International and regional frameworks for cooperation to improve the safety of navigation and environmental security in the Black

Sea Basin

The Bucharest Convention

Prof Ahmet E. KIDEYS Executive Director Permanent Secretariat Black Sea Commission

International Expert Conference on The Safety of Navigation and Environmental Security in a Transboundary Context in the Black Sea Basin Odesa, Ukraine, 24-26 June 2008

The Convention on the Protection of the Black Sea Against Pollution

www.blacksea-commission.org

The Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention) with its (three) integral protocols is the basic framework of agreement between the coastal Black Sea countries for marine and coastal environment of the Black Sea
1. Protocol on the Protection of the Black Sea Marine Environment against Pollution from Land Based Sources 2. Protocol on Cooperation in combating pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances (Emergency Protocol) 3. Protocol on the Protection of the Marine Environment Against Pollution by Dumping

Signed in April 1992 in Bucharest, Romania

The Convention on the Protection of the Black Sea Against Pollution and the three protocols

Ratified:14-Apr-1994 Entry into force: 14-Apr-1994

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Ratified: 10-Nov-1993 Entry into force: 15-Jan-1994

Ratified:16-Nov-1993 Entry into force: 15-Jan-1994

Ratified: 23-Feb-1993 Entry into force: 15-Jan-1994 Ratified: 01-Sep-1993 Entry into force: 15-Jan 1994 Ratified: 29-Mar-1994 Entry into force: 29-Mar-1994

4th Biodiversity and Landscape protocol

Signed: 14-Jun-2002 Ratified: 22-Feb-2007

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Signed: 14-Jun-2002 Ratified:

Signed: 14-Jun-2002 Ratified:

Signed: 14-Jun-2002 Ratified: 19-Aug-2004

BLACK SEA CONTINGENCY PLAN (VOLUME I: RESPONSE TO OIL SPILLS)

TO THE PROTOCOL ON COOPERATION IN COMBATING POLLUTION OF THE BLACK SEA BY OIL AND OTHER HARMFUL SUBSTANCES IN EMERGENCY SITUATIONS
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Signed: 29-Oct-2003

Signed: 29-Oct-2003

Signed: 29-Oct-2003

The Commission on the Protection of the Black Sea Against Pollution

Overview of Legal and Policy Framework
www.blacksea-commission.org

Legal framework
The Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention) Protocols to the Convention

Policy / Planning documents

SAP 1996 (Strategic Action Plan
for the Rehabilitation and Protection of the Black Sea)

Operative documents
Contingency Plan

Specific project or activity documents Memoranda of Understanding

BSAP 2008

Black Sea Commission

www.blacksea-commission.org

Intergovernmental body for promoting the implementation of the Convention The regional focal point for any environmental aspects of the coastal and marine environment of the Black Sea

Made up of 6 Commissioners (one for each coastal country) and a chairman Chairmanship for one year and rotates between coastal countries Existing chairman is Mr Volodymyr O. Bevza, Deputy Minister of Environmental Protection, Ukraine

Black Sea Commission

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Political change

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Two of the contracting parties to the Black Sea Commission are now members of the EU This presents new challenges and opportunities for the BSC as well as for the EC (that has an observer status in the BSC) EU is an important partner of the Black Sea Commission, and provides substantial contribution to the protection of Black Sea through the countries as well as through the BSC EU expressed its intention to be a member to the Convention to contribute further to its aims Convention amendment ?

Meeting of Contracting Parties, 2008

Signing of Biodiversity Protocol and Contingency Plan (by countries not having signed) is on the Agenda of this meeting
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Revision of the two major legal texts of the Convention

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1)Protocol for the Protection of the Black Sea Against Pollution from Land-Based Sources and Activities 2) SAP 2008

Needs and future priorities

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1) Regional co-operation towards oil pollution prevention, preparedness and response 2) Transfer of invasive species with the ballast waters 3) Development and implementation of a Black Sea strategy for port reception facilities for ship-generated wastes 4) Ship surveillance and monitoring for oil spill detection and prevention (and for improving navigation safety)

5) Development of Guidelines for the Use of Dispersants 6) Development of Contingency Plan, Volume 2: Response to Harmful Substances Other Than Oil

Dispersant

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Is a substance applied to spilled oil that disperses oil into the water column, rather than leaving it floating on the surface in a slick

Use of Dispersants (Contingency Plan Volume 1, Para 4.5)

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Each Contracting Party shall define its policy regarding the use of dispersants in combating oil pollution and describe it in its NCP. For this purpose the Contracting Parties shall follow the "Guidelines for the use of dispersants". Each Contracting Party shall inform other Contracting Parties on its policy regarding the use of dispersants. The information shall include at least the list of dispersants approved for use in territorial waters of the Contracting Party and zones where the use of dispersants is allowed, restricted or prohibited.

State of the art information from the BS countries:

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BG: Scientific opinion would be needed on the use of dispersants GE- Waits for regionally agreed guidelines. RO: For the region Common methodologies/guidelines are needed. TU: Dispersant policy is being developed. UA: no special policy RU: Most advanced, there is well developed policy on Dispersants.

Use of Dispersants

www.blacksea-commission.org

This will be discussed during the next ESAS meeting BCS/PS is cooperating with European Marine Safety Agency (EMSA) on this issue More effort is needed

Contingency Plan, Volume 2: Response to Harmful Substances Other Than Oil [to be developed]
www.blacksea-commission.org

Item 11 of Ministerial Declaration on the Protection of the Black Sea (Odessa Declaration) 1993 the Ministers responsible for the protection of the marine environment of the Black Sea coastal states expressed their commitment to develop national and regional contingency plans in accordance with the requirements identified by the Convention on the Protection of the Black Sea against pollution in emergency situations". Emergency Protocol, 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.

Contingency Plan, Volume 2: Response to Harmful Substances Other Than Oil [to be developed]
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A feasibility study to assess the scale of problem is needed

www.blacksea-commission.org

Thank you for your attention

The Convention on the Protection of the Black Sea Against Pollution

www.blacksea-commission.org

Objective
To prevent, reduce and control the pollution of the marine environment from:
Article VI: Article VII: Article VIII: Article IX: Article X: Article XI: Article XII: Article XIII: Article XIV: Pollution by hazardous substances and matter Pollution from land-based sources Pollution from vessels Cooperation in combating pollution in emergency situations Pollution by dumping Pollution from activities on the continental shelf Pollution from or through the atmosphere Protection of the marine living resources Pollution by hazardous wastes in transboundary movement

One of the Changes suggested

Study to determine the possibility of EU accession to the Convention currently being carried out: Main issues: 1. Allowing entities other than National Governments to join the Convention 3. Fisheries 4. Cimate 5. Complience 6. Enforcement
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Insert a provision concerning arbitral resolution of disputes, should peaceful means be exhausted. This may be done by adopting an Annex, where the rules of procedure of arbitration shall be outlined in detail

Suggestions for: 7 Formal and procedural changes 10 Substantive changes 5 Changes related to protocols and scope

Dispute Settlement

The Convention on the Protection of the Black Sea Against Pollution

Regional Complience Mechanism -Country Reporting to the Commission, -Black Sea Integrated Monitoring and Assessment Programme (BSIMAP), -Black Sea Information System (BSIS) BSIMAP BSIS
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Annexes of the Contingency Plan

Annex 1: Contacts www.blacksea-commission.org Annex 2: Sensitivity areas Annex 3: Communication Annex 4: Inventory (including info on dispersant application systems and treatment products) Annex 5: National Contingency Plans (some include information on the use of dispersants (policy)) Annex 6: Guidelines for oil spill reporting Annex 7: Pollution Reporting System (POLREP) Annex 8: Claims manual (ready, needs updating)