Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situations, Bucharest, 1992 Done at Bucharest 22 April 1992 Not in force Primary source citation: Copy of text provided by the 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 combating 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 occurence 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, Bucharest, 1992 Done at Bucharest 22 April 1992 Not in force Primary source citation: Copy of text provided by the 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 I 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. zone; 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 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 or is about to occur. |