Protocol On The Protection Of The Black Sea Marine Environment Against Pollution By Dumping
Source: http://www.blacksea-commission.org/OfficialDocuments/Convention_iframe_m..., downloaded 20060526
Article 1
In accordance with Article X of the Convection, 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 or is about to occur.
A N N E X
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.
Annex 1
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 materials 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 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, fluorides, 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 phosphorus, nitrogen, organic matter and other nutrient compounds. Also substances which have an adverse effect on the oxygen content of 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
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, chemical oxygen demand, nutrients, productivity).
5. Bottom characteristics (e.g. topography, geochemical, geological and biological productivity).
6. Cases and effects of other dumping.
