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