Convention on the Protection of the Black Sea Against Pollution

 

Article XVI
Responsibility and liability

1. The Contracting Parties are responsible for the fulfillment of their
international obligations concerning the protection and the preservation
of the marine environment 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 marine
environment 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 ensure that recourse is available in
accordance with their legal systems for prompt and adequate compensation
or other relief for damage caused by pollution of the marine environment
of the Black Sea by natural or juridical persons under their
jurisdiction.

4. The Contracting Parties shall cooperate in developing and harmonizing
their laws, regulations and procedures relating to liability, assessment
of and compensation for damage caused by pollution of the marine
environment of the Black Sea, in order to ensure the highest degree of
deterrence and protection for the Black Sea as a whole.

Article XVII
The Commission

1. In order to achieve the purposes of this Convention, the Contracting
Parties shall establish a Commission on the Protection of the Black Sea
Against Pollution, hereinafter referred to as “the Commission”.

2. Each Contracting Party shall be representeT,ONT
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2. The primary function of the meetings of the Contracting Parties shall
be the review of the implementation of this Convention and of the
Protocols upon the report of the Commission.

3. A non-Black Sea State which accedes to this Convention may attend the
meetings of the Contracting Parties in an advisory capacity.

Article XX
Adoption of amendments to the Convention and/or to the Protocols

1. Any Contracting Party may propose amendments to the articles of this
Convention.

2. Any Contracting Party to this Convention may propose amendments to
any Protocol.

3. Any such proposed amendment shall be transmitted to the depositary
and communicated by it through diplomatic channels to all the Contracting
Parties and to the Commission.

4. Amendments to this Convention and to any Protocol shall be adopted by
consensus at a Diplomatic Conference of the Contracting Parties to be
convened within 90 days after the circulation of the proposed amendment
by the depositary.

5. The amendments shall enter into force 30 days after the depositary
has received notifications of acceptance of these amendments from all
Contracting Parties.

Article XXI
Annexes and amendments to Annexes

1. Annexes to this Convention or to any Protocol shall form an integral
part of the Convention or such Protocol, as the case may be.

2. Any Contracting Party may propose amendments to the Annexes to this
Convention or to the Annexes of any Protocol through its Representative
in the Commission. Such amendments shall be adopted by the Commission on
the basis of consensus. The depositary, duly informed by the Chairman of
the Commission of its decision, shall without delay communicate the
amendments so adopted to all the Contracting Parties. Such amendments
shall enter into force 30 days after the depositary has received
notifications of acceptance from all Contracting Parties.

3. The provisions of paragraph 2 of this Article shall apply to the
adoption and entry into force of a new Annex to this Convention or to any
Protocol.

Article XXII
Notification of entry into force of amendments

The depositary shall inform, through diplomatic channels, the Contracting
Parties of the date on which amendments adopted under Articles XX and XXI
enter into force.

Article XXIII
Financial rules

The Contracting Parties shall decide upon all financial matters on the
basis of unanimity, taking into account the recommendations of the
Commission.

Article XXIV
Relation to other international instruments

Nothing in this Convention shall affect in any way the sovereignty of
States over their territorial sea, established in accordance with
international law, and the sovereign rights and the jurisdiction which
States have in their exclusive economic zones and their Continental Shelf
in accordance with international law, and the exercise by ships and
aircraft of navigational rights and freedoms as provided for in
international law and as reflected in relevant international instruments.

Article XXV
Settlement of Disputes

In case of a dispute between Contracting Parties concerning the
interpretation and implementation of this Convention, they shall seek a
settlement of the dispute through negotiations or any other peaceful
means of their own choice.

Article XXVI
Adoption of additional Protocols

1. At the request of a Contracting Party or upon a recommendation by the
Commission, a Diplomatic Conference of the Contracting Parties may be
convened with the consent of all Contracting Parties in order to adopt
additional Protocols.

2. Signature, ratification, acceptance, approval, accession to, entry
into force, and denounciation of additional Protocols shall be done in
accordance with procedures contained, respectively, in Articles XXVIII,
XXIX, and XXX of this Convention.

Article XXVII
Reservations

No reservations may be made to this Convention.

Article XXVIII
Signature, ratification, acceptance, approval and accession

1. This Convention shall be open for signature by the Black Sea States.

2. This Convention shall be subject to ratification, acceptance or
approval by the States which have signed it.

3. This Convention shall be open for accession by any non-Black Sea
State interested in achieving the aims of this Convention and
contributing substantially to the protection and preservation of the
marine environment of the Black Sea provided the said State has been
invited by all Contracting Parties. Procedures with regard to the
invitation for accession will be dealt with by the depositary.

4. The instruments of ratification, acceptance, approval or accession
shall be deposited with the depositary. The depositary of this
Convention shall be the Government of Romania.

Article XXIX
Entry into force

This Convention shall enter into force 60 days after the date of deposit
with the depositary of the fourth instrument of ratification, acceptance
or approval. For a State acceding to this Convention in accordance with
Article XXVIII, the Convention shall enter into force 60 days after the
deposit of its instrument of accession.

Article XXX
Denounciation

After the expiry of five years from the date of entry into force of this
Convention, any Contracting Party may, by written notification addressed
to the depositary, denounce this Convention. The denounciation shall
take effect o the thirty-first day of December of the year which follows
the year in which the depositary was notified of the denounciation.

Done in English, on the twenty first day of the month of April of one
thousand nine hundred and ninety two, in Bucharest.

Author: international

Mentioned in these Entries

Exclusive Economic Zone, International Conventions from 1991, International Organizations, Marine and Coastal conventions, Settlement of Disputes.