The ECBSea Project works within the framework of the International and EU legislation to improve regional cooperation and institutional capacities of the beneficiaries.
At regional level the Project aims to foster cooperation through the improvement of regional agreements such as the Convention on Protection of the Black Sea against Pollution (Bucharest Convention), protocols and annexes, and the Black Sea Strategic Action Plan (BS-SAP).
The objectives of legal component at national level are: Improvement of the national capacities to implement and enforce existing environmental legislation, secondary laws and regulations to implement the Bucharest Convention. Improvement of additional legislation, secondary laws and regulations, taking into account convergence to EU water related legislation.
EU Legislation on Water Protection and Management
The Law of the European Union is a multinational legislation, which is binding on its member states. Treaties underlying the EU, written international law, and legislation and other instruments adopted by the institutions of the EU on the basis of the treaties are the main sources of law. Treaties, or primary legislation, comprise the constitutional law of the European Union. Primary legislation is directly applicable in the Member States and is superior to national legislation.
EU directives are legislative acts of the European Union, which require member states to achieve a particular result without dictating the means of achieving that result. EU directives play major role in legislative harmonization. Generally, directives are not directly applicable. Unlike the directly applicable regulations, the directive has to be incorporated into national legislation, even if its directly applicable. The European Union developed a number of directives in the filed of environment. Directives regulating water protection and management are among them. One of the most important parts of legislation in this area is the Water Framework Directive establishing a Community framework for water protection and management.
Convention on Protection of the Black Sea against Pollution (Bucharest Convention)
The Convention is the main legal document that defines the priorities and directions in the sphere of international environment protection in the Black Sea Basin. Active cooperation between the six Black Sea countries (Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine) started in 1992 after signing this Convention. The Convention includes a basic framework of agreement and four specific protocols:
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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 Situations
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Protocol on Protection of the Black Sea Marine Environment Against Pollution by Dumping
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Protocol on Conservation of the Biological Diversity and the Black Sea Landscapes
Later the Black Sea Commission was set up pursuing requirements of the provisions of the Convention on Protection of the Black Sea against Pollution. Its Permanent Secretariat became operational in October 2000. For the beneficiaries this Convention was one of the first international environmental agreements since independence.
On April 17, 2009, the Ministerial Meeting/Diplomatic Conference of the Contracting Parties to the Bucharest Convention took place in Sofia, Bulgaria. The authorised representatives from Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine took part in the Conference. The Ministerial Meeting discussed the amendments to the Bucharest Convention, developed by ECBSea Project, which would enable the membership of the regional economic organisations, such as the European Union to join the Convention. Five out of the six Black Sea countries agreed to adopt the amendments, except for the Russian Federation, which pointed out that it needed more time to study that matter.
The following documents were adopted at the Meeting:
State of the Environment Report 2001 2006/7
Report on the Implementation of the Black Sea Strategic Action Plan 2002 - 2006/7
Strategic Action Plan for the Environmental Protection and Rehabilitation of the Black Sea 2009
The Protocol for the Protection of the Marine Environment of the Black Sea from Land-Based Sources and Activities (LBSA) Protocol
Declaration of the Ministers of Environment
Final Act
Strategic Action Plan on the Rehabilitation and Protection of the Black Sea (BS-SAP)
This document represents an agreement between the six Black Sea Coastal states (Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine) to act in concert to assist in the continued recovery of the Black Sea. The document provides a brief overview of the current status of the Sea, based largely on information contained within the 2007 Black Sea Transboundary Diagnostic Analysis (BS TDA), and taking into account progress with achieving the aims of the original (1996) Black Sea Strategic Action Plan (BS SAP). This SAP builds upon BS SAP signed in 1996 (updated in 2002), by reorganising the priorities and actions therein considering the progress in the region and the current state of the environment. This updated (2009) version of the BS SAP describes the policy actions required to meet the major environmental challenges now facing the Sea, and includes a series of management targets.
The European Commission has proposed an ambitious Thematic Strategy on the Protection and Conservation of the Marine Environment (Marine strategy) to protect more effectively the marine environment across Europe. It is clear that marine resources should be used according to principles of balanced development and usage of ecosystem approach. As a result the oceans and seas will be clean, healthy and productive. Within this main goal the Strategy defines a specific character and important differences of European oceans and seas (starting from oceanographic and hydrological parameters, physical and chemical peculiarities, environmental threats and ways to overcome them up to economic and social conditions in off-shore countries).
That's why it is necessary to implement relevant activities in this marine region with its environmental characteristics. Great attention is paid to collaboration with the countries which are not European Union members as well as regional structures which deal with seas and oceans protection issues. Each Member State will be required to develop Marine Strategies for its marine waters taking into consideration existing international official agreements.
The Strategy aims to:
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protect and where it is possible to renew functions and structure of marine ecosystems;
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gradually reduce marine environment pollution;
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control and regulate marine infrastructures' activities;
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implement principles of good governance both within Europe and globally.
The Ramsar Convention on Wetlands (known as the Ramsar Convention, takes its name after Ramsar city, Iran, where it was signed) that are of international importance primarily as habitat for waterbirds, was signed in 1971. The Convention includes provisions concerning conservation of wetlands. In 1996 after the relevant law was adopted by the Ukraine Parliament (Verkhovna Rada), Ukraine renewed its membership (since the Soviet period) and became among one of the Contracting Parties (156 countries) to the Convention.
The Conference of the Contracting Parties is the policy making organ of the Convention and it takes place once in three years.
Under the text of the Convention wetlands are defined as areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.
The criteria for identifying Wetlands of International Importance note that a wetland should:
contain a representative, rare, or unique example of a natural or near-natural wetland type found within the appropriate biogeographic region;
support vulnerable, endangered or threatened ecological communities, populations of plant and/or animal species important for maintaining the biological diversity of a particular biogeographic region;
regularly support 20 thousand or more waterbirds;
be an important source of food for fishes, spawning ground, nursery and/or migration path on which fish stocks , either within the wetland or elsewhere, depend; and some others.
Each country the Contracting Party of the Convention - has to designate at least its one wetland into the List of Wetlands of International Importance and to promote its conservation.
Communication from the Commission to the Council and the European Parliament on Black Sea Synergy
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