Annex V

Draft Revised LBSA ProtocolConcept & Principal Elements

Dr. Sergei Vinogradov

National Workshop for Ukraine in Support of Capacity-Building of National and Local Authorities Responsible for the Implementation of the LBSA

Protocol to the Bucharest ConventionOdessa, 1-2 March 2007

Grounds for the revision

Outdated substance and legal form of the existing Protocol Problems encountered throughout the region in implementing the

Protocol Priorities accorded to certain pollutant categories do not coincide

with actual problems of the Black Sea (e.g. nutrients) Impact of the 1995 GPA & other relevant regional instruments The EU accession process made compliance with the EU Framework

Water Directive a compulsory requirement for at least in three out of the six coastal countries (Bulgaria, Romania and Turkey)

Need to better incorporate and address the negative impacts caused by activities beyond the coastal countries

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Process of the revision

First Consultative meeting (December 2003) – decisions: To revise the existing Protocol To review (and expand) the geographical scope To harmonize regional and national measures & activities

Second Consultative meeting (May 2004) – decision: To accept the concept & principal elements of the new

protocol 1 draft – June 2004

Submitted for comments to LBS AG 2 draft – August 2004

16 September – submitted to UNON, BSERP & BSC-PS Draft approved by 11th meeting of the BSC, summary of

comments sent to UNEP/GPA (Dec. 2005) 3 draft – prepared in July 2006 and submitted to BSERP-PIU

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General concept of the revised LBSA Protocol

Modern approach Account of new principles & notions of

environmental law Account of international practice (especially 1995

GPA, 1996 Mediterranean Protocol, 1992 Helsinki Convention and 1992 OSPAR Convention)

Account of special characteristics of the region Adequate geographical and substantive scope Proper terminology More detailed rights and obligations of the

Contracting Parties4

Preamble

LBS Protocol 1992 Revised LBSA Protocol

None Preamble is included with reference to the intentions of the Contracting Parties, specific problems of the regional sea & relevant international instruments

Purpose (Objectives)

LBS Protocol 1992 Revised LBSA Protocol

No Article 1. Purpose of the Protocol

The purpose of this Protocol is to prevent, control and to the maximum extent possible eliminate pollution from land-based sources and activities in order to achieve and maintain a good ecological status of the Black Sea, including its marine and coastal ecosystems.

Definitions

LBS Protocol 1992 Revised LBSA ProtocolArticle 2

Fresh water limit

Art. 2

A number of definitions including inter alia:Best available techniques and best environmental practiceCoastal areaHot spotEmission controlsEmission limit valuesEnvironmental quality standard

Environmental quality objective Point sources Diffuse sources

Scope of application

LBS Protocol 1992 Revised LBSA Protocol

Article 3 = Limited

This protocol shall apply to the Black Sea as defined in Article I of the Convention and to the waters landward of the baselines from which the breadth of the territorial sea is measured and in the case of fresh-water courses, up to the fresh-water limit

Article 3

Definition of the scope based on a combination of two criteria: geographical or spatial (area to be protected) and functional (pollution sources and activities to be controlled)

General obligations LBS Protocol 1992 Revised LBSA Protocol

Articles 1 & 4Take all necessary measuresto prevent, reduce and control land-based pollution Prevent and eliminate pollution by Annex I substances Reduce and, whenever possible, eliminate pollution by Annex II substances Cooperation on tributaries

Article 4Includes a range of general obligations and principles governing Parties’ conduct

Measures of Implementation

LBS Protocol 1992 Revised LBSA Protocol

Not determined Art. 5: Detailed provisions-National & regional programmes and plans of action-Specific pollution and emission control measures-Utilization of BAT and BEP-Designation of a national authority responsible for coordination of national implementation

Common guidelines and standards

LBS Protocol 1992 Revised LBSA ProtocolArticle 6Cooperate in elaborating common guidelines, standards or criteria dealing with special characteristics of marine outfalls The common emission standards and timetable for the implementation of the measures shall be fixed and periodically reviewed The Commission shall define pollution prevention criteria as well as recommend appropriate

measures

Article 6 -- Detailed provisions on:

- The content of common guidelines, standards and criteria- The common emission limit values, environmental quality standards or environmental quality objectives, as well as timetables for the implementation to be included in regional programmes and plans of action

Pollution from point sources

LBS Protocol 1992 Revised LBSA Protocol

No special provision (general reference in Art. 6)

Special Article 7 and Annexes I & IV

Pollution from diffuse sources

LBS Protocol 1992 Revised LBSA Protocol

No specific provision (cursory reference in Art. 6)

Special Article 8 and Annex II

Transboundary Impacts

LBS Protocol 1992 Revised LBSA Protocol

No specific provision

Article 10

Deals with various situations involving transboundary impact

Monitoring

LBS Protocol 1992 Revised LBSA Protocol

Article 5 Carry out monitoring activities in order to assess the levels of pollution, its sources and ecological effects, in particular with regard to the substances and matter listed in Annexes I and II to this Protocol.

Additional research will be conducted upstream of river sections in order to investigate fresh/salt water interactions.

Article 11 Information and Data Collection, Monitoring and Assessment

- A wide range of specific obligations, measures and activities

Environmental Impact Assessment

LBS Protocol 1992 Revised LBSA Protocol

None (Applicable Article XV of the Convention)

Article 12 Environmental Impact Assessment

- Specific obligations concerning EIA

Exchange of information

LBS Protocol 1992 Revised LBSA Protocol

No specific provision; general reference to information exchange in Art. 7

Specific and detailed obligations and activities enlisted in Articles 13 & 19

Public participation

LBS Protocol 1992 Revised LBSA Protocol

No provision Specific provisions in Article 14

Cooperation and assistance

LBS Protocol 1992 Revised LBSA Protocol

No specific provision (applies Convention, Art. XV)

Article 15

Detailed provisions on cooperation and assistance

Compliance

LBS Protocol 1992 Revised LBSA Protocol

Article 7 The Contracting Parties shall inform one another through the Commission of measures taken, results achieved or difficulties encountered in the application of this Protocol. Procedures for the collection and transmission of such information shall be determined by the Commission.

A combination of obligations under Article 16 (Reporting) and 17 (Compliance)

Funding

LBS Protocol 1992 Revised LBSA Protocol

No specific provision (general reference in Art. XXIII of the Convention)

Article 18

Detailed obligations concerning financial aspects of the Protocol implementation

Institutional aspects of the Protocol implementation

LBS Protocol 1992 Revised LBSA Protocol

Responsibilities of the Commission mentioned in Articles 6 & 7

Article 19

Detailed provisions concerning respective competencies and responsibilities of the Commission and the Secretariat

Final clauses

LBS Protocol 1992 Revised LBSA Protocol

Absent Article 23

Annexes

LBS Protocol 1992 Revised LBSA Protocol

Annex IHazardous Substances and MatterAnnex IINoxious Substances and MatterAnnex III (A. Characteristics and composition of the waste; B. Characteristics of waste constituents with respect to their harmfulness; C. Characteristics of discharge site and receiving marine environmen6t; D. Availability of waste technologies; E. Potential impairment of marine ecosystems and sea-water uses)

5 Annexes developing further certain provisions of the Protocol