Transcript Governance of Marine Environment in the Black Sea

1ST COST TRAINING SCHOOL
ON
INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A
GOVERNANCE PROCESS
Athens, 23-27 November 2009
Glyfada Conference Centre
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The Black Sea, with the adjoining Azov Sea, forms an enclosed basin with a
catchment area of over 2 million km2
Every year, about 350 km3 of river water pour into the Black Sea from an
area covering almost a third of continental Europe
Surface area of the Black Sea is about 386,000 km2
Water volume 546,700 km3
Maximum depth of 2,206 m in the Euxine abyssal plain just south of Yalta
The Black Sea shoreline 4,340 km long
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Bulgaria 300 km
Georgia 310 km
Romania 227 km
Russia 475 km
Turkey 1,400 km
Ukraine 1,628 km
The most anoxic
The most
environmentally
endangered
The most
poisonous
(hydrogen
sulphide)
The most
isolated from
world ocean
The most
eutrophicated
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Between 1992 and 2008 the amount of oil and oil products being
transported from the Caspian region through the Black Sea and
Turkish Straits to western markets has nearly tripled.
 Proliferation of pipelines and oil terminals in the Black Sea
 Increased offshore activities for exploration and exploitation of
hydrocarbon resources
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CONSEQUENCES
 Increase risk of accidental spills (November 2007 Kerch Strait
accidents)
 Increase risk of operational/illegal discharge
 Increase risk of introduction of harmful alien species through ballast
water
Place and conditions of accident
Kerch Strait Accidents
Wind – 35 m/s
Waves – 5 m
Heavy storm/
shallow waters
1994 M/T Nassia - M/V Ship Broker collision
BLACK SEA TDA 1996
BLACK SEA TDA 2007
Decline in commercial fish stocks
Decline in natural resources (e.g. fisheries) (P)
Loss of habitats –wetlands and shelf areas
Changes in the flow regime from rivers
Introduction of harmful invasive/alien species (ballast water)
Alien species introduction (P)
Maritime accidents
Chemical pollution (including oil) (P)
Loss of biodiversity
Habitat and biodiversity changes (P)
Degradation of the landscape
Coastal erosion
Unsanitary beaches, bathing and shellfish-growing water and Nutrient over-enrichment/eutrophication (P)
beaches
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Poor legal framework at the regional and national level
Inadequate implementation of available regulatory instruments
Inadequate planning at all levels
Insufficient public involvement
Inadequate financial mechanisms and support
I
International Legal Framework
 1982 LOSC and Articles 122-123 for enclosed and semi-enclosed seas
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States are exhorted to cooperate with each other and to either directly or through an appropriate
regional organization to inter alia coordinate management, conservation, exploration and exploitation
on living resources and the implementation of their rights and duties in respect of protection and
preservation of the marine environmental.
Biodiversity/Habitat and species protection
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1992 CBD
1979 Bonn Conservation of Migratory Species of Wild Animals
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CITES
1971 RAMSAR Convention on Wetlands
1972 Convention Concerning the Protection of the World Cultural and Natural Heritage
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Public Participation
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Aarhus Convention on Access to Information, Public Participation in Decision-making and
Access to Justice in Environmental Matters
ESPOO Convention on Environment Impact Assessment in a Transboundary Context
Climate change
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ACCOBAMS/ASCOBAMS
UNFCC
Kyoto Protocol
Marine Environment/Maritime
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Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their Disposal
IMO Conventions, rules and standards
1972 London Dumping Convention and 1996 Protocol
INSTRUMENT
BUL
GEO
ROM
RUS
TUR
UKR
1973/78
MARPOL
ANNEX I-VI
Y
ANNEXES I-V
Y
ANNEXES I-V
Y
ANNEXES I-V
Y
ANNEXES I-V
Y
ANNEXES
I,II,V
Y
ANNEXES I-V
1969/1992/
2000 CLC
Y 1992
Y 1992
Y 1992
Y 1992/’69
Y 1992
Y 1969
1971/1992/
2003 FUND
Y 1992
Y 1992
N
Y 1992/’71
Y 1992
Y 1971
1996 HNS
N
N
N
Y
N
N
1972 LONDON
DUMPING/1996
PROTOCOL
Y 1996
Y 1996
N
Y 1972
N
Y 1972
1990 OPRC
Y
Y
Y
N
Y
N
2000 OPRCHNS
N
N
N
Y
N
N
2001
BUNKER
CLC
Y
N
Y
N
N
N
2001 AFS
Y
N
Y
N
N
N
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Black Sea regional framework for protection of the
environment
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1992 Bucharest Convention on the Protection of the Black Sea Against Pollution and
Protocol On Protection Of The Black Sea Marine Environment Against Pollution From Land
Based Sources
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Protocol on Cooperation in Combating Pollution of The Black Sea Marine Environment by Oil
and Other Harmful Substances in Emergency Situation
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Protocol on The Protection of The Black Sea Marine Environment Against Pollution by
Dumping
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Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the
Protection of the Black Sea Against Pollution, adopted 2003, not yet in force
Drafts
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Resolution 1 adopted 1992 for the Elaboration of a Protocol concerning
transboundary movement of hazardous wastes and cooperation in combating illegal
traffic as a priority (Draft Protocol prepared by RF)
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Draft revised LBS Protocol
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Draft Proposed Work Programme to Enhance the Implementation of the Black Sea
LBS Protocol Taking into Consideration the GPA Objectives
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Draft Strategic Plan for the Black Sea Biodiversity Conservation Plan
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Draft (Legally Binding) Fisheries Document
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Draft Policy on Marine Protected Areas in the Black Sea
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1996 Black Sea Strategic Action Plan as amended in 2002 (new SAP being prepared)
Memorandum of Understanding with ICPDR (Danube River)
Memorandum of Understanding with the European Environmental Agency
Memorandum of Understanding with ACCOBAMS
Black Sea Economic Cooperation (BSEC)
Vessel-Source commitments
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Black Sea regional institutional
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Black Sea Commission established by the Bucharest Convention
Secretariat (Istanbul)
Advisory Groups
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Black Sea Economic Cooperation Organization (BSEC)
– Member States :Russian Federation, Turkey, Ukraine, Bulgaria,
Moldova, Georgia, Armenia, Romania, Greece, Albania, Serbia and
Azerbaijan.
– Parliamentary Assembly of the Black Sea Economic Cooperation
(PABSEC),
– Black Sea Trade and Development Bank (BSTDB)
– International Center for Black Sea Studies (ICBSS).
Decline in commercial fish stocks
• Draft Legally binding Fisheries Instrument
Loss of habitats –wetlands and shelf
areas
• Biodiversity and Landscape Protocol- but Strategy in draft form
• Draft MPA Policy
• NO ICZM Protocol
Introduction of harmful invasive/alien
species (ballast water)
• No regional instrument/ no regional action
Loss of biodiversity
Degradation of the landscape
Maritime accidents
Unsanitary beaches, bathing and
shellfish-growing water and beaches
• Biodiversity and Landscape Protocol - but strategy is still in draft form
• Draft MPA Policy
• NO regional instrument for MPAs
•Biodiversity and Landscape Protocol
•strategy is still in draft form-not yet adopted
•Emergency protocol but NO regional contingency response adopted yet
•July 2007 SULH Oil Response Exercise
•NO ICZM Protocol
IMO Conventions
No regional
coordination center
(REMPEC)
1992 Emergency
Protocol
No Protocol for the
Transboundary
Movement of
Hazardous Wastes
No Regional
Emergency
Contingency Plan
(Not adopted by all six
coastal States)
No Places of Refuge
Guidelines for the
region
No Regional
measures for Ballast
water management
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Bucharest Convention Article XI-Pollution from activities on the continental shelf
Contracting Parties committed to adopting laws and regulations and take measures to
prevent, reduce and control pollution of the marine environment of the Black Sea
caused by or connected with activities on its continental shelf, including the exploration
and exploitation of the natural resources of the continental shelf- as soon as possibleand- to cooperate to harmonize such measures.
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Article XIV- Pollution by hazardous wastes in transboundary movement
Contracting Parties committed to taking all measures consistent with international law
and cooperate in preventing pollution of the marine environment of the Black Sea due
to hazardous wastes in transboundary movement, as well as in combatting illegal traffic
thereof, in accordance with the Protocol to be adopted by them; and
Resolution 1 adopted in 1992
Parties adopted a resolution for and gave priority to preparing and adopting a
Protocol concerning transboundary movement of hazardous wastes and cooperation in
combatting illegal traffic thereof.]
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Article XVI-Responsibility and liability
Contracting Parties committed to cooperating and harmonizing laws for liability for
damaged caused to the marine environment of the Black Sea to ensure the highest
degree of deterrence and protection for the Black Sea as a whole.
Mediterranean
Sea
European
Union
Baltic Sea
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Convention for the Protection and Development of
the Marine Environment and Coastal Region of the
Mediterranean Sea (Barcelona Convention),
Barcelona, 1976 (as amended in 1995), in force
Mediterranean Action Programme (MAP)
Protocol Concerning Cooperation in Preventing
Pollution from Ships and, in Cases of Emergency,
Combating Pollution of the Mediterranean Sea
(Prevention and Emergency Protocol) (in force as
of 17 March 2004
Protocol on the Protection of the Mediterranean
Sea against Pollution from Land-Based Sources
(LBS Protocol) (In force as of 17 June 1983),
amended on 7 March 1996 but has not yet
entered into force
Protocol for the Prevention and Elimination of
Pollution of the Mediterranean Sea by Dumping
from Ships and Aircraft or Incineration at Sea, as
revised in 1995, (in force as of 2004)
Overlaps with the Black
Sea
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Protocol for the Protection of the Mediterranean
Sea against Pollution Resulting from Exploration
and Exploitation of the Continental Shelf and the
Seabed and its Subsoil (Offshore Protocol) , Date
adopted: 14 October 1994 (Madrid, Spain)
Not yet entered into force
Protocol Concerning Specially Protected Areas
and Biological Diversity
in the
Mediterranean (SPA and Biodiversity Protocol)
(entered in force as of 12 December 1999
Protocol on the Prevention of Pollution of the
Mediterranean Sea by Transboundary Movements
of Hazardous Wastes and their Disposal
(Hazardous Wastes Protocol) Date adopted: 1
October 1996 (Izmir, Turkey), In force
Protocol on ICZM in the Mediterranean adopted:
21 January 2008 (not in force yet)
Non-overlap with the Black Sea
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COP 15 Decision examples:
 Decision IG 17/1 Procedures and mechanisms on compliance under the
Barcelona Convention and its Protocols
 Decision IG 17/3: Guidelines for the determination of liability and
compensation for damage resulting from pollution of the marine environment in
the Mediterranean Sea area
 Decision IG 17/5: Implementation of the ecosystem approach to the
management of
human activities that may affect the Mediterranean marine and
coastal environment
 Decision IG 17/9: Guidelines on the decision making process for granting
access to a
place of refuge for ships in need of assistance
AND
 Mediterranean Commission on Sustainable Development
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work on climate change polices
 Renewable energy
1992 the Convention on the Protection
of the Marine Environment of the
Baltic Sea Area, entered into force on
17 January 2000
Annex II Criteria for the use of Best
Environmental Practice and Best
Available Technology
Annex III Criteria and measures
concerning the prevention of
pollution from land-based sources
Annex VII Response to pollution
incidents
2007 Baltic Sea Action Plan
Annex V Exemptions from the
general prohibition of dumping of
waste and other matter in the Baltic
Sea Area
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IMO adopted PSSA for the Baltic Sea in 2005 (except Russian waters)
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Associated Protected Measures adopted include
Areas to be avoided
TSS
Ship emission (SoX) control areas [SECA] established in 2006 (MARPOL Annex VI) for the Baltic Sea
Adopted Action Plan for the protection of the environment from offshore platforms- zero discharge
Adoption of a Ballast Water Management roadmap towards a harmonized implementation and
adoption of the 2004 BWM Convention
Agreement by Baltic States to ratify the 2004 BWM Convention by 2010-1013 at latest .
HELCOM network of ecologically coherent network of MPAs by 2010
Joint action with IMO for amendment to Annex VI of MARPOL for standards for nutrients in sewage
discharges from ships
To be fully prepared for a medium oil spill by 2013 and all hazardous substances by 2016
Improvement of detection system for illegal discharges in the Baltic Sea by satellite and AIS
Agreement by the 9 Baltic States to harmonize minimum amount of administrative fines for violation
antipollution regulations
Marine spatial planning principles and tools by 2012
Economic incentives as a complement to existing regulations to reduce ship-source
emissions
Application of the no special fee system to ship-generated wastes and marine litter caught in
fishing nets in the Baltic sea areas
- W ATER FRAMEWORK
DIRECTIVE
-HABITATS/ BIRD
DIRECTIVES
-COMMON FISHERIES
POLICY
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EU Strategy for
Sustainable
Development
2005 Marine
Thematic Strategy
ICZM Strategy
2002 Marine
Strategy
Communication
2005 Draft Marine
Strategy Directive
2006 Maritime
Strategy [Green
Paper]
2007 Black Sea
Synergy Initiative
Integrated
Maritime Strategy
(Blue Paper)
Develop regional and subregional marine strategies
Apply ICZM principles including marine spatial planning
Strengthen cooperation with regional sea programmes
Use framework of the EU to bolster implementation and enforcement of regional seas conventions
Climate change and air emissions from vessels reduction
Application of ICZM-ecosystem and MSP principles
Implementation and Compliance mechanism
Jointly developed and managed marine protected areas
Harmonization of liability and compensation
PSSA for the Black Sea ( i.e.) Shipping and transport of dangerous substances
Harmonized standards for offshore oil activities regulation at regional level
Climate change
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"The Mediterranean monk seal in the northern Black Sea (photo by Victor and Elena
Zinko, Ukraine, May 2005)"