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
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
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
Realizing the need for close
cooperation with competent international organizations based on a concerted
regional approach for the protection and enhancement of the
Have agreed as follows:
1.
This Convention shall apply to
the
2.
For the purposes of this
Convention the reference to the
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.
2. a) “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.
b) “Aircraft” means airborne craft of any type.
3. a) “Dumping” means:
i) any deliberate disposal of wastes or other matter from vessels or aircraft;
ii) any deliberate disposal of vessels or aircraft;
b) “Dumping” does not include:
i) 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;
ii) 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.
4. “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.
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.
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.
1.
Each
Contracting Party shall ensure the application of the Convention in those areas
of the
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
2.
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
3.
The
Contracting Parties will cooperate in the ela
4.
The
Contracting Parties, when entering bilateral or multilateral agreements for the
protection and preservation of the marine environment of the
5.
The
Contracting Parties will cooperate in promoting, within international
organizations found to be competent by them, the ela
Article VI
Pollution by hazardous substances and
matter
Each Contracting Party shall prevent pollution of the marine
environment of the
Article VII
Pollution from land-based sources
The Contracting Parties shall prevent, reduce and control
pollution of the marine environment of the
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
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
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
The Contracting Parties shall
inform each other through the Commission of the laws, regulations and measures
adopted by them in this respect.
2.
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
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
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
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 ela
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
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
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
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
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
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.
4.
The Commission shall meet at
last once a year. The Chairman shall convene extraordinary meetings upon the
request of any Contracting Party.
5.
Decisions and recommendations
of the Commission shall be adopted unanimously by the Black Sea States.
6.
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.
The Commission and the Secretariat shall
have their headquarters in
7.
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.
8.
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.
10. The Commission shall have such
legal capacity as may be necessary for the exercise of its functions.
11. 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.
Ela
5.
Promote
the adoption by the Contracting Parties of additional measures needed to
protect the marine environment of the
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
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
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
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.
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 ela
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:
a)
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.
b)
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.
c)
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.
d)
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:
|
Zinc |
Selenium |
Tin |
Vanadium |
|||
|
Copper |
Arsenic |
Barium |
Cobalt |
|
||
|
Nickel |
Antimony |
Beryllium |
Thallium |
|
||
|
Chromium |
Molybdenum |
Boron |
Tellurium |
|
||
|
|
Titanium |
Uranium |
Silver |
|
||
8.
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:
a)
Alternative treatment
processes;
b)
Recycling, re-use, or
elimination methods;
c)
On-land disposal alternatives;
and
d)
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:
a)
Edible marine organisms;
b)
Bathing waters;
c)
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
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
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
Ela
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,
Bearing
in mind its 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”.
Noting
the draft Protocol to this effect ela
Decides
that priority shall be given to the ela
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 adopted the Convention on the
Protection of the Black Sea Against Pollution,
Taking into account that rivers tributary to the
Black Sea constitute a major source of pollution of the marine environment of
the Black Sea,
Mindful of the efforts of Danube
Countries for the preparation of agreement aimed at improving ecological
conditions in the Danube,
Recalling the 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,
Recalling further that under
international law all States, whether they are or not coastal States, have an
obligation to protect and preserve the marine environment,
Conscious of the need to take into
consideration the work to be undertaken by Danube States,
Decides that 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 ela
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 ela
·
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 adopted Conference on protection of
the Black Sea Against Pollution,
Bearing
in mind the
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.
Mindful of 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,
Decides to 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.