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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Republic of Bulgaria.

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 least 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

Istanbul. The location of the headquarters may be changed by the

Contracting Parties by consensus.

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.

9. The privileges and immunities of the officials of the Secretariat

shall be determined by agreement among the Contracting Parties.

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.

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. Elaborate criteria pertaining to the prevention, reduction and

control of pollution of the marine environment of the Black Sea and to

the elimination of the effects of pollution, as well as recommendations

on measures to this effect.

5. Promote the adoption by the Contracting Parties of additional

measures needed to protect the marine environment of the Black Sea, and

to that end receive, process and disseminate to the Contracting Parties

relevant scientific,technical and statistical information and promote

scientific and technical research.

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.

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

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.

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.

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.

The Contracting Parties shall decide upon all financial matters on the

basis of unanimity, taking into account the recommendations of the

Commission.

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.

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.

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.

No reservations may be made to this Convention.

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.

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.

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.

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.

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.

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.