover all aspects of pollution of the marine environment of the Black Sea emanating from third countries,

Realizing the need for close cooperation with competent international organizations based on a concerted regional approach for the protection and enhancement of the Black Sea,

Have agreed as follows:

Article I - Area of application

  1. This Convention shall apply to the Black Sea proper with the southern limit constituted for the purposes of this Convention by the line joining Capes Kelagra and Dalyan.
  2. For the purposes of this Convention the reference to the Black Sea shall include the territorial sea and exclusive economic zone of each Contracting Party in the Black Sea. However, any Protocol to this Convention may provide otherwise for the purposes of that Protocol.

Article II - Definitions

For the purposes of this Convention:

  1. “Pollution of the marine environment” means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazard to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities.
    1. “Vessel” means seaborne craft of any type. This expression includes hydrofoil boats, aircushion vehicles, submersibles, floating craft whether self-propelled or not and platforms and other man-made structures at sea.
    2. “Aircraft” means airborne craft of any type.
    1. “Dumping” means:
      1. any deliberate disposal of wastes or other matter from vessels or aircraft;
      2. any deliberate disposal of vessels or aircraft;
    2. “Dumping” does not include:
      1. the disposal of wastes or other matter incidental to or derived from the normal operations of vessels or aircraft and their equipment, other than wastes or other matter transported by or to vessels or aircraft operating for purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels or aircraft;
      2. placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.
  2. “Harmful substance” means any hazardous, noxious or other substance, the introduction of which into the marine environment would result in pollution or adversely affect the biological processes due to its toxicity and/or persistence and/or bioaccumulation characteristics.

Article III - General provisions

The Contracting Parties take part in this Convention on the basis of full equality in rights and duties, respect for national sovereignty and independence, non-interference in their internal affairs, mutual benefit and other relevant principles and norms of international law.

Article IV - Sovereign immunity

This Convention does not apply to any warship, naval auxiliary or other vessels or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service.

However, each Contracting Party shall ensure, by the adoption of appropriate measures not impairing operations of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is practicable, with this Convention.

Article V - General undertakings

  1. Each Contracting Party shall ensure the application of the Convention in those areas of the Black Sea where it exercises its sovereignty as well as its sovereign rights and jurisdiction without prejudice to the rights and obligations of the Contracting Parties arising from the rules of international law.

Each Contracting Party, in order to achieve the purposes of this Convention, shall bear in mind the adverse effect of pollution within its internal waters on the marine environment of the Black Sea.

  1. The Contracting Parties shall take individually or jointly, as appropriate, all necessary measures consistent with international law and in accordance with the provisions of this Convention to prevent, reduce and control pollution thereof in order to protect and preserve the marine environment of the Black Sea.
  2. The Contracting Parties will cooperate in the elaboration of additional Protocols and Annexes other than those attached to this Convention, as necessary for its implementation.
  3. The Contracting Parties, when entering bilateral or multilateral agreements for the protection and preservation of the marine environment of the Black Sea, shall endeavour to ensure that such agreements are consistent with this Convention. Copies of such agreements shall be transmitted to the other Contracting Parties through the Commission as defined in Article XVII of this Convention.
  4. The Contracting Parties will cooperate in promoting, within international organizations found to be competent by them, the elaboration of measures contributing to the protection and preservation of the marine environment of the Black Sea.

Article VI - Pollution by hazardous substances and matter

Each Contracting Party shall prevent pollution of the marine environment of the Black Sea from any source by substances or matter specified in the Annex to this Convention.

Article VII - Pollution from land-based sources

The Contracting Parties shall prevent, reduce and control pollution of the marine environment of the Black Sea from land based sources, in accordance with the Protocol on the Protection of the Black Sea Marine Environment Against Pollution from Land-Based Sources which shall form an integral part of this Convention.

Article VIII - Pollution from vessels

The Contracting Parties shall take individually or, when necessary, jointly, all appropriate measures to prevent, reduce and control pollution of the marine environment of the Black Sea from vessels in accordance with generally accepted international rules and standards.

Article IX - Cooperation in combating pollution in emergency situations

The Contracting Parties shall cooperate in order to prevent, reduce and combat pollution of the marine environment of the Black Sea resulting from emergency situations in accordance with the Protocol on Cooperation in Combatting Pollution of the Black Sea by Oil and Other Harmful Substances in Emergency Situations which shall form an integral part of this Convention.

Article X - Pollution by dumping

  1. The Contracting Parties shall take all appropriate measures and cooperate in preventing, reducing and controlling pollution caused by dumping in accordance with the Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping which shall form an integral part of this Convention.
  2. The Contracting Parties shall not permit, within areas under their respective jurisdiction, dumping by natural or juridical persons of non-Black Sea States.

Article XI - Pollution from activities on the continental shelf

  1. Each Contracting Party shall, as soon as possible, adopt laws and regulations and take measures to prevent, reduce and control pollution of the marine environment of the Black Sea caused by or connected with activities on its continental shelf, including the exploration and exploitation of the natural resources of the continental shelf.
  2. The Contracting Parties shall inform each other through the Commission of the laws, regulations and measures adopted by them in this respect.

  3. The Contracting Parties shall cooperate in this field, as appropriate, and endeavour to harmonize the measures referred to in paragraph 1 of this Article.

Article XII - Pollution from or through the atmosphere

The Contracting Parties shall adopt laws and regulations and take individual or agreed measures to prevent, reduce and control pollution of the marine environment of the Black Sea from or through the atmosphere, applicable to the airspace above their territories and to vessels flying their flag or vessels and aircraft registered in their territory.

Article XIII - Protection of the marine living resources

The Contracting Parties, when taking measures in accordance with this Convention for the prevention, reduction and control of the pollution of the marine environment of the Black Sea, shall pay particular attention to avoiding harm to marine life and living resources, in particular by changing their habitats and creating hindrance to fishing and other legitimate uses of the Black Sea, and in this respect shall give due regard to the recommendations of competent international organizations.

Article XIV - Pollution by hazardous wastes in transboundary movement

The Contracting Parties shall take all measures consistent with international law and cooperate in preventing pollution of the marine environment of the Black Sea due to hazardous wastes in transboundary movement, as well as in combatting illegal traffic thereof, in accordance with the Protocol to be adopted by them.

Article XV - Scientific and technical cooperation and monitoring

  1. The Contracting Parties shall cooperate in conducting scientific research aimed at protecting and preserving the marine environment of the Black Sea and shall undertake, where appropriate, joint programmes of scientific research, and exchange relevant scientific data and information.
  2. The Contracting Parties shall cooperate in conducting studies aimed at developing ways and means for the assessment of the nature and extent of pollution and of its effect on the ecological system in the water column and sediments, detecting pollutes areas, examining and assessing risks and finding remedies, and in particular, they shall develop alternative methods of treatment, disposal, elimination or utilization of harmful substances.
  3. The Contracting Parties shall cooperate through the Commission in establishing appropriate scientific criteria for the formulation and elaboration of rules, standards and recommended practices and procedures for the prevention, reduction and control of pollution of the marine environment of the Black Sea.
  4. The Contracting Parties shall, inter alia, establish through the Commission and, where appropriate, in cooperation with international organizations they consider to be competent, complementary or joint monitoring programmes covering all sources of pollution and shall establish a pollution monitoring system for the Black Sea including, as appropriate, programmes as bilateral or multilateral level for observing, measuring, evaluating and analyzing the risks or effects of pollution of the marine environment of the Black Sea.
  5. When the Contracting Parties have reasonable grounds for believing that activities under their jurisdiction or control may cause substantial pollution or significant and harmful changes to the marine environment of the Black Sea, they shall, before commencing such activities, assess their potential effects on the basis of all relevant information and monitoring data and shall communicate the results of such assessments to the Commission.
  6. The Contracting Parties shall co-operate as appropriate, in the development, acquisition and introduction of clean and low waste technology, inter alia, by adopting measures to facilitate the exchange of such technology.
  7. Each Contracting Party shall designate the competent national authority responsible for scientific activities and monitoring.

Article XVI - Responsibility and liability

  1. The Contracting Parties are responsible for the fulfillment of their international obligations concerning the protection and the preservation of the marine environment of the Black Sea.
  2. Each Contracting Party shall adopt rules and regulations on the liability for damaged caused by natural or juridical persons to the marine environment of the Black Sea in areas where it exercises, in accordance with international law, its sovereignty, sovereign rights or jurisdiction.
  3. The Contracting Parties shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief for damage caused by pollution of the marine environment of the Black Sea by natural or juridical persons under their jurisdiction.
  4. The Contracting Parties shall cooperate in developing and harmonizing their laws, regulations and procedures relating to liability, assessment of and compensation for damage caused by pollution of the marine environment of the Black Sea, in order to ensure the highest degree of deterrence and protection for the Black Sea as a whole.

Article XVII - The Commission

  1. In order to achieve the purposes of this Convention, the Contracting Parties shall establish a Commission on the Protection of the Black Sea Against Pollution, hereinafter referred to as “the Commission”.
  2. Each Contracting Party shall be represented in the Commission by one Representative who may be accompanied by Alternate Representatives, Advisers and Experts.
  3. The Chairmanship of the Commission shall be assumed by each Contracting Party, in turn, in the alphabetical order of the English language. The first Chairman of the Commission shall be the Representative of the Republic of Bulgaria.
  4. The Chairman shall serve for one year, and during his term he cannot act in the capacity of Representative of his country. Should the Chairmanship fall vacant, the Contracting Party chairing the Commission shall appoint a successor to remain in office until the term of its Chairmanship expires.
  5. The Commission shall meet at last once a year. The Chairman shall convene extraordinary meetings upon the request of any Contracting Party.
  6. Decisions and recommendations of the Commission shall be adopted unanimously by the Black Sea States.
  7. The Commission shall be assisted in its activities by a permanent Secretariat. The Commission shall nominate the Executive Director and other officials of the Secretariat. The Executive Director shall appoint the technical staff in accordance with the rules to be established by the Commission. The Secretariat shall be composed of nationals of all Black Sea States.
  8. The Commission and the Secretariat shall have their headquarters in Istanbul. The location of the headquarters may be changed by the Contracting Parties by consensus.
  9. The Commission shall adopt its Rules of Procedure for carrying out its functions, decide upon the organization of its activities and establish subsidiary bodies in accordance with the provisions of this Convention.
  10. Representatives, Alternate Representatives, Advisers and Experts of the Contracting Parties shall enjoy in the territory of the respective Contracting Party diplomatic privileges and immunities in accordance with international law.
  11. The privileges and immunities of the officials of the Secretariat shall be determined by agreement among the Contracting Parties.
  12. The Commission shall have such legal capacity as may be necessary for the exercise of its functions.
  13. The Commission shall conclude a Headquarters Agreement with the host Contracting Party.

Article XVIII - Functions of the Commission

The Commission shall:

  1. Promote the implementation of this Convention and inform the Contracting Parties of its work.
  2. Make recommendations on measures necessary for achieving the aims of this Convention.
  3. Consider questions relating to the implementation of this Convention and recommend such amendments to the Convention and to the Protocols as may be required, including amendments to Annexes of this Convention and the Protocols.
  4. Elaborate criteria pertaining to the prevention, reduction and control of pollution of the marine environment of the Black Sea and to the elimination of the effects of pollution, as well as recommendations on measures to this effect.
  5. Promote the adoption by the Contracting Parties of additional measures needed to protect the marine environment of the Black Sea, and to that end receive, process and disseminate to the Contracting Parties relevant scientific, technical and statistical information and promote scientific and technical research.
  6. Cooperate with competent international organizations, especially with a view to developing appropriate programmes or obtaining assistance in order to achieve the purposes of this Convention.
  7. Consider any questions raised by the Contracting Parties.
  8. Perform other functions as foreseen in other provisions of this Convention or assigned unanimously to the Commission by the Contracting Parties.

Article XIX - Meetings of the Contracting Parties

  1. The Contracting Parties shall meet in conference upon recommendation by the Commission. They shall also meet in Conference within ten days at the request of one Contracting Party under extraordinary circumstances.
  2. The primary function of the meetings of the Contracting Parties shall be the review of the implementation of this Convention and of the Protocols upon the report of the Commission.
  3. A non-Black Sea State which accedes to this Convention may attend the meetings of the Contracting Parties in an advisory capacity.

Article XX - Adoption of amendments to the Convention and/or to the Protocols

  1. Any Contracting Party may propose amendments to the articles of this Convention.
  2. Any Contracting Party to this Convention may propose amendments to any Protocol.
  3. Any such proposed amendment shall be transmitted to the depositary and communicated by it through diplomatic channels to all the Contracting Parties and to the Commission.
  4. Amendments to this Convention and to any Protocol shall be adopted by consensus at a Diplomatic Conference of the Contracting Parties to be convened within 90 days after the circulation of the proposed amendment by the depositary.
  5. The amendments shall enter into force 30 days after the depositary has received notifications of acceptance of these amendments from all Contracting Parties.

Article XXI - Annexes and amendments to Annexes

  1. Annexes to this Convection or to any Protocol shall form an integral part of the Convention or such Protocol, as the case may be.
  2. Any Contracting Party may propose amendments to the Annexes to this Convention or to the Annexes of any Protocol through its Representative in the Commission. Such amendments shall be adopted by the Commission on the basis of consensus. The depositary, duly informed by the Chairman of the Commission of its decision, shall without delay communicate the amendments so adopted to all the Contracting Parties. Such amendments shall enter into force 30 days after the depositary has received notifications of acceptance from all Contracting Parties.
  3. The provisions of paragraph 2 of this Article shall apply to the adoption and entry into force of a new Annex to this Convention or to any Protocol.

Article XXII - Notification of entry into force of amendments

The depositary shall inform, through diplomatic channels, the Contracting Parties of the date on which amendments adopted under Articles XX and XXI enter into force.

Article XXIII - Financial rules

The Contracting Parties shall decide upon all financial matters on the basis of unanimity, taking into account the recommendations of the Commission.

Article XXIV - Relation to other international instruments

Nothing in this Convention shall affect in any way the sovereignty of States over their territorial sea, established in accordance with international law, and the sovereign rights and the jurisdiction which States have in their exclusive economic zones and their continental shelf in accordance with international law, and the exercise by ships and aircraft of navigational rights and freedoms, as provided for in international law, and as reflected in relevant international instruments.

Article XXV - Settlement of disputes

In case of dispute between Contracting Parties concerning the interpretation and implementation of this Convention, they shall seek a settlement of the dispute through negotiations or any other peaceful means of their own choice.

Article XXVI - Adoption of additional Protocols

  1. At the request of a Contracting Party or upon a recommendation by the Commission, a Diplomatic Conference of the Contracting Parties may be convened with the consent of all Contracting Parties in order to adopt additional Protocols.
  2. Signature, ratification, acceptance, approval, accession to, entry into force, and denounciation of additional Protocol shall be done in accordance with procedures contained, respectively, in Articles XXVIII, XXIX, and XXX of this Convention.

Article XXVII - Reservations

No reservations may be made to this Convention.

Article XXVIII - Signature, ratification, acceptance, Approval and accession

  1. This Convention shall be open for signature by the Black Sea States.
  2. This Convention shall be subject to ratification, acceptance or approval by the States which have signed it.
  3. This Convention shall be open for accession by any non-Black Sea State interested in achieving the aims of this Convention and contributing substantially to the protection and preservation of the marine environment of the Black Sea provided the said State has been invited by all Contracting Parties. Procedures with regard to the invitation for accession will be dealt with by the depositary.
  4. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary. The depositary of this Convention shall be the Government of Romania.

Article XXIX - Entry into force

This Convention shall enter into force 60 days after the date of deposit with the depositary of the fourth instrument of ratification, acceptance or approval.

For a State acceding to this Convention in accordance with Article XXVIII, the Convention shall enter into force 60 days after the deposit of its instrument of accession.

Article XXX - Denounciation

After the expiry of five years from the date of entry into force of this Convention, any Contracting Party may, by written notification addressed to the depositary, denounce this Convention. The denounciation shall take effect on the thirty-first day of December of the year which follows the year in which the depositary was notified of the denounciation.

Done in English, on the twenty-first day of the month of April of one thousand nine hundred and ninety two, in Bucharest.

For the Republic of Bulgaria ………………………………………….

For the Republic of Georgia ………………………………………….

For Romania ………………………………………….

For the Russian Federation ………………………………………….

For the Republic of Turkey ………………………………………….

For Ukraine ………………………………………….

PROTOCOL ON PROTECTION OF THE BLACK SEA MARINE ENVIRONMENT AGAINST POLLUTION FROM LAND BASED SOURCES (1992)

Main Text

Article 1

In accordance with Article VII of the Convention, the Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the marine environment of the Black Sea caused by discharges from land-based sources on their territories such as rivers, canals, coastal establishments, other artificial structures, outfalls or run-off, or emanating from any other land-based source, including through the atmosphere.

Article 2

For the purposes of this Protocol, the fresh water limit means the landward part of the line drawn between the endpoints on the right and the left banks of a water course where it reaches the Black Sea.

Article 3

This Protocol shall apply to the Black Sea as defined in Article I of the Convention and to the waters landward of the baselines from which the breadth of the territorial sea is measured and in the case of fresh- water courses, up to the fresh-water limit.

Article 4

The Contracting Parties undertake to prevent and eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in Annex I to this Protocol.

The Contracting Parties undertake to reduce and, whenever possible, to eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in Annex II to this Protocol.

As to water courses that are tributaries to the Black Sea, the Contracting Parties will endeavour to cooperate, as appropriate, with other States in order to achieve the purposes set forth in this Article.

Article 5

Pursuant to the provisions of Article XV of the Convention, each Contracting Party shall carry out, at the earliest possible date, monitoring activities in order to assess the levels of pollution, its sources and ecological effects along its coast, in particular with regard to the substances and matter listed in Annexes I and II to this Protocol. Additional research will be conducted upstream of river sections in order to investigate fresh/salt water interactions.

Article 6

In conformity with Article XV of the Convention, the Contracting Parties shall cooperate in elaborating common guidelines, standards or criteria dealing with special characteristics of marine outfalls and in undertaking research on specific requirements for effluents necessitating separate treatment and concerning the quantities of discharged substances and matter listed in Annexes I and II, their concentration in effluents, and methods of discharging them.

The common emission standards and timetable for the implementation of the programme and measures aimed at preventing, reducing or eliminating, as appropriate, pollution from land-based sources shall be fixed by the Contracting Parties and periodically reviewed for substances and matter listed in Annexes I and II to this Protocol.

The Commission shall define pollution prevention criteria as well as recommend appropriate measures to reduce, control and eliminate pollution of the marine environment of the Black Sea from land-based sources.

The Contracting Parties shall take into consideration the following:

  1. The discharge of water from municipal sewage systems should be made in such a way as to reduce the pollution of the marine environment of the Black Sea.
  2. The pollution load of industrial wastes should be reduced in order to comply with the accepted concentrations of substances and matter listed in Annexes I and II to this Protocol.
  3. The discharge of cooling water from nuclear power plants or other industrial enterprises using large amounts of water should be made in such a way as to prevent pollution of the marine environment of the Black Sea.
  4. The pollution load from agricultural and forest areas affecting the water quality of the marine environment of the Black Sea should be reduced in order to comply with the accepted concentrations of substances and matter listed in Annexes I and II to this Protocol.

Article 7

The Contracting Parties shall inform one another through the Commission of measures taken, results achieved or difficulties encountered in the application of this Protocol. Procedures for the collection and transmission of such information shall be determined by the Commission.

Annex I

Hazardous Substances and Matter

The following substances or groups of substances or matter are not listed in order of priority. They have been selected mainly on the basis of their toxicity, persistence and bioaccumulation characteristics.

This Annex does not apply to discharges which contain substances and matter listed below that are below the concentration limits defined jointly by the Contracting Parties, not exceeding environmental background concentrations.

  1. Organotin compounds.
  2. Organohalogen compounds, e.g. DDT, DDE, DDD, PCB’s.
  3. Persistent organophosphorus compounds.
  4. Mercury and mercury compounds.
  5. Cadmium and cadmium compounds.
  6. Persistent substances with proven toxic carcinogenic, teratogenic or mutagenic properties.
  7. Used lubricating oils.
  8. Persistent synthetic materials which may float, sink or remain in suspension.
  9. Radioactive substances and wastes, including used radioactive fuel.
  10. Lead and lead compounds.

Annex II

Noxious Substances

The following substances, compounds or matter have been selected mainly on the basis of criteria used in Annex I, while taking into account the fact that they are less harmful or more readily rendered harmless by natural processes.

The control and strict limitation of the dumping of the substances referred to in this Annex shall be implemented in accordance with Annex III of this Protocol.

  1. Biocides and their derivatives not covered in Annex I.
  2. Cyanides, fluorides, and elemental phosphorus.
  3. Pathogenic micro-organisms.
  4. Nonbiodegradable detergents and their surface-active substances.
  5. Alkaline and acid compounds.
  6. Substances which, though of a non-toxic nature, may become harmful to the marine biota owing to the quantities in which they are discharged e.g. inorganic phosphorus, nitrogen, organic matter and other nutrient compounds. Also substances which have an adverse effect on the oxygen content of the marine environment.
  7. The following elements and their compounds:
  8. Molybdenum

    Zinc Selenium Tin Vanadium
    Copper Arsenic Barium Cobalt  
    Nickel Antimony Beryllium Thallium  
    Chromium Boron Tellurium  
      Titanium Uranium Silver  
  9. Sewage Sludge

Annex III

The discharges of substances and matter listed in Annex II to this Protocol shall be subject to restrictions based on the following:

  1. Maximum permissible concentrations of the substances and matter immediate before the outlet;
  2. Maximum permissible quantity (load, inflow) of the substances and matter per annual cycle or shorter time limit;
  3. In case of differences between 1 and 2 above, the stricter restriction should apply.

When issuing a permit for the discharge of wastes containing substances and matter referred to in Annexes I and II to this Protocol, the national authorities will take particular account, as the case may be, of the following factors:

A. CHARACTERISTICS AND COMPOSITION OF THE WASTE

  1. Type and size of waste source (e.g. industrial process).
  2. Type of waste (origin, average composition).
  3. Form of waste (solid, liquid, sludge, slurry).
  4. Total amount (volume discharged. e.g. per year).
  5. Discharge pattern (continuous, intermittent, seasonally variable, etc.)
  6. Concentrations with respect to major constituents, substances listed in Annex I, substances listed in Annex II, and other harmful substances as appropriate.
  7. Physical, chemical and biological properties of the waste.

B. CHARACTERISTICS OF WASTE CONSTITUENTS WITH RESPECT TO THEIR HARMFULNESS

  1. Persistence (physical, chemical, biological) in the marine environment.
  2. Toxicity and other harmful effects.
  3. Accumulation in biological materials and sediments.
  4. Biochemical transformation producing harmful compounds.
  5. Adverse effects on the oxygen contents and balance.
  6. Susceptibility to physical, chemical and biochemical changes and interaction in the marine environment with other seawater constituents which may produce harmful biological or other effects on any of the uses listed in section E below.

C. CHARACTERISTICS OF DISCHARGE SITE AND RECEIVING MARINE ENVIRONMENT

  1. Hydrographic, meteorological, geological and topographic characteristics of the coastal area.
  2. Location and type of discharge (outfall, canal, outlet, etc.) and its relation to other areas (such as amenity areas, spawning, nursery and fishing areas, shellfish grounds) and other discharges.
  3. Initial dilution achieved at the point of discharge into the receiving marine environment.
  4. Dispersal characteristics such as the effect of currents, tides and winds on horizontal transport and vertical mixing.
  5. Receiving water characteristics with respect to physical, chemical, biological and ecological conditions in the discharge area.
  6. Capacity of the receiving marine environment to receive waste discharges without undesirable effects.

D. AVAILABILITY OF WASTE TECHNOLOGIES

The methods of waste reduction and discharge for industrial effluents as well as household sewage should be selected taking into account the availability and feasibility of:

  1. Alternative treatment processes;
  2. Recycling, re-use, or elimination methods;
  3. On-land disposal alternatives; and
  4. Appropriate clean and low-waste technologies.

E. POTENTIAL IMPAIRMENT OF MARINE ECOSYSTEMS AND SEA-WATER USES

  1. Effects on human life through pollution impact on:
    1. Edible marine organisms;
    2. Bathing waters;
    3. Aesthetics.

    Discharges of wastes containing substances and matter listed in Annexes I and II shall be subject to a system of self-monitoring and control by the competent national authorities.

  2. Effects on marine ecosystems, in particular living resources, endangered species, and critical habitats.
  3. Effects on other legitimate uses of the sea.

PROTOCOL ON COOPERATION IN COMBATING POLLUTION OF THE BLACK SEA MARINE ENVIRONMENT BY OIL AND OTHER HARMFUL SUBSTANCES IN EMERGENCY SITUATIONS

Main Text

Article 1

In accordance with Article IX of the Convention, the Contracting Parties shall take necessary measures and cooperate in cases of grave and imminent danger to the marine environment of the Black Sea or to the coast of one or more of the Parties due to the presence of massive quantities of oil or other harmful substances resulting from accidental causes or from accumulation of small discharges which are polluting or constituting a threat of pollution.

Article 2

The Contracting Parties shall endeavour to maintain and promote, either individually or through bilateral or multilateral cooperation, contingency plans for combating pollution of the sea by oil and other harmful substances. These shall include, in particular, equipment, vessels, aircraft and manpower prepared for operations in emergency situations.

Article 3

Each Contracting Party shall take necessary measures for detecting violations and, within areas under its jurisdiction for enforcing the provisions of this Protocol. Furthermore, the Contracting Parties shall ensure compliance with the provisions of this Protocol by vessels flying their flag.

The Contracting Parties shall promote exchange of information on subjects related to the implementation of this Protocol, including transmission of reports and urgent information which relate to Article 1 thereof.

Article 4

Any Contracting Party which becomes aware of cases where the marine environment of the Black Sea is in imminent danger of being damaged or has been significantly damaged by pollution, it shall immediately notify the other Contracting Parties it deems likely to be affected by such damage as well as the Commission.

Article 5

Each Contracting Party shall indicate to the other Contracting Parties and the Commission, the competent national authorities responsible for controlling and combatting of pollution by oil and other harmful substances. Each Contracting Party shall also designate a focal point to transmit and receive reports of incidents which have resulted or may result in a discharge of oil or other harmful substances, in accordance with the provisions of relevant international instruments.

Article 6

1. Each Contracting Party shall issue instructions to the masters of vessels flying its flag and to the pilots of aircraft registered in its territory requiring them to report in accordance with the Annex to this Protocol and by the most rapid and reliable channels, to the Party or Parties that might potentially be affected and to the Commission:

a) The presence, characteristics and extent of spillages of oil or other harmful substances observed at sea which are likely to present a threat to the marine environment of the Black Sea or to the coast of one or more Contracting Parties;

b) All emergency situations causing or likely to cause pollution by oil or other harmful substances.

2. The information collected in accordance with paragraph 1 shall be communicated to the other Parties which are likely to be affected by pollution:

a) by the Contracting Party which has received the information;

b) by the Commission.

PROTOCOL ON THE PROTECTION OF THE BLACK SEA MARINE ENVIRONMENT AGAINST POLLUTION BY DUMPING

Main Text

Article 1

In accordance with Article X of the Convection, the Contracting Parties shall take individually or jointly all appropriate measures for the implementation of this Protocol.

Article 2

Dumping in the Black Sea of wastes or other matter containing substances listed in Annex 1 to this Protocol is prohibited.

The preceding provision does not apply to dredged spoils provided that they contain trace contaminants listed in Annex 1 below the limits of concentration to be defined by the Commission within a 3 year period from the entry into force of the Convention.

Article 3

Dumping in the Black Sea of wastes or other matter containing noxious substances listed in Annex II to this Protocol requires, in each case, a prior special permit from the competent national authorities.

Article 4

Dumping in the Black Sea of all other wastes or matter requires a prior general permit from the competent national authorities.

Article 5

The permits referred to in articles 3 and 4 above shall be issued after a careful consideration of all the factors set forth in Annex III to this Protocol by the competent national authorities of the relevant coastal State. The Commission shall receive records of such permits.

Article 6

The provisions of Articles 2, 3 and 4 shall not apply when the safety of human life or of vessel or aircraft at sea is threatened by complete destruction or total loss or in any other case when there is a danger to human life and when dumping appears to be the only way of averting such danger, and if there is every probability that the damage resulting from such dumping will be less than would otherwise occur. Such dumping shall be carried out so as to minimize the likelihood of damage to human or marine life. The Commission shall promptly be informed.

Article 7

1. Each Contracting Party shall designate one or more competent authorities to:

a) issue the permits provided for in Articles 3 and 4;

b) keep records of the nature and quantities of the wastes or other matter permitted to be dumped and of the location, date and method of dumping.

2. The competent authorities of each Contracting Party shall issue the permits provided for in Article 3 and 4 in respect of the wastes or other matter intended for dumping:

a) loaded within its territory;

b) loaded by a vessel flying its flag or an aircraft registered in its territory when the loading occurs within the territory of another State.

Article 8

1. Each Contracting Party shall take the measures required to implement this Protocol in respect of:

a) vessels flying its flag or aircraft registered in its territory;

b) vessels and aircraft loading in its territory wastes or other matter which are to be dumped;

c) platforms and other man-made structures at sea situated within its territorial sea and exclusive economic zone;

d) dumping within its territorial sea and exclusive economic zone.

Article 9

The Contracting Parties shall cooperate in exchanging information relevant to Articles 5, 6, 7 and 8. Each Contracting Party shall inform the other Contracting Parties which may potentially be affected, in case of suspicions that dumping in contravention of the provisions of this Protocol has occurred or is about to occur.


A N N E X

Contents of the report to be made pursuant to Article 6

1. Each report shall contain in general:

a) The identification of the source of pollution;

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

c) Land and sea conditions prevailing in the area;

d) Relevant details with respect to the condition of the vessel polluting the sea.

2. Each report shall contain, whenever possible, in particular:

a) A clear indication or description of the harmful substances involved, including the correct technical names of such substances;

b) A statement of estimate of the quantities, concentrations and likely conditions of harmful substances discharged or likely to be discharged into the sea;

c) A description of packaging and identifying marks;

d) Name of the consignor, consignee, or manufacturer.

3. Each report shall clearly indicate, whenever possible, whether the harmful substances discharged or likely to be discharged are oil or noxious liquid, solid, or gaseous substances and whether such substances were or are carried in bulk or contained in packaged form, freight containers, portable tanks or road and rail tank wagons.

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

5. Any of the persons referred to in Article 6 paragraph 1 of this Protocol shall:

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

b) Comply as fully as possible with requests from affected Contracting Parties for additional information.

Annex 1

Hazardous Substances and Matter

1. Organohalogen compounds e.g. DDT, DDE, DDD, PCB’s.

2. Mercury and mercury compounds.

3. Cadmium and cadmium compounds.

4. Organotin compounds

5. Persistent synthetic materials which may float, sink or remain in suspension.

6. Used lubricating oils.

7. Lead and lead compounds.

8. Radioactive substances and wastes, including used radioactive fuel.

9. Crude oil and hydrocarbons of any origin.

Annex II

Noxious Substances and Matter

The following substances and matter have been selected mainly on the basis of criteria used in Annex I, while taking into account the fact that they are less harmful or more readily rendered harmless by natural processes.

The control and strict limitation of the discharges of substances and matter referred to in this Annex shall be implemented in accordance with Annex III to this Protocol.

1. Biocides and their derivatives not covered in Annex I.

2. Cyanides, fluorides, and elemental phosphorus.

3. Pathogenic micro-organisms.

4. Nonbiodegradable detergents and their surface-active substances.

5. Alkaline or acid compounds.

6. Thermal discharges.

7. Substances which, although of a non-toxic nature, may become harmful to the marine biota owing to the quantities in which they are discharged e.g. inorganic phosphorus, nitrogen, organic matter and other nutrient compounds. Also substances which have an adverse effect on the oxygen content of the marine environment.

8. The following elements and their compounds:

Zinc Selenium Tin Vanadium
Copper Arsenic Barium Cobalt
Nickel Antimony Beryllium Thallium
Chromium Molybdenum Boron Tellurium
Titanium Uranium Silver

9. Crude oil and hydrocarbons of any origin.

Annex III

In issuing permits for dumping at sea, the following factors shall be considered:

A. CHARACTERISTICS AND COMPOSITION OF THE MATTER

1. Amount of matter to be dumped (e.g. per year).

2. Average composition of the matter to be dumped.

3. Properties: physical (e.g. solubility, density), chemical and biochemical (e.g. oxygen demand, nutrients), biological (e.g. presence of bacteria, etc.).

The data should include sufficient information on the annual mean levels and seasonal variations of the mentioned properties.

4. Long-term toxicity.

5. Persistence: physical, chemical, biological.

6. Accumulation and transformation in the marine environment.

7. Susceptibility to physical, chemical and biochemical changes and interaction with other dissolved matter.

8. Probability of inducing effects which would reduce the marketability of resources (e.g. fish, shellfish).

B. CHARACTERISTICS OF DUMPING SITE AND DISPOSAL METHOD

1. Location (e.g. co-ordinates of the dumping area, depth and distance from the coast) and its relation to areas of special interest (e.g. amenity areas, spawning, nursery and fishing grounds).

2. Methods and technologies of packaging and disposal of matter.

3. Dispersal characteristics.

4. Hydrological characteristics and seasonal variations in these characteristics (e.g. temperature, pH, salinity, stratification, turbidity, dissolved oxygen, biochemical oxygen demand, chemical oxygen demand, chemical oxygen demand, nutrients, productivity).

5. Bottom characteristics (e.g. topography, geochemical, geological and biological productivity).

6. Cases and effects of other dumping.

RESOLUTION 1

Elaboration of a Protocol concerning transboundary movement of hazardous wastes and cooperation in combatting illegal traffic thereof.

The diplomatic conference on the Protection of the Black Sea Against Pollution:

Having adoptedthe Convention on the Protection of the Black Sea Against Pollution,

Bearing in mindits Article XIV "Pollution by hazardous wastes in transcoundary movement" stipulating:

" The Contracting Parties shall take all measures consistent with international law and cooperate in preventing pollution of the marine environment of the Black Sea due to hazardous wastes in transboundary movement, as well as in combatting illegal traffic thereof, in accordance with the Protocol to be adopted by them".

Notingthe draft Protocol to this effect elaborated by the delegation of the Russian Federation;

Decidesthat priority shall be given to the elaboration and adoption of a Protocol concerning transboundary movement of hazardous wastes and cooperation in combatting illegal traffic thereof.

RESOLUTION 2

’’Establishment of cooperation with Danube States for promoting the objectives of the Convention on the Protection of the Black Sea Against Pollution.

’’The Contracting Parties to the Convention on the Protection of the Black Sea Against Pollution,

’’Having adoptedthe Convention on the Protection of the Black Sea Against Pollution,

’’Taking into accountthat rivers tributary to the Black Sea constitute a major source of pollution of the marine environment of the Black Sea,

’’Mindfulof the efforts of Danube Countries for the preparation of agreement aimed at improving ecological conditions in the Danube,

’’Recallingthe provisions of the Charter of Paris for a New Europe, adopted on November 21, 1990, stipulating the common responsibility of all countries for the preservation of the environment and their commitment to intensify their endeavours to protect and improve their environment in order to restore and maintain a sound ecological balance in air, water and soil,

’’Recallingfurther that under international law all States, whether they are or not coastal States, have an obligation to protect and preserve the marine environment,

’’Consciousof the need to take into consideration the work to be undertaken by Danube States,

’’Decidesthat the Contracting Parties to the Convention will closely follow the activities of the Danube States regarding the improvement of the ecological conditions in the Danube and will endeavour to initiate cooperation including future meetings with them for the purposes of the Convention.

RESOLUTION 3

Cooperation with intergovernmental organizations

’The ’Diplomatic Conference on the Protection of the Black Sea Against Pollution:

’’Having adopted the Convention on the Protection of the Black Sea Against Pollution,

’’Considering Article V, paragraph 5, "General Undertakings" of the Convention, stipulating;

’’"The Contracting Parties will cooperate in promoting, within international organizations found to be competent by them, the elaboration of measures contributing to the protection and preservation of the marine environment of the Black Sea."

’’Wishing to establish effective cooperation with UNEP-OCA/PAC Regional Seas Programme which has gained considerable experience in the field of marine pollution,

1. Decides to invite UNEP-OCA/PAC Regional Seas Programme to cooperate with the Contracting Parties and/or the Commission for the elaboration of a Black Sea Action Plan, including provision of assistance and equipment as well as a preliminary work programme for priority environmental issues, such as:

  • Preparation of monitoring and research programmes of the Contracting Parties for the prevention of marine pollution,
  • Training of environment specialists,
  • Protection of endangered species,
  • Transfer and use of best available clean and low-waste technologies,
  • Provide assistance in supporting the efforts of the Contracting Parties in achieving sustainable development.

2. Decides to invite other intergovernmental organizations to cooperate with the Contracting Parties and/or the Commission by preparing and implementing specific programmes and projects, with a view to fulfilling the objectives of the Convention.

RESOLUTION 4

Institutional arrangements related to the Convention on the Protection of the Black Sea Against Pollution

1. The Headquarters of the Commission and the Secretariat to be established in accordance with Article XVII of the Convention, will be in Istanbul.

The Contracting Parties take note of the offer by the Republic of Turkey relating to the financial means and facilities to be provided for this purpose. (Ankara meeting WP/5/C, 26 March 1991).

2. The national programmes in the context of the implementation of the Convention and the Protocols annexed to it, will be carried out by the appropriate research establishments of the Contracting Parties, in accordance with the criteria and guidelines established by the Commission.

3. Furthermore, in accordance with programmes of the Commission, certain activities concerning technical matters such as organization of training courses, formulation of joint pollution control guidelines and joint intercalibration and intercomparison exercises etc. shall be carried out by the research Institutes of the Contracting Parties as activity centers. The Contracting Parties take note of offers of the Bulgarian and the Romanian sides to provide the facilities for this purpose in Varna (Institute of Oceanology) and Constanţa (Institute of Marine Research) respectively.

RESOLUTION 5

Initiation of action within the International Maritime Organization concerning prevention of pollution from ships which belong to the countries not signatory to the Convention.

The Diplomatic Conference on protection of the Black Sea Against Pollution:

Having adoptedConference on protection of the Black Sea Against Pollution,

Bearing in mindthe Article IX of the Convention and the annexed Protocol on cooperation in combatting pollution of the Black Sea marine environment by oil and other harmful substances in emergency situations.

Mindfulof the need to take all appropriate measures and actions with a view to prevent pollution caused by dumping from the ships of the countries not signatory to the present Convention,

Decidesto initiate action within the International Maritime Organization with a view to ensure adaptation of recommendations to the effect that also vessels of countries not signatory to the Black Sea Convention observe the provisions of MARPOL 73/78 concerning the Black Sea Area as a special area, even before the entry into force of Black Sea Convention.

The Diplomatic Conference on the Protection of the Black Sea Against Pollution

Bucharest, 21-22 April 1992


F I N A L A C T

The Diplomatic Conference on the Protection of the Black Sea Against Pollution took place in Bucharest from 21 to 22 April 1992.

The following riparian countries of the Black Sea took part in the Conference: the Republic of Bulgaria, The Republic of Georgia, Romania, the Russian Federation, the Republic of Turkey and Ukraine.

Representatives of the Republic of Armenia, the Republic of Greece, the Republic of Moldova and the Socialist Federative Republic of Yugoslavia attended the Conference as observers. In the same capacity took part in the Conference representatives of the Danube Commission, the United Nations Environment Programme, the International Maritime Organization, the World Health Organization, Intergovernmental Oceanographic Commission, the World Meteorological Organization, the United Nations Development Programme.

The list of the delegations is attached.

The opening meeting of the Conference was attended by the President of Romania, H.E. Mr. Ion Iliescu, who addressed the participants.

Mr. Theodor Stolojan, prime-minister of Romania, members of the Parliament of Romania, members of the Romanian Government, representatives of Romanian political parties, diplomatic representatives accredited in Bucharest were also present.

Opening statements were made by the heads of delegations of the Republic of Bulgaria, the Republic of Georgia, the Russian Federation, the Republic of Turkey, Ukraine and Romania.

The representatives of the Republic of Armenia, the Republic of Greece, the Republic of Moldova, the Federative Socialist Republic of Yugoslavia, also took the floor, as well as those of the Danube Commission, the United Nations Environment Programme, the International Maritime Organization, the World Health Organization, Intergovernmental Oceanographic Commission, the World Meteorological Organization, the United Nations Development Programme.

The Conference considered and adopted the Convention on the Protection of the Black Sea against Pollution with three protocols which are an integral part thereof, namely:

  • Protocol on Protection of the Black Sea Marine Environment against Pollution from Land-based Sources;
  • Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situations;
  • Protocol on the Protection of the Black Sea Marine Environment against Pollution by Dumping.

’’The Conference also adopted a number of resolutions, attached to the Final Act.

’’The Convention on the Protection of the Black Sea against Pollution was signed by Valentine Vasilev, Minister of Environment of the Republic of Bulgaria, David Nakani, Minister of Environment of the Republic of Georgia, F.V. Shelov-Kovediaev, First Deputy Minister of Foreign Affairs of the Russian Federation, Marcian Bleahu, Minister of Environment of Romania, Doğancan Akyürek, Minister of Environment of the Republic of Turkey and Yuri Scherbak, Minister for Environmental Protection of Ukraine.

In witness thereof, the following representatives have signed this Final Act.

Done at Bucharest, this 21-th day of April 1992, in a single original copy, in English, to be deposited in the archives of the Government of Romania.

For the Republic of Bulgaria .

For the Republic of Georgia .

For Romania .

For the Russian Federation .

For the Republic of Turkey .

For Ukraine .


DIPLOMATIC CONFERENCE ON PROTECTION OF THE BLACK SEA AGAINST POLLUTION

’’LIST OF PARTICIPANTS

I. The delegation of the Black Sea Countries

Delegation of Bulgaria

Mr. Valentin Vasilev -Minister of Environment,

Head of delegation

Mr. Branimir Natov -Deputy Minister, Ministry of Environment

Mr. Branimir Zaimov -Third Secretary, Ministry of Foreign Affairs

Mr. Ognean Velev -Expert, Ministry of Environment

Delegation of Georgia

Mr. David Nakani -Minister of Environment, Head of delegation

Mr. Malhaz Kakabadze -Deputy Minister, Ministry of Foreign Affairs

Mr. David Gurghenidze -State counseller for the environment problems,

Mr. Kaha Chitaia -Deputy Director, Ministry of Foreign Affairs

Delegation of Romania

Mr. Marcian Bleahu -Minister of Environment, Head of delegation

Mr. Călin Marinescu -Secretary of State, Ministry of Transport

Mr. Ion Diaconu -Ambassador, Director of Legal Affairs and Treaties

Mr. Carmen Dănilă Manea -Deputy Director, Ministry of Transport

Mr. Radu Mihnea -Expert scientist, Institute of Marine Research

Mr. Constantin Suteu -Inspector of Civil Navigation

Mr. Anghel Constantin -First Secretary, Ministry of Foreign Affairs

Mr. Emil Zorca -Specialist inspector, Romanian Naval Register

Mr. Teodor Ognean -Expert, Ministry of Environment

Delegation of the Russian Federation

Mr. F.V. Shelov-Kovediaev -First Deputy Minister, Ministry of Foreign Affairs, Head of delegation

Mr. A.F. Poriadin -First Deputy Minister, Ministry of Ecology and Natural Resources, Deputy Head of delegation

Mr. V. Pozdneakov -Minister-Counsellor, Embassy of the Russian Federation in Bucharest

Mr. I.V. Morozov -Counsellor of Secretariat, Ministry of Foreign Affairs

Mr. Morar -Scientific attaché, Embassy of the Russian Federation in Bucharest

Mr. A.A. Matveev -Second Secretary, Legal Department Ministry of Foreign Affairs

Mr. Y.M. Pecealin -Specialist, Direction for International Cooperation, Ministry of Ecology and National Resources

Mr. A.Y. Barsegov -Translator

Delegation of Turkey

Mr. Doğancan Akyürek -Minister of Environment, Head of delegation

Mr. Tugay Uluçevik -Undersecretary of State, Ministry of Foreign Affairs

Mr. Deniz Bölükbaşi -Head of Department, Ministry of Foreign Affairs

Prof. Turgut Balkaş -Counsellor, Ministry of Environment

Delegation of Ukraine

Mr. Yuri Scherbak -Minister of Environment Protection, Head of delegation

Mr. Olexandr Maidannik -Head of Direction for Foreign Relations, Ministry of Environment Protection

Mr. Volodymyn Eltchenko -Deputy Director Ministry of Foreign Affairs

II. The countries’ delegations participating as observers

Delegation of Armenia

Mr. George Kazinian -Deputy Minister, Ministry of Foreign Affairs

Delegation of Greece

Mr. Panaziotis Karakasis -Chargé d’affaires of the Republic of Greece

Delegation of Moldova

Mr. Ion Dediu -Minister of Environment Protection, Head of delegation

Delegation of Yugoslavia

Mr. Desimir Jevtic -Ambassador of the Federative Socialist Republic of Yugoslavia, Head of delegation

III. The International Organizations participating as observers

Danube Commission

Mr. Hellmuth Strasser -Ambassador, director of Secretariat of the Danube Commission

United Nations Environment Programme

Mr. Salvino Bossutil

Mr. Ivan Zrajevsky

International Maritime Organization

Mr. Constantin Voskresensky -Representative of the General Secretary of I.M.O.

The Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Sea Against Pollution was signed in Sofia, Bulgaria 2002 (as per 26 February 2007 ratified by Turkey and Ukraine).

Main Text

The Contracting Parties to the present Protocol:

Being Contracting Parties to the Convention on the Protection of the Black Sea against Pollution (Bucharest Convention, 21 April 1992)

Recognising that in recent decades there have been significant human induced changes in the biota and physico-chemical conditions of the Black Sea;

Concerned that threats to biodiversity, such as eutrophication, over-fishing, pollution and introduction of non-native species continue;

Accepting the importance of pollution control in the Black Sea for the conservation of biodiversity and the maintenance and restoration of ecosystem functions;

Recalling that under Article 13 of the Bucharest Convention when taking measures for the prevention, reduction and control of pollution of the marine environment of the Black Sea, the Contracting Parties are required to pay particular attention to avoiding harm to marine life and living resources, in particular by changes to their habitats through fishing and other legitimate uses of the sea;

Further recalling that

-  Protocol on Protection of the Black Sea Marine Environment against Pollution from Land-based Sources;

-  Protocol on Co-operation in Combating Pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situations

-  Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping

are in force under the Convention on the Protection of the Black Sea Against Pollution

Recalling that in April 1993 the Environment Ministers from all six Black Sea countries signed a common policy declaration (the Ministerial Declaration on Protection of the Black Sea Against Pollution, Odessa, 1993) in which they agreed:

· To encourage the development of comprehensive and co-ordinated plans for the restoration and conservation of biodiversity in the Black Sea in the spirit of the Convention on Biological Diversity (June 5, 1992, Rio de Janeiro, Brazil)

· To take appropriate measures for the restoration and conservation of biodiversity in the Black Sea in the spirit of the Convention on Biological Diversity (June 5, 1992, Rio de Janeiro, Brazil)

· To establish and improve nature conservation areas in the coastal zone of each of the coastal states before 1996

Bearing in mind that all of the Black Sea countries have signed and ratified the Convention on Biodiversity (June 5, 1992, Rio de Janeiro, Brazil);

Further bearing in mind that  some of the Contracting Parties have also signed and ratified other relevant conventions and agreements, e.g. Convention on Wetlands of International importance especially as Waterfowl Habitat (February 2, 1971, Ramsar, Iran), Convention on International Trade in Endangered Species of Fauna and Flora (CITES, March 3, 1973, Washington, USA), Convention on the Conservation of European Wildlife and Natural Habitats (September 19, 1979, Bern, Switzerland), Convention on Conservation of Migratory Species of Wild Animals (June 23,1979, Bonn, Germany),  Agreement on the Conservation of the Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, November ( 24, 1996, Monaco, European Landscape Convention (October 20, 2000, Florence, Italy) and Convention to Combat Desertification (October 14, 1994, Paris);

Noting that Black Sea Governments are actively involved in implementation of the Pan European Biodiversity and Landscape Strategy as last modified on July 9, 1998

Reaffirming their commitment to the Strategic Action Plan for the Protection and Rehabilitation of the Black Sea (Chapter B, 31 October 1996);

Accepting that concerted actions by all of the Black Sea coastal states and the states in the basin of the Black Sea, they work in co-operation with, can counteract the multiple threats to biological and landscape diversity;

Determined to make every effort to conserve Black Sea biological and landscape diversity and its components sustainably and to maintain and where possible enhance and restore its ecological health, and historical, cultural and aesthetic value;

Have agreed as follows:

Article 1

1. The purpose of this Protocol is to maintain the Black Sea ecosystem in the good ecological state and its landscape in the favourable conditions, to protect, to preserve and to sustainably manage the biological and landscape diversity of the Black Sea in order to enrich the biological resources.

2. In conjunction with provisions of the Convention on the Protection of the Black Sea against Pollution and other Protocols to this Convention, the Protocol is intended to serve as a legal instrument for developing, harmonising and enforcing necessary environmental policies, strategies and measures in preserving, protecting and sustainably managing nature, historical, cultural and aesthetic resources and heritage of the Black Sea states for present and future generations.

Article 2

For the purposes of this Protocol:

a) Convention means the Convention on the Protection of the Black Sea Against Pollution (21 April 1992, Bucharest, Romania)

b) Contracting Parties means the Contracting Parties to this Protocol

c) Commission means the Commission on the Protection of the Black Sea Against Pollution

d) Biological diversity means variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems as defined by Article 2 of the Convention on Biological Diversity.

e) Landscape means an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors as defined in the Chapter I, the article 1 of  European Landscape Convention (October 20, 2000, Florence, Italy)

f)   Landscape Diversity means the formal expression of the numerous relations existing in a given period between the individual or the society and a topographically defined territory, the appearance of which is the result of the action, over time, of natural and human factors and a combination of both.

Article 3

The area to which this Protocol applies shall be the area of the Black Sea to the north of capes Kalagra and Dalyan, the waters, sea bed, subsoil up to the fresh water limits. It also includes:

·  The Sea of Azov as a part of the Black Sea Basin highly important for the biodiversity and landscape conservation;

·  The coastal zone designated by each Contracting Party, including wetlands.

Article 4

 1.   Each Contracting Party shall take all necessary measures to:

a)   protect, preserve, improve and manage in a sustainable and environmentally sound way areas of particular biological or landscape value, notably by the establishment of protected areas according to the procedure in Annex 1

b)   ensure that species occurring in the area to which this Protocol applies are maintained at favourable conservation  status and habitats close to undisturbed;

c)   ensure that species of economic importance, especially living marine resources, are used sustainably;

d)   restore and rehabilitate damaged areas of previously high biodiversity and landscape value;

e)   restore and maintain in good conditions the landscape of high nature, historical, cultural and aesthetic value;

  1. The Contracting Parties shall identify and compile inventories of the components of biological and landscape diversity in the area to which this Protocol applies and identify those components important for their conservation and sustainable use within three years of this Protocol coming into force.
  1. The Contracting Parties shall adopt a List of Species of Black Sea Importance That May Be Threatened, or Important by Reason of Their Role in Ecosystem Functioning or Other Significance for the Region preferably within three years of this Protocol coming into force Such a list will form Annex II to this Protocol and will be subject to special measures as described in Annex III.

4.   The Contracting Parties shall adopt a list of landscapes and habitats of the Black Sea importance that may be destroyed, or important by their nature, cultural or historical value that constitute the natural, historical and cultural heritage or present other significance for the Black Sea region preferably within three years of this Protocol coming into force.

5.  The Contracting Parties shall act, directly or in co-operation with competent international organisations and in consistency with other Protocols to this Convention, in the conservation and sustainable use of biological and landscape diversity.

  1. The Contracting Parties shall produce and commonly agree on the Strategic Action Plan for the Black Sea Biodiversity and Landscape Conservation Protocol within three years of the Protocol coming into force which shall be reviewed every five years
  1. On the basis of the Strategic Action Plan for the Black Sea Biodiversity and Landscape Conservation Protocol, the Contracting Parties shall adopt strategies, national plans and/or programmes for the conservation of biological and landscape diversity and the sustainable use of marine and coastal biological and landscape resources and shall integrate them into their national sectoral and intersectoral policies.

Article 5

1. The Contracting Parties shall take all appropriate measures to regulate an intentional introduction and prevent an accidental introduction of non-indigenous species or genetically modified organisms to the wild flora and fauna and prohibit those that may have harmful impacts on the ecosystems, habitats or species in the area to which this Protocol applies.

2. The Contracting Parties shall endeavour to implement all appropriate measures to eradicate or reduce to an possible level species that have already been introduced when it appears that such species cause or are potentially causing damage to ecosystems, landscapes, habitats or species in the area to which this Protocol applies.

Article 6

In the planning process leading to decisions on projects and activities that could significantly affect species and their habitats, protected areas, particularly sensitive marine areas, and landscapes the Contracting Parties shall evaluate and take into consideration the possible direct or indirect, immediate or long term impact, including the cumulative impact of the projects and activities being contemplated according criteria and objectives to be regionally developed and agreed pursuant to the Convention and international experience in this matter, e.g. the Convention on Environmental Impact Assessment in a Transboundary Context (February 25, 1991, Espoo, Finland).

Article 7

 The Contracting Parties shall encourage introduction of intersectoral interaction on regional and national levels through the introduction of the principles and development of legal instrument of integrated coastal zone management seeking the ways for sustainable use of natural resources and promotion of environmentally friendly human activities in the coastal zone.

Article 8

  1. In implementing this Protocol, the Contracting Parties shall take into account the traditional subsistence and cultural activities of local communities.  They may grant exemptions from protection and conservation measures, as necessary, and where appropriate, to meet such needs. No exemption which is allowed for this reason shall:

a) endanger either maintenance of landscapes of high aesthetic value or the ecosystems protected under this Protocol or the biological processes contributing to the maintenance of those ecosystems;

b)   cause a substantial reduction in the number of individuals making up the populations of species of flora and fauna, in particular threatened, migratory or endemic species, destruction of their habitats or landscapes, especially ones of regional importance;

c)   cause an irreversible damage of the landscapes constituting the nature, cultural, historical, or aesthetic heritage of the Black Sea importance.

  1. A Contracting Party which grants exemptions from the protection measures shall inform the other Contracting Parties accordingly, within one month period.

Article 9

  1. The Contracting Parties shall endeavour to inform the public of the value of protected areas, species and landscapes and shall give appropriate publicity to the establishment of these areas and regulations relating thereto.
  1. The Contracting Parties shall also endeavour to promote the participation of all stakeholders including their public in measures that are necessary for the protection of the areas, species and landscapes concerned, including environmental impact assessments.

3.   The Contracting Parties shall endeavour to provide information on this Protocol and related matters through appropriate education and public awareness programmes.

Article 10

1. The Contracting Parties shall co-operate in conducting scientific research aimed at protecting and preserving the biological and landscape diversity of the Black Sea and shall undertake, where appropriate, joint programmes and projects of scientific research, and exchange relevant scientific data and information as provisioned in the Article XV of the Convention.

2. The subsidiary bodies of the Commission (the Advisory Group on the Conservation of Biological Diversity and the Advisory Group on the Development of Common Methodology for Integrated Coastal Zone Management) in co-operation with the competent national authorities of the Black Sea coastal states shall be responsible for scientific activities and monitoring and assessment  in the field of the biological and landscape diversity, delegating the co-ordination of their work to the appropriate activity centres (Batumi, Georgia and Krasnodar, the Russian Federation). 

3. The Contracting Parties will invite intergovernmental organisations to co-operate with the Contracting Parties and/or the Commission by preparing and implementing specific programmes and projects, with a view to fulfilling the objectives of the Protocol.

Article 11

1. The Contracting Parties are responsible for the fulfilment of their international obligations concerning the protection and conservation of the biological and landscape diversity of the Black Sea.

2.   Each Contracting Party shall adopt rules and regulations on the liability for damage caused by natural or juridical persons to the biological and landscape diversity of the Black Sea in areas where it exercises, in accordance with international law, its sovereignty, sovereign rights or jurisdiction.

3.   The Contracting Parties shall facilitate any legal action or procedure in accordance with their legal systems aiming at prompt and adequate compensation or other relief for damage caused by pollution or human activities to the biological and landscape diversity of the Black Sea by natural or juridical persons under their jurisdiction.

4.   The Contracting Parties shall co-operate in developing and harmonising their laws, regulations and procedures relating to liability, assessment of and compensation for damage caused by human activities and/or pollution of the marine environment of the Black Sea, in order to ensure the highest degree of deterrence and protection for the biological and landscape diversity of the Black Sea as a whole.

Article 12

       Each Contracting Party shall provide, in accordance with its capabilities, financial support and incentives of those national/regional activities which are intended to achieve the objectives of this Protocol, in accordance with their national plans, priorities and programs. 

Article 13

  1. The Commission and its Permanent Secretariat shall promote the implementation of this Protocol, inform the Contracting Parties of its work and make recommendations on measures necessary for achieving the aims of this Protocol according to the procedures established by Article XVII, XVIII, XIX of the Convention.

2.   The Commission shall report on the state of the biological and landscape diversity and efficacy of undertaken measures to preserve and manage it to the Meeting of the Contracting Parties on five years basis in a jointly agreed reporting format.

Article 14

Adoption of any amendments to the articles and amendments to the annexes of the Protocol shall be made according to the procedures established by the Articles XX and XXI of the Convention.

Article 15

1. Nothing in this Protocol nor any act adopted on the basis of this Protocol shall prejudice the rights and the interests of any state in full compliance with the international law, in particular, the nature and extent of marine areas, the delimitation of marine areas between States, with opposite or adjacent coasts, freedom of navigation on the high seas, the right and modalities of passage through straits used for international navigation, as well as the nature and extent of the jurisdiction of the Coastal State, the Flag State and the Port State.

2. No act or activity undertaken on the basis of the Protocol shall constitute grounds for claiming, contending or disputing any claims to national sovereignty, sovereign rights or  jurisdiction. 

3.   Each Contracting Party shall apply the measures provided for in this Protocol without prejudice to the sovereignty, sovereign rights or the jurisdiction of other Contracting Parties or other States.  Any measures taken by a Contracting Party to enforce these measures shall be in accordance with international law.

Article 16

 The adoption, signature, ratification, acceptance, approval, accession, entry into force and denunciation of the Protocol shall be done by in accordance with the procedures contained respectively in Articles XXVI, XXVIII, XXIX, XXX of the Convention.

Article 17

No reservation may be made to this Protocol.

Article 18

The depository of this Protocol shall be the Government of Romania. 

Done on the fourteenth day of the month of June of two thousand and two, in Sofia, Bulgaria in a single copy, in English, which shall be deposited with the depository.  The depository shall send certified copies to all Contracting Parties.

For the Republic of Bulgaria

 

For Georgia

 

For Romania

 

For the Russian Federation

 

For the Republic of Turkey

 

For Ukraine

 

ANNEX 1  Protected Areas 

Article 1

1.   The objective of protected areas is to safeguard:

a) representative types of coastal and marine ecosystems, wetlands and landscapes of adequate size to ensure their long-term viability and to maintain their unique biological and landscape diversity

b) habitats, biocoenoses, ecosystems or landscapes which are in danger of disappearing in their natural area of distribution or distraction in the Black Sea or which have a reduced natural area of distribution or aesthetic values

c) habitats critical to the survival, reproduction and recovery of threatened species of flora or fauna

d) sites of particular importance because of their scientific, aesthetic, landscape, cultural or educational value

Article 2

  1. The Contracting Parties shall produce criteria/guidelines for identifying areas that meet the objective outlined in the Article1 Annex I within two years of this Protocol  coming into force.

2. The Contracting Parties shall compile a list of sites that meet their criteria/guidelines within three years of this Protocol coming into force.

3.   Each Contracting Party shall endeavour to establish protected areas on the basis of risk    assessment, vulnerability and priority using the list in Annex 1, 2.2.

4.  Where such proposed protected areas fall within the boundaries of more than one Party, the competent authorities of the two or more Parties shall co-operate on the measures to be taken.

Article 3

1.   In accordance with their national legal system, the Contracting Parties shall take all necessary measures to ensure the integrity, sustainability and development of protected areas, namely:

a) the strengthening of the application of the other Protocols to the Convention and of other relevant treaties to which they are Contracting Parties

b) the prohibition of the dumping or discharge of wastes and other substances likely directly or indirectly to impair the integrity of the protected area or species

c) the regulation of the passage of ships, any stopping or anchoring

d) the regulation or prohibition of the introduction of alien species, or of genetically modified species

e) the regulation or prohibition of any activity involving the exploration or modification of the soil or the exploration of the subsoil of the land part, the seabed or its subsoil

f) the regulations of any scientific research activity

g) the regulation or prohibition of fishing, hunting, taking of animals and harvesting of plants or their destruction, as well as trade in animals (or parts thereof) and plants (or parts thereof) which originate in protected areas

h) the regulation, and if necessary the prohibition, of any other activity or act likely to harm or disturb species or ecosystems, or that might impair the natural or cultural characteristics of the protected area

i) any other measure aimed at safeguarding ecological and biological processes and the landscapes

j) to this end, the Contracting Parties shall provide appropriate legislation to protect and enforce protection of protected areas.

Article 4

  1.  Within their national environmental legislation and policies, the Contracting Parties shall take all necessary steps for harmonisation of environmental protection measures in protected areas, including management of transboundary protected areas, co-ordinated research and monitoring programs in the Black Sea basin. 

2.  Such measures should include for each protected area:

a)  the development and adoption of a management plan to a standard format

b) a comprehensive integrated regional monitoring programme

c) the active involvement of local communities in both planning and implementation, including assistance to local inhabitants who might be affected by the establishment of such areas

d) adoption of appropriate financial mechanisms

e) the regulation of activities including the issuing of permits

f) training of staff as well as the development of appropriate infrastructure.

3.  The Contracting Parties shall ensure that national contingency plans incorporate measures for responding to incidents that could cause damage or constitute a threat to the protected area.

4.  When protected areas or landscapes covering both land and marine areas have been established, the Contracting Parties shall endeavour to ensure the co-ordination of the administration and management of the specially protected area as a whole.

ANNEX 2 Provisional List of Species of the Black Sea Importance

ALGAE

1.   Cystoseira barbata **

2.   Cystoseira crinita**

3.   Dictyota dichotoma*

4.   Phyllophora brodiaei ** 

5.   Phyllophora nervosa, key species of the Phyllophora biocoenosis, commercial species**

6.   Phyllophora pseudoceranoides **

PLANTS

7.   Salvinia natans **

8.   Trapa natans **

9.   Zostera marina*

10. Zostera noltii *

ANIMALS

Spongia

11. Lissodendoryx variisclera *

12. Suberites prototipus *

Polychaeta

13. Eteone siphonodonta*

14. Hesionides arenarius **

15. Nainereis laevigata*

16. Ophelia bicornis ** 

17. Phyllodoce nana*

Crustacea

18. Anomalocera patersoni **

19. Apseudopsis ostroumovi*

20. Biancolina cuniculus**

21. Branchinecta orientalis *

22. Branchinectella spinosa **

23. Branchmectella media *

24. Callianassa pontica **

25. Callianassa truncata **

26. Caprella acanthifera

27. Carcinus mediterraneus*

28. Eriphia verrucosa  **

29. Hemimysis anomala **

30. Hemimysis serrata **

31. Homarus vulgaris *

32. Iphigenella acanthopoda *

33. Iphigenella andrussovi *

34. Iphigenella shablensis *

35. Katamysis warpachowskyi *

36. Labidocera brunescens **

37. Macropipus arcuatus **

38. Pilumnus hirtellus **

39. Pontella mediterranea **

40. Potamon tauricum *

41. Processa pontica *

42. Smirnoviella reducta *

43. Tanymastix stagnalis *

44. Upogebia pusilla **

45. Xantho poressa **

Insecta

46. Calopteryx splendens balcanica **

47. Calopteryx splendens taurica **

48. Calopteryx virgo meridionalis **

Halacaridae

49. Halacarellus procerus **

Mollusca

50. Bela nebula *

51. Cyclope donovani  *

52. Donacilla cornea **

53. Halichondria panicea*

54. Melaraphe neritoides **

55. Ostrea edulis **

56. Pachygrapsus marmoratus*

57. Patella tarentina **

58. Solen vagina **

Echinodermata

59. Echinocyamus pusillus *

60. Marthasterias glacialis *

Acrania

61. Amphioxus lanceolatum *

Pisces

62. Acipenser guldenstaedti **

63. Acipenser guldenstaedti colchicus V. Marti **

64. Acipenser nudiventris **

65. Acipenser ruthenus **

66. Acipenser stellatus**

67. Acipenser sturio *

68. Aidablennius sphinx **

69. Aphia minuta **

70. Balistes carolinensis  *

71. Belone belone euxini**

72. Callionymus belenus **

73. Dicentrarchus labrax**

74. Diplodus annularis*

75. Hippocampus guttulatus microstephanus **

76. Hucho hucho hucho *

77. Huso huso ** 

78. Knipowitschia longicaudata **

79. Lipophrys pavo **

80. Liza ramada*

81. Lophius piscatorius  *

82. Mesogobius batrachocephalus*

83. Mullus barbatus ponticus*

84. Nerophis ophidion*

85.  Pomatomus saltator **

86. Pomatoschistus caucasicus**

87. Salmo trutta labrax **

88. Sarda sarda **

89. Scomber scombrus **

90. Scorpena porcus

91. Serranus cabrilla**

92. Serranus scriba*

93. Sphyraena sphyraena *

94. Spicara smaris*

95. Syngnatus tenuirostris*

96. Syngnatus typhle *

97. Thunnus thynnus **

98. Trigla lucerna*

99. Xiphias gladius *

Aves

100.  Asio flammeus*

101.  Calonectris diomedea**

102. Ciconia nigra **

103. Gelochelidon nilotica*

104. Haliaeetus albicilla **

105. Himantopus himantopus*

106. Numenius tenuirostris*

107. Pandion haliaetus **

108. Panurus biarmicus*

109. Pelecanus crispus **

110. Pelecanus onocrotalus **

111. Phalacrocorax aristotelis **

112. Halietor (Phalacrocorax) pygmeus *

113. Phenicopterus rubber *

114. Platalea leucorodia **

115. Plegadis falcinellus **

116.  Puffinus puffinus yelkouan*

117.  Recurvirostra avosetta*

118. Branta ruficollis **

119. Somateria mollissima *

120. Sturnus roseus *

121. Tadorna ferruginea ** 

Mammalia

122. Delphinus delphis **

123. Lutra lutra *

124. Monachus monachus **

125. Phocoena phocoena **

126. Tursiops truncatus **

Notes: *   Rare species

           ** Endangered species

ANNEX 3 Conservation of Species and Management of Their Habitats

Article 1

1 The Contracting Parties shall manage species of flora and fauna with the aim of maintaining them at favourable conservation status.

2 The Contracting Parties shall compile lists of threatened species of flora and fauna and species critical to ecosystem functioning and accord protected status to such species within three years of the coming into force of this Protocol. 

3 The Contracting Parties shall regulate, and where appropriate, prohibit activities having adverse effects on such species or their habitats and carry out management, planning and other measures to ensure favourable conservation status for such species.

4 With respect to protected species of fauna, the Contracting Parties shall control and where appropriate prohibit:

a)    the taking, possession or killing, the commercial trade, the transport and the exhibition for commercial purposes of these species, their eggs, parts or products

b)   the disturbance of wild fauna, particularly during breeding, hibernation or migration, as well as other periods of biological stress.

5 The Contracting Parties shall co-ordinate their efforts through bilateral or multilateral action including, if necessary, through agreements for the protection and recovery of migratory species whose range extends into the area to which this Protocol applies.

6 With respect to protected species of flora and their parts and products, the Contracting Parties shall regulate and where appropriate prohibit all forms of destruction and disturbance, including the picking, collecting, cutting, uprooting, possession of, commercial trade in or transport and exhibition for commercial purposes of such species.

7 The Contracting Parties shall endeavour, directly or through the Advisory Group on the Conservation of Biodiversity in the Black Sea, to consult with range states that are not Contracting Parties to the Protocol, with a view to co-ordinating their efforts to manage and protect species on Annex 2.

Article 2

1.   The Contracting Parties shall adopt co-operative measures to ensure the protection, conservation and improvement of the flora and fauna listed in Annex 2 to this Protocol relating to the list of threatened species.  The list shall be revised shall be every five years and within three years of this Protocol coming into force.

  1. The Contracting Parties shall ensure the maximum possible protection and recovery of the species of flora and fauna listed in Annex 2 by adopting at the national level the measures provided for in Annex 3, Articles 4 and 6 of this Protocol.
  1. The Contracting Parties shall prohibit the destruction of and damage to the habitats of species listed in Annex 2, and shall formulate and implement action plans for their conservation or recovery.
  1. When the habitats of a threatened species extends to both sides of a national frontier or of the limit that separate the territories or the areas subject to the sovereignty or the national jurisdiction of the Contracting Parties to the Protocol, these Contracting Parties shall co-operate with a view to ensuring the protection and conservation, and, if necessary, the recovery of such species.
  1. Provided that no other satisfactory solutions are available and that the exemption does not harm the survival of the population or of any other species, Contracting the Parties may grant exemptions to the prohibitions prescribed for the protection of the species listed in Annex 2 to this Protocol for scientific, educational or management purposes necessary to ensure the survival of the species or to prevent significant damage. Such exemptions shall be notified to the Contracting Parties.

Article 3

  1. The Contracting Parties shall adopt a list of Species Whose Exploitation Should Be Regulated in order to ensure that the use of these components of biodiversity is sustainable. This list shall comprise Annex 4 of this Protocol within three years of this Protocol coming into force and shall be revised on five years basis.
  1. The Contracting Parties, in co-operation with competent international organizations, shall take all appropriate measures to ensure the conservation of the species listed in Annex 4 relating to the List of Species Whose Exploitation Should Be Regulated while at the same time regulating and authorising the exploitation of these species so as to ensure and maintain favourable conservation status.

3. For those species which are not in a favourable conservation status, the Contracting Parties shall agree and put in place recovery plans.

ANNEX 4 List of Species Whose Exploitation Should be Regulated by the Black Sea Biodiversity and Landscape Conservation Protocol

Criteria for selection of species whose exploitation should be regulated

  1. Fish stocks are sufficient for commercial exploitation and are above biological safety limits
  2. Local stocks are to be regulated nationally but reported regionally
  3. Shared stocks and migratory stocks are regulated by Parties concerned but reported regionally
  4. Highly migratory stocks are regulated by the special Black Sea body on fisheries
  5. Species that fall under category extinct, critically endangered, critical, vulnerable or rare are automatically assigned zero quota by the Party of concern (Ref. CITES requirements)
  6. Species that fall under category endangered, vulnerable and rare are allowed for exploitation on scientifically based information for the status of their populations and after fishing quota common for the Black Sea and the flowed rivers, has been negotiated and agreed by the Parties. In case if one of the Parties disagrees the common quota, the fishing is prohibited for all Parties of concern

PISCES

Acipenser guldenstaedti colchicus Brand
Acipenser nudiventris (Şip)
Acipenser ruthenus
Acipenser stellatus (Sivrişka)
Acipenser sturio
Alosa immaculata
Alosa tanaica
Atherina pontica
Belone belone euxini Guenther
Dasyatis pastinaca L.
Engraulis encrasicolus  ponticus
Engraulis encrasicolus maeobiens Azov Sea race
Gobiidae
Huso huso
Lisa saliens
Liza aurata (Risso)
Merlangius merlangus euxinus (Nordmann)
Mugil cephalus L.
Mugil so-iuy Basilewsky
Mullus barbatus ponticus Essipov
Mytilus galloprovincialis
Pomatomus saltatrix
Psetta (maxima) maeotica (Pallas)
Raja  clavata
Sarda sarda (Block)
Scomber  colias (japonicus) Gmelin, ask FOMLR
Sprattus sprattus
Squalus acanthias L.
Trachurus mediterraneus ponticus Aleev

Mollusca

Mytilus galloprovincialis
Chamelea gallina Donax trunculus
Donacilla cornea

Insects

Mosquitos larvae Chironomidae family

Crustaceans

Crawfish Astacus leptodactylus
Shrimp Palaemon adspersus
Palaemon elegans
Amphipoda Pontogammarus maeoticus
Anostraca Artemia salina
Crangon crangon

Birds


Pochard Aythya ferina
Scaup Aythya marila

Species which abundance needs to be controlled/regulated

Birds, check the Bird Directive
Cormorant Phalacracorax carbo

Mollusca

Rapana venosa (still under discussion)

 

Protocol on the Protection of the Marine Environment of the Black Sea from Land-Based Sources and Activities (2009) [entry into force pending]

Main Text

Preamble

Article 1. Purpose of the Protocol

Article 2. Definitions

Article 3. Scope of Application

Article 4. General Obligations

Article 5. Measures of Implementation

Article 6. Common Guidelines and Standards

Article 7. Pollution from Point Sources

Article 8. Pollution from Diffuse Sources

Article 9. Other Harmful Activities

Article 10. Transboundary Pollution and Impact

Article 11. Information and Data Collection, Monitoring and Assessment

Article 12. Environmental Impact Assessment

Article 13. Exchange of Information

Article 14. Public Participation

Article 15. Cooperation and Assistance

Article 16. Reporting

Article 17. Compliance

Article 18. Funding

Article 19. Institutional Arrangements

Article 20. Settlement of Disputes

Article 21. Amendments to this Protocol

Article 22. Annexes

Article 23. Relation to International Agreements

Article 24. Final Clauses

Annex I. Activities and Substances of Concern

Annex II. Diffuse Sources of Pollution from Agriculture and Forestry

Annex III. Pollution Transported through the Atmosphere

Annex IV. Authorisation and Regulation of Emissions

Annex V. Best Available Techniques and Best Environmental Practice

The Contracting Parties to the present Protocol,

Being Parties to the Convention on the Protection of the Black Sea Against Pollution and its Protocol on the Protection of the Black Sea Marine Environment Against Pollution from Land Based Sources, adopted at Bucharest on 21 April 1992,

Determined to implement the Convention, and specifically its Article VII, the Odessa Ministerial Declaration on the Protection of the Black Sea of 7 April 1993, and the Sofia Ministerial Declaration on the Protection of the Black Sea of June 2002, and to further strengthen and amplify the provisions of the Protocol on the Protection of the Black Sea Marine Environment Against Pollution from Land Based Sources of 21 April 1992,

Recognizing the importance of relevant measures provided for in the Strategic Action Plan for the Rehabilitation and Protection of the Black Sea of 31 October 1996,

Desiring to pursue the protection and conservation of the marine environment and coastal areas and rational use of natural resources of the Black Sea as an integral part of the process of sustainable development in the region, aimed at meeting the needs of present and future generations in an equitable manner,

Conscious of the serious danger posed to the marine environment and coastal areas, living resources and human health by pollution from land-based sources and activities, Recognising that loads of nutrients, especially coming from the inflowing transboundary rivers, which cause eutrophication over wide areas of the Black Sea, remain an issue of particular concern to the Black Sea countries,

Noting that notwithstanding certain progress achieved in reducing pollution caused by emissions from land-based sources, existing measures and efforts at the local, national and regional levels need to be further strengthened,

Convinced of the need for enhanced cooperation with States and international bodies concerned with the protection and rehabilitation of the rivers draining into the Black Sea and relevant to the state of its ecosystem,

Noting commitments of the Black Sea countries made under the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities, adopted in Washington, D.C., on 3 November 1995

Have agreed as follows:

Article 1. Purpose of the Protocol

The purpose of this Protocol is to prevent, control and to the maximum extent possible eliminate pollution from land-based sources and activities in order to achieve and maintain a good ecological status of the Black Sea, including its marine and coastal ecosystems.

Article 2. Definitions

For the purposes of this Protocol:

"Convention" means the Convention on the Protection of the Black Sea Against Pollution, adopted at Bucharest on 21 April 1992;

"Commission" means the body referred to in Article XVII of the Convention;

"Contracting Party" means any Party to the Convention on the Protection of the Black Sea against Pollution that has become a party to this Protocol;

"Best available techniques (BAT)" means the latest stage of development (state of the art) of processes, facilities or methods of operation, which indicate the practical suitability of a particular measure for limiting emissions and waste.

"Techniques" include both the technology used and the way in which the installation is designed, built, maintained, operated and dismantled;

"Best environmental practice (BEP)" means the application of the most appropriate combination of environmental control measures and strategies; "Coastal area" means the part of the land affected by its proximity to the sea, and that part of the sea affected by its proximity to the land as to the extent to which man’s land-based activities have a measurable influence on water chemistry and marine ecology;

"Harmful activity" means any activity which is capable of causing significant adverse effect on the environment including effects on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; they also include effects on the cultural heritage or socio-economic conditions resulting from alterations to those factors;

"Hot spot" means a limited and definable local land area, stretch of surface water or specific aquifer that is subject to excessive pollution and necessitates priority attention in order to prevent or reduce the actual or potential adverse impacts on human health, ecosystems or natural resources and amenities of economic importance;

"Emission" means any kind of discharges, effluents or releases of polluting substances into the water, air or soil;

"Emission controls" are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature or other characteristics of an emission or operating conditions which affect emissions;

"Emission limit values" means the mass, expressed in terms of certain specific parameters, concentration or level of an emission, which may not be exceeded during any one or more periods of time. The emission limit values for substances shall normally apply at the point where the emissions leave the installation, dilution being disregarded when determining them;

"Environmental quality standard" means the concentration of a particular pollutant or group of pollutants in water, sediment or biota, which should not be exceeded in order to protect human health and the environment;

"Environmental quality objective" means a goal, which specifies a desirable target for environmental quality that should be met in some particular environment, such as a river, beach or industrial site;

"Land-based sources" means point and diffuse sources on land from which substances or energy reach the maritime area by water, through the air, or directly from the coast;

"Point sources" means sources of pollution where emissions and releases are introduced into the environment from any discernable, confined and discrete conveyance, including but not limited to pipes, outfalls, channels, ditches, tunnels, conduits or wells from which pollutants are or may be discharged;

"Diffuse sources" means sources of pollution, other than point sources, from which substances enter the environment as a result of land run-off, precipitation, atmospheric deposition, drainage, seepage or by hydrologic modification or destruction of habitats.

Article 3.Scope of Application

Pursuant to Article VII of the Convention and with the objective to protect and preserve:

a) The marine environment of the Black Sea,

b) Coastal areas of the Black Sea, including brackish waters, coastal waters, marshes, and coastal lagoons, and

c) Ground waters communicating with the Black Sea.

This Protocol shall apply to:

i) Emissions of polluting substances originating from land-based point and diffuse sources that may have a measurable adverse effect on the marine environment or coastal areas of the Black Sea. These emissions shall include those which reach the marine environment through rivers, canals or other watercourses, including groundwater flow, coastal disposals and outfalls, disposal under the seabed with access from land, or through runoff;

ii) Inputs of polluting substances transported through the atmosphere into the marine environment of the Black Sea from land-based sources under the conditions defined in Annex III;

iii) Activities that may directly or indirectly affect the marine environment or coastal areas of the Black Sea such as works which cause physical alteration of the natural state of the coastline, including alteration or destruction of the landscape or habitats.

Article 4. General Obligations

1. The Contracting Parties shall individually or jointly take all appropriate measures in accordance with the provisions of the Convention and Protocols in force to prevent, control and to the maximum extent possible eliminate pollution of and other adverse effects on the marine environment or coastal areas of the Black Sea from land-based sources and activities.

2. The Contracting Parties shall, in particular:

a) Apply the precautionary principle, by virtue of which where there are threats of serious or irreversible damage to the environment or to public health, lack of full scientific certainty shall not be used as a reason for postponing costeffective measures to prevent such damage;

b) Apply the polluter pays principle, by virtue of which the costs of pollution prevention, control and reduction measures are to be borne by the polluter, with due regard to the public interest;

c) Ensure that activities which are likely to cause a significant adverse impact on the marine environment and coastal areas are made subject to environmental impact assessment and a prior authorization by competent national authorities;

d) Ensure that environmental considerations, including health aspects, are thoroughly taken into account in the development of relevant plans and programmes, inter alia by means of strategic environmental assessment;

e) Promote cooperation between and among the Contracting Parties in environmental impact assessment procedures related to activities under their jurisdiction or control, which are likely to have a significant adverse effect on the marine environment of other States, on the basis of exchange of information; and

f) Endeavour to apply the integrated management of coastal zones and watersheds.

3. The Contracting Parties shall endeavour to cooperate, as appropriate, with other States sharing watercourses flowing into the Black Sea, in order to achieve the objectives of this Protocol.

4. The Contracting Parties shall take preventive measures to reduce to the minimum the risk of pollution caused by industrial accidents.

Article 5. Measures of Implementation

1. In implementing this Protocol, the Contracting Parties shall:

a) Adopt national and regional programmes or plans of actions based on source control and containing measures and, where appropriate, timetables for their completion. In developing such programmes or plans they shall take into consideration provisions and recommendations of the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities;

b) Address activities and substances listed in Annex I through the progressive development, adoption and implementation of:

i) emission controls, including emission limit values for relevant substances, environmental quality standards and environmental quality objectives, as well as management practices based on the factors defined in Annex I; and

ii) timetables for achieving the limits, management practices and measures agreed by the Contracting Parties; and

c) Utilize or promote BAT and BEP and the application of, access to and transfer of environmentally sound technology, including cleaner production, taking into account the social, economic and technological conditions and criteria set forth in Annex V. 2. The provisions of this Protocol shall not affect the right of the Contracting Parties individually or jointly to adopt and implement more stringent measures than those provided for in this Protocol. 3. Each Contracting Party shall designate a national authority to coordinate the implementation of the provisions of this Protocol in its territory and under its jurisdiction and to communicate with the Commission.

Article 6. Common Guidelines and Standards

1. In conformity with Article XV of the Convention, the Contracting Parties shall progressively formulate and adopt, in cooperation with competent international organisations, common guidelines and, as appropriate, standards or criteria dealing in particular with:

a) The length, depth and position of pipelines for coastal outfalls, taking into account, in particular, the methods used for treatment of effluents;

b) Special requirements for effluents necessitating separate treatment;

c) The quality of sea-water used for specific purposes that is necessary for the protection of human health, living resources and ecosystems;

d) The control and progressive replacement of products, installations and industrial and other processes causing significant pollution of the marine environment and coastal areas; and

e) Specific requirements concerning the quantities of the substances discharged (listed in Annex I), their concentration in effluents and methods of discharging them in accordance with BAT and BEP.

2. The regional programmes and plans of action referred to in Article 5 (paragraph 1.a) of this Protocol shall be elaborated and implemented taking into consideration the following:

a) The common emission limit values, environmental quality standards or environmental quality objectives, as well as timetables for the implementation of the measures aimed at preventing, reducing or eliminating, as appropriate, pollution from land-based sources and activities shall be established by the Contracting Parties and periodically reviewed for substances listed in Annex I to this Protocol; and

b) The Commission shall define criteria as well as recommend appropriate measures to reduce, control and eliminate pollution of and the adverse effect on the marine environment and coastal areas of the Black Sea from land-based sources and activities and periodically update them to reflect the increasing information through the monitoring programmes referred to in Article 11 of this Protocol, the changes in the industrial and other human activities and possible advances in science and the pollution control technologies.

Article 7. Pollution from Point Sources

1. The Contracting Parties shall ensure that the emission controls of point source emissions of substances listed in Annex I that reach and affect or may affect the 9 marine environment of the Black Sea are based on BAT, BEP or the relevant emission limit values.

2. A list of Hot spots shall form the basis for the development of national strategies and timetables for achieving substantial reductions of inputs of pollutants from point sources. This list shall be elaborated and subsequently reviewed and revised every two years by the Commission.

3. Point source emissions shall be subject to authorisation or regulation by the competent national authorities of the Contracting Parties, taking due account of the provisions of this Protocol, Annex IV thereto and the relevant decisions or recommendations of the Commission.

4. To this end, the Contracting Parties shall provide for a system of regular monitoring and inspection by their competent national authorities to assess compliance with authorisation and regulation of emissions. The Contracting Parties shall have in place appropriate sanctions in case of non-compliance with authorisations and regulations and ensure their application.

5. The Contracting Parties may be assisted by the Commission upon request, in establishing new, or strengthening existing, competent structures for inspection of compliance with authorisations and regulations. Such assistance shall also include special training of personnel.

Article 8. Pollution from Diffuse Sources

1. The Contracting Parties shall ensure that the controls of diffuse sources of land-based pollution affecting or having the potential to affect the marine environment or coastal areas of the Black Sea are based on BEP and BAT.

2. The Contracting Parties shall take all necessary measures to substantially reduce the pollution load from agricultural and forest areas affecting the marine environment or coastal areas of the Black Sea in order to comply with the agreed environmental quality standards and environmental quality objectives for substances listed in Annex I to this Protocol in accordance with criteria defined in Annex II.

Article 9. Other Harmful Activities

The Contracting Parties shall ensure that other potentially harmful activities within their respective territories or regulatory control, which affect or may affect the marine environment or coastal areas of the Black Sea and which are not covered by the provisions of Articles 7 and 8 of this Protocol, are conducted on the basis of BAT and BEP.

Article 10. Transboundary Pollution and Impact

1. In accordance with Article 15 paragraph 5 of the Convention, where landbased pollution or activities within the jurisdiction of any Contracting Party cause or are likely to cause serious transboundary impact on the marine environment or coastal 10 areas of one or more of the other Contracting Parties, the Contracting Party concerned shall inform the affected Contracting Parties through the Commission.

2. If pollution from a watercourse which flows through the territories of two or more Contracting Parties or forms a boundary between them affect or is likely to affect the marine environment of the Black Sea, the Contracting Parties in question, respecting the provisions of this Protocol in so far as each of them is concerned, are called upon to cooperate with a view to ensuring its full application.

3. A Contracting Party shall not be responsible for pollution originating in the territory of a non-contracting State. However, the above Contracting Party shall endeavour to cooperate with the said State so as to make possible the full application of this Protocol.

Article 11. Information and Data Collection, Monitoring and Assessment

1. Within the framework of the provisions of, and the monitoring programmes provided for in Article XV of the Convention, and if necessary in cooperation with competent international organisations, the Contracting Parties shall:

a) Collect information and data on the conditions of the marine environment and coastal areas of the Black Sea as regards its physical, biological and chemical characteristics;

b) Collect information and data and prepare and maintain an inventory of inputs of substances listed in Annex I of this Protocol, including information on the distribution of sources and quantities of such substances introduced to the marine environment of the Black Sea;

c) Systematically asses the state of the marine environment and coastal areas of the Black Sea;

d) Systematically assess, as far as possible, the levels of pollution along their coasts, in particular with regard to activities and substances listed in Annex I and periodically to provide information in this respect;

e) Evaluate the effectiveness of action plans, programmes and measures adopted and implemented under this Protocol to reduce, control and eliminate to the maximum extent possible pollution of the marine environment from landbased sources and activities; and f) Assess general compliance with the provisions of this Protocol.

2. The Contracting Parties shall collaborate in establishing a regional monitoring programme as well as compatible national monitoring programmes, and in facilitating data and information storage, retrieval and exchange.

3. Information referred to in paragraph 1 above shall be made available by the Contracting Parties to the Commission, as provided for in Article 19 of this Protocol, at regular intervals to be agreed by the Contracting Parties.

Article 12. Environmental Impact Assessment

1. The Contracting Parties shall endeavour to develop and adopt regional guidelines and enhance corresponding national regulations concerning the assessment of the potential environmental impacts of land-based projects and activities including those likely to cause serious transboundary impact and review and update those guidelines as appropriate.

2. Each Contracting Party shall introduce and apply procedures of environmental impact assessment of any planned land-based activity or project within its territory or under its regulatory control that is likely to cause significant adverse effect on the marine environment or coastal areas of the Black Sea.

3. The implementation of activities and projects referred to in paragraph 2 above shall be made subject to a prior written authorisation from the competent authorities of the Contracting Party, which takes fully into account the findings and recommendations of the environmental impact assessment. Each Contracting Party shall, subject to its national laws and regulations, seek the participation of affected persons in any review process conducted pursuant to paragraph 2 above, and, where practicable, publish or make available relevant information obtained in this review.

Article 13. Exchange of Information

The Contracting Parties directly or through the Commission shall exchange on a regular basis information and develop systems and networks for the exchange of information to facilitate the implementation of this Protocol.

Article 14. Public Participation

1. The Contracting Parties shall endeavour to promote the participation of the public in measures that are necessary for the protection of the marine environment and coastal areas of the Black Sea from land-based sources and activities, including environmental impact assessments, and in decision-making processes relevant to the implementation of this Protocol.

2. Each Contracting Party shall, in accordance with its national laws and regulations, facilitate public access to the information concerning conditions of the marine environment and coastal areas of the Black Sea, measures taken or planned to be taken to prevent, control and reduce pollution.

Article 15. Cooperation and Assistance

1. The Contracting Parties shall cooperate, bilaterally or, where appropriate, on a regional basis through the Commission in the prevention, control and elimination of pollution of the marine environment and coastal areas of the Black Sea from landbased sources and activities.

2. In conformity with Article XV of the Convention, the Contracting Parties shall encourage cooperation in scientific and technological fields related to pollution from land-based sources and activities, particularly in research on inputs, pathways, fates and effects of pollutants and on the development of new methods of pollution prevention, control and elimination, including the development and application of cleaner production approaches to this effect.

3. The Contracting Parties shall promote cooperation, directly or through the Commission, with those Contracting Parties which request it in obtaining assistance for the implementation of this Protocol particularly to: a) Develop scientific, technical, educational and public awareness programmes and train scientific, technical and administrative personnel; b) Provide technical advice, information and other assistance; and c) Identify and approach potential sources of financing for projects necessary to implement this Protocol.

4. The Contracting Parties shall cooperate with international organisations, programmes and instruments relevant to the prevention, reduction and control of pollution of the marine environment and coastal areas from land-based sources and activities.

Article 16. Reporting

1. Each Contracting Party shall submit to the Commission annual reports on measures adopted for the implementation of this Protocol in a format to be determined by the Commission. The Commission shall make them available to all Contracting Parties.

2. Such reports shall include, inter alia:

a) Information on legal and regulatory measures, action plans, programmes and other steps taken for the implementation of this Protocol, its Annexes and recommendations adopted thereunder;

b) Data on the quantities of substances of concern discharged from their territories;

c) Statistical data on the authorisations granted in accordance with Article 7 of this Protocol; d) Data resulting from monitoring as provided for in Article 11 of this Protocol;

e) Information on activities altering the coastline, habitats within coastal areas and related watersheds;

f) Information on results achieved in the elimination and control of pollution from Hot spots; and g) Information on general results achieved and, if the case arises, difficulties encountered in the implementation of this Protocol. 3. Information provided pursuant to paragraph 2 above, which is designated by a Contracting Party as confidential, shall be used in such a manner as to assure its confidentiality. Nothing in this Protocol shall require a Contracting Party to supply information, the disclosure of which is contrary to the essential interests of its security.

Article 17. Compliance

1. The Contracting Parties shall develop non-confrontational and non-judicial procedures of consultative nature to ensure compliance with the provisions of this Protocol. 2. To facilitate achieving the objectives of this Protocol by the Contracting Parties the Commission shall: a) On the basis of the reports referred to in Article 16 and any other information submitted by the Contracting Parties, review and evaluate their compliance with and enforcement of the Protocol and the decisions and recommendations adopted thereunder; and b) Where appropriate, decide upon and call for steps to bring about full compliance with the Protocol and decisions adopted thereunder and promote the implementation of recommendations, including measures to assist a Contracting Party to carry out its obligations.

Article 18. Funding

1. The Contracting Parties, taking into account their capabilities, shall as far as possible ensure that adequate financial resources are available for the formulation and implementation of programmes, projects and measures necessary to achieve the objectives of this Protocol. To this end, the Contracting Parties shall:

a) Endeavour to allocate sufficient domestic financial resources;

b) Promote the mobilisation of financial resources from bilateral and multilateral funding sources and mechanisms, including grants and loans; and

c) Explore innovative methods and incentives for mobilising and channelling resources, including those of foundations, non-governmental organisations and other private sector entities, and encourage various forms of public private partnerships.

2. In addition to the financial participation by the Contracting Parties the Commission may, in response to a request from any Contracting Party, seek additional funds or other forms of assistance for activities related to this Protocol. These funds may include voluntary contributions for the achievement of specific objectives of this Protocol made by the Contracting Parties, other governments and government agencies, international organisations, non-governmental organisations, the private sector and individuals.

Article 19. Institutional Arrangements

1. For the purposes of this Protocol and in accordance with Article XVII of the Convention, the Commission shall, inter alia:

a) Consider the efficacy of the measures adopted and the advisability of adopting any other measures, in particular in the form of annexes;

b) Revise and amend any annex to this Protocol, as appropriate, in accordance with Article XXI of the Convention;

c) Formulate, adopt and review regional programmes, plans of actions or measures in accordance with Article 5 of this Protocol;

d) Adopt regional guidelines, standards or criteria in accordance with Article 6 of this Protocol;

e) Formulate procedures for exchange of information and assist in developing information systems and networks for the exchange of information in accordance with Article 13 of this Protocol;

f) Forward to the Contracting Parties information submitted to it in accordance with Article 11 of this Protocol;

g) Review and assess information submitted by the Contracting Parties in accordance with Articles 13 and 16 of this Protocol;

h) Compile, review and revise a list of Hot spots as provided for in Article 7 of this Protocol; 15

i) Compile and make available to the Contracting Parties reports and studies which may be required for the implementation of this Protocol or as requested by them;

j) Assist in raising funds as provided for in Article 18 of this Protocol;

k) Cooperate with relevant international organisations;

l) Perform such other functions assigned to it by the Contracting Parties as deemed appropriate for the implementation of this Protocol; and

m) Establish any such institutional mechanism as deemed necessary for the achievement of the objectives of this Protocol.

Article 20. Settlement of Disputes

In case of a dispute between Contracting Parties concerning the interpretation or implementation of this Protocol, they shall seek a settlement of the dispute in accordance with Article XXV of the Convention. Article 21. Amendments to this Protocol Adoption of any amendments to this Protocol shall be made in accordance with the procedures established by Article XX of the Convention.

Article 22. Annexes

1. Provisions of this Protocol that require further elaboration are dealt with in annexes, constituting an integral part of the Protocol. 2. The Contracting Parties may also develop such additional annexes, as they may deem appropriate. Adoption of new annexes or any amendments to annexes to this Protocol shall be made in accordance with the procedures established by Article XXI of the Convention.

Article 23. Relation to International Agreements

1. This Protocol shall replace, as between its Contracting Parties, the Protocol on the Protection of the Black Sea Marine Environment Against Pollution from Land Based Sources, of 21 April 1992. 2. This Protocol shall not affect the rights and obligations of the Contracting Parties which arise from other agreements.

Article 24. Final Clauses

1. The Protocol shall enter into force in accordance with the provisions of Article XX of the Convention.

2. No reservations may be made to this Protocol.

3. The instruments of ratification, acceptance or approval shall be deposited with the Government of Romania. Done 17 April 2009, Sofia, Bulgaria

ANNEX I - ACTIVITIES AND SUBSTA5CES OF CONCERN

This Annex contains elements, which shall be taken into account by the Contracting Parties in the preparation of action plans, programmes and measures for the reduction, control and elimination of pollution from land-based sources and activities referred to in article 5 of this Protocol. Such action plans, programmes and measures shall aim to cover the activities listed in Section A and also cover the groups of substances enumerated in Section B, selected on the basis of the characteristics listed in Section C of the present Annex. Priorities for action should be established by the Contracting Parties by assessing the relative importance of impacts upon public health, coastal and marine resources, ecosystem health, and socio-economic benefits, including cultural values.

A. Activities

The following activities (not listed in order of priority) shall be primarily considered when setting priorities for the preparation of action plans, programmes and measures for the reduction, control and elimination of the pollution from land-based sources and activities:

1. Agriculture;

2. Animal husbandry;

3. Aquaculture;

4. Cement production;

5. Disposal of sewage sludge;

6. Dredging;

7. Electronic industry;

8. Energy production;

9. Fertilizer production;

10. Food processing;

11. Forestry;

12. Harbour operations;

13. Incineration of waste and management of its residues;

14. Metal industry;

15. Mining;

16. Other sectors of the inorganic chemical industry;

17. Other sectors of the organic chemical industry;

18. Paper and paper-pulp industry;

19. Petroleum refining;

20. Petroleum pipelines;

21. Pharmaceutical industry;

22. Production and formulation of biocides;

23. Recycling industry;

24. Shipbuilding and repairing industry;

25. Tanning industry;

26. Textile industry;

27. Tourism;

28. Transport;

29. Waste and wastewater (municipal and industrial) management; and

30. Any coastal activity and works which cause physical alteration of the natural state of the coastline or destruction of habitats.

B. Categories of Substances

In the preparation of action plans, programmes and measures the Contracting Parties shall use as guidance the following categories of substances identified on the basis of their hazardous or otherwise harmful characteristics:

1. Organohalogen compounds and substances, which may form such compounds in the marine environment. Priority will be given to Aldrin, Chlordane, DDT, Dieldrin, Dioxins and Furans, Endrin, Heptachlor, Hexachlorobenzene, Mirex, PCBs and Toxaphene;

2. Organophosphorus compounds and substances which may form such compounds in the marine environment;

3. Organotin compounds and substances which may form such compounds in the marine environment;

4. Polycyclic aromatic hydrocarbons;

5. Heavy metals and their compounds;

6. Used lubricating oils;

7. Radioactive substances;

8. Biocides and their derivatives;

9. Pathogenic microorganisms;

10. Endocrine disrupting substances;

11. Crude oils and hydrocarbons of petroleum origin;

12. Cyanides and fluorides;

13. Non-biodegradable detergents and other non-biodegradable surface-active substances;

14. Nitrogen and phosphorus compounds and other substances which may cause eutrophication;

15. Litter (any persistent manufactured or processed solid material which is discarded, disposed of, or abandoned in the marine environment and coastal areas);

16. Thermal emissions;

17. Acid or alkaline compounds which may impair the quality of water;

18. Non-toxic substances that have an adverse effect on the oxygen content of the marine environment;

19. Non-toxic substances that may interfere with any legitimate use of the sea; and

20. Non-toxic substances that may have adverse effects on the physical or chemical characteristics of seawater.

C. Characteristics of Substances

In the preparation of action plans, programmes and measures the Contracting Parties shall take into account, where relevant, the following characteristics and factors:

1. Persistence;

2. Toxicity or other noxious properties (e.g. carcinogenicity, mutagenicity, teratogenicity);

3. Bioaccumulation;

4. Radioactivity;

5. Ratio between observed concentrations and no observed effect concentrations (NOEC);

6. Potential for causing eutrophication;

7. Health effects and risks;

8. Transboundary significance;

9. Risk of undesirable changes in the marine ecosystem and irreversibility or durability of effects;

10. Negative impacts on marine life and the sustainable use of living resources or another legitimate uses of the sea;

11. Effects on the taste or smell of marine products intended for human consumption;

12. Effects on the smell, colour, transparency or other characteristics of seawater; and

13. Distribution pattern (i.e. quantities involved, use patterns and probability of reaching the marine environment).

ANNEX II DIFFUSE SOURCES OF POLLUTION FROM AGRICULTURE AND FORESTRY

A. Definitions

For the purposes of this Annex

1. "Diffuse sources of pollution from agriculture" means diffuse sources of pollution originating from the cultivation of crops and rearing of domesticated animals, excluding intensive animal rearing operations that would otherwise be defined as point sources;

2. "Diffuse sources of pollution from forestry" means diffuse sources of pollution originating from forestry activities; and

3. "Best management practices" means economical and achievable structural or non-structural measures designed to prevent, reduce or control the run-off of pollutants.

B. Plans for the Prevention, Reduction and Control of Diffuse Sources of Pollution from Agriculture and Forestry

Each Contracting Party shall no later than five years after this Protocol enters into force, develop policies and plans, and establish legal and economic mechanisms for the prevention, reduction and control of pollution of the Black Sea from diffuse sources of pollution from agriculture and forestry that may adversely affect the marine environment or coastal areas of the Black Sea. Such policies, plans and mechanisms shall address, in particular, diffuse sources of pollution containing nutrients (nitrogen and phosphorus), pesticides, sediments and pathogens. Plans should include inter alia the following elements:

1. An assessment and evaluation of diffuse sources of pollution from agriculture and forestry that may adversely affect the marine environment and coastal areas of the Black Sea, including:

a) An estimation of loadings that may adversely affect the marine environment and coastal areas of the Black Sea;

b) An identification of associated environmental impacts and potential risks to human health;

c) An evaluation of the existing administrative framework to manage diffuse sources of pollution from agriculture and forestry;

d) An evaluation of existing best management practices and their effectiveness; and

e) The establishment of monitoring programmes.

2. Policy, legislative and economic measures including:

a) An assessment and evaluation of adequacy of plans, policies and legal mechanisms directed toward the management of diffuse sources of pollution from agriculture and forestry and the development of a plan to implement such modifications as may be necessary to achieve best management practices; and

b) The development and promotion of economic and non-economic incentive programmes to increase the use of best management practices to prevent, reduce and control pollution of the marine environment and coastal areas of the Black Sea from diffuse sources of pollution from agriculture and forestry.

C. Reporting

Each Contracting Party shall report on its plans for prevention, reduction and control of pollution of the marine environment and coastal areas of the Black Sea from diffuse sources of pollution from agriculture and forestry in accordance with Article 16 of this Protocol.

ANNEX III POLLUTION TRANSPORTED THROUGH THE ATMOSPHERE

This Annex defines the conditions of application of this Protocol to pollution from land-based sources and activities transported through the atmosphere in terms of Article 3 (paragraph ii).

1. This Protocol shall apply to polluting emissions into the atmosphere under the following conditions: a) The discharged substance is or could be transported to the marine environment and coastal areas of the Black Sea under prevailing meteorological conditions; and b) The input of the substance into the marine environment and coastal areas of the Black Sea is hazardous in relation to the quantities of the same substance reaching the marine environment and coastal areas by other means.

2. This Protocol shall also apply to polluting emissions into the atmosphere affecting the marine environment and coastal areas of the Black Sea from land-based sources and activities within the territories of the Contracting Parties.

3. In the case of pollution of the marine environment and coastal areas of the Black Sea from land-based sources and activities through the atmosphere, the provisions of Articles 4 and 7 of this Protocol shall apply progressively to appropriate activities and substances listed in Annex I to this Protocol as will be agreed by the Contracting Parties.

4. Subject to the conditions specified in paragraph 1 above, the provisions of Article 6 (paragraph1) of this Protocol shall also apply to: a) Emissions - quantity and rate - of substances emitted to the atmosphere, on the basis of the information available to the Contracting Parties concerning the location and distribution of air pollution sources; b) The content of substances of concern in fuel and raw materials; c) The efficiency of air pollution control technologies and more efficient manufacturing and fuel burning processes; and d) The application of substances of concern in agriculture and forestry.

5. The provisions of Annex IV to this Protocol shall apply to pollution through the atmosphere whenever appropriate. Air pollution monitoring and modelling using acceptable common emission factors and methodologies shall be carried out in the assessment of atmospheric deposition of substances, as well as in the compilation of inventories of quantities and rates of pollutant emissions into the atmosphere from land-based sources.

6. All Articles of this Protocol shall apply equally to pollution from land-based sources and activities transported through the atmosphere wherever applicable and subject to the conditions specified in paragraph 1 above.

ANNEX IV AUTHORISATION AND REGULATION OF EMISSIONS

Pursuant to Article 7 (paragraph 3) of this Protocol, the Contracting Parties when considering the issue of an authorisation or regulation of the emissions containing substances of concern listed in Annex I to this Protocol, shall evaluate and consider, as the case may be, the following factors:

A. Characteristics and Composition of the Emissions

1. Type and size of point or diffuse source (e.g. industrial process).

2. Type of emissions (e.g. origin, average composition).

3. State of waste (e.g. solid, liquid, sludge, slurry).

4. Total amount (volume discharged, e.g. per year).

5. Discharge pattern (continuous, intermittent, seasonally variable, etc.).

6. Concentrations with respect to relevant constituents of substances listed in Annex I and of other substances as appropriate.

7. Physical, chemical and biochemical properties of the waste emissions.

B. Characteristics of Discharge Constituents with Respect to their Harmfulness

1. Persistence (physical, chemical, biological) in the marine environment.

2. Toxicity and other harmful effects.

3. Accumulation in biological materials or sediments.

4. Biochemical transformation producing harmful compounds.

5. Adverse effects on the oxygen content and balance.

6. Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other seawater constituents which may produce harmful biological or other effects on any of the uses listed in Section F below.

7. All other characteristics as listed in Annex I, Section C.

C. Characteristics of Discharge Site and Receiving Environment

1. Hydrographic, meteorological, geological and topographical characteristics of the coastal area.

2. Location and type of the discharge (outfall, canal outlet, etc.) and its relation to other areas (such as amenity areas, spawning, nursery, and fishing areas, shellfish grounds) and other emissions.

3. Initial dilution achieved at the point of discharge into the receiving environment.

4. Dispersion characteristics such as effects of currents, tides and wind on horizontal transport and vertical mixing.

5. Receiving water characteristics with respect to physical, chemical, biological and ecological conditions in the discharge area. 6. Capacity of the receiving marine environment to receive waste emissions without undesirable effects.

D. Characteristics of the Activity or Source Category

1. Performance of existing technologies and management practices, including indigenous technologies and management practices.

2. Age of facilities.

3. Existing economic, social and cultural characteristics.

E. Alternative Production, Waste Treatment Technologies or Management Practices

1. Recycling, recovery and reuse opportunities.

2. Less hazardous or non-hazardous raw material substitution.

3. Substitution of cleaner alternative activities or products.

4. Low-waste or clean technologies or processes.

5. Alternative disposal activities (for example on land disposal).

F. Potential Impairment of Marine Ecosystems and Seawater Uses

1. Effects on human health through pollution impact on

a) Edible marine organisms;

b) Bathing waters; and

c) Aesthetics.

2. Effects on marine and coastal ecosystems, in particular living resources, endangered species and critical habitats. 3. Effects on other legitimate uses of the sea.

ANNEX V BEST AVAILABLE TECHNIQUES AND BEST ENVIRONMENTAL PRACTICE

In accordance with the provisions of Articles 2, 5, 7, 8 and 9 of this Protocol the Contracting Parties shall utilize or promote the application of Best Available Techniques (BAT) and Best Environmental Practice (BEP).

A. Best Available Techniques

1. The use of BAT shall emphasize the use of non-waste technology, if available.

2. In determining whether a set of processes, facilities and methods of operation constitute the BAT in general or individual cases, special consideration shall be given to:

a) Comparable processes, facilities or methods of operation which have recently been successfully tried out;

b) Technological advances and changes in scientific knowledge and understanding;

c) The economic feasibility of such techniques;

d) Time limits for installation in both new and existing plants;

e) The nature and volume of the emissions and emissions concerned; and

f) The precautionary principle.

3. What is "BAT" for a particular process will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.

4. If the reduction of emissions resulting from the use of BAT does not lead to environmentally acceptable results, additional measures have to be applied.

B. Best Environmental Practice

1. In making a selection for individual cases, at least the following graduated range of measures should be considered:

a) The provision of information and education to the public and to users about the environmental consequences of choice of particular activities and choice of products, their use and ultimate disposal;

b) The development and application of Codes of Good Environmental Practice which cover all aspects of the activity in the product’s life;

c) The mandatory application of labels informing users of environmental risks related to a product, its use and ultimate disposal;

d) Saving of resources, including energy;

e) Making collection and disposal systems available to the public;

f) Avoiding the use of hazardous substances or products and the generation of hazardous waste;

g) Recycling, recovery and re-use;

h) The application of economic instruments to activities, products or groups of products; and

i) Establishing a system of licensing, involving a range of restrictions or a ban.

2. In determining what combination of measures constitute BEP, in general or individual cases, particular consideration should be given to:

a) The environmental hazard of the product and its production, use and ultimate disposal;

b) The substitution by less polluting activities or substances;

c) The scale of use;

d) The potential environmental benefit or penalty of substitute materials or activities;

e) Advances and changes in scientific knowledge and understanding;

f) Time limits for implementation;

g) Social and economic implications; and

h) Precautionary principle.

3. It therefore follows that BEP for a particular source will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.

4. If the reduction of inputs resulting from the use of BEP does not lead to environmentally acceptable results, additional measures have to be applied and BEP redefined.

PROTOCOL ON PROTECTION OF THE BLACK SEA MARINE ENVIRONMENT AGAINST POLLUTION FROM LAND BASED SOURCES (1992)

Main Text

Article 1

In accordance with Article VII of the Convention, the Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the marine environment of the Black Sea caused by discharges from land-based sources on their territories such as rivers, canals, coastal establishments, other artificial structures, outfalls or run-off, or emanating from any other land-based source, including through the atmosphere.

Article 2

For the purposes of this Protocol, the fresh water limit means the landward part of the line drawn between the endpoints on the right and the left banks of a water course where it reaches the Black Sea.

Article 3

This Protocol shall apply to the Black Sea as defined in Article I of the Convention and to the waters landward of the baselines from which the breadth of the territorial sea is measured and in the case of fresh- water courses, up to the fresh-water limit.

Article 4

The Contracting Parties undertake to prevent and eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in Annex I to this Protocol.

The Contracting Parties undertake to reduce and, whenever possible, to eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in Annex II to this Protocol.

As to water courses that are tributaries to the Black Sea, the Contracting Parties will endeavour to cooperate, as appropriate, with other States in order to achieve the purposes set forth in this Article.

Article 5

Pursuant to the provisions of Article XV of the Convention, each Contracting Party shall carry out, at the earliest possible date, monitoring activities in order to assess the levels of pollution, its sources and ecological effects along its coast, in particular with regard to the substances and matter listed in Annexes I and II to this Protocol. Additional research will be conducted upstream of river sections in order to investigate fresh/salt water interactions.

Article 6

In conformity with Article XV of the Convention, the Contracting Parties shall cooperate in elaborating common guidelines, standards or criteria dealing with special characteristics of marine outfalls and in undertaking research on specific requirements for effluents necessitating separate treatment and concerning the quantities of discharged substances and matter listed in Annexes I and II, their concentration in effluents, and methods of discharging them.

The common emission standards and timetable for the implementation of the programme and measures aimed at preventing, reducing or eliminating, as appropriate, pollution from land-based sources shall be fixed by the Contracting Parties and periodically reviewed for substances and matter listed in Annexes I and II to this Protocol.

The Commission shall define pollution prevention criteria as well as recommend appropriate measures to reduce, control and eliminate pollution of the marine environment of the Black Sea from land-based sources.

The Contracting Parties shall take into consideration the following:

  1. The discharge of water from municipal sewage systems should be made in such a way as to reduce the pollution of the marine environment of the Black Sea.
  2. The pollution load of industrial wastes should be reduced in order to comply with the accepted concentrations of substances and matter listed in Annexes I and II to this Protocol.
  3. The discharge of cooling water from nuclear power plants or other industrial enterprises using large amounts of water should be made in such a way as to prevent pollution of the marine environment of the Black Sea.
  4. The pollution load from agricultural and forest areas affecting the water quality of the marine environment of the Black Sea should be reduced in order to comply with the accepted concentrations of substances and matter listed in Annexes I and II to this Protocol.

Article 7

The Contracting Parties shall inform one another through the Commission of measures taken, results achieved or difficulties encountered in the application of this Protocol. Procedures for the collection and transmission of such information shall be determined by the Commission.

Annex I

Hazardous Substances and Matter

The following substances or groups of substances or matter are not listed in order of priority. They have been selected mainly on the basis of their toxicity, persistence and bioaccumulation characteristics.

This Annex does not apply to discharges which contain substances and matter listed below that are below the concentration limits defined jointly by the Contracting Parties, not exceeding environmental background concentrations.

  1. Organotin compounds.
  2. Organohalogen compounds, e.g. DDT, DDE, DDD, PCB’s.
  3. Persistent organophosphorus compounds.
  4. Mercury and mercury compounds.
  5. Cadmium and cadmium compounds.
  6. Persistent substances with proven toxic carcinogenic, teratogenic or mutagenic properties.
  7. Used lubricating oils.
  8. Persistent synthetic materials which may float, sink or remain in suspension.
  9. Radioactive substances and wastes, including used radioactive fuel.
  10. Lead and lead compounds.

Annex II

Noxious Substances

The following substances, compounds or matter have been selected mainly on the basis of criteria used in Annex I, while taking into account the fact that they are less harmful or more readily rendered harmless by natural processes.

The control and strict limitation of the dumping of the substances referred to in this Annex shall be implemented in accordance with Annex III of this Protocol.

  1. Biocides and their derivatives not covered in Annex I.
  2. Cyanides, fluorides, and elemental phosphorus.
  3. Pathogenic micro-organisms.
  4. Nonbiodegradable detergents and their surface-active substances.
  5. Alkaline and acid compounds.
  6. Substances which, though of a non-toxic nature, may become harmful to the marine biota owing to the quantities in which they are discharged e.g. inorganic phosphorus, nitrogen, organic matter and other nutrient compounds. Also substances which have an adverse effect on the oxygen content of the marine environment.
  7. The following elements and their compounds:
  8. Molybdenum

    Zinc Selenium Tin Vanadium
    Copper Arsenic Barium Cobalt  
    Nickel Antimony Beryllium Thallium  
    Chromium Boron Tellurium  
      Titanium Uranium Silver  
  9. Sewage Sludge

Annex III

The discharges of substances and matter listed in Annex II to this Protocol shall be subject to restrictions based on the following:

  1. Maximum permissible concentrations of the substances and matter immediate before the outlet;
  2. Maximum permissible quantity (load, inflow) of the substances and matter per annual cycle or shorter time limit;
  3. In case of differences between 1 and 2 above, the stricter restriction should apply.

When issuing a permit for the discharge of wastes containing substances and matter referred to in Annexes I and II to this Protocol, the national authorities will take particular account, as the case may be, of the following factors:

A. CHARACTERISTICS AND COMPOSITION OF THE WASTE

  1. Type and size of waste source (e.g. industrial process).
  2. Type of waste (origin, average composition).
  3. Form of waste (solid, liquid, sludge, slurry).
  4. Total amount (volume discharged. e.g. per year).
  5. Discharge pattern (continuous, intermittent, seasonally variable, etc.)
  6. Concentrations with respect to major constituents, substances listed in Annex I, substances listed in Annex II, and other harmful substances as appropriate.
  7. Physical, chemical and biological properties of the waste.

B. CHARACTERISTICS OF WASTE CONSTITUENTS WITH RESPECT TO THEIR HARMFULNESS

  1. Persistence (physical, chemical, biological) in the marine environment.
  2. Toxicity and other harmful effects.
  3. Accumulation in biological materials and sediments.
  4. Biochemical transformation producing harmful compounds.
  5. Adverse effects on the oxygen contents and balance.
  6. Susceptibility to physical, chemical and biochemical changes and interaction in the marine environment with other seawater constituents which may produce harmful biological or other effects on any of the uses listed in section E below.

C. CHARACTERISTICS OF DISCHARGE SITE AND RECEIVING MARINE ENVIRONMENT

  1. Hydrographic, meteorological, geological and topographic characteristics of the coastal area.
  2. Location and type of discharge (outfall, canal, outlet, etc.) and its relation to other areas (such as amenity areas, spawning, nursery and fishing areas, shellfish grounds) and other discharges.
  3. Initial dilution achieved at the point of discharge into the receiving marine environment.
  4. Dispersal characteristics such as the effect of currents, tides and winds on horizontal transport and vertical mixing.
  5. Receiving water characteristics with respect to physical, chemical, biological and ecological conditions in the discharge area.
  6. Capacity of the receiving marine environment to receive waste discharges without undesirable effects.

D. AVAILABILITY OF WASTE TECHNOLOGIES

The methods of waste reduction and discharge for industrial effluents as well as household sewage should be selected taking into account the availability and feasibility of:

  1. Alternative treatment processes;
  2. Recycling, re-use, or elimination methods;
  3. On-land disposal alternatives; and
  4. Appropriate clean and low-waste technologies.

E. POTENTIAL IMPAIRMENT OF MARINE ECOSYSTEMS AND SEA-WATER USES

  1. Effects on human life through pollution impact on:
    1. Edible marine organisms;
    2. Bathing waters;
    3. Aesthetics.

    Discharges of wastes containing substances and matter listed in Annexes I and II shall be subject to a system of self-monitoring and control by the competent national authorities.

  2. Effects on marine ecosystems, in particular living resources, endangered species, and critical habitats.
  3. Effects on other legitimate uses of the sea.

Declarations of the Contracing Parties

Strategic Action Plans (1996 and 2002)

Operational Documents

×
×
×

Search results:[coming soon]