MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMISSION ON THE PROTECTION OF THE BLACK SEA AGAINST POLLUTION (BSC) AND THE EUROPEAN ENVIRONMENT AGENCY (EEA)
The Commission on the Protection of the Black Sea Against Pollution
(hereinafter referred as “the Commission”)
and
the European Environment Agency
(hereinafter referred as “the Agency”)
RECOGNIZING that the Commission
a. was established in order to promote and coordinate common policies and regional actions under the 1992 Convention on the Protection of the Black Sea Against Pollution which was signed in Bucharest on 21 April 1992, including its Protocols (Bucharest 21 April 1992) on Protection of the Black Sea Marine Environment against Pollution from Land-Based Sources; on Co-operation in Combating Pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situations, on the Protection of the Black Sea Marine Environment against Pollution by Dumping and the Black Sea Biodiversity and Landscape Conservation Protocol (Sofia 14 June 2002);
b. has established the regional institutional and expert network under the Convention in monitoring and assessment of pollution; in pollution control from the land-based sources; in conservation of biological diversity, in environmental safety aspects of shipping, in environmental aspects of management of fisheries and other marine living resources, and in integrated costal zone management;
c. seeks, where appropriate, to cooperate with competent regional organisations and other competent international organisations and competent bodies;
RECOGNIZING that the Agency
a. was established by a Council Regulation (EEC) Number 1210/90 of 7 May 1990 amended by Council Regulation 933/1999 of 29 April 1999 of the European Community with the aim of producing objective, reliable and comparable information for the implementation and the further development of the European environment policy;
b. has established, in cooperation with the Member States, a European Environment Information and Observation Network, having as one of its elements, a network of European Topic Centres set up to carry out particular tasks identified in the Annual and Multi Annual Work Programmes;
c. seeks to cooperate with other relevant national, regional and global environmental programmes and institutions.
RECOGNIZING that both the Commission and the EEA are intergovernmental organisations which ensure the observance of the normal standards of public bodies in their work.
Have reached understanding on the following:
General
1. The aim of this Memorandum of Understanding (hereinafter referred to as “the Memorandum”) is to set up the cooperation between the Commission and the Agency on the basis of the principles of reciprocity and work sharing.2. Cooperation between the Commission and the Agency shall, inter alia, be focused on ensuring mutual compatibility of data, information and approaches to information provision and dissemination in the environmental field, based on their respective Work Programmes and avoiding duplication of efforts.
3. The principles of reciprocity and work sharing implies a free flow of mutually useful information and data between the two organisations that should not be paid for.
4. However, if the Commission or the EEA require assistance from the other organisation for the implementation of specific projects which are not included in the Work Programme of the other organisation, then the Commission or the EEA should be ready to award contracts for the implementation of such projects, following normal contractual agreements and procedures.
5. Cooperation between the Commission and the Agency at the strategic level shall be made with reference to the Commission’s annual work programmes of the Commission and its Advisory on the one hand and the Agency’s annual and multi-annual work programmes on the other hand. The Commission and the Agency will develop, approve and implement a Work Plan for the implementation of this Memorandum.
6. The working link between the Commission and the Agency will be handled at an appropriate level, complemented by review meetings between the Coordinator of the Commission and the Executive Director of the Agency, at a frequency established by them. The Executive Secretary of OSPAR, of HELCOM and of the Barcelona Convention UNEP-MAP Secretariats shall be invited to attend these meetings. Other relevant international organizations may be invited to attend these meetings.
Cooperation with European Topic Centres
7. Cooperation between the Commission and the European Topic Centres on Water (ETC/WTR), on Nature Protection and Biodiversity (ETC/NPB) and on Terrestrial Environment –including coastal zones- (ETC/TE) will be established within the ‘Inter-Regional Forum’ (IRF) operated under the responsibility of the ETC/WTR. Cooperation will focus on the following topics:
a. promotion of new methodologies for monitoring;
b. provision of data products and information;
c. harmonisation of reporting procedures and requirements;
d. review and use of assessment techniques and tools;
8. A representative of the Agency will be invited to participate in meetings of the Commission as well as representatives of the ETC/WTR, ETC/NPB and of the ETC/TE in the relevant meetings of the Advisory Groups.
9. Travel and accommodation expenses of one representative of the Commission participating the IRF conference or workshop will be reimbursed by the ETC/WTR.
10.Cooperation on specific topics will be established between the Commission and other European Topic Centres, for example, the European Topic Centre on Air and Climate Change and the European Topic Centre on Waste and Material Flows.
Assessment reports
11.The Commission will contribute to the establishment of European-wide assessment reports on marine environmental issues of the Agency, using work carried out within the framework of the Commission’s joint monitoring and assessment activities.
Disputes
12. If there is any dispute between the Commission and the Agency concerning the implementation of this memorandum, both sides shall endeavour to resolve it by agreement reached through consultation. If there is any difficulty in reaching such agreement, the Executive Directors of the Commission and the Agency may designate one person each who will than invite a suitable third person who is not employed by or an office holder in either the Commission or the Agency, to assist them on a honorary basis in considering the matter and making a recommendation for the resolution of the dispute.
The Memorandum of Understanding
13. This MoU may be amended by mutual agreement. Such amendment will come into force on the date such amendment is signed by the two parties.
14. Either party may terminate this MoU by giving six months notice to the other party.
15. This MoU will come into effect upon signature.
For the Black Sea Commission
For the EEA
Signature:
Signature:
Zaal Lomtadze
Chairman
Gordon McInnes
Deputy Executive Director
Date: September 2002
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