Protocol on Protection of the Black Sea Marine Environment Against Pollution from Land Based Sources 21 April 1992 Article 1 In accordance with Article VII of the Convention, the Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the marine environment of the Black Sea caused by discharges from land-based sources on their territories such as rivers, canals, coastal establishments, other artificial structures, out falls or run-off, or emanating from any other land-based source, including through the atmosphere. Article 2 For the purposes of this Protocol, the fresh water limit means the landward part of the line drawn between the endpoints on the right and the left banks of a water course where it reaches the Black Sea. Article 3 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-watercourses, up to the fresh-water limit. Article 4 The Contracting Parties undertake to prevent and eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in Annex I to this Protocol. The Contracting Parties undertake to reduce and, whenever possible, to eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in Annex II to this Protocol. As to water courses that are tributaries to the Black Sea, the Contracting Parties will endeavour to cooperate, as appropriate, with other States in order to achieve the purposes set forth in this Article. Article 5 Pursuant to the provisions of Article XV of the Convention, each Contracting Party shall carry out, at the earliest possible date, monitoring activities in order to assess the levels of pollution, its sources and ecological effects along its coast, 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 6 In conformity with Article XV of the Convention, the Contracting Parties shall cooperate in elaborating common guidelines, standards or criteria dealing with special characteristics of marine out falls and in undertaking research on specific requirements for effluents necessitating separate treatment and concerning the quantities of discharged substances and matter listed in Annexes I and II, their concentration in effluents, and methods of discharging them. The common emission standards and timetable for the implementation of the programme and measures aimed at preventing, reducing or eliminating, as appropriate, pollution from land-based sources shall be fixed by the Contracting Parties and periodically reviewed for substances and matter listed in Annexes I and II to this Protocol. The Commission shall define pollution prevention criteria as well as recommend appropriate measures to reduce, control and eliminate pollution of the marine environment of the Black Sea from land-based sources. The Contracting Parties shall take into consideration the following: a) The discharge of water from municipal sewage systems should be made in such a way as to reduce the pollution of the marine environment of the Black Sea. b) The pollution load of industrial wastes should be reduced in order to comply with the accepted concentrations of substances and matter listed in Annexes I and II to this Protocol. c) The discharge of cooling water from nuclear power plants or other industrial enterprises using large amounts of water should be made in such a way as to prevent pollution of the marine environment of the Black Sea. d) The pollution load from agricultural and forest areas affecting the water quality of the marine environment of the Black Sea should be reduced in order to comply with the accepted concentrations of substances and matter listed in Annexes I and II to this 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. Annex I Hazardous Substances and Matter The following substances or groups of substances or matter are not listed in order of priority. They have been selected mainly on the basis of their toxicity, persistence and bioaccumulation characteristics. This Annex does not apply to discharges which contain substances and matter listed below that are below the concentration limits defined jointly by the Contracting Parties, not exceeding environmental background concentrations. 1. Organotin compounds. 2. Organohalogen compounds e.g. DDT, DDE, DDD, PCB's. 3. Persistent organophosphorus compounds. 4. Mercury and mercury compounds. 5. Cadmium and cadmium compounds. 6. Persistent substances with proven toxic carcinogenic, teratogenic or mutagenic properties. 7. Used lubricating oils. 8. Persistent synthetic materials which may float, sink or remain in suspension. 9. Radioactive substances and wastes, including used radioactive fuel. 10. Lead and lead compounds. Annex II Noxious Substances and Matter The following substances and matter have been selected mainly on the basis of criteria used in Annex I, while taking into account the fact that they are less harmful or more readily rendered harmless by natural processes. The control and strict limitation of the discharges of substances and matter referred to in this Annex shall be implemented in accordance with Annex III to this Protocol. 1. Biocides and their derivatives not covered in Annex I. 2. Cyanides, flourides, and elemental phosphorus. 3. Pathogenic micro-organisms. 4. Nonbiodegradable detergents and their surface-active substances. 5. Alkaline or acid compounds. 6. Thermal discharges. 7. Substances which, although of a non-toxic nature, may become harmful to the marine biota owing to the quantities in which they are discharged e.g. inorganic phosphorous, nitrogen, organic matter and other nutrient compounds. Also substances which have an adverse effect on the oxygen content in the marine environment. 8. The following elements and their compounds: Zinc Selenium Tin Vanadium Copper Arsenic Barium Cobalt Nickel Antimony Beryllium Thallium Chromium Molybdenum Boron Tellurium Titanium Uranium Silver 9. Crude oil and hydrocarbons of any origin. Annex III The discharges of substances and matter listed in Annex II to this Protocol shall be subject to restrictions based on the following: 1. Maximum permissible concentrations of the substances and matter immediate before the outlet; 2. Maximum permissible quantity (load, inflow) of the substances and matter per annual cycle or shorter time limit; 3. In case of differences between 1 and 2 above, the stricter restriction should apply. When issuing a permit for the discharge of wastes containing substances and matter referred to in Annexes I and II to this Protocol, the national authorities will take particular account, as the case may be, of the following factors: A. CHARACTERISTICS AND COMPOSITION OF THE WASTE 1. Type and size of waste source (e.g. industrial process). 2. Type of waste (origin, average composition). 3. Form of waste (solid, liquid, sludge, slurry). 4. Total amount (volume discharged e.g. per year). 5. Discharge pattern (continuous, intermittent, seasonally variable, etc.). 6. Concentrations with respect to major constituents, substances listed in Annex I, substances listed in Annex II, and other harmful substances as appropriate. 7. Physical, chemical and biological properties of the waste. B.CHARACTERISTICS OF WASTE CONSTITUENTS WITH RESPECT TO THEIR HARMFULNESS 1. Persistence (physical, chemical, biological) in the marine environment. 2. Toxicity and other harmful effects. 3. Accumulation in biological materials and sediments. 4. Biochemical transformation producing harmful compounds. 5. Adverse effects on the oxygen contents and balance. 6. Susceptibility to physical, chemical and biochemical changes and interaction in the marine environment with other seawater constituents which may produce harmful biological or other effects on any of the uses listed in section E below. C. CHARACTERISTICS OF DISCHARGE SITE AND RECEIVING MARINE ENVIRONMENT 1. Hydrographic, meteorological, geological and topographic characteristics of the coastal area. 2. Location and type of discharge (outfall, canal, outlet, etc.) and its relation to other areas (such as amenity areas, spawning, nursery and fishing areas, shellfish grounds) and other discharges. 3. Initial dilution achieved at the point of discharge into the receiving marine environment. 4. Dispersal characteristics such as the effect of currents, tides and winds on horizontal transport and vertical mixing. 5. Receiving water characteristics with respect to physical, chemical, biological and ecological conditions in the discharge area. 6. Capacity of the receiving marine environment to receive waste discharges without undesirable effects. D. AVAILABILITY OF WASTE TECHNOLOGIES The methods of waste reduction and discharge for industrial effluents as well as household sewage should be selected taking into account the availability and feasibility of: a) Alternative treatment processes; b) Recycling, re-use, or elimination methods; c) On-land disposal alternatives; and d) Appropriate clean and low-waste technologies. E. POTENTIAL IMPAIRMENT OF MARINE ECOSYSTEMS AND SEA-WATER USES 1. Effects on human life through pollution impact on: a) Edible marine organisms; b) Bathing waters; c) Aesthetics. Discharges of wastes containing substances and matter listed in Annexes I and II shall be subject to a system of self-monitoring and control by the competent national authorities. 2. Effects on marine ecosystems, in particular living resources, endangered species, and critical habitats. 3. Effects on other legitimate uses of the sea.