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Page 1: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 2: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 3: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

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

Bulgaria 300 km Georgia 310 km Romania 227 km Russia 475 km Turkey 1,400 km Ukraine 1,628 km

Page 4: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 5: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 6: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

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

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

Page 7: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 8: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 9: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 10: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 11: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 12: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

Place and conditions of accident

Heavy storm/shallow waters

Wind – 35 m/sWaves – 5 m

Kerch Strait Accidents

Page 13: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 14: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

1994 M/T Nassia - M/V Ship Broker collision

Page 15: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

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 beaches

Nutrient over-enrichment/eutrophication (P)

Page 16: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

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

Page 17: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

International Legal Framework 1982 LOSC and Articles 122-123 for enclosed and semi-enclosed seas

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 1992 CBD 1979 Bonn Conservation of Migratory Species of Wild Animals

ACCOBAMS/ASCOBAMS CITES 1971 RAMSAR Convention on Wetlands 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage

Public Participation 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 UNFCC Kyoto Protocol

Marine Environment/Maritime 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

Page 18: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 19: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

Black Sea regional framework for protection of the environment– 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

• Protocol on Cooperation in Combating Pollution of The Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situation

• Protocol on The Protection of The Black Sea Marine Environment Against Pollution by Dumping

• 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• 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)

• Draft revised LBS Protocol• Draft Proposed Work Programme to Enhance the Implementation of the Black Sea

LBS Protocol Taking into Consideration the GPA Objectives• Draft Strategic Plan for the Black Sea Biodiversity Conservation Plan• Draft (Legally Binding) Fisheries Document• Draft Policy on Marine Protected Areas in the Black Sea

• 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)

Page 20: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

Vessel-Source commitments

Page 21: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

Black Sea regional institutional

– Black Sea Commission established by the Bucharest Convention– Secretariat (Istanbul)– Advisory Groups

– 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).

Page 22: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 23: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 24: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

Bucharest Convention Article XI-Pollution from activities on the continental shelfContracting 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 possible- and- to cooperate to harmonize such measures.

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.]

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.

  

Page 25: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 26: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

Overlaps with the Black Sea

Non-overlap with the Black Sea

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)

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)

Page 27: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre

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 assistanceAND

Mediterranean Commission on Sustainable Development work on climate change polices Renewable energy

Page 28: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
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IMO adopted PSSA for the Baltic Sea in 2005 (except Russian waters)– 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

Page 30: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 31: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
Page 32: 1 ST COST TRAINING SCHOOL ON INTERNATIONAL ENVIRONMENTAL NEGOTIATION AS A GOVERNANCE PROCESS Athens, 23-27 November 2009 Glyfada Conference Centre
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"The Mediterranean monk seal in the northern Black Sea (photo by Victor and Elena Zinko, Ukraine, May 2005)"