Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping (1992)

Adopted at Bucharest on 21 April 1992

 

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 co-operate 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 or is

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.