Convention on the Protection of the Black Sea Against Pollution

Convention on the Protection of the Black Sea Against Pollution in United States

Convention on the Protection of the Black Sea Against Pollution

The Contracting Parties,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Have agreed as follows:

Article I
Area of application

1. This Convention shall apply to the Black Sea proper with the southern
limit constituted for the purposes of this Convention by the line joining
Capes Kelagra and Dalyan.

2. For the purposes of this Convention the reference to the Black Sea
shall include the territorial sea and exclusive economic zone of each
Contracting Party in the Black Sea. However, any Protocol to this
Convention may provide otherwise for the purposes of that Protocol.

Article II
Definitions

For the purposes of this Convention:

1. “Pollution of the marine environment” means the introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to result in
such deleterious effects as harm to living resources and marine life,
hazard to human health, hindrance to marine activities, including fishing
and other legitimate uses of the sea, impairment of quality for use of
sea water and reduction of amenities.

2. a) “Vessel” means seaborne craft of any type. This expression
includes hydrofoil boats, air-cushion 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.

Article III
General provisions

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

Article IV
Sovereign immunity

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

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

Article V
General undertakings

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

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

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 Black Sea.

3. The Contracting Parties will cooperate in the elaboration of
additional Protocols and Annexes other than those attached to this
Convention, as necessary for its implementation.

4. The Contracting Parties, when entering bilateral or multilateral
agreements for the protection and preservation of the marine environment
of the Black Sea, shall endeavour to ensure that such agreements are
consistent with this Convention Copies of such agreements shall be
transmitted to the other Contracting Parties through the Commission as
defined in Article XVII of this Convention.

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

Article VI
Pollution by hazardous substances and matter

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

Article VII
Pollution from land-based sources

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

Article VIII
Pollution from vessels

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

Article IX
Cooperation in combating pollution in emergency situations

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

Article X
Pollution by dumping

1. The Contracting Parties shall take all appropriate measures and
cooperate in preventing, reducing and controlling pollution caused by
dumping in accordance with the Protocol on the Protection of the Black
Sea Marine Environment Against Pollution by Dumping which shall form an
integral part of this Convention.

2. The Contracting Parties shall not permit, within areas under their
respective jurisdiction, dumping by natural or juridical persons of
non-Black Sea States.

Article XI
Pollution from activities on the continental shelf

1. Each Contracting Party shall, as soon as possible, adopt laws and
regulations and take measures to prevent, reduce and control pollution of
the marine environment of the Black Sea caused by or connected with
activities on its continental shelf, including the exploration and
exploitation of the natural resources of the continental shelf.

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 Black Sea from or through the atmosphere,
applicable to the airspace above their territories and to vessels flying
their flag or vessels and aircraft registered in their territory.

Article XIII
Protection of the marine living resources

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

Article XIV
Pollution by hazardous wastes in transboundary movement

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

Article XV
Scientific and technical cooperation and monitoring

1. The Contracting Parties shall cooperate in conducting scientific
research aimed at protecting and preserving the marine environment of the
Black Sea and shall undertake, where appropriate, joint programmes of
scientific research, and exchange relevant scientific data and
information.

2. The Contracting Parties shall cooperate in conducting studies aimed
at developing ways and means for the assessment of the nature and extent
of pollution and of its effect on the ecological system in the water
column and sediments, detecting polluted areas, examining and assessing
risks and finding remedies, and in particular, they shall develop
alternative methods of treatment, disposal, elimination or utilization of
harmful substances.

3. The Contracting Parties shall cooperate through the Commission in
establishing appropriate scientific criteria for the formulation and
elaboration of rules, standards, and recommended practices and procedures
for the prevention, reduction and control of pollution of the marine
environment of the Black Sea.

4. The Contracting Parties shall, inter alia, establish through the
Commission and, where appropriate, in cooperation with international
organizations they consider to be competent, complementary or joint
monitoring programmes covering all sources of pollution and shall
establish a pollution monitoring system for the Black Sea including, as
appropriate, programmes at bilateral or multilateral level for observing,
measuring, evaluating and analyzing the risks or effects of pollution of
the marine environment of the Black Sea.

5. When the Contracting Parties have reasonable grounds for believing
that activities under their jurisdiction or control may cause substantial
pollution or significant and harmful changes to the marine environment of
the Black Sea, they shall, before commencing such activities, assess
their potential effects on the basis of all relevant information and
monitoring data and shall communicate the results of such assessments to
the Commission.

6. The Contracting Parties shall co-operate as appropriate, in the
development, acquisition and introduction of clean and low-waste
technology, inter alia, by adopting measures to facilitate the exchange
of such technology.

7. Each Contracting Party shall designate the competent national
authority responsible for scientific activities and monitoring.

Article XVI
Responsibility and liability

1. The Contracting Parties are responsible for the fulfillment of their
international obligations concerning the protection and the preservation
of the marine environment of the Black Sea.

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

3. The Contracting Parties shall ensure that recourse is available in
accordance with their legal systems for prompt and adequate compensation
or other relief for damage caused by pollution of the marine environment
of the Black Sea by natural or juridical persons under their
jurisdiction.

4. The Contracting Parties shall cooperate in developing and harmonizing
their laws, regulations and procedures relating to liability, assessment
of and compensation for damage caused by pollution of the marine
environment of the Black Sea, in order to ensure the highest degree of
deterrence and protection for the Black Sea as a whole.

Article XVII
The Commission

1. In order to achieve the purposes of this Convention, the Contracting
Parties shall establish a Commission on the Protection of the Black Sea
Against Pollution, hereinafter referred to as “the Commission”.

2. Each Contracting Party shall be represente extraordinary circumstances.

2. The primary function of the meetings of the Contracting Parties shall
be the review of the implementation of this Convention and of the
Protocols upon the report of the Commission.

3. A non-Black Sea State which accedes to this Convention may attend the
meetings of the Contracting Parties in an advisory capacity.

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

1. Any Contracting Party may propose amendments to the articles of this
Convention.

2. Any Contracting Party to this Convention may propose amendments to
any Protocol.

3. Any such proposed amendment shall be transmitted to the depositary
and communicated by it through diplomatic channels to all the Contracting
Parties and to the Commission.

4. Amendments to this Convention and to any Protocol shall be adopted by
consensus at a Diplomatic Conference of the Contracting Parties to be
convened within 90 days after the circulation of the proposed amendment
by the depositary.

5. The amendments shall enter into force 30 days after the depositary
has received notifications of acceptance of these amendments from all
Contracting Parties.

Article XXI
Annexes and amendments to Annexes

1. Annexes to this Convention 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 a 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 Protocols shall be done in
accordance with procedures contained, respectively, in Articles XXVIII,
XXIX, and XXX of this Convention.

Article XXVII
Reservations

No reservations may be made to this Convention.

Article XXVIII
Signature, ratification, acceptance, approval and accession

1. This Convention shall be open for signature by the Black Sea States.

2. This Convention shall be subject to ratification, acceptance or
approval by the States which have signed it.

3. This Convention shall be open for accession by any non-Black Sea
State interested in achieving the aims of this Convention and
contributing substantially to the protection and preservation of the
marine environment of the Black Sea provided the said State has been
invited by all Contracting Parties. Procedures with regard to the
invitation for accession will be dealt with by the depositary.

4. The instruments of ratification, acceptance, approval or accession
shall be deposited with the depositary. The depositary of this
Convention shall be the Government of Romania.

Article XXIX
Entry into force

This Convention shall enter into force 60 days after the date of deposit
with the depositary of the fourth instrument of ratification, acceptance
or approval. For a State acceding to this Convention in accordance with
Article XXVIII, the Convention shall enter into force 60 days after the
deposit of its instrument of accession.

Article XXX
Denounciation

After the expiry of five years from the date of entry into force of this
Convention, any Contracting Party may, by written notification addressed
to the depositary, denounce this Convention. The denounciation shall
take effect o 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.

Annex

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.

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.

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

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

Article 5

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

Article 6

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

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

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

The Contracting Parties shall take into consideration the following:

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 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, flourides, 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 phosphorous, nitrogen, organic matter
and other nutrient compounds. Also substances which have an
adverse effect on the oxygen content in 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

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.

ANNEX
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.

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

Article 1

In accordance with Article X of the Convention, 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 oris about to occur.

Annex I
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 matter 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

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 or 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

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, nutrients, productivity).
5. Bottom characteristics (e.g. topography, geochemical, geological and
biological productivity).
6. Cases and effects of other dumping.

C. GENERAL CONSIDERATIONS

1. Possible effects on amenities (e.g. floating or stranded matter,
water turbidity, objectionable odour, discoloration, and foaming).

2. Possible effects on marine life, fish stocks, mari-cultures areas,
traditional fishing grounds, seaweed harvesting and cultivation sites.

3. Possible effects on other uses of the sea (e.g. impairment of water
quality for industrial use, underwater corrosion of structures,
interference with vessel operations or fishing due to floating matter or
through deposit of wastes or objects on the sea bed, and difficulties in
protecting areas of special interest for scientific research or
protection of nature).

4. Practical availability of alternative land disposal methods.


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