BULGARIAN AND INTERNATIONAL LAW IN ENVIRONMENTAL MANAGEMENT OF PORT AREAS
STOYAN STOYANOV, EKATERINA TERLEMESIAN
University of Chemical Technology and Metallurgy
blvd. “Kl. Ochridski” 8, Sofia, 1756, e-mail:
ABSTRACT
This paper gives an overview of the Bulgarian and international law for environmental management in port areas. It is established that the immediate aim of the six Black Seacountries is to confront the environmental and ecological problems threatening the Black Sea. Reducing the discharge of nutrients, oil and other toxic substances into the sea to such a level as to permit ecosystems to recover to their 1960s state is one key way of solving the problems. A key to success is broad stakeholder participation.The main steps leading to co-operation between the six countries are traced. International treaties and national regulations to control cargos handling and waste treatment in the port areas,discharges of oil and other contaminants within the territorial waters, illegal discharges by vessels into the Black Sea,port state controlare discussed. It is established that the duties and responsibilities of the maritime and port administration for environmental management are regulated bylegal provisions approximated to the international measures. Analysis of the main environmental regulations in Bulgariashows that the process of transposition of EU environmental law into the national law is almost completed.The policy actions for implementing the targets and the instruments for achievingsustainable human development are reviewed. It is shown that an upward adaptation of national environmental standards to the level of the corresponding EU standardsis in process.
Keywords:Environmental management,Legislation,Port areas, EMS, Sustainable development.
1. INTRODUCTION
Many environmental and ecological problems threaten the Black Sea, the most significant of these being massive over-fertilisation – largely from agricultural, domestic and industrial pollution – is leading to excessive growth of algae and oxygen depletion (eutrophication). The DanubeRiver accounts for over half of the nutrient input in the Black Sea. Eutrophication is a phenomenon, which occurs over wide areas of the Black Sea and is of concern to the countries of the Black Sea basin. Other problems include pollution by oil spills, by hazardous wastes, overfishing and the introduction of exotic species. Inputs of harmful substances, especially oil, continue to threaten the Black Sea ecosystem. Oil enters the environment as a result of accidental and operational discharges from vessels as well as through land based sources. Almost half of the inputs of oil from land-based activities are brought to the Black Sea via the DanubeRiver.
To confront these problems, inspired by the early Regional Seas Conventions, in April 1992 the six Black Sea countries (Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine) signed the Convention on the Protection of the Black Sea against Pollution (the Bucharest Convention). The Bucharest Convention includes Protocols on land-based sources of pollution, dumping of waste, and emergency response in the case of accidents. The most recent addition is the Biodiversity and Landscape Conservation Protocol, signed in June 2002 and the Declaration of Ministers of Environment of the Contracting Parties to the convention for the protection of the Black Sea against pollution, done in Sofia in 2002[
The paper presents the recent aspects of international policy on protection of water resources, and in particular of the Black Sea. Bulgarian legal measures, pertaining to the duties and obligations of the maritime and sea ports administration and environmental protection are evaluated to establish their effectiveness and compliance with the EU legislation.
2. HISTORICAL OVERVIEW
The Black Sea countries set up a Commission to implement the Convention. In 1993 it invited the GEF in the framework of the Black Sea Environmental Programme (BSEP) to conduct transboundary diagnostic analysis and provide a catalogue of practical actions. In 1996, a Strategic Action Plan for Rehabilitation and Protection of the Black Sea was adopted. During the period (1993-1998), as part of two projects funded by the international community through the Global Environment Facility (GEF), the Black Sea countries cooperated to identify their environmental problems; drafted National Action Plans, set up a network of institutions to implement the regional plan; built capacity in environmental management; and defined projects to identify all major sources of waste water and toxic materials in coastal countries (‘hot spot’ analysis). From this work emerged a portfolio of 49 investment projects. Meanwhile, as the Black Sea Coastal States attracted further support from the European Union and several bilateral donors, its early achievements became the building blocks for an expanded regional endeavor.
The central and immediate aim of the BSEP was to reduce the discharge of nutrients and other toxic substances into the sea to such levels as to permit ecosystems to recover to their 1960s levels. The GEF has now provided support for a project in 2002-2006 to develop the legal, policy and technical measures needed to do this. By that time the projects had confirmed that the most severe problem of the Black Sea is eutrophication caused by nutrients. But it also revealed something else: about 30% of these nutrients are transported into the Black Sea through transboundary watercourses draining its wide water catchments basin. Restoring water quality of the sea would require more than cleaning up pollution sources along its coasts.
At the same time, the Danube riparian countries signed onto the cleanup effort as well, launching a similar project for the Danube basin and joining with the Black Sea countries to create the new Black Sea Danube River Basin Task Force. Operating under the leadership of the European Commission, the task force produced a short list of environmental rehabilitation projects and approaches to financing them.
Those involved in this remarkable endeavor agreed that a key to its success was broad stakeholder participation. The programme plans to achieve this by facilitating collaboration between the industrial, sea ports, agricultural and urban sectors; building capacity, restoring critical habitats and wetlands; setting up small-scale demonstration projects, providing small grants to local initiatives and supporting public information and environmental education efforts.
3. STRATEGIC ACTION PLAN FOR THE REHABILITATION AND PROTECTION OF THE BLACKSEA
Apparently, the magnitudes of environmental problems affecting the Black Sea are beyond the capacity of Bulgaria or any one of the littoral nations to mitigate. Only a multilateral and international response would measure up to the scale of the ecological problems.
The treaties signed during the last ten years for protection of the Black Seaare summarised in Table 1. [
Table 1. International treaties among the Black Sea Coastal States.
No / International Treaties / Signed in:1. / Bucharest Convention on the Protection of the Black Sea against Pollution / 21 April 1992
2. / Protocol on Protection of The Black Sea Marine Environment Against Pollution from Land Based Sources / 21 April 1992
3. / Protocol on The Protection of the Black Sea Marine Environment Against Pollution by Dumping / 21 April 1992
4. / Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oil and other Harmful Substances in Emergency Situations / 21 April 1992
5. / Black SeaBiodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Seaagainst Pollution / June 2002
6. / OdessaDeclaration on the Protection of the Black Sea / Odessa, 7 April 1993
7. / Strategic Action Plan for the Rehabilitation and Protection of the Black Sea and of the State of the Environment / Istanbul, 31 October 1996
8. / Declaration on the Water and the Water Related Ecosystems in the Wider Black Sea Region / Brussels, 26 November 2001
9. / Memorandum of Understanding between the Commission on the Protection of the Black Sea Against Pollution and the International Commission for the Protection of the DanubeRiver / Brussels, 26 November 2001
10. / Agreement for the Privileges and Immunity of the Commission for Protection of Black Sea Against Pollution, / Istanbul,
April 2000
11. / Protocol of the Eighth Extraordinary Meeting on the Protection of the Black Sea Ecosystem / Istanbul, February 2002
12. / Sofia Declaration of the Ministers of Environment of the Contracting Parties to the Convention for the Protection of the Black Sea Against Pollution. / Sofia, 14 June 2002
13. / Agreement between the States Participating in the Black Sea Economic Collaboration for Cooperation in Case of Assistance at Extraordinary Situations as a Result of Natural or Technological Disasters / In force:
March 2003
14. / Convention on Fisheries and Conservation of the Black Sea Living Resources / Draft
According to the Strategic Action Plan (SAP) for the Rehabilitation and Protection of the Black Sea, signed in Istanbul on 31 October 1996 by the six countries, a harmonised system of port state control was to be established. This was done by the adoption of a Memorandum of Understanding on Port State Control (MOU on PSC) in Istanbul on April 7th 2000. According to the Black Sea MOU, each MemberState is supposed to inspect at least 15% of ships visiting its ports. The European Union, following the Erica and Prestige disasters (“Erika” Maritime Safety Package, 2000), took immediate steps to increase the effectiveness of Port State Control under the Paris MOU by requiring an inspection rate of at least 25 % and also creating a “blacklist” of ships that would be banned due to repeated violations. Bulgaria and Romania, which will become full members of the EU by 2007 will have to increase their control of ships to meet the 25% rate required by EU.
According to (SAP), the Black Sea states should take the necessary steps to enable them to fully exercise their prescriptive and enforcement powers, in accordance with international law, in order to pursue the reduction of illegal discharges by vessels into the Black Sea. A total ban on the disposal of municipal garbage in marine, shoreline and estuarine areas were imposed by December 1996. Each Black Sea state should develop a plan setting out the manner in which comprehensive enforcement of the ban could be attained.Black Sea states should define concentration levels for trace contaminants in dredged soils. Black Sea states considered amending the Protocol on Dumping to the Bucharest Convention, in accordance with the London Convention 1972, including its subsequent amendments. In addition, the Black Sea coastal states cooperated in developing and implementing environmentally sound waste management policies, giving due consideration to waste minimisation, recycling and reuse.On 26 April 2002, the Strategic Action Plan was amended.
At the Diplomatic Conference on the Protection of the Black Sea Against Pollution, Black Sea states, through the Istanbul Commission, and in accordance with Resolution 1, adopted the text of a Protocol to the Bucharest Convention, concerning transboundary movement of hazardous wastes and cooperation in combating illegal traffic thereof. According to the Protocol, each contracting party assumed an obligation to prevent pollution of the marine environment of the Black Sea from any source (pollution from land-based sources, pollution from vessels, pollution by dumping, pollution from activities on the continental shelf, pollution from or through the atmosphere, pollution by hazardous wastes in transboundary movement); to cooperate in combating pollution in emergency situations; and to protect the marine living resources. This Protocol is still being developed.
Following the Protocol on emergency response in the case of accidents, a Black Sea Contingency Plan was signed by 3 Black sea coastal states (Bulgatia, Turkey, Romania) in 2003. It is aimed at setting up a regionally operational system. The Black Sea Contingency Plan addresses the compatibility of: emergency equipment, reporting forms and oil spill data; classification of the scale of spillages; methods for evaluating the sensitivity of the coast to hazards; and spill decision support systems, including models for forecasting oil movements. It consists of two parts –oil spills (is already developed) andharmful substances, which is being developed. In addition, regionally co-ordinated national classification and risk assessment systems were foreseen. An Advisory Group on the Environmental and Safety Aspects of Shipping is co-ordinated by the Activity Centre in Varna, Bulgaria. Agreement between the governments of the countries participating in the Black Sea economic cooperation for mutual assistance in cases of emergency and natural and technological disasters is ratified by Bulgarian Act of July 2003.
After several meetings relating to the rehabilitation and protection of the Danube/ Black Sea region, held in Brussels (2001), Istanbul (2002) and Kyev (2002), in June 2002 the ministersresponsible for the protection of the environment in the Black Sea coastal states, assembled in Sofia. Taking into accountthat the deterioration of the water quality, biological diversity degradation, amenities loss and potential health problems caused by the intensive use of the Black Sea resources and the targets for sustainable development of the coastal states, the ministers declared that co-operation for environmental protection and rehabilitation and in sustainable development in the Black Sea basin is crucial for the recovery of the Black Sea ecosystem and for the sustainable use of its natural resources.
4. INTERNATIONAL CONVENTIONS RELATING POLLUTION PREVENTION
Oil pollution of the seas was recognised as a problem in the first half of the 20th century and various countries introduced national regulations to control discharges of oil within their territorial waters. In 1954, the United Kingdom organised a conference on oil pollution, which resulted in the adoption of the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL), 1954. Following entry into force of the IMO Convention in 1958, the depository and Secretariat functions in relation to the Convention were transferred from the United Kingdom Government to InternationalMaritime Organisation (IMO).
The 1954 OILPOL Convention, which entered into force on 26 July 1958primarily addressed pollution resulting from routine tanker operations and from the discharge of oily wastes from machinery spaces - regarded as the major causes of oil pollution from ships. The Convention attempted to tackle the problem of pollution of the seas by oil - defined as crude oil, fuel oil, heavy diesel oil and lubricating oil - in two main ways:
-it established "prohibited zones" extending at least 50 miles from the nearest land in which the discharge of oil or of mixtures containing more than 100 parts of oil per million was forbidden;
-it required Contracting Parties to take all appropriate steps to promote the provision of facilities for the reception of oily water and residues.
In 1962, IMO adopted amendments to the Convention, which extended its application to ships of a lower tonnage and also extended the "prohibited zones". Amendments adopted in 1969 contained regulations to further restrict operational discharge of oil from oil tankers and from machinery spaces of all ships.
MARPOL Convention. The MARPOL Convention is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. ( It is a combination of two treaties adopted in 1973 and 1978 respectively and updated by amendments through the years.The Convention includes regulations aimed at preventing and minimising pollution from ships - both accidental pollution and that from routine operations - and currently includes six technical Annexes (Table 2).
An international Conference in 1973 adopted the International Convention for the Prevention of Pollution from Ships. While it was recognised that accidental pollution was spectacular, the Conference considered that operational pollution was still the bigger threat. As a result, the 1973 Convention incorporated much of OILPOL 1954 and its amendments into Annex I, covering oil.
But the Convention was also intended to address other forms of pollution from ships and therefore other annexes covered chemicals, harmful substances carried in packaged form, sewage and garbage. The 1973 Convention also included two Protocols dealing with Reports on Incidents involving Harmful Substances and Arbitration.
In 1978, in response to a spate of tanker accidents in 1976-1977, IMO held a Conference on Tanker Safety and Pollution Prevention in February 1978. The conference adopted measures affecting tanker design and operation, which were incorporated into both the Protocol of 1978 relating to the 1974 Convention on the Safety of Life at Sea (1978 SOLAS Protocol) and the Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol) - adopted on 17 February 1978.
Table 2. Provisions included in the MARPOL Convention.
Annex I / Prevention of Pollution by Oil / Entry into force:2 October 1983
Annex II / Control of Pollution by Noxious Liquid Substances in Bulk / Entry into force:
6 April 1987
Annex III / Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form / Entry into force:
1 July 1992
Annex IV / Prevention of Pollution by Sewage from Ships / Entry into force:
27 September 2003
Annex V / Prevention of Pollution by Garbage from Ships / Entry into force:
31 December 1988
Annex VI / Prevention of Air Pollution from Ships / Adopted: September 1997 - not yet in force
States Parties must accept Annexes I and II, but the other Annexes are voluntary.Bulgaria has adopted Annexes I – V (Annex I).
Due to the rapid increase in traffic to Black Sea ports, the capacity of harbour reception facilities needs to be enlarged in order to comply with MARPOL Special Area requirements. [MARPOL 73/78; SAP, 1996]. “Special areas” are those considered to be vulnerable to pollution by oil and oil discharges within them are completely prohibited with minor and well - defined exceptions. The 1973 Convention identified the Mediterranean Sea, the Black Sea, the Baltic Sea, the Red Sea and the Gulfs area as special areas. All oil-carrying ships are required to be capable of retaining oily wastes on board through the “load on top” (LOT) system or for discharge to shore reception facilities. Terms for installation of reception facilities for different kind of wastes were determined for the all six countries: for garbage; for oil; and for chemicals. The use of these facilities is made compulsory. In installing harbour reception facilities close co-operation with the private sector is pursued, the advice of the IMO is requested, and the results of the study conducted by the BSEP and the European Union will be taken into account. MARPOL 1973/78 is effectively implemented by the Black Sea states, especially with a view to giving effect to its provisions on Special Areas, by 2002. Other Conventions contributing to prevention of marine pollution are shown in Table 3.