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
·
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
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:
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.
For
the purposes of this Protocol:
a)
Convention means
the Convention on the Protection of the Black Sea Against Pollution (
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
·
The
·
The coastal zone designated by each
Contracting Party, including wetlands.
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;
4. The
Contracting Parties shall adopt a list of landscapes and habitats of the
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 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.
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.
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
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
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
Article 13
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
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
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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
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.
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.
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
2.
Cystoseira
crinita**
3.
Dictyota
dichotoma*
4.
Phyllophora
brodiaei **
5.
Phyllophora
nervosa, key species of the Phyllophora biocoenosis, commercial species**
6.
Phyllophora
pseudoceranoides **
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*