1. The purpose of this Protocol is to maintain the Black Sea ecosystem in the good ecological state and its landscape in the favourable conditions, to protect, to preserve and to sustainably manage the biological and landscape diversity of the Black Sea in order to enrich the biological resources.

2. In conjunction with provisions of the Convention on the Protection of the Black Sea against Pollution and other Protocols to this Convention, the Protocol is intended to serve as a legal instrument for developing, harmonising and enforcing necessary environmental policies, strategies and measures in preserving, protecting and sustainably managing nature, historical, cultural and aesthetic resources and heritage of the Black Sea states for present and future generations.

For the purposes of this Protocol:

a) Convention means the Convention on the Protection of the Black Sea Against Pollution (21 April 1992, Bucharest, Romania)

b) Contracting Parties means the Contracting Parties to this Protocol

c) Commission means the Commission on the Protection of the Black Sea Against Pollution

d) Biological diversity means variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems as defined by Article 2 of the Convention on Biological Diversity.

e) Landscape means an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors as defined in the Chapter I, the article 1 of  European Landscape Convention (October 20, 2000, Florence, Italy)

f)   Landscape Diversity means the formal expression of the numerous relations existing in a given period between the individual or the society and a topographically defined territory, the appearance of which is the result of the action, over time, of natural and human factors and a combination of both.

The area to which this Protocol applies shall be the area of the Black Sea to the north of capes Kalagra and Dalyan, the waters, sea bed, subsoil up to the fresh water limits. It also includes:

·  The Sea of Azov as a part of the Black Sea Basin highly important for the biodiversity and landscape conservation;

·  The coastal zone designated by each Contracting Party, including wetlands.

 1.   Each Contracting Party shall take all necessary measures to:

a)   protect, preserve, improve and manage in a sustainable and environmentally sound way areas of particular biological or landscape value, notably by the establishment of protected areas according to the procedure in Annex 1

b)   ensure that species occurring in the area to which this Protocol applies are maintained at favourable conservation  status and habitats close to undisturbed;

c)   ensure that species of economic importance, especially living marine resources, are used sustainably;

d)   restore and rehabilitate damaged areas of previously high biodiversity and landscape value;

e)   restore and maintain in good conditions the landscape of high nature, historical, cultural and aesthetic value;

2. The Contracting Parties shall identify and compile inventories of the components of biological and landscape diversity in the area to which this Protocol applies and identify those components important for their conservation and sustainable use within three years of this Protocol coming into force.

3. The Contracting Parties shall adopt a List of Species of Black Sea Importance That May Be Threatened, or Important by Reason of Their Role in Ecosystem Functioning or Other Significance for the Region preferably within three years of this Protocol coming into force Such a list will form Annex II to this Protocol and will be subject to special measures as described in Annex III.

4.   The Contracting Parties shall adopt a list of landscapes and habitats of the Black Sea importance that may be destroyed, or important by their nature, cultural or historical value that constitute the natural, historical and cultural heritage or present other significance for the Black Sea region preferably within three years of this Protocol coming into force.

5.  The Contracting Parties shall act, directly or in co-operation with competent international organisations and in consistency with other Protocols to this Convention, in the conservation and sustainable use of biological and landscape diversity.

6. The Contracting Parties shall produce and commonly agree on the Strategic Action Plan for the Black Sea Biodiversity and Landscape Conservation Protocol within three years of the Protocol coming into force which shall be reviewed every five years

7. On the basis of the Strategic Action Plan for the Black Sea Biodiversity and Landscape Conservation Protocol, the Contracting Parties shall adopt strategies, national plans and/or programmes for the conservation of biological and landscape diversity and the sustainable use of marine and coastal biological and landscape resources and shall integrate them into their national sectoral and intersectoral policies.

1. The Contracting Parties shall take all appropriate measures to regulate an intentional introduction and prevent an accidental introduction of non-indigenous species or genetically modified organisms to the wild flora and fauna and prohibit those that may have harmful impacts on the ecosystems, habitats or species in the area to which this Protocol applies.

2. The Contracting Parties shall endeavour to implement all appropriate measures to eradicate or reduce to an possible level species that have already been introduced when it appears that such species cause or are potentially causing damage to ecosystems, landscapes, habitats or species in the area to which this Protocol applies.

In the planning process leading to decisions on projects and activities that could significantly affect species and their habitats, protected areas, particularly sensitive marine areas, and landscapes the Contracting Parties shall evaluate and take into consideration the possible direct or indirect, immediate or long term impact, including the cumulative impact of the projects and activities being contemplated according criteria and objectives to be regionally developed and agreed pursuant to the Convention and international experience in this matter, e.g. the Convention on Environmental Impact Assessment in a Transboundary Context (February 25, 1991, Espoo, Finland).

 The Contracting Parties shall encourage introduction of intersectoral interaction on regional and national levels through the introduction of the principles and development of legal instrument of integrated coastal zone management seeking the ways for sustainable use of natural resources and promotion of environmentally friendly human activities in the coastal zone.

1. In implementing this Protocol, the Contracting Parties shall take into account the traditional subsistence and cultural activities of local communities.  They may grant exemptions from protection and conservation measures, as necessary, and where appropriate, to meet such needs. No exemption which is allowed for this reason shall:

a) endanger either maintenance of landscapes of high aesthetic value or the ecosystems protected under this Protocol or the biological processes contributing to the maintenance of those ecosystems;

b)   cause a substantial reduction in the number of individuals making up the populations of species of flora and fauna, in particular threatened, migratory or endemic species, destruction of their habitats or landscapes, especially ones of regional importance;

c)   cause an irreversible damage of the landscapes constituting the nature, cultural, historical, or aesthetic heritage of the Black Sea importance.

2. A Contracting Party which grants exemptions from the protection measures shall inform the other Contracting Parties accordingly, within one month period.

1. The Contracting Parties shall endeavour to inform the public of the value of protected areas, species and landscapes and shall give appropriate publicity to the establishment of these areas and regulations relating thereto.

2. The Contracting Parties shall also endeavour to promote the participation of all stakeholders including their public in measures that are necessary for the protection of the areas, species and landscapes concerned, including environmental impact assessments.

3.   The Contracting Parties shall endeavour to provide information on this Protocol and related matters through appropriate education and public awareness programmes.

1. The Contracting Parties shall co-operate in conducting scientific research aimed at protecting and preserving the biological and landscape diversity of the Black Sea and shall undertake, where appropriate, joint programmes and projects of scientific research, and exchange relevant scientific data and information as provisioned in the Article XV of the Convention.

2. The subsidiary bodies of the Commission (the Advisory Group on the Conservation of Biological Diversity and the Advisory Group on the Development of Common Methodology for Integrated Coastal Zone Management) in co-operation with the competent national authorities of the Black Sea coastal states shall be responsible for scientific activities and monitoring and assessment  in the field of the biological and landscape diversity, delegating the co-ordination of their work to the appropriate activity centres (Batumi, Georgia and Krasnodar, the Russian Federation). 

3. The Contracting Parties will invite intergovernmental organisations to co-operate with the Contracting Parties and/or the Commission by preparing and implementing specific programmes and projects, with a view to fulfilling the objectives of the Protocol.

1. The Contracting Parties are responsible for the fulfilment of their international obligations concerning the protection and conservation of the biological and landscape diversity 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 biological and landscape diversity 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 facilitate any legal action or procedure in accordance with their legal systems aiming at prompt and adequate compensation or other relief for damage caused by pollution or human activities to the biological and landscape diversity of the Black Sea by natural or juridical persons under their jurisdiction.

4.   The Contracting Parties shall co-operate in developing and harmonising their laws, regulations and procedures relating to liability, assessment of and compensation for damage caused by human activities and/or pollution of the marine environment of the Black Sea, in order to ensure the highest degree of deterrence and protection for the biological and landscape diversity of the Black Sea as a whole.

       Each Contracting Party shall provide, in accordance with its capabilities, financial support and incentives of those national/regional activities which are intended to achieve the objectives of this Protocol, in accordance with their national plans, priorities and programs. 

1. The Commission and its Permanent Secretariat shall promote the implementation of this Protocol, inform the Contracting Parties of its work and make recommendations on measures necessary for achieving the aims of this Protocol according to the procedures established by Article XVII, XVIII, XIX of the Convention.

2.   The Commission shall report on the state of the biological and landscape diversity and efficacy of undertaken measures to preserve and manage it to the Meeting of the Contracting Parties on five years basis in a jointly agreed reporting format.

Adoption of any amendments to the articles and amendments to the annexes of the Protocol shall be made according to the procedures established by the Articles XX and XXI of the Convention.

1. Nothing in this Protocol nor any act adopted on the basis of this Protocol shall prejudice the rights and the interests of any state in full compliance with the international law, in particular, the nature and extent of marine areas, the delimitation of marine areas between States, with opposite or adjacent coasts, freedom of navigation on the high seas, the right and modalities of passage through straits used for international navigation, as well as the nature and extent of the jurisdiction of the Coastal State, the Flag State and the Port State.

2. No act or activity undertaken on the basis of the Protocol shall constitute grounds for claiming, contending or disputing any claims to national sovereignty, sovereign rights or  jurisdiction. 

3.   Each Contracting Party shall apply the measures provided for in this Protocol without prejudice to the sovereignty, sovereign rights or the jurisdiction of other Contracting Parties or other States.  Any measures taken by a Contracting Party to enforce these measures shall be in accordance with international law.

Article 16

 The adoption, signature, ratification, acceptance, approval, accession, entry into force and denunciation of the Protocol shall be done by in accordance with the procedures contained respectively in Articles XXVI, XXVIII, XXIX, XXX of the Convention.

Article 17

No reservation may be made to this Protocol.

Article 18

The depository of this Protocol shall be the Government of Romania. 

Done on the fourteenth day of the month of June of two thousand and two, in Sofia, Bulgaria in a single copy, in English, which shall be deposited with the depository.  The depository shall send certified copies to all Contracting Parties.

Article 1

1.   The objective of protected areas is to safeguard:

a) representative types of coastal and marine ecosystems, wetlands and landscapes of adequate size to ensure their long-term viability and to maintain their unique biological and landscape diversity

b) habitats, biocoenoses, ecosystems or landscapes which are in danger of disappearing in their natural area of distribution or distraction in the Black Sea or which have a reduced natural area of distribution or aesthetic values

c) habitats critical to the survival, reproduction and recovery of threatened species of flora or fauna

d) sites of particular importance because of their scientific, aesthetic, landscape, cultural or educational value

Article 2

1. The Contracting Parties shall produce criteria/guidelines for identifying areas that meet the objective outlined in the Article1 Annex I within two years of this Protocol  coming into force.

2. The Contracting Parties shall compile a list of sites that meet their criteria/guidelines within three years of this Protocol coming into force.

3.   Each Contracting Party shall endeavour to establish protected areas on the basis of risk    assessment, vulnerability and priority using the list in Annex 1, 2.2.

4.  Where such proposed protected areas fall within the boundaries of more than one Party, the competent authorities of the two or more Parties shall co-operate on the measures to be taken.

Article 3

1.   In accordance with their national legal system, the Contracting Parties shall take all necessary measures to ensure the integrity, sustainability and development of protected areas, namely:

a) the strengthening of the application of the other Protocols to the Convention and of other relevant treaties to which they are Contracting Parties

b) the prohibition of the dumping or discharge of wastes and other substances likely directly or indirectly to impair the integrity of the protected area or species

c) the regulation of the passage of ships, any stopping or anchoring

d) the regulation or prohibition of the introduction of alien species, or of genetically modified species

e) the regulation or prohibition of any activity involving the exploration or modification of the soil or the exploration of the subsoil of the land part, the seabed or its subsoil

f) the regulations of any scientific research activity

g) the regulation or prohibition of fishing, hunting, taking of animals and harvesting of plants or their destruction, as well as trade in animals (or parts thereof) and plants (or parts thereof) which originate in protected areas

h) the regulation, and if necessary the prohibition, of any other activity or act likely to harm or disturb species or ecosystems, or that might impair the natural or cultural characteristics of the protected area

i) any other measure aimed at safeguarding ecological and biological processes and the landscapes

j) to this end, the Contracting Parties shall provide appropriate legislation to protect and enforce protection of protected areas.

Article 4

1.  Within their national environmental legislation and policies, the Contracting Parties shall take all necessary steps for harmonisation of environmental protection measures in protected areas, including management of transboundary protected areas, co-ordinated research and monitoring programs in the Black Sea basin. 

2.  Such measures should include for each protected area:

a)  the development and adoption of a management plan to a standard format

b) a comprehensive integrated regional monitoring programme

c) the active involvement of local communities in both planning and implementation, including assistance to local inhabitants who might be affected by the establishment of such areas

d) adoption of appropriate financial mechanisms

e) the regulation of activities including the issuing of permits

f) training of staff as well as the development of appropriate infrastructure.

3.  The Contracting Parties shall ensure that national contingency plans incorporate measures for responding to incidents that could cause damage or constitute a threat to the protected area.

4.  When protected areas or landscapes covering both land and marine areas have been established, the Contracting Parties shall endeavour to ensure the co-ordination of the administration and management of the specially protected area as a whole.

ALGAE

1.   Cystoseira barbata **

2.   Cystoseira crinita**

3.   Dictyota dichotoma*

4.   Phyllophora brodiaei ** 

5.   Phyllophora nervosa, key species of the Phyllophora biocoenosis, commercial species**

6.   Phyllophora pseudoceranoides **

PLANTS

7.   Salvinia natans **

8.   Trapa natans **

9.   Zostera marina*

10. Zostera noltii *

ANIMALS

Spongia

11. Lissodendoryx variisclera *

12. Suberites prototipus *

Polychaeta

13. Eteone siphonodonta*

14. Hesionides arenarius **

15. Nainereis laevigata*

16. Ophelia bicornis ** 

17. Phyllodoce nana*

Crustacea

18. Anomalocera patersoni **

19. Apseudopsis ostroumovi*

20. Biancolina cuniculus**

21. Branchinecta orientalis *

22. Branchinectella spinosa **

23. Branchmectella media *

24. Callianassa pontica **

25. Callianassa truncata **

26. Caprella acanthifera

27. Carcinus mediterraneus*

28. Eriphia verrucosa  **

29. Hemimysis anomala **

30. Hemimysis serrata **

31. Homarus vulgaris *

32. Iphigenella acanthopoda *

33. Iphigenella andrussovi *

34. Iphigenella shablensis *

35. Katamysis warpachowskyi *

36. Labidocera brunescens **

37. Macropipus arcuatus **

38. Pilumnus hirtellus **

39. Pontella mediterranea **

40. Potamon tauricum *

41. Processa pontica *

42. Smirnoviella reducta *

43. Tanymastix stagnalis *

44. Upogebia pusilla **

45. Xantho poressa **

Insecta

46. Calopteryx splendens balcanica **

47. Calopteryx splendens taurica **

48. Calopteryx virgo meridionalis **

Halacaridae

49. Halacarellus procerus **

Mollusca

50. Bela nebula *

51. Cyclope donovani  *

52. Donacilla cornea **

53. Halichondria panicea*

54. Melaraphe neritoides **

55. Ostrea edulis **

56. Pachygrapsus marmoratus*

57. Patella tarentina **

58. Solen vagina **

Echinodermata

59. Echinocyamus pusillus *

60. Marthasterias glacialis *

Acrania

61. Amphioxus lanceolatum *

Pisces

62. Acipenser guldenstaedti **

63. Acipenser guldenstaedti colchicus V. Marti **

64. Acipenser nudiventris **

65. Acipenser ruthenus **

66. Acipenser stellatus**

67. Acipenser sturio *

68. Aidablennius sphinx **

69. Aphia minuta **

70. Balistes carolinensis  *

71. Belone belone euxini**

72. Callionymus belenus **

73. Dicentrarchus labrax**

74. Diplodus annularis*

75. Hippocampus guttulatus microstephanus **

76. Hucho hucho hucho *

77. Huso huso ** 

78. Knipowitschia longicaudata **

79. Lipophrys pavo **

80. Liza ramada*

81. Lophius piscatorius  *

82. Mesogobius batrachocephalus*

83. Mullus barbatus ponticus*

84. Nerophis ophidion*

85.  Pomatomus saltator **

86. Pomatoschistus caucasicus**

87. Salmo trutta labrax **

88. Sarda sarda **

89. Scomber scombrus **

90. Scorpena porcus

91. Serranus cabrilla**

92. Serranus scriba*

93. Sphyraena sphyraena *

94. Spicara smaris*

95. Syngnatus tenuirostris*

96. Syngnatus typhle *

97. Thunnus thynnus **

98. Trigla lucerna*

99. Xiphias gladius *

Aves

100.  Asio flammeus*

101.  Calonectris diomedea**

102. Ciconia nigra **

103. Gelochelidon nilotica*

104. Haliaeetus albicilla **

105. Himantopus himantopus*

106. Numenius tenuirostris*

107. Pandion haliaetus **

108. Panurus biarmicus*

109. Pelecanus crispus **

110. Pelecanus onocrotalus **

111. Phalacrocorax aristotelis **

112. Halietor (Phalacrocorax) pygmeus *

113. Phenicopterus rubber *

114. Platalea leucorodia **

115. Plegadis falcinellus **

116.  Puffinus puffinus yelkouan*

117.  Recurvirostra avosetta*

118. Branta ruficollis **

119. Somateria mollissima *

120. Sturnus roseus *

121. Tadorna ferruginea ** 

Mammalia

122. Delphinus delphis **

123. Lutra lutra *

124. Monachus monachus **

125. Phocoena phocoena **

126. Tursiops truncatus **

Notes: *   Rare species

           ** Endangered species

Article 1

1 The Contracting Parties shall manage species of flora and fauna with the aim of maintaining them at favourable conservation status.

2 The Contracting Parties shall compile lists of threatened species of flora and fauna and species critical to ecosystem functioning and accord protected status to such species within three years of the coming into force of this Protocol. 

3 The Contracting Parties shall regulate, and where appropriate, prohibit activities having adverse effects on such species or their habitats and carry out management, planning and other measures to ensure favourable conservation status for such species.

4 With respect to protected species of fauna, the Contracting Parties shall control and where appropriate prohibit:

a)    the taking, possession or killing, the commercial trade, the transport and the exhibition for commercial purposes of these species, their eggs, parts or products

b)   the disturbance of wild fauna, particularly during breeding, hibernation or migration, as well as other periods of biological stress.

5 The Contracting Parties shall co-ordinate their efforts through bilateral or multilateral action including, if necessary, through agreements for the protection and recovery of migratory species whose range extends into the area to which this Protocol applies.

6 With respect to protected species of flora and their parts and products, the Contracting Parties shall regulate and where appropriate prohibit all forms of destruction and disturbance, including the picking, collecting, cutting, uprooting, possession of, commercial trade in or transport and exhibition for commercial purposes of such species.

7 The Contracting Parties shall endeavour, directly or through the Advisory Group on the Conservation of Biodiversity in the Black Sea, to consult with range states that are not Contracting Parties to the Protocol, with a view to co-ordinating their efforts to manage and protect species on Annex 2.

Article 2

1.   The Contracting Parties shall adopt co-operative measures to ensure the protection, conservation and improvement of the flora and fauna listed in Annex 2 to this Protocol relating to the list of threatened species.  The list shall be revised shall be every five years and within three years of this Protocol coming into force.

2. The Contracting Parties shall ensure the maximum possible protection and recovery of the species of flora and fauna listed in Annex 2 by adopting at the national level the measures provided for in Annex 3, Articles 4 and 6 of this Protocol.

3. The Contracting Parties shall prohibit the destruction of and damage to the habitats of species listed in Annex 2, and shall formulate and implement action plans for their conservation or recovery.

4. When the habitats of a threatened species extends to both sides of a national frontier or of the limit that separate the territories or the areas subject to the sovereignty or the national jurisdiction of the Contracting Parties to the Protocol, these Contracting Parties shall co-operate with a view to ensuring the protection and conservation, and, if necessary, the recovery of such species.

5. Provided that no other satisfactory solutions are available and that the exemption does not harm the survival of the population or of any other species, Contracting the Parties may grant exemptions to the prohibitions prescribed for the protection of the species listed in Annex 2 to this Protocol for scientific, educational or management purposes necessary to ensure the survival of the species or to prevent significant damage. Such exemptions shall be notified to the Contracting Parties.

Article 3

1. The Contracting Parties shall adopt a list of Species Whose Exploitation Should Be Regulated in order to ensure that the use of these components of biodiversity is sustainable. This list shall comprise Annex 4 of this Protocol within three years of this Protocol coming into force and shall be revised on five years basis.

2. The Contracting Parties, in co-operation with competent international organizations, shall take all appropriate measures to ensure the conservation of the species listed in Annex 4 relating to the List of Species Whose Exploitation Should Be Regulated while at the same time regulating and authorising the exploitation of these species so as to ensure and maintain favourable conservation status.

3. For those species which are not in a favourable conservation status, the Contracting Parties shall agree and put in place recovery plans.

PISCES

Acipenser guldenstaedti colchicus Brand
Acipenser nudiventris (Şip)
Acipenser ruthenus
Acipenser stellatus (Sivrişka)
Acipenser sturio
Alosa immaculata
Alosa tanaica
Atherina pontica
Belone belone euxini Guenther
Dasyatis pastinaca L.
Engraulis encrasicolus  ponticus
Engraulis encrasicolus maeobiens Azov Sea race
Gobiidae
Huso huso
Lisa saliens
Liza aurata (Risso)
Merlangius merlangus euxinus (Nordmann)
Mugil cephalus L.
Mugil so-iuy Basilewsky
Mullus barbatus ponticus Essipov
Mytilus galloprovincialis
Pomatomus saltatrix
Psetta (maxima) maeotica (Pallas)
Raja  clavata
Sarda sarda (Block)
Scomber  colias (japonicus) Gmelin, ask FOMLR
Sprattus sprattus
Squalus acanthias L.
Trachurus mediterraneus ponticus Aleev

Mollusca

Mytilus galloprovincialis
Chamelea gallina Donax trunculus
Donacilla cornea

Insects

Mosquitos larvae Chironomidae family

Crustaceans

Crawfish Astacus leptodactylus
Shrimp Palaemon adspersus
Palaemon elegans
Amphipoda Pontogammarus maeoticus
Anostraca Artemia salina
Crangon crangon

Birds

Pochard Aythya ferina
Scaup Aythya marila

Species which abundance needs to be controlled/regulated

Birds, check the Bird Directive
Cormorant Phalacracorax carbo

Mollusca

Principles

• The concept of sustainable development shall be applied, by virtue of which the carrying capacity of the Black Sea ecosystem is not exceeded nor the interests of future generations prejudiced.
• The precautionary principle shall be applied, by virtue of which preventative measures are to be taken when there are reasonable grounds for concern that an activity may increase the risk of presenting hazards to human health, harm living resources and marine ecosystems, damage amenities or interfere with other legitimate uses of the sea, even when there is no conclusive evidence of a causal relationship between the activity and the effects and by virtue of which greater caution is required when information is uncertain, unreliable or inadequate.
• Anticipatory actions, such as contingency planning, environmental impact assessment and strategic environmental assessment (involving the assessment of the environmental consequences of governmental policies, programmes and plans), shall be taken.
• The use of clean technologies shall be stimulated, which require the replacement or phasing-out of high waste and waste generating technologies that remain in use.
• The use of economic instruments that foster sustainable development shall be promoted through, amongst other things, the implementation of economic incentives for introducing environmentally friendly technologies and activities; the phasing-out of subsidies which encourage the continuation of non-environmentally friendly technologies and activities; the introduction of user fees and the polluter pays principle; as well as the application of natural resources and environmental accounting.
• Environmental and health considerations shall be included into all relevant policies and sectoral plans, such as those concerning tourism, urban planning, agriculture, industrial development, fisheries and aquaculture.
• Pending the resolution of ocean boundary matters in the region, close cooperation among Black Sea coastal states, in adopting interim arrangements which facilitate the rehabilitation of and protection of the Black Sea ecosystem and the sustainable management of its resources shall be pursued.
• Cooperation among all Black Sea basin states, and, in particular, between the Black Sea coastal states and the states of the Danube river basin, shall be promoted.
• The involvement of stakeholders in the implementation of this Strategic Action Plan, through, amongst other things, the determination of user and property rights shall be promoted.
• Transparency and public participation, shall be fostered through the wide dissemination of information on the work undertaken to rehabilitate and protect the Black Sea and through the recognition and the exercise of the right of participation of the public, including stakeholders, in the decision making and implementation of this Strategic Action Plan.

In order to implement the actions and policies agreed on, it is imperative that the regional mechanisms for cooperation among Black Sea states be strengthened.

The Istanbul Commission and its subsidiary bodies, including its Secretariat, should be fully functioning, in accordance with the Bucharest Convention, by January 2000. In order to achieve this, Black Sea states agree to make available the necessary financial and other resources.

The Istanbul Commission having agreed to implement this Strategic Action Plan at its second session, held in Istanbul on September 16-17, 1996, is invited to establish, by November 1997, a body to provide support for specific projects and processes related to the implementation of this Strategic Action Plan.

It is recommended that, by January 1997, the Istanbul Commission establish, on the basis of the current structure of BSEP Working Parties, subsidiary bodies which can assist it in the implementation of the Strategic Action Plan.

It is recommended that the Istanbul Commission initially establish the following Advisory Groups as its subsidiary bodies, the description and general terms of reference of which are given in Annex I:

• an Advisory Group on the Environmental Safety Aspects of Shipping, coordinated by the Activity Centre in Varna, Bulgaria;
• an Advisory Group on Pollution Monitoring and Assessment, coordinated by the Activity Centre in Odesa, Ukraine;
• an Advisory Group on Control of Pollution from Land Based Sources, coordinated by the Activity Centre in Istanbul, Turkey;
• an Advisory Group on the Development of Common Methodologies for Integrated Coastal Zone Management, coordinated by the Activity Centre in Krasnodar, Russia;
• an Advisory Group on the Conservation of Biological Diversity, coordinated by the Activity Centre in Batumi, Georgia;
• an Advisory Group on the Environmental Aspects of Management of Fisheries and other Marine Living Resources, coordinated by the Activity Centre in Constanta, Romania; and
• an Advisory Group on Information and Data Exchange, coordinated by the Commission Secretariat.

It is recommended that the Istanbul Commission regularly review the status and functions of the Advisory Groups and consider the establishment of ad hoc groups for the purposes of implementing this Strategic Action Plan.

It is recommended that the Istanbul Commission assume the responsibilities from the Black BSEP-PCU for the operation and maintenance of the electronic communication system which has been established for purposes of facilitating communication between the components of the Black Sea institutional network.

In order to strengthen and coordinate the work of national and regional research institutions, it is recommended that the Istanbul Commission assume the responsibilities from the BSEP-PCU for the clearing house mechanism for the exchange of information on bibliography, data sources and research programmes. In addition, it is recommended that the Istanbul Commission organise bi-annual research conferences on topics related to the goals of this Strategic Action Plan. The first of such conferences will be held in 2004.

Wider Cooperation

Black Sea countries shall individually and jointly encourage the following:

1. Enhanced coordination between the regional bodies which contribute towards the rehabilitation and protection of the Black Sea ecosystem and the sustainable development of Black Sea resources, such bodies include the Istanbul Commission and its subsidiary bodies, the Black Sea Economic Cooperation (BSEC), the Parliamentary Assembly for the Black Sea Economic Cooperation (PABSEC), the future Black Sea Fisheries Commission, and the NGO Forum;
2. Close cooperation between the regional governmental bodies and the NGO Forum through transparency of the negotiating process, widespread availability of information and documents, and, where appropriate, open access to meetings;
3. Close coordination of the activities of donors, including multilateral financial institutions, the European Union, bilateral aid agencies and private foundations, in their aim to secure funding for projects and policies identified in this Strategic Action Plan and to be further developed in the National Black Sea Strategic Action Plans.
4. Close cooperation with relevant international organisations, including UN Agencies and international non-governmental organisations in implementing this Strategic Action Plan.

International agreements relevant to the aims and objectives of this Strategic Action Plan should be implemented by each Black Sea state and, where this is appropriate and has not yet been done, it is recommended that Black Sea states consider ratifying or acceding to such agreements. Consideration should also be given to implementing other relevant international instruments.

A. Reduction of Pollution

Land based sources of pollution

Rivers

A Black Sea Basin Wide Strategy, negotiated with all states located in the Black Sea Basin, should be developed to address the eutrophication problem in the Black Sea. The objective of the Strategy should be to negotiate a progressive series of stepwise reductions of nutrient loads, until agreed Black Sea water quality objectives are met. Such a Basin Wide Strategy may also be required to ensure the reduction of inputs of other pollutants into the Black Sea, in particular oil.

Given that the Danube is the largest single source of nutrient inputs into the Black Sea, it is imperative that strategies for the reduction of nutrients be adopted for this river. The provisions in the Danube Strategic Action Plan (maintenance of 1995 levels) clearly are insufficient for addressing the eutrophication problem in the Black Sea.

Airborne pollution

More attention should be focussed on the issue of airborne pollutants, particularly those that involve transboundary movements, as well as appropriate measures for controlling them at source. In initial assessment of the magnitude of this problem should be undertaken by 2005.

High priority point-sources

A list of high priority sites (hot-spots) for reducing discharges of pollutants has beendeveloped. It will provide the basis for the elaboration of national strategies and timetables for realising substantial reductions of inputs of pollutants from hot-spots, in accordance with agreed water quality objectives. The following procedure has been agreed for the purpose of attaining these reduced inputs by 2006. Each Black Sea coastal state, in its National Black Sea Strategic Action Plan, will specify the strategies and timetables for attaining reduced inputs from the hot-spots located in its territory. In those cases where investments (as opposed to policy changes or economic restructuring) are required, in order to address specific hot-spots, pre-investment and investment studies will be pursued, with donor support where possible.

National reports on the progress made in addressing the identified hot-spots will be presented to the Istanbul Commission and widely disseminated, in 2002 and 2007. It is recommended that the Istanbul Commission prepare a consolidated report on this topic in time for the Ministerial meetings in 2002 and 2007. This report should include an assessment of the progress made on the strategy for each site. If the progress made is found to be insufficient to meet the agreed water quality objectives, further steps to reduce inputs will be decided upon at the Ministerial meetings.

Regulation of point sources

In addition to the high priority point-sources, comprehensive national studies on the discharges of insufficiently treated sewage will be prepared by each Black Sea state by June 2002. It is recommended that this activity be coordinated by the Istanbul Commission, through its Advisory Group on the Control of Pollution from Land-Based sources. These studies should analyse the national and regional benefits to public health, the environment and recreation as well as the economic costs of installing sewage treatment plants. The studies shall serve as a basis for taking decisions and implementing significant reductions of the inputs of insufficiently treated sewage from large urban areas by 2006.

In order to implement the Protocol on Land Based Sources to the Bucharest Convention and with a view to the gradual reduction of inputs of pollutants in general and the elimination of discharges of persistent pollutants of global significance (POPs) the following actions shall be taken.

• Water quality objectives shall be harmonised on the basis of the uses of water (drinking water, bathing water, aquaculture, ports etc.). It is advised that the Istanbul Commission, upon the recommendations of its Advisory Group on Pollution Monitoring and Assessment, adopt such harmonised water quality objectives and where necessary standards by 2005. Furthermore, these objectives should be subjected to a comprehensive review every five years.
• Procedures used for monitoring the actual discharge of effluent at point sources shall be harmonised. It is advised that the Istanbul Commission, upon the recommendations of its Advisory Group on the Control of Pollution from Land Based Sources, adopt such procedures by 2004.
• Each Black Sea state shall endeavour to adopt and implement, in accordance with its own legal system, by 1999, the laws and mechanisms required for regulating discharges from point sources. The basis for regulating discharges will be a licensing system, through which the harmonised water quality objectives can be applied, and through which effluent charges, based on the polluter pays principle, can be levied.
• Each Black Sea state will also endeavour to adopt and implement, in accordance with its own legal system, efficient enforcement mechanisms by 1999.
• In order to secure the implementation of the actions agreed to in this paragraph, each Black Sea state shall ensure that the national agencies responsible for licensing, monitoring and enforcement are adequately staffed and that the necessary resources are available to them. Where necessary, training courses at local agencies, will be organised.
• Each Black Sea state will consider the introduction of policies in which polluters are made to pay for compliance. The application of environmentally friendly production processes or other innovative process which reduce inputs of pollutants may also be encouraged through economic incentives.

Vessel source pollution

MARPOL 1973/78 shall be more effectively implemented by Black Sea states, especially with a view to giving effect to its provisions on Special Areas, by 2007.

Due to the rapid increase in traffic to Black Sea ports, the capacity of harbour reception facilities needs to be enlarged in order to comply with MARPOL Special Area requirements. Harbour reception facilities will be installed: for garbage by December 2007; for oil by December 2007; and for chemicals by December 2007. The use of these facilities shall be made compulsory. In installing harbour reception facilities close cooperation with the private sector will be pursued, the advice of the IMO will be requested, and the results of the study conducted by the BSEP and the European Union will be taken into account

A harmonised system of port state control will be established in the Black Sea region through the adoption of a Memorandum of Understanding on Port State Control. It is advised that the Istanbul Commission adopt such a Memorandum, upon the recommendations of the Advisory Group on Environmental Safety Aspects of Shipping, by December 1998 .

Black Sea states shall take the necessary steps to enable them to fully exercise their prescriptive and enforcement powers, in accordance with international law, in order to pursue the reduction of illegal discharges by vessels into the Black Sea.

A harmonised system of enforcement, including fines, will be developed for the Black Sea region. It is advised that the Istanbul Commission, upon the recommendations of the Advisory Group on the Environmental Safety Aspects of Shipping, adopt such a system by December 2007. The primary aim of this system will be to serve as a deterrent for illegal discharges and, where necessary, to exercise enforcement action against illegal dischargers.

Black Sea states will present a joint proposal to the IMO, in 2004, for conducting an in-depth study on measures to avoid any further introductions of exotic species into the Black Sea through the deballasting of vessels. Given the danger of such species migrating to other seas in the region, the coastal states of the Caspian and Mediterranean Seas will be consulted.

Pollution from dumping

A total ban on the disposal of municipal garbage in marine, shoreline and estuarine areas shall be imposed by December 1996. Each Black Sea state shall develop a plan setting out the manner in which comprehensive enforcement of the ban will be attained by December 1999 .

Illegal dumping operations in the Black Sea are a matter of concern. Black Sea states, individually and jointly, shall take measures to control any dumping activities that may take place.

Black Sea states, through the Istanbul Commission andin accordance with article 3 of the Protocol on Dumping to the Bucharest Convention, shall define concentration levels for trace contaminants in dredged spoils, by 2005.

Black Sea states shall consider amending the Protocol on Dumping to the Bucharest Convention, in accordance with the London Convention 1972, including its subsequent amendments.

Waste management

The Black Sea coastal states will cooperate in developing and implementing environmentally sound waste management policies, giving due consideration to waste minimization, recycling and reuse.

Transboundary movement of hazardous wastes

By 2006, Black Sea states, through the Istanbul Commission, and in accordance with Resolution 1, adopted at the Diplomatic Conference on the Protection of the Black Sea Against Pollution, shall complete and adopt the text of a Protocol to the Bucharest Convention concerning the transboundary movement of hazardous wastes and cooperation in combating illegal traffic thereof.

Contingency planning and emergency response

A Black Sea Strategy for contingency planning and emergency response shall be developed. It is recommended that the Istanbul Commission, upon the recommendation of its Advisory Group on the Environmental Safety Aspects of Shipping, adopt such a Strategy, by December 1997. This Strategy should provide a basis for ensuring that the contingency plans developed within Black Sea states are sufficiently coordinated. It will also serve as a basis for the development of the regional contingency plan.

National and local contingency plans, covering both vessels and offshore installations, shall be improved and, where appropriate, adopted, by by 2008. The responsibilities and obligations of governmental agencies in the event of marine emergencies shall be clearly defined. National contingency plans shall be developed in accordance with IMO guidelines, as well as other relevant international instruments, including the Black Sea Strategy for contingency planning and emergency response.

A Black Sea Contingency Plan shall be adopted. It is recommended that the Istanbul Commission, upon the recommendations of its Advisory Group on the Environmental Safety Aspect of Shipping, adopt such a plan by 2009. The Black Sea

Contingency Plan should address the compatibility of: emergency equipment, reporting forms and oil spill data; classification of the scale of spillage’s; methods for evaluating the sensitivity of the coast to hazards; and spill decision support systems, including models for forecasting oil movements. In addition, regionally coordinated national classification and risk assessment systems shall be developed.

In order to ensure rapid and effective action by national emergency response agencies, each Black Sea state, in cooperation with the private sector and, where appropriate, with international and bilateral agencies, shall ensure that their own national agencies are adequately staffed and that the necessary resources are available to them.

Close cooperation shall be sought with the shipping, oil and gas sectors in order to ensure that, to the extent possible, the cost of developing and implementing contingency plans are born by these sectors.

Assessment and monitoring of pollutants

A “State ofPollution of the Black Sea” reportwill be prepared and published every five years, beginning 2006. It will be based on the data collected through the coordinated pollution monitoring and assessment programmes.

A Black Sea Monitoring System, based upon biological effects measurements and measurements of key contaminants, will be established in compliance with the Bucharest Convention. It will consist of the integration of obligatory national monitoring programmes, to be included in the National Strategic Action Plans, and an independent quality assurance system. It is advised that the Istanbul Commission develop such a quality assurance system through its Advisory Group on Pollution Monitoring and Assessment, by 2005.

A uniform measurement technique for bathing water quality with a common quality assurance support mechanism shall be developed. It is advised that the Istanbul Commission, upon the recommendations of its Advisory Group on Pollution Monitoring and Assessment, develop this uniform measurement technique by December 1997. Transparency shall be encouraged through the publication and free exchange of data from bathing water quality measurements on at least an annual basis.

Data regarding actual and assessed contaminant discharge measurements for point sources, rivers, and, where possible, diffuse sources, shall be compiled and freely exchanged beginning 2002 on an annual basis. It is advised that the Advisory Group Control of Pollution from Land Based Sources make these compilations in future.

B. Living resources management

Commercially exploited resources

Fish are an integral part of the marine ecosystem, fish stocks thrive in a non-polluted and protected ecosystem and the marine ecosystem profits from properly managed fishing activities. The measures to reduce pollution and to protect biological diversity, habitat and landscape, as agreed upon in this Strategic Action Plan, are therefore pre-conditions for the restoration of commercial fisheries in the Black Sea. In addition, spawning and nursery grounds require special protection.

In order to rehabilitate ecosystems, which are of particular importance to Black Sea fisheries as a whole, Phyllophora fields and other critical nursery areas will receive special protection, spawning areas of anadromous species will be restored, and coastal lagoons will be rehabilitated. By 2003 each Black Sea state will develop at least one pilot project which will contribute to the restoration of areas vital to the recovery of Black Sea fish stocks.

In order to rehabilitate the Black Sea ecosystem and achieve sustainable fisheries in the Black Sea, fisheries management policies need to be enhanced and fishing effort needs to be adjusted to the status of the stocks. In this regard, the Black Sea coastal states are expected to expedite the adoption of the Fisheries Convention as soon as possible so as to develop a fisheries management system which consists of the following components: regular regionally coordinated stock assessments; national fishing authorisations for all Black Sea fishing vessels; a regional licensing system; and a quota system. In addition, enforcement of fisheries regulations urgently needs to be improved. These measures and others, which are required to attain more sustainable fisheries in the Black Sea, should be taken in close cooperation with the fishing sector.

Biological diversity protection

The text of a Protocol on Biological Diversity and Landscape Protection to the Bucharest Convention shall be developed and adopted. It is advised that the Istanbul Commission adopt this Protocol by 2002, upon the recommendations of the Advisory Group on the Conservation of Biological Diversity. The aim is to present the Protocol to the 2001 Ministerial Meeting for signature, after which governments can initiate the national ratification process.

A regional Black Sea Red Data Book, identifying and describing endangered species, will be prepared and published by December 1998. It is advised that the work on the Red Data Book be coordinated by the Istanbul Commission, through its Advisory Group on the Conservation of Biological Diversity.

With the aim of restoring populations of marine mammals the following measures shall be taken:

• A ban on the hunting of marine mammals will be enforced by all Black Sea states with immediate effect.
• Regular population assessments of marine mammals shall be conducted and the first assessment will be completed by 2005. It is advised that these assessments be coordinated by the Istanbul Commission, through its Advisory Group on the Conservation of Biological Diversity.
• The Centre for the Conservation of Biological Diversity in Batumi, Georgia, shall be provided with the necessary equipment in order to function as a regional rehabilitation centre for captive marine mammals.
• National centres and sanctuaries for the rehabilitation of marine mammals shall be strengthened.
• Consideration shall be given to modify fishing practices in order to avoid catching marine mammals, as by-catch, during normal operations. It is recommended that the Istanbul Commission, through its Advisory Group on the Conservation of Biological Diversity and its Advisory Group on the Environmental Aspects of Management of Fisheries and other Marine Living Resources, develop a strategy for the reduction of by-catches of marine mammals.

Protection of Habitat and Landscape

In addition to the actions referred to in paragraphs 57, 58, and 59 of this Strategic Action Plan, the following measures will also be taken to protect habitats and landscape in the Black Sea region.

In marine and coastal areas, and in particular in wetlands, new conservation areas shall be designated and the protection of existing conservation areas enhanced. In drafting their National Biological Diversity Strategies, Black Sea states shall take into consideration the integrity of the Black Sea system, by, for example, designating conservation areas which are of regional significance.

With a view to enhancing the protection of habitats and landscape in the Black Sea region, both national and regional regulatory instruments shall be improved through the following actions.

• A Regional Strategy for Conservation Areas shall be adopted, and it shall be reviewed every five years. It is advised that the Istanbul Commission adopt the plan by 2004, and conduct the reviews, upon the recommendations of its Advisory Group on the Conservation of Biological Diversity. The plan, amongst other things, should address the following: priority locations which should be designated as conservation areas; priority locations where current measures for protection should be enhanced; objectives, standards and measures for the protection of conservation areas; and fund raising aspects.
• Each Black Sea state, by 2000, shall endeavour to revise, and where applicable adopt, in accordance with its own legal system, national laws, regulations and planning instruments for the protection of conservation areas. These laws, regulations and planning instruments shall conform with relevant international instruments, including the Regional Strategy for Conservation Areas. The national instruments, amongst other things, should identify the responsible management authority and the responsible government agency; include procedures for the identification of conservation areas; require that management plans be developed for each conservation area; set standards for managing conservation areas; and, where appropriate, establish procedures for public participation and partnerships between governmental agencies and NGO’s for the management of conservation areas.
• Each Black Sea state, where appropriate with the support of bilateral or multilateral agencies, shall ensure that the authorities which manage conservation areas are adequately staffed and that the necessary resources are available to them.
• Public awareness campaigns, including programs for schools, local communities, and natural resource users in the conservation areas shall be developed. Such campaigns, where appropriate, will be coordinated at the regional level.

C. Sustainable Human Development

Environmental Impact Assessment

By 1998, all Black Sea coastal states will adopt criteria for environmental impact assessments and environmental audits that will be compulsory for all public and private projects. The coastal states will cooperate to harmonize these criteria by 1999 and where possible, to introduce strategic environmental assessments.

Integrated coastal zone management

In order to ensure proper management of the coastal zone, coordinated integrated coastal zone management strategies shall be developed for the Black Sea region. In order to attain this the following actions will be taken.

• A Regional Black Sea Strategy for integrated coastal zone management shall be developed. It is advised that the Istanbul Commission develop such a strategy by 2005, upon the recommendations of its Advisory Group on the Development of Common Methodologies for Integrated Coastal Zone Management. The regional strategy should elaborate basic principles and methodologies for land- and water-use planning as well as for designing zoning systems. The methodologies and principles recommended in the regional strategy shall be taken into account when developing or reviewing national strategies and planning instruments for integrated coastal zone management.
• Each Black Sea coastal state shall endeavour to adopt and implement, in accordance with its own legal system, by 1999, the legal and other instruments required to facilitate integrated coastal zone management.
• Inter-sectoral committees for integrated coastal zone management shall be established at the national, regional and local levels of public administration, where appropriate, by the end of 1997. These committees shall design and implement national plans for integrated coastal zone management through participatory approaches.

Erosion and land degradation have important environmental and social impacts. Coastal erosion, due to the changed hydraulic conditions in many of the regions rivers, is a problem which has transboundary implications. Deforestation is another major factor contributing to land degradation. A survey of coastal erosion problems in the region will be conducted by 2005. It is recommended that the Istanbul Commission, through its Advisory Group on the Development of Common Methodologies for Integrated Coastal Zone Management coordinate the work on this survey. The survey should address the magnitude of the problem, including its economic implications; propose remedial actions, and include suggestions for pilot studies and demonstration projects.

Development of sustainable aquaculture and tourism

Aquaculture and tourism are two areas considered to have scope for economic growth in the Black Sea and to benefit the region in general. In order to avoid environmental damage resulting from these activities, and particularly damage with transboundary implications, their development shall be managed along common environmental norms to be established by 2006. It is advised that that the Istanbul Commission, with the support of its Advisory Groups, adopt these common norms and liaise, where appropriate, with the Fisheries Commission, once this body has been established, to adopt an industry code of practice.

Sustainable aquaculture should be stimulated, amongst other things, through the conduct of feasibility studies. In parallel, legislation enabling the regulation of aquaculture should be developed. Such legislation should ensure that aquaculture itself does not present a threat to the environment and should address issues, such as, the location and density of cages, releases of commercial strains, imports and releases of exotic species, quarantining and matters of hygiene. Moreover, aquaculture projects shall be subjected to environmental impact assessments in which the potential effect of the activity upon biological diversity are given careful consideration.

Eco-tourism should be stimulated in the region, amongst other things, through the implementation of concrete pilot projects in Black Sea coastal states. In close cooperation with the tourist industry and the national tourism authorities, environmental codes of conduct and training courses in sustainable tourism will be developed. The tourism industry, both for the benefit of the industry and for the benefit of the environment, needs to be more adequately planned with a view to incorporating concerns such as those related to water supply, sewage treatment bathing water quality, the use of natural resources and resort development into newly developed projects from the beginning. Moreover, it shall be required that tourist development projects be subjected to environmental impact assessments.

Involving the public in environmental decision making

Participation of all sectors of society is an essential requirement for the development of sustainable policies in the region. It requires the development of education projects, transparent and participatory decision making procedures and open rules on access to administrative and judicial procedures.

Municipalities will be closely involved in the implementation of this Strategic Action Plan. Both existing mechanisms, as the International Black Sea Club of Cities, as well as new mechanisms will be used for this purpose. Black Sea municipalities will also be stimulated to cooperate at the national level and with municipalities in other countries and regions. The Union of Governors of the BSEC will also be requested to cooperate towards the implementation of this Strategic Action Plan.

NGOs will continue to be closely involved in the development and implementation of both national and regional policies aimed at rehabilitating and protecting the Black Sea ecosystem and the sustainable use of its natural resources.

The Black Sea NGO Forum is encouraged to continue giving its support to the actions taken to rehabilitate and protect the Black Sea and, in particular, to support the implementation of this Strategic Action Plan. It is recommend that the Istanbul Commission adopt procedures which facilitate the participation of the NGO Forum, as an observer, in its meetings.

Stakeholders will have to be clearly identified for each of the policy areas included in this Strategic Action Plan. Their involvement in the decision making process will be secured and their responsibilities in implementing this Strategic Action Plan defined, through mechanisms such as those provided by new Regional Environmental Centres.

Each Black Sea state, in accordance with its own national legal system, will endeavour to adopt and implement, by 2000, rules which guarantee the right of access to environmental information, which provide for the right of the public and NGOs to participate in decision making, and which provide for the right of individuals and groups to appeal to administrative and judicial organs. It is recommended that the Istanbul Commission prepare a draft position paper on this topic.

Information about the actions taken to rehabilitate and protect the Black Sea ecosystem and achieve the sustainable use of its resources will be widely disseminated. Each Black Sea state will publish a popularised version of this Strategic Action Plan, in its own language. In addition, the following actions will taken through the BSEP, in close cooperation with the NGO Forum:.

• An educational information package for use in schools will be developed and each Black Sea state will translate it into its own language;
• A mobile exhibition will be prepared and translated into the languages of the Black Sea states for display at public functions and educational establishments;
• A user-friendly Black Sea CD ROM multimedia information package, based upon the existing GIS system, will be developed.

Based on harmonised criteria, information on the state of bathing water suitable for advising the public on the potential risks to their health shall be made widely available to the public during the active tourist season, starting in 1998 2004. Frequency of sampling and analytical methodology should be sufficient to inform bathers of conditions which may pose health risks. Additionally, a colour coding system for bathing water quality maps shall be developed and such maps shall be published annually starting January in 2004.

Recommendation to the Commission

Advisory Groups and Activity Centres Associated with the Black Strategic Action Plan (BS-SAP)

The purpose of the advisory groups is to provide the Commission with the best possible advice and information on topics which are key to the implementation of this Black Sea Strategic Action Plan and the Bucharest Convention. In all cases, they will, as part of their duties, respond to requests for advice from the Commission and prepare proposals for the Commission’s consideration at their own initiative. The groups will include experts from focal points from all Black Sea states. The Advisory Groups will work closely with other experts, bodies and institutions as they, or the Commission, deem necessary. Involvement of relevant NGOs is also encouraged, particularly in the improvement of public participation and awareness in all of the focal areas covered by the Groups. Particular attention shall also be given to including experts in the following areas, where appropriate:

• environmental law,
• environmental economics, and
• public awareness.

Each advisory group shall seek to make best use of expertise and institutional capacity within the region and, within its workplan, approved on an annual basis by the Commission, may assign specific tasks to any institution or expert that it considers appropriate.

The Commission Secretariat will provide general coordination for the advisory groups, assigning this task to appropriate Officers of the Secretariat, according to their technical specialization.

The Advisory Groups shall be supported by Activity Centres which shall coordinate the necessary programmatic support and the provision of practical technical support for their work. The Activity Centres shall be initially based upon those created through BSEP as in-kind contributions by Black Sea Governments with additional finance from donors where possible and necessary.

Advisory Groups shall liaise together where appropriate and joint groups may be set up from time-to-time, particularly on such issues as pollution assessment, fisheries development and environmental impact assessment, amongst others.

The Advisory Groups are defined as follows:

Advisory Group on the Environmental Safety Aspects of Shipping coordinated by the Activity Centre in Varna, Bulgaria.

The Group will coordinate the regional approach to emergency response, particularly the international response to accidents involving the extraction, maritime transport, handling and storage of oil and, where relevant, hazardous chemicals. It will also coordinate, on behalf of the Commission, regional aspects of implementation of the MARPOL Convention defined in the BS-SAP. Furthermore, it will assist with the elaboration of port-state-control procedures defined in the BS-SAP. Particular attention will be paid to developing a strong working relationship between Ministers of Environment and Transport both internationally and within corresponding national focal points. It will collaborate closely with all relevant institutions and governmental bodies, international organizations (such as IMO, WMO, IOC) and the private sector (shipping, oil and gas industries).

Advisory Group on Pollution Monitoring and Assessment coordinated by the Activity Centre in Odesa, Ukraine

The work of this Group shall focus upon the establishment of a regionally coordinated network of National Status and Trends monitoring programmes and the subsequent development of Environmental Quality Objectives. Specifically, the Group shall provide the following services: (1) Quality Assurance/Quality Control services for environmental chemical analysis (2) Coordination of pilot monitoring activities (3) Coordination of regional training exercises in monitoring (4) coordination of regional multi-disciplinary expert consultations to develop common environmental objectives and standards for different water uses in the Black Sea. The Group shall collaborate closely with the Advisory Group on the Environmental Aspects of the Management of Fisheries and other Living Marine Resources for the development of a region-wide programme for monitoring the biological effects of pollution to be incorporated in the regional monitoring strategy. The Group shall collaborate with National Monitoring Networks and research institutions in all Black Sea countries, international research programmes and projects and bodies such as IAEA`s Marine Environmental Laboratory, IOC`s Expert Groups, UNEP, WHO and WMO. (5) the coordination, in close cooperation with WHO of programmes to monitor the quality of bathing waters and beaches and to assess the human health implications of the information gathered.

Advisory Group on Control of Pollution from Land Based Sources coordinated by the Activity Centre in Istanbul, Turkey

The Group will provide technical support for actions related to the assessment and control of discharges of pollution from land-based sources (direct discharges, river inputs and diffuse sources, including atmospheric deposition). It will cover the following areas: (1) the development and diffusion of improved methodology for measuring discharges of pollutants; (2) the gathering of data from National Focal Points regarding discharges; (3) the coordination of activities to improve permitting procedures; (4) the development/harmonization of pollution discharge models and scenarios in order to assist with the establishment of scientific criteria for setting permit levels/emission standards. The major partners of the Group shall be regional inspectorates of pollution (or their equivalent) and, at an international level, the Secretariat of the Global Programe of Action for Protection of the Marine Environment from Land-based Activities.

Advisory Group on the Development of Common Methodologies for Integrated Coastal Zone Management coordinated by the Activity Centre in Krasnodar, Russia

The Group will facilitate the exchange of information and experience on ensuring sustainable resource use, including recreational use by tourists in the coastal zones of Black Sea countries, and develop methodologies for coastal zone management, with particular reference to threats to the environment arising from the transition to market economies. The Group will coordinate and supervise the elaboration of draft recommendations of the Commission in the field of integrated coastal zone management and, based on common methodology, assist with the introduction of contemporary principles of environmental management, such as “Best Available Technology” and “Best Environmental Practices”. On the basis of the agreed common principles and the achievements and experience gained in the Black Sea countries, the Group will coordinate the preparation of Regional Integrated Coastal Zone Management Programme as well as to provide assistance for the preparation of national programmes. This Group will work in very close cooperation with the OECD and any other appropriate international institutions.

Advisory Group on the Conservation of Biological Diversity coordinated by the Activity Centre in Batumi, Georgia

The Group will provide coordination and technical support for actions taken to protect biological diversity in the Black Sea according to the provisions of the Odesa Declaration, Black Sea Strategic Action Plan, the UN Convention on Biological Diversity and the Pan-European Strategy on Landscape and Biological Diversity. The Group will prepare inventories of the biodiversity and regularly update them, in order to evaluate the trends and recommend remedial actions. It will also gather historical records of changes in biological diversity (a large amount of information is available for the Black Sea).The Group will elaborate a Regional Biological Diversity Conservation Strategy as well as Draft Biological Diversity and Landscape Protection Protocol to the Convention on the Protection of the Black Sea Against Pollution. The Group will coordinate the preparation of a Red Data Book on the endangered species.

Advisory Group on the Environmental Aspects of the Management of Fisheries and other Marine Living Resources coordinated by the Activity Centre in Constanta, Romania

The Advisory Group will basically function to coordinate activities and provide technical support for the protection and restoration of marine ecosystems. However, pending the adoption of the Fisheries Convention, the Advisory Group will gather the basic source of information related to the fisheries capture, stock, installed capacity and aquaculture projects. The data will be gathered from all national authorities and should include historical records in order to document past changes in the production and stock in the region and its relationship to changes in marine ecosystems. It will provide the basic source of information for future management strategies and for the implementation of the future Fisheries Convention. The Group will develop proposals and, where appropriate, coordinate the following: (1) harmonization at the regional level of a legal and institutional framework aimed at sustainable use of living marine resources; (2) improvement of Black Sea fisheries resource assessment based on a regional approach; (3) development of projects for the protection and rehabilitation of living resources; (4) development of specific projects for aquaculture techniques which do not harm biological diversity. The Group will collaborate with regional and international institutions (such as GFCM) governmental bodies and the private sector.

Advisory Group on Information and Data Exchange to be coordinated by the Commission Secretariat

This Group shall focus its work on the improvement of information flow and data exchange. It will be responsible for the following specific tasks: (1) Updating of the existing Black Sea Information System and Black Sea Geographical Information System, (2) Updating of the Black Sea Bibliography, (3) Strengthening of the e-mail network and improvement of Internet connection to the Web Server services for principle data centres and Ministries of Environment for the exchange of information and data, including exchange of meta data, (4) Development of the regional Internet facility comprising meta level information on environmental data (how to locate the data), sets of the new data obtained from various international programmes, including those of the Commission, copies of historical data opened for public use, data sets from main World data centres such as WDC, GRID and others, (6) Cooperation and data exchange with different international programmes in the Black Sea region (such as NATO-TU, EROS-21, CoMSBlack, etc., (7) Cooperation and data exchange with the NGO Network, (8) Organization of training on data exchange, and (9) Assistance to other networks in the region.

1.1 The Black Sea

The Black Sea is one of the most remarkable regional seas in the world. It is almost cut off from the rest of the world’s seas, is over 2200 m deep and receives the drainage from a 1.9 million km2 basin covering about one third of the area of continental Europe. Its only connection to the world’s oceans is through the Istanbul Strait, a 35 km natural channel, as little as 40 m deep in places. This channel has a two layer flow, carrying about 300 km3 of seawater to the Black Sea from the Mediterranean along the bottom layer and returning a mixture of seawater and freshwater with twice this volume in the upper layer.

Every year, about 350 km3 of river water enters the Black Sea from land in over twenty countries: Albania, Austria, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Germany, Hungary, Italy, Macedonia, Moldova, Montenegro, Poland, Romania, the Russian Federation, Serbia, Slovakia, Slovenia, Switzerland, Turkey and Ukraine. Europe’s second, third, fourth and sixth largest rivers the Danube, Dnipro, Don (indirectly via the Sea of Azov) and Dniester all flow to the Black Sea.

1.2 The need for and purpose of the updated SAP (in relation to the 1996 BS SAP, amended 2002)

The signing of the Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention) in 1992, followed closely by the first Black Sea Ministerial Declaration (the Odessa Declaration) in 1993 inspired the GEF, to support the region in implementing the Odessa Declaration and to formulate the longer-term Black Sea Strategic Action Plan (BS SAP).

Following the signature of the BS SAP, GEF funding was sustained in order to enable countries to complete National Black Sea Strategic Action Plans and for the negotiations on the institutionalisation of the Istanbul Commission’s Secretariat to be completed. Progress was made in implementation of existing BSSAP, with the GEF, EC and other donors’ assistance. In October 2000, the Secretariat for the Black Sea Commission became operational.

The 1996 BS SAP was a groundbreaking document for the Black Sea region which established specific targets and timetables for implementing the objectives of the 1992 Bucharest Convention. However, it was an overly ambitious document and very few of the targets were accomplished on time. Furthermore, the 1996 BS SAP also suffered from problems of enforcement of national environmental laws and legislation, and the lack of a regional mechanism to ensure compliance with different policy actions . An amendment in 2002 (the 2002 Sofia Ministerial Declaration) aimed to resolve some of these issues and reconfirm commitments of the Black Sea coastal states to implement the BS SAP.

The 2009 BS SAP has been formulated through careful consideration of inter alia the 1996 SAP, the 2007 BS TDA and the 2007 BS SAP Gap Analysis. It aims to help resolve the transboundary environmental problems of the Black Sea and is a joint effort between the six Black Sea countries. The SAP was elaborated from consensus reached at a multinational level in relation to a series of proposals that include: Ecosystem Quality Objectives (EcoQOs); short, medium and long term targets; and legal and institutional reforms and investments necessary to solve main environmental problems identified within the 2007 BS TDA. The process of elaboration of the SAP was characterized by the participation and commitment of the main social stakeholders and key institutions of the Black Sea countries.

1.3Black Sea regional cooperation framework

The Black Sea Commission is the regional cooperation framework, made up of with one member from each of the six national governments. The Black Sea coastal states entrusted a coordinating role for the implementation of the BSASP to the Black Sea Commission supported in its activity for implementation of the work program of the Black Sea Commission by its Permanent Secretariat.

In order to achieve, the purposes of this SAP, the Commission will cooperate with competent international organisations, especially with a view to developing appropriate programs or obtaining assistance.

1.4 The geographic scope of the SAP

The geographical scope of the Convention on the Protection of the Black Sea against Pollution is applied to the Black Sea proper, with the Southern boundary constituted, for the purposes of this Convention, by a line running between Capes Kelagra and Dalyan. In addition the SAP will cover pollution sources from coastal area. In addition, Black Sea coastal states shall make effort to implement relevant provisions of the SAP at the Black Sea basin level.

1.5 The basis for cooperative action

The Black Sea coastal States share a common desire for the sustainable management of the natural resources and biodiversity of the Black Sea and recognize their role and responsibility in conserving the global value of these resources. The states have considered and taken into account, where appropriate, the following principles and values when developing this document.

1 5.1. The principle of sustainability shall be applied such that there is a prudent and rational utilization of living resources and the preservation of the rights of future generations to a viable environment.

1.5.2. The precautionary principle shall be applied, such that measures shall be taken when there are reasonable grounds for concern that any activity may increase the potential hazards to human health, harm living resources or ecosystems, damage amenities, or interfere with other legitimate uses of the Black Sea, even when there is no conclusive evidence of a causal relationship between the activity and the effects; and by virtue of which, greater caution is required when information, including scientific information, is uncertain, unreliable or inadequate.

1.5.3. The polluter pays principle shall be applied, such that the cost of preventing and eliminating pollution, including clean-up costs, shall be paid by the polluter.

1.5.4. The principle of anticipatory action shall be applied, such that contingency planning, environmental impact assessment and strategic impact assessment (involving the assessment of the environmental and social consequences of governmental policies, programmes and plans) shall be undertaken in the future development in the region.

1.5.5. The principle of preventative action shall be applied, such that timely action shall be taken to alert the responsible and relevant authorities of likely impacts and to address the actual or potential causes of adverse impacts on the environment, before they occur.

1.5.6. Environmental and health considerations shall be included into all relevant policies and sectoral plans and programmes, including, inter alia, urban planning, industrial development, fisheries, aquaculture and tourism.

1.5.7. Use of clean technology shall be promoted when replacing or phasing-out high waste and waste-generating technologies, including the use of BAT and BEP.

1.5.8. Use of Sustainable Agriculture including the use of Good Agricultural Practices (GAP) shall be promoted in order to replace or phase-out unsustainable agricultural practices.

1.5.9. Development planning and environmental planning processes should be integrated to the maximum extent. The use of economic instruments that foster sustainable development shall be promoted through, inter alia, the implementation of economic incentives for introducing environmentally friendly technologies, activities and practices; the phasing-out of subsidies which encourage the continuation of non-environmentally friendly technologies, activities and practices; and the introduction of user fees.

1.5.10. The principle of accessibility of information shall be applied, such that information on the pollution of the environment of the Black Sea held by a littoral state shall be provided by that state to all littoral states, where relevant and in the maximum possible amount.

1.5.11. The principles of public participation and transparency shall be applied, such that all stakeholders, including communities, individuals and concerned organizations shall be given the opportunity to participate, at the appropriate level, in decision-making and management processes that affect the Black Sea. This includes providing access to information concerning the environment that is held by public authorities, together with effective access to judicial and administrative proceedings to enable all stakeholders to exercise their rights effectively. Public authorities shall widely disseminate information on the work proposed and undertaken to monitor, protect and improve the state of Black Sea.

1.6 Vision for the Black Sea

The vision for the Black Sea is to preserve its ecosystem as a valuable natural endowment of the region, whilst ensuring the protection of its marine and coastal living resources as a condition for sustainable development of the Black Sea coastal states, well-being, health and security of their population.

2.1 Eutrophication/nutrient-enrichment

This decrease in the importance of agriculture as an economic powerhouse of the region has been clearly shown by decreasing trends in livestock numbers and a shift from major livestock farms to smaller-scale or subsistence-level farming. Livestock numbers (excluding poultry) in 2004 were about two-thirds of those present 1997, and about one-third of the numbers recorded in 1998. Inorganic fertiliser application rates also appear to have fallen substantially, with large areas of land (in some countries at least) left fallow. However, indicators suggest that this decline in agricultural productivity may have bottomed-out, so a gradual re-intensification of agricultural practices may begin in the near future.

Direct discharges from large municipal/industrial plants to the Sea are equivalent to only small proportion of nutrients discharged to the Sea via rivers, of which the Danube is by far the most important. Available information also suggests that atmospheric deposition of nitrogen to the Sea may be of a similar order of magnitude to river loads, but there is considerable uncertainty over the data used, with a clear need for updating and harmonisation of monitoring protocols.

Based on the data reported by the Black Sea coastal states and the results presented in the 2007 Black Sea TDA, it is suggested that more than 80% of the river-borne inorganic nitrogen load and around 50% of the river-borne phosphate load enters the Sea from the Danube. However, the Danube has by far the most rigorous nutrient loads monitoring programme of all rivers, and it is likely that nutrient loads from other rivers are under-estimated by comparison. The importance of freshwater nutrient inflows to the Sea of Azov could not be estimated because of a lack of data for the Kerch Strait.

Between 1996 and 2005 there has been no evidence of a change in river-borne DIN loads to the Sea, albeit with a moderate (15%) decrease in river-borne PO4-P loads over the same period. However, the level of confidence associated with the PO4-P load decrease is very low, due to the large inter-annual variability.

Considering that the Danube is such a major pathway of nutrient input to the Black Sea and that phosphorus emissions to the Danube are estimated to have fallen by approaching 50% between 1990 and 2000, and nitrogen emissions by about 20% between 1985 and 2000, this may appear to be disappointing. However, reductions in nutrient loads/concentrations in the upper and middle reaches of the Danube have been observed since 2000, and these improvements are expected to continue downstream in future years.

2.2 Commercial marine living resources

Due to over fishing in the early 1970s-1980s, the structure of catches has shifted significantly. Declining stocks of predatory species such as bonito, horse mackerel and bluefish resulted in an increase in non-predatory species such as anchovy and sprat. Consequently, fishing fleets have increasingly targeted these smaller species, resulting in increased by-catches of larger, less abundant fish species. Total fish landings are now about half of what they were in the latter half of the 1980s.

Commercially important marine living resources have been greatly affected by alien species introductions, eutrophication, over-fishing and habitats change/damage. Annual total fish catch statistics show an improving situation, but these figures are dominated by catches of anchovy and sprat. There have been recent improvements in catches of some other fish, such as bonito, but turbot, dogfish and whiting catches have either shown no improvement or have fallen over the past decade-or-so. Sturgeons remain endangered. Unsustainable fishing practices are still in relatively common use.

The importance of Rapana, the Japanese Snail has increased and has helped to off-set the decline in mussel and clam landings (the decline being due, in large part, to predation by Rapana anyway).

The contribution of illegal fishing activities to damage/change of marine living resources is not clearly understood, but there a general acceptance that this is a causative factor.

The seafood industry is a major coastal employer, particularly for some countries. Aquaculture is not strongly developed in the region and there is scope for this to be expanded, providing environmental considerations are taken into account.

2.3 Chemical pollution

An assessment of pollutant loads from river and large direct municipal/industrial discharges was made. However, the pollution loads data are very incomplete, BOD5 being the only parameter (apart from nutrients) that is routinely monitored from major point sources and rivers. Relatively high contamination levels of some pesticides, heavy metals and PCBs are present at specific sites in the Black Sea, with illegal dumping/discharges (particularly of agrochemicals) being recognised as a particular problem. The historically poor enforcement of discharge standards and a failure to consider the Sea itself as a receiving water body for discharges to river are considered to be the principal reasons underlying the pollution status of the Sea.

A huge increase in the volume of oil being transported across the Black Sea and oil/gas extraction from beneath the Sea itself have greatly increased the risk of oil pollution. This presents two types of problem: (i) localised chronic pollution stemming from frequent but minor releases of oil; and (ii) acute pollution resulting from major oils spills. Remote sensing data show that the majority of oil spills occur along major shipping routes, suggesting that shipping, rather than land-based oil installations have been the principal cause of concern. However, a single large spill from ships, platforms or land-based oil installations could severely impact biota and the economies of all coastal countries.

2.4 Biodiversity

Formerly “dead” areas of the NW Shelf bed are once again colonised by biota, with evidence of biodiversity continuing to increase. The once massive area dominated by Zernov’s Phyllophora (a red seaweed) field has decreased hugely in area over the last few decades, having been replaced by other, opportunistic macroalgae. However, there are encouraging signs that in recent years this decline has either slowed down and recovery may actually be beginning at some sites. However, during the last two decades, the area covered by eelgrass (Zostera) has decreased tenfold in shallow waters.

Further, all coastal margin habitats are considered to be in a critical status in at least one country; both types of pelagic habitat (neritic and open sea) are considered critical in at least one country; and 13 of 37 types of benthic habitat are considered to be critical in at least one country. Those habitats most at risk include the neritic water column, coastal lagoons, estuaries/deltas and wetlands/saltmarshes.

The invasion of Mnemiopsis leidyi (a comb jelly) contributed to a catastrophic decline in fish productivity in the late 1980s/early 1990s. The subsequent invasion of another comb jelly (Beroe ovata), which feeds on the original invader, means that opinions are now split as to whether Mnemiopsis still has a major impact on fish communities and catches.

Between 1996 and 2005 a total of 48 new alien species were recorded, which represents over 22 % of all registered aliens. The majority belong to phytoplankton (16) and zoobenthos (15), followed by zooplankton (8), fish (5), macroalgae (3) and mammals (1). This increase in invasive aliens suggests a serious impact on the Black Sea native biological diversity, with negative consequences for human activities and economic interests.

2.5 Causal chain analyses

Many of the immediate, underlying and root causes of individual transboundary problems are shared with other problems. In particular, the causal chain analyses for nutrient enrichment and chemical pollution are very similar, since the majority of sources of chemical pollution are also sources of nutrients. For biodiversity, the failure to adequately treat ship ballast water is regarded as being an important cause of the problem, and for changes in commercial marine living resources the other three transboundary problems are clearly contributory factors.

It is clear, therefore that the four transboundary problems cannot be dealt with individually. Improvements in management of one problem will have knock-on effects for other problems, and addressing individual causes is likely to improve the situation with regard to at least two, if not more, of the four transboundary problems. For example, one of the causes of all four of the environmental problems is that of poorly regulated coastal development. The six coastal countries all agree with the ‘ecology tenet’ underlying integrated coastal zone management, i.e. that coastal development should take account of marine ecology, conservation and biodiversity, but the underlying institutional structures vary considerably between countries. There are many examples where money has spoken louder than words.

2.6 Hot-spots analysis

A review of planned and proposed capital investments on pollution point sources identified from the 1996 TDA has shown disappointing results. Of the 50 investments initially identified, only 12 have been completed and 2 are no longer required. A decade later, work is in progress on another 10 point sources, but over half of the capital investments originally identified have either been insufficiently funded or not funded at all. Capital investment costs to address the identified 50 hot-spots were originally estimated to be almost $400 million. By the end of 2005 at least $143 million had been spent on addressing these point sources, with a further $340 million planned to be spent by the end of 2015.

2.7 Legal and institutional analysis

National environmental legislation is relatively strong, but the enforcement of this legislation has been less robust. The division of responsibilities for environmental monitoring and protection between different ministries and intra-ministerial organizations is sometimes over-complex and could be simplified in some countries at least.

In Bulgaria and Romania, EU Accession and membership has been good news for the environment. Turkey is in the initial stages of its EU accession negotiations and is keen to fund the capital investments and adopt the best agricultural practice regulations required, so further environmental improvements should accrue in the future. However, there is a need for improved cooperation between the Environment and other Ministries in all countries.

3.1 Key management approaches

The 2007 Black Sea SAP will adhere to 3 key environmental management approaches. These are:

• Integrated Coastal Zone Management (ICZM);
• The Ecosystem Approach; and
• Integrated River Basin Management (IRBM)

A description of each approach is outlined in the Glossary of Terms (Annex 3).

3.2 Long-term Ecosystem Quality Objectives (EcoQOs)

The Ecosystem Quality Objectives (EcoQOs) are statements regarding the Vision that reflect how stakeholders would like the state of the Black Sea to be over the long term, based on a resolution of priority problems identified in the Transboundary Diagnostic Analysis.

The TDA 2007 reconfirmed four priority transboundary environmental problems, described above, requiring coordinated efforts by all Black Sea coastal States. It was determined that these areas of concern, and their causes, could be most effectively and appropriately addressed through the aims of four Ecosystem Quality Objectives (EcoQOs). The four EcoQOs and associated Sub EcoQOs are:

EcoQO 1: Preserve commercial marine living resources.EcoQO 1a: Sustainable use of commercial fish stocks and other marine living resources.EcoQO 1b: Restore/rehabilitate stocks of commercial marine living resources.

EcoQO 2: Conservation of Black Sea Biodiversity and Habitats.

EcoQO 2a: Reduce the risk of extinction of threatened species.EcoQO 2b: Conserve coastal and marine habitats and landscapes.EcoQO 2c: Reduce and manage human mediated species introductions

EcoQO 3: Reduce eutrophication.

EcoQO 4: Ensure Good Water Quality for Human Health, Recreational Use and Aquatic Biota. EcoQO 4a: Reduce pollutants originating from land based sources, including atmospheric emissions.EcoQO 4b: Reduce pollutants originating from shipping activities and offshore installations

3.3 Management targets and priority status required to meet the EcoQOs

Each EcoQO is assigned a number of management targets that address the immediate, underlying and root causes of the concern areas. For regional level interventions, the Black Sea coastal States and the international partners shall work collectively to take the required steps to fulfill those interventions. National level supporting interventions will be the responsibility of individual states.

Management targets are shown in the table below. The timings of the interventions in order to meet these targets are also listed (short-term = 1-5 years, mid-term = >5-10 years and long-term = >10 years), as is the perceived relative importance of individual interventions. Further details on each EcoQO, including targets, outputs, time to implement, legal, institutional and policy reforms required, indicators of success and uncertainties are presented in a series of matrices in Annex 1.

Reference (Annex 3)	Overall target	Short-term target	Mid-term target	Long-term target	Priority
(1)	Adopt and implement a Regional Agreement for fisheries and conservation of living resources of the Black Sea.				High
(10)	Develop and introduce methodologies to assess the condition of populations of commercial marine living resources.				Medium
(11)	Finalise, adopt and implement the regional SAP for Black Sea Biodiversity and undertake 5 yearly regional update of the list of conservation status of threatened coastal and marine species as well as list of critical habitats for these species.				High / Medium
(12)	All six BS countries adopt and implement a regional Conservation Plan for Black Sea endangered species and develop national action plans.				Medium
(13)	Assess impacts of climate change on Black Sea ecosystem and sustainable development of the coastal population				Medium/ Low
(14)	Consider the necessity of creation of new and/or expansion of existing protected areas, including transboundary areas in consultation with the relevant Black Sea countries with particular attention to marine protected areas. Establish or extend these areas where necessary.				High
(15)	Further recognise and implement integrated coastal zone management principles.				High / Medium
(16)	Develop and disseminate information, training and education materials on ICZM in regional languages, referring to coastal and marine biodiversity conservation.				Medium
(17)	Regionally converge on Environmental Impact Assessment and Strategic Environmental Assessment procedures.				Medium
(18)	Amend national waste strategies and/or national coastal zone management plans with the aim of coastal and marine litter minimisation.				Medium
(19)	Develop regional and national marine litter monitoring and assessment methodologies on the basis of common research approaches, evaluation criteria and reporting requirements.				Medium
(20)	Promote/develop investment projects within national strategies/local plans to engineer, construct and install new solid waste recycling facilities, landfill sites and incineration plants, complying with BAT regulations.				Medium
(21)	Monitor and facilitate the progress in the implementation of nationally developed management plans of the protected areas.				High / Medium
(22)	Develop an inventory, classification and a mapping system for BS habitats.				High / Medium
(23)	Identify and make an inventory of Black Sea landscapes of high natural, historical, cultural and aesthetic value.				Medium
(24)	Undertake preliminary regional assessment of coastal erosion.				Low
(25)	Support coordinated scientific studies, increase resources to marine science and improve capacity particularly through targeted training programmes supporting scientific projects/programmes.				High / Medium
(26)	Promote cooperation in the Black Sea in line with principles and recommendations of the International Convention for the Control and Management of Ships' Ballast Water and Sediments.				High
(27)	Harmonise ballast water procedures using IMO guidelines.				High
(28)	Identify actions towards ratification of the BWM Convention in the BS region.				High
(29)	Implement integrated river basin management and integrated coastal zone management approaches, as stated in revised LBSA protocol.				High
(30)	Introduce cost efficiency approach to nutrient management in all BS countries.				Medium
(31)	Upgrade all WWTPs serving populations > 200,000 p.e. within the BS countries sub-basins to include N&P removal.				High / Medium
(32)	Ensure all tourist resorts are connected to sewerage systems with WWTPs of adequate capacity to address seasonal loads.				High / Medium
(33)	Ensure that all industrial plants have adequate wastewater treatment to reduce N&P emissions from direct discharge to surface waters.				High / Medium
(34)	Reduce or phase out the use of high P-containing laundry detergents.				High
(35)	Introduce harmonised P and N standards for all WWTPs serving >100,000 p.e. Ensure compliance with and harmonise standards at regional level.				Medium
(36)	Reduce atmospheric emissions of N from municipal, agricultural and industrial sources, though the introduction of BAT, BAP principles etc.				High / Medium
(37)	Harmonise the monitoring and assessment of N & P (concentrations and loads) in major rivers and straits.				High
(38)	Improve network of atmospheric deposition monitoring stations around the Black Sea coast.				Medium
(39)	Develop a nutrient modelling tool to enable source apportionment estimates to be made.				Medium
(40)	Improve the use of regulatory instruments for reducing point and diffuse source pollution from agriculture.				High
(41)	Where financial resources are available and to the greatest possible extent, introduce appropriate economic incentives to reduce nutrient emissions from agriculture.				High / Medium
(42)	Develop and expand the capacity of national agricultural extension services for promoting the control of agricultural pollution.				High
(43)					Medium
(44)	Develop/define BAT for the design and operation of large-scale agro-industrial livestock production units, including pig and poultry farms with no land.				High / Medium
(45)	All BS states agree to implement provisions of the LBSA Protocol to the BS Convention.				High
(46)	Strengthen enforcement of national/regional and international regulations on land–based pollution sources.				High / Medium
(47)	Develop economic incentive mechanisms for chemical pollution control.				High / Medium
(48)	Introduce and disseminate the concept of BAT and BEP as a tool for encouraging farmers to deliver the highest level of on-farm pollution control.				High
(49)	Introduce BAT and BEP for the most polluting industries and activities in all BS countries.				High / Medium
(50)	Harmonise environmental quality standards throughout the Black Sea region and elaborate regionally agreed criteria for assessment of the state of the Black Sea environment.				High
(51)	Develop/improve the existing monitoring system to provide comparable data sets for pollutant loads (from direct discharges and river inputs) and for other parameters.				High
(52)	Improve the “List of Black Sea-specific priority pollutants” to help target monitoring priorities.				High / Medium
(53)	Continue/improve rehabilitation /construction and monitoring of wastewater treatment plants.				High / Medium
(54)	Optimise and/or increase resources to regulatory and enforcement bodies responsible for pollution control and improve capacity through targeted training programmes.				High / Medium
(55)	Adopt the Black Sea Contingency Plan to the Protocol on Cooperation in Combating Pollution of the Black Sea by Oil and Other Harmful Substances in Emergency Situations (Part I – Response to oil pollution).				High / Medium
(56)	Develop and adopt Part II (Chemical Plan) of the Black Sea Contingency Plan to the Protocol on Cooperation in Combating Pollution of the Black Sea by Oil and Other Harmful Substances in Emergency Situations.				High / Medium
(57)	Establish an inter-state ministerial mechanism to enable a quick response to major pollution events.				High / Medium
(58)	Adopt and enforce relevant international legal instruments for safety navigation, pollution prevention, limitation of liability and compensation.				High / Medium
(59)	Improve regulations/ management of dredging / dumping activities.				Medium
(60)	Provide adequate port reception facilities for ship-generated wastes according to MARPOL 73/78, Annex I, IV, V.				High / Medium
(61)	Establish a harmonised fee/cost recovery system on ship-generated waste.				High / Medium
(62)	Develop systems for the identification of illegal pollution sources from vessels and off-shore installations.				Medium
(63)	Develop/establish a harmonised enforcement system in cases of illegal discharges from vessels and off-shore installations, including technical means and fines.				High / Medium
(64)	Develop a common system of claims management for pollution damages compensation.				Medium
(65)	Assess the need to develop a legal framework for assessment of the transportation of hazardous wastes in line with Basel Convention.				High / Medium

In addition, having regard to the ecosystem approach, the following recommendations are made to competent authorities on fisheries management.

(2)	Harmonise and improve methodologies for the collation of fisheries statistic data and for assessment of the fish stocks at a regional level				High
(3)	Increase resources to regulatory bodies responsible for fisheries management				Medium
(4)	Improved regionally-agreed system to match fishing effort to stocks				High
(5)	Ban non–precautionary fishing technologies				High/ Medium
(6)	Introduce instruments including management, economic and legal to ensure increased production from environmentally friendly mariculture to encourage a decrease in fishing effort.				High / Medium
(7)	Develop regulations aimed at decreasing by-catch level				High / Medium
(8)	Elaborate and implement measures for increasing of the fish recruitment for the protection of juvenile commercial fish.				Medium
(9)	Minimise ghost fishing caused by discarded, abandoned or lost fixed and floating nets, including those used in illegal/unregulated fishing activities				Medium

3.4 Cross-cutting issues in the Black Sea

A number of cross-cutting issues in the Black Sea will also need to be addressed in order for the EcoQOs to be successfully achieved. These include:

• Capacity strengthening for enforcement (pollution, alien species, fisheries management)
• Improved public engagement (see Section 3.5)
• Strengthen the regional coordinating role of the Commission on the Protection of the Black Sea against Pollution (see Section 3.6)
• Climate change.

These issues have not necessarily been dealt with by inclusion as Management Targets under all of the Ecological Quality Objectives (Section 3.3).

Stakeholder involvement (improved public engagement) is seen as being particularly important in addressing agriculture-derived pollution (POPs and nutrients), fishing activities and the introduction/acceptance of the BAT and BEP principle by industry representatives.

The Causal Chain Analyses in the 2007 Black Sea TDA found climate change to be a contributory factor to all four transboundary problems, but not an immediate or underlying cause. Moreover, the causes of climate change are global, so need to be addressed primarily at a global, rather than a regional level, albeit with national targets set to tackle the issue. For this reason, climate change is included only in Management Target 13 (Annex 3), with the intention only to investigate the impacts of this phenomenon.

3.5 Stakeholder engagement

Full public involvement is required at all levels in order to successfully implement the Bucharest Convention. Barriers to public engagement including linguistic, legal, operational, as well as differing perspectives among stakeholders, politicians and policy makers, need to be overcome to achieve wider public “buy-in” to the aims and achievements of the Black Sea Commission. This will continue to be done through awareness-raising activities (e.g. the celebration of International Black Day) and improved outreach programmes, such as regional information networks and information exchange mechanisms. However, it needs to be acknowledged that effective engagement of civil society in planning, management and decision-making can only be accomplished by on-going encouragement, strengthened capacities, and financial commitment by donors and countries.

3.6 Institutional organisation of the BSC and subsidiary bodies

With the end of 15 years of GEF-UNDP financial and technical support for the operation of the Commission and its subsidiary bodies, there is a need to revise and restructure the staffing and operation of the Permanent Secretariat, whilst increasing the effectiveness of the Advisory Groups and Activity Centres.

3.6.1. The CommissionThe Black Sea Commission shall take a proactive role in promoting the objectives of the BS SAP and improving the visibility of the Black Sea Commission.

3.6.2.The Permanent SecretariatStrengthening of the Permanent Secretariat is of paramount importance for the implementation of the provisions of the Convention and the BS SAP. The Black Sea coastal states consider essential to manage the responsibilities and work load and will ensure support to have fully staffed and highly operational Permanent Secretariat.

3.6.3. The Advisory Groups and Activity Centres Contracting Parties shall further support and strengthen the institutional capacity of the Advisory Groups and Activity Centers. The role of these bodies will be analysed and if necessary enhanced to ensure effective implementation of the SAP and the Convention.

4.1 Legal framework

Coastal countries’ activities in the field of environmental protection of the Black Sea are regulated under the Convention on the Protection of the Black Sea against Pollution, its Protocols and other relevant national/international legislation. The Black Sea countries are also bound by international environmental agreements and conventions. A large number of conventions and agreements have been signed and ratified by all six countries, providing a good basis for improvement of transboundary cooperation. International / transboundary cooperation is also supported through bi/tri-lateral agreements.

Bulgaria, Romania and Ukraine are also parties to the Danube River Protection Convention, which forms the overall legal instrument for cooperation and transboundary water management in the Danube River Basin. All Black Sea countries are members of the Black Sea Economic Cooperation Organization, where the cooperation is ensured through a Memorandum of Understanding. Being members of the European Community Bulgaria and Romania have expressed the need to ensure the full participation of the European Community in the BSC and the issue will be addressed in accordance with the procedures under the Convention.

There are a number of regional economic organizations with which the Black Sea countries may cooperate in achieving the goals of the SAP.

Changes of the present legal framework are expected to occur at the regional level. These changes may include: ratification by all six countries of the 2003 Black Sea Biodiversity and Landscape Conservation Protocol, adoption and ratification of the Protocol on the Protection of the Marine Environment of the Black Sea from Land-Based Sources and Activities and of the Legally Binding Document on Fisheries. In addition, the 1996 BS SAP is replaced by updated BS SAP 2009, following political negotiations and ministerial agreement. Implementation of regional (and wider international) agreements and policies into national legislation requires the formation of national management structures, for example, Inter-Ministerial Coordination Committees.

In order to strengthen and coordinate regional cooperation related to the transboundary problems of chemical pollution, changes in habitats, biodiversity and marine living resources and eutrophication, all six coastal countries shall endeavour to:

• Agree on negotiated amendments to the Bucharest Convention
• Sign and ratify the 2003 Biodiversity Protocol by all Contracting Parties to the Bucharest Convention
• Adopt and ratify the Revised LBSA Protocol
• Finalise and present for negotiations and signing the legally binding document on Fisheries
• Join other relevant global/regional conventions and harmonize with relevant international and regional policies, where applicable.
• Improve enforcement of relevant national environmental legislation

4.2 Institutional framework

Following agreement at Ministerial level, national implementation of the SAP shall be the responsibility of the governments of the Black Sea Countries and coordination of the its implementation at the regional level shall be entrusted to the Commission on the Protection of the Black Sea Against Pollution.

Black Sea Countries agree to:

• Establish and/or strengthen national Inter–Ministerial Coordination Committees to ensure integration of the SAP objectives into national plans
• Appoint/nominate, under the leadership of the Members of the Black Sea Commission, BS SAP National Focal Points, (NFPs) to be responsible for the national coordination and monitoring of BS SAP implementation
• Develop or incorporate into existing national plans (Black Sea National Action Plans or National Environmental Action Plans) activities in accordance with the targets agreed in the BS SAP 2009

• Ensure necessary expert support to the BSC Advisory Groups as it deems necessary. If additional expertise is required to provide in country support to the focal points of the Black Sea Commission Members
• Nominate the national institutions to provide data/information to the BSC focal points and consequently to the BSC Permanent Secretariat; the provided data/information shall be validated by the National Focal Point and supervised by the BS Commissioner.

At the regional level, SAP implementation will be coordinated by the BS Commission supported by BSC Permanent Secretariat, BSC Advisory Groups and Activity Centres as in kind contribution of the Black Sea coastal states. Additional funding for SAP implementation should be sought from both public and private sectors. The Permanent Secretariat will need to maintain close communication with the NFPs, who should report annually to the BS Commission on SAP implementation status at national levels. In implementing the requirements of this document, it is expected that the BSC will act as:

• The political body developing regional environmental standards, approaches and methodologies, guidance of its own and regulations/guidelines supplementary to measures imposed by other international organisations
• The supervisory body dedicated to ensuring that SAP provisions are fully implemented by all parties throughout the Black Sea region
• The regional body responsible for supplying information to stakeholders on:

i) The state of/trends in the marine environmentii) The efficacy of measures to protect itiii) Common initiatives and positions which could form the basis for cooperation and decision-making in other international fora

5.1. National financing

Reliable funding is essential for the implementation of BS SAP. Domestic finances, both public and private, shall remain the major source of environmental protection funding in the Black Sea countries. Countries shall actively develop Public-Private Partnerships and other innovative approaches to the delivery of traditionally state-owned environmental services such as water resource management or municipal environmental infrastructure. Specific national funding arrangements for the implementation of BS SAP shall be reflected in national strategic policy documents: National BS Action Plans or National Environmental Action Plans.

5.2. International assistance

There are strong reasons for continuing the international financial assistance for the protection of the Black Sea environment. International assistance still plays an important catalytic role in overall regional cooperation. The expansion of the EU in the region has had a major impact, resulting in new opportunities for better environmental management and accessing environmental finances. The new EU Neighbourhood and Partnership instrument provides new opportunities for enhanced transboundary cooperation and access to additional finances. The priorities and approaches of donors and IFIs in the Black Sea region have steadily evolved since bilateral donors are progressively scaling down their programmes in the area, while IFIs have increased their assistance in the form of loans. Taking into account this fact, strengthening and building of the project development capacity, at both national and sub-national levels, and donor coordination are essential. Donors have also made important progress in developing more coordinated and strategic ways of working together, for example through EU multi-donor initiatives such as the Danube and Black Sea Task Force (DABLAS). One of the key challenge for the years to come will include the scale up and disseminate the positive experiences from donor and IFI past projects, especially from GEF funded BSEP and BSERP.

6.1 Remuneration

1. The salaries of the Secretariat staff will be determined by the Commission.

2. The payment of salaries and other remuneration shall be effectuated in US$ .

3. The members of the Secretariat staff shall receive 75 % max. of annual tuition cost for each dependent child not exceeding $ 1000 only for the professional staff.

4. Staff members shall be entitled to an allowance for each dependent child under 18 years of age and if the education of the child is continuing without any interruption up to the age of 23. The amount of this allowance will be fixed by the Commission.

5. Staff members (including dependent family members) arriving from outside or moving from the venue of the headquarters will receive removal/installation expenses.

6. A housing subsidy will be accorded to the staff members depending on the service category of their posts. This amount will be fixed by the Commission upon the proposal of the Executive Director.

7. Upon termination of employment, one month’s salary will be paid for each year of service of a staff member as indemnity payment.

8. In case of physical incapacity or death of a staff member, a one month salary, together with payment for accrued leave, shall be paid to his/her family, in addition to the above indemnity payment.

9. The Commission shall compensate all taxes of the Permanent Secretariat staff levied on salaries and other emoluments paid to them by the Commission when such are due pursuant to the tax legislation of the Contracting Parties.

6.2 Social Security

1. For the purposes of these rules the family of any staff member means the staff member, spouse and dependent children under age 18 and if the education of the child is continuing without any interruption up to the age of 23, unless specified otherwise.

2. The staff member and his/her family will get medical insurance.

3. The staff member may be granted a sick leave provided that they submit a medical certificate. If the staff member does not present a medical certificate for each day a corresponding amount will be deducted from his/her salary.

6.3 Allowances

1. Official duty travel expenses and hotel accommodations shall be paid from the Secretariat’s budget if they are not covered by the host country. For this purpose, per-diems shall be paid according to the United Nations scale.

2. A representation allowance will be accorded once a year to the Executive Director as decided by the Commission.

The titles of the Commission and the Convention in the title or in the text may change with respect to amendments of the Convention.

RULE 1  REPRESENTATION

1. Each Contracting Party to the Convention on the Protection of the Black Sea Against Pollution (hereinafter referred to as “the Convention”) shall be represented in the Commission on the Protection of the Black Sea Against Pollution (hereinafter referred to as “the Commission” - Article 17 Item 1 of the Convention), by one representative (hereinafter referred to as “the Commissioner”) appointed by his/her Government. The Ministries of Environment or the equivalent authorities in the Contracting Parties shall officially inform the Permanent Secretariat of the Commission (hereinafter referred to as “Permanent Secretariat” on the Contracting Parties’ decisions for appointment or substitution of the Commission members (including the Chairman). The Commissioner may be accompanied by Alternate Representatives, Advisers and Experts. 

2. Upon the decision of the Commission, the Government of any state non-Party to the Convention, any international, inter-governmental and non-governmental and other organizations, may be invited to the meetings of the Commission.

3. Upon the Commission’s discretion the countries non-Parties to the Convention and/or any international, intergovernmental and non-governmental organization whose activities have significant impact on the Black Sea marine and coastal environment or due to their substantial contribution to the protection of the Black Sea environment may be granted the observer status to the Commission.

4. General conditions for granting observer status are described in the Annex of these Rules of Procedure.

5. The Permanent Secretariat shall, within the appropriate line of the budget adopted by the Commission, invite representatives of the Advisory Groups and/or other subsidiary bodies established by the Commission to the meetings of the Commission, if so required by the Agenda.

7. The Permanent Secretariat may, within the quota of the budget adopted by the Commission, and after informing the Chairman, designate representatives to participate in the activities of other international organizations.

RULE 2  CHAIRMANSHIP

1. The Chairmanship of the Commission shall be assumed by each Contracting Party in turn, in alphabetical order of the names of the Contracting Parties in English.

The Chairman shall serve for a period of one year and during his/her term he/she cannot act in the capacity of Commissioner of his/her 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.

2. In addition to exercising the powers and duties conferred upon him elsewhere in these Rules of Procedure, the powers and duties of the Chairman shall be:

a) to convene the regular and extraordinary meetings of the Commission;

b)  to declare the opening and closing of each meeting of the Commission;

c)  to preside at all the meetings of the Commission;

d)  to ensure observance of these Rules of Procedure and to decide all questions of order raised at meetings of the Commission;

e)  generally, to make such decisions and give such directions to the Executive Director of the Permanent Secretariat which will ensure, especially in the interval between the meetings of the Commission, that the business of the Commission is carried out efficiently and in accordance with its decisions;

f)  to represent the Commission in relation to international organizations;

g)  to invite any person or representative of any organization to the regular meeting of the Commission.

RULE 3  MEETINGS OF THE COMMISSION

1. The Commission shall hold a regular meeting for decision-making at least once a year. The Commission, at its regular meetings shall inter alia :

a)  Adopt a Work Programme and a Budget for the following financial period;

b)  Adopt a Provisional Budget for the financial period following thereafter;

c)  Approve a three-year Budget Estimate;

d)  Approve the Auditor’s Report for the previous financial period;

e)  Determine the date of the next regular meeting;

f)  Consider and decide as appropriate on the issues on the Agenda.

The Commission may decide to hold a closed session. Only members of the delegations of the Contracting Parties shall participate in the closed sessions.

2. An extraordinary meeting of the Commission shall be convened at any time by the Chairman at the request of any Contracting Party. The meeting shall be held as soon as possible at time and place as the Chairman determines, however, not later than 45 days from the date of the submission of the abovementioned request.

3. Invitations to the meetings of the Commission shall be issued on behalf of the Commission by the Permanent Secretariat to all Contracting Parties and to any Government, any inter-governmental organization, any non-governmental and other organizations invited by the Commission.

4. Invitations to the members of the Commission and the representatives of governments and organizations which are observers to the Commission shall be sent at least sixty days before the dates fixed for the opening of the regular meeting.

5. The rest of the invitations shall be sent as soon as the consultations with the Commission members in this regard are finalized.

6. Notwithstanding Rule 2 Item 3(g), the Chairman of the Commission or the Executive Director have the right to invite any person or representative of any organization to attend meetings of the Commission as specially invited guests provided that their participation will contribute substantially to the success of the Commission’s activities.

7. Invitations to extraordinary meetings shall be transmitted by the Permanent Secretariat after the submission of the request by a Contracting Party, not later than thirty days before the date fixed for the opening of the extraordinary meeting.

8. The names of the members of the delegations of the Contracting Parties shall be submitted to the Permanent Secretariat not later than ten days before the date fixed for the opening of any meeting of the Commission.

RULE 4  AGENDA

1.  The Permanent Secretariat shall, in consultation with the Chairman, prepare the provisional agenda for the meetings of the Commission. Contracting Parties may request for items to be included into the provisional agenda. These requests shall be submitted as soon as possible with an explanatory note on the subject and supporting documents, if any.

2.  The provisional agenda and to the extent possible the supporting documents, shall be transmitted by the Permanent Secretariat to the Contracting Parties at least 45 days before the date of the regular meeting and without delay after the submission of the request for the convocation of an extraordinary meeting.

3.  The provisional agenda for a regular meeting shall include:

a)  all items which have been decided by the Commission at its previous meeting;

b)  all items proposed by any Contracting Party;

c)  all items which the Chairman or the Executive Director deem necessary to put in front of the Commission;

d)  all items which have been decided by the Commission after its previous meeting.

4.  The provisional agenda for the extraordinary meeting shall consist of items proposed for consideration in the request for holding of the meeting.

5.  At the beginning of the meeting, the Commission shall adopt the agenda for the meeting. Items may be canceled from  and/or added to the agenda, if the Commission so decides.

RULE 5  SUBSIDIARY BODIES OF THE COMMISSION

1.  The Commission shall establish subsidiary bodies such as Advisory Groups, Ad Hoc Groups, Steering Committees for projects, and others as are necessary. The Commission shall approve the relevant Terms of Reference for these subsidiary bodies.

2.  The Chairpersons of the Advisory Groups will be elected by the members of the respective Advisory Group for a period of two years from the nationals of the Contracting Parties. The Chairperson of the Advisory Group shall report to the Commission and may present the relevant activities at international fora. The Chairpersons of other subsidiary bodies shall be elected from the members of the respective subsidiary body. A Chairperson of a subsidiary body may be appointed by the Commission.

3.  The subsidiary bodies of the Commission may, after consultations with the Chairman of the Commission, invite outside specialists to participate in the work of the subsidiary body.

RULE 6 VOTING 

1.  Each Contracting Party shall have one vote in the Commission.

2.  Decisions and recommendations of the Commission shall be adopted unanimously. If, for any reason, some Contracting Parties are not able to attend the meeting, the decision can be adopted with the unanimity of those present and with the subsequent written approval of the Contracting Party(ies) absent. In this case a quorum of 4 (four) Contracting Parties is required.

3.  Between meetings, the Commission may adopt decisions and recommendations by written procedure.

RULE 7  PERMANENT SECRETARIAT

1.  To perform its duties under the Convention in accordance with Article XVII, para 6, the Commission shall be supported by a Permanent Secretariat. The Permanent Secretariat shall be a juridical person.

2. The Permanent Secretariat shall be composed of nationals of the Contracting Parties to the Convention.

3.  The Commission shall nominate and appoint an Executive Director, who is the chief administrative and executive official of the Permanent Secretariat. The Commission shall nominate and appoint other officials of the Permanent Secretariat.

4.  The Executive Director shall appoint the technical staff as provided in the relevant rules adopted by the Commission.

5.  In addition to exercising the powers and duties conferred onit elsewhere in these Rules of Procedure, the Permanent Secretariat, under the supervision of the Executive Director, who is accountable before the Commission, shall: 

a)  coordinate the implementation of the Work Programme of the Commission;

b)  make necessary arrangements and provide relevant assistance for holding of the meetings of the Commission, its Advisory Groups and other subsidiary bodies as well as for holding of other relevant events;

c)  prepare the appropriate documentation in accordance with Rule 9 of these Rules of Procedure; and

d)  perform other tasks entrusted to the Permanent Secretariat by the Commission.

RULE 8  LANGUAGE OF THE COMMISSION

The official language of the Commission shall be English.

RULE 9  RECORDS AND REPORTS

1.  The Permanent Secretariat shall prepare an annual report to the Commission on the implementation of the Work Programme of the Commission.  The report shall be sent at least forty five days before the date fixed for the regular meeting of the Commission.

2.  The Advisory Groups shall produce annual reports presenting the activities in accordance with their Terms of Reference in implementation of the Strategic Action Plan for the Environmental Protection and Rehabilitation of the Black Sea (2009) and respective Work Programme(s) of the Commission. These reports shall be submitted by the Chairpersons of the Advisory Groups to the Permanent Secretariat not later than sixty days before the date fixed for the meeting of the Commission.

3. A report on the outcomes of the meeting of the subsidiary bodies shall be prepared at the end of the meeting by the Permanent Secretariat and submitted to the Commission. The minutes of the meeting shall be prepared as soon as possible, but not later than thirty days after the end of the meeting.

4. After a meeting of the Commission, the Permanent Secretariat shall prepare a meeting report comprising of all decisions and recommendations adopted during the meeting and minutes of the meeting. The Permanent Secretariat shall prepare the minutes of the meeting within thirty days for approval of each Contracting Party. The Permanent Secretariat shall submit the meeting report to the members of the Commission, observers and other participants. The report on the closed session of the meeting of the Commission shall be sent to the Contracting Parties only.

5. The Permanent Secretariat shall organize every five years the preparation of a report on the Implementation of the Strategic Action Plan for the Environmental Protection and Rehabilitation of the Black Sea (2009) and a Report on the State of Environment of the Black Sea. The modalities of this work shall be determined by the Commission.

RULE 10  AMENDMENTS TO THE RULES OF PROCEDURE

1.  These Rules of Procedure may be amended by the Commission by unanimous decision.