If one takes into account the challenges that the Black Sea faces - eutrophication, chemical pollution, threats to biodiversity and dramatic reduction of living marine resources, mainly due to the inappropriate conservation measures regarding the fishing areas at the maritime basis - the question that arises is whether we can assert -after 20 years of application - that the Bucharest Convention on the protection of the Black Sea against pollution is still useful, that it has reached its purpose. The question is favored by the fact that the European Union seems more and more concerned with cooperation in the area, which also results from the former Communication of the Commission "Black Sea Synergy - a New Regional Cooperation Initiative", COM(2007)160.chemical pollution, threats to biodiversity

Ana Maria Moraru

Ileana Anca Dusca

English

Research Papers in Economics

Is the Bucharest Convention on the Protection of the
Black Sea against Pollution still a Matter of General
Concern?HasitReacheditsPurpose?
IleanaAncaDUŞCĂ
Ana-MariaMORARU
Abstract
Key ords:
If one takes into account the challenges that the Black Sea faces – eutrophication,
chemical pollution, threats to biodiversity and dramatic reduction of living marine
resources,mainlyduetotheinappropriateconservationmeasuresregardingthefishing
areasatthemaritimebasis–thequestionthatarisesiswhetherwecanassert–after20
years of application – that the Bucharest Convention on the protection of the Black Sea
againstpollutionisstilluseful,thatithasreacheditspurpose.Thequestionisfavoredby
the fact that the European Union seems more and more concerned with cooperation in
the area, which also results from the former Communication of the Commission “Black
SeaSynergy–aNewRegionalCooperationInitiative”,COM(2007)160.
chemicalpollution;threatstobiodiversity
Q53,Q58
w
JELClassificationCodes:
Ileana Anca Duşcă
Ana-Maria Moraru
is a Reader PhD at Faculty of Law and Administrative Sciences, at University
of Craiova, Romania,
is a PhD candidate at University of Craiova, at Faculty of Law and
Administrative Sciences trough  the Project POSDRU/6/1.5/S/14  ,,Growth of attractiveness,
quality and efficiency of university PhD  studies throughout PhD scholarships”
ancadusca@yahoo.com
,
M_annemarrie@yahoo.com
Page | 57 IBSUSJ 2011, 5(1)
IBSU Scientific Journal, 5(1): 57-64,
ISSN:
2011
1512-3731 print / 2233-3002 onlineIntroduction
The impact of eutrophication on the Black Sea, from 1960 until 1990s,
results from a series of indicators (European Institute of Romania, 2007): the
transparency of water (m) decreased by half; the area of hypoxia regions (km²)
duringsummerandautumnincreased1000times;theareaofPhyllophorafields
(a keystone species) decreased by more than 200 times, being reduced to just
500 km2; the total biomass of Phyllophora, which was the nucleus of a
biocoenosis of approximately 100 invertebrates and fish, decreased from
10,000,000 tones to 400,000 tones; the total biomass of the Black Sea mussels
(Mytilus galloprovincialis) decreased to one third of its original quantity. In the
mid 1990s, the total level of nitrogen was four times higher compared with the
level in the 1970s, while the phosphates level remained almost the same
compared to the said period. However, the Trans-border Diagnostic Analysis
showed that while 30% of the nutrients reaching the Black Sea are discharged
directly or by means of national rivers, the major rivers crossing the territory of
several countries, such as: the Danube, the Dnieper, the Dniester, the Don and
theKubanareresponsiblefortransportingtheremainingofapproximately70%.
Because the tributary streams from point or diffuse sources of some coastal
states flow into international rivers - for example into the Danube or into the
Dnieper, it was calculated that practically 70% of the total quantity of nutrients
come from the coastal states, compared with 30% which come from the
countries without sea access. Beside this, the input of hazardous substances,
especially oil, continues to be a threat to the Black Sea ecosystem, the oil
penetrates the environment by accidental or intentional discharges from ships
andalsofromtheland-basedsources.Almosthalfoftheoilinputresultingfrom
landactivitiesreachestheBlackSeathroughtheDanube.Also,theintroduction
of some exotic species in the past by vessels deballasting has produced serious
damagestotheBlackSeaecosystemandposesathreatfortheBlackSeaandfor
the adjacent seas: Mediterranean Sea and Caspian Sea. Inadequate
management of resources and especially inappropriate policies in the fisheries
field and in the management of the coastal area continues to be a barrier in the
wayofsustainabledevelopmentoftheBlackSearegion.Mostofthefishstocksin
the Black Sea, already affected by pollution, have been overexploited or are
threatened by overexploitation; many coastal areas have been damaged as a
resultoferosionanduncontrolledurbanandindustrialdevelopment.Therefore,
thereisaseriousdangeroflosingvaluablehabitatsandnaturallandscapesand,
Page | 58
Ileana Anca DUŞCĂ & Ana-Maria MORARU
IBSUSJ 2011, 5(1)in the last instance, the biological diversity and productivity of the Black Sea
ecosystem.
The intensification of sub-regional cooperation and the emergence of
new issues regarding marine environment pollution and degradation claimed
theembracementofaspecialregimeforitsprotection,andsoon21April1992,
in Bucharest was signed by the representatives of the coastal states (Bulgaria,
Georgia, Romania, Russian Federation, Turkey and Ukraine) the Convention on
the Protection of the Black Sea Against Pollution, accompanied by three
additional protocols (Du u, 1994; Du u, 2003; Du u, 2007; Istanbul, Report,
2002). It's about a conventional assembly in which the general legal regime is
establishedbyConvention,andthespecialregimesforprotectionofthemarine
environment against some particular forms of pollution - from land-based
sources, with oil and other harmful substances in emergency situations and
pollution by discharge – are provided by the additional protocols. The
Convention acknowledges, even from the preamble, that "its natural and
recreationalresourcescanbepreservedfirstofallthroughthemutualeffortsof
thecoastalstates"and,inconsequence,areconsidered"thespecialhydrological
andecologicalcharacteristicsoftheBlackSeaandthegreatsensitivityofitsflora
and fauna to changes in temperature and composition of the sea water" by
taking into consideration that the Black Sea marine environment pollution
results also from land-based sources of other countries of Europe, mainly
through rivers; therefore, is recognized the need of scientific, technical and
technologicalcooperationfortheattainmentofthepurposesoftheConvention,
given that the existing international agreements, by that time, did not cover all
aspectsoftheBlackSeamarineenvironmentpollutioncomingfromthirdstates.
As usual, the Contracting Parties to the Convention undertake, individually or
jointly, to take all the necessary measures consistent with the international law
andinaccordancewiththeprovisionsoftheConvention,to"prevent,reduceand
control pollution" (art. 5 para 2). In this sense, from the point of view of the
sectoral approach method are given the necessary measures to combat against
somespecialformsorsourcesofpollution.Thus,theConventionestablishes(art.
6)thecommitmentofeachContractingPartytopreventpollutionofthemarine
environment of the Black Sea from any source by hazardous substances and
matters(specifiedinanannex ).Alongsidethepreventivemeasuresandfortheir
Generalvisionoverthesituation
ţţţ
1
2
Page | 59 IBSUSJ 2011, 5(1)
Scientific Journal of International Black Sea Universitycompletion,theConventionontheProtectionoftheBlackSeaAgainstPollution
also provides measures relating to material responsibility and liability, "in order
to ensure the highest degree of deterrence and protection of the Black Sea
againstpollution".Forthispurpose,firstofallisestablishedtheresponsibilityof
the Contracting Parties for the fulfillment of their international obligations
concerning the protection and the preservation of the marine environment of
the Black Sea. For its materialization, each signing state adopts rules and
regulations on the material liability for damages caused by natural or legal
persons to the marine environment of the Black Sea, in areas where it exercises
sovereignty,sovereignrightsortheirjurisdiction.Inthiscontext,considerationis
giventothesystemsforassuringpromptandadequatecompensationsorother
relief for damages caused by pollution of the marine environment. Therewith,
theengagementofcooperationinthedevelopmentandharmonizationoflaws,
regulationsandproceduresrelatingtomaterialliability,assessmentofdamages
and compensation for prejudices caused by pollution of the Black Sea
environment,isalsoprovided(art.XVI).
The Strategic Action Plan for the Black Sea, adopted in 1996 by the
environmentministersfromthe6coastalstates,recognizesthateutrophication
should be a matter of concern for all the countries located in the hydrographic
basin of the Black Sea. On 17 April 2009, was adopted in Sofia (Bulgaria) an
updatedversionoftheStrategicPlanfortherehabilitationandprotectionofthe
Black Sea, which resumes the basic principles, the actions established in the
initial plan and describes the future actions policy needed to meet the major
environmentalchallengesthatthemarineenvironmentisfacingtoday,including
a series of management objectives (coastal area integrate management;
ecosystems approach management and basin integrated management). The
long-termobjectivescontainedintheplanonthequalityofecosystemsrefersto:
- protection of the living marine resources (by sustainable usage of the
commercialstocksoffishandotherlivingmarineresourcesandtherestoration/
rehabilitation of the commercial stocks of living marine resources); -
conservation of biodiversity and the natural environment of the Black Sea (by
reducing the risk of extinction of the endangered species, conservation of
habitats and of marine and coastal landscapes; reduction and management of
theintroductionofnewspecies);-reducingtheeutrophication;-ensuringwater
qualityforhumanhealth.
Page | 60 IBSUSJ 2011, 5(1)
Ileana Anca DUŞCĂ & Ana-Maria MORARUThe ex-ante evaluation report of the Joint Operational Programme for
BlackSeaBasinfor2007-2013(JOPBSB),sincethelastReportofTrans-boundary
Diagnostic Analysis (Transboundary Diagnostic Analysis, 2007), and the
summary of the conclusions of the international conference held on 7-8 May
2007 in Berlin, presented by Ahmet Kideys, the executive director of the Black
Sea Commission shows that despite the substantial improvement of the quality
indicators given in 1990, the environment state is still characterized by: high
pressuresonbiodiversity,floraandfauna;massivepollutionoftheSeaBlackwith
chemicals used in agriculture, toxic metals and radio nuclides; significant air
pollution,especiallyahighexposuretomacroparticles.
To safeguard the marine resources was/is needed a prompt action; the
European Commission adopted the Thematic Strategy for the Marine
Environmentwhichisthepillarofthepartfromanyfuturemarinepolicyrelated
to environment protection. Presented as a Communication of the European
CommissiontotheEUCouncilandtheEuropeanParliament,andmadepublicon
11April2007,theBlackSeaSynergy,resumestheEUvisiononcooperationwith
the countries of the Black Sea region. Its subtitle - a new regional cooperation
initiative - is somewhat misleading, since, in reality, the Black Sea Synergy is not
anindependentEUstrategyfortheBlackSearegion,becausetheEUpolicyinthe
regionisalreadyincludedinthreewelldefinedanddistinctdimensions:thepre-
accession strategy of Turkey; the European Neighborhood Policy (ENP), which
addresses, in Eastern Europe, to the new western independent states; and the
strategic partnership with Russia. It should be seen rather as a complementary
initiativetothosepoliciesthatfocusontheregionallevel,whichwaslackinguntil
now from the preponderant bilateral ENP approach, intending to invigorate the
cooperation within the Black Sea region and also between the Black Sea region
and the UE. Linked to the EU strategy for Central Asia, the Black Sea Synergy
includes as well important inter-regional elements. At the same time, the
initiativealsotakesintoaccountotherregionalcooperationprogramsdeveloped
in the area by international organizations or third countries. In this respect are
listed the initiatives of Romania, Austria, the European Commission and the
StabilityPactforconsolidationoftheDanuberegionprofile,byendowingitwith
well-defined political and economic dimensions. Predominantly, the Black Sea
Synergy is intended as a flexible framework to ensure greater coherence and
better guidance of the policies that apply in the area. The idea of the European
Commission is to complement the existing policies, to give a greater visibility to
Page | 61 IBSUSJ 2011, 5(1)
Scientific Journal of International Black Sea Universitythe area and to contribute to the activation of the current regional cooperation
process through an enhanced dialogue that should increase the trust between
the concerned countries, emphasizing especially on the cross-border
cooperation. Since the activities of the Black Sea Synergy are strongly linked to
neighboring regions, notably to the Caspian Sea, to Central Asia and to South-
Eastern Europe, its scope of actions could be extended beyond the Black Sea
(COM,2007;EuropeanInstituteofRomania,2007).Thisstrategyintroducesthe
spatial planning principle based on the ecosystem approach, approach which is
requiredaslongasfromtheconclusionsofthestudiesperformedovertheyears
results: - the pollution from the land-based sources, although it is still intense,
indicates a tendency for attenuation, for the industrial sector and also for the
municipalone;-someimprovementshavebeenreportedontheprioritysources
of pollution; - a reduced number and a low intensity on the algal bloom
phenomenahavebeenreportedinalltheBlackSealittoralstates;-somespecies
which were considered to have been completely disappeared were found in a
recovery process; - the small pelagic fish stocks are recovering slowly; - the
adverseeffectsoftheMnemiopsisleidzijellyfisharemitigatedbytheinvasionof
otherexoticspecies,Beroyeovata,whichfeedonMnemiopsisandmaybecome
a limiting factor for its development; – the marine protected areas are in
continuous expansion, including through the creation of new protected marine
areas;–GDPincreaseswerereportedbymostoftheBlackSealittoralcountries.
Nevertheless,therearestillmanyproblems;theBlackSeaecosystemcontinues
tobethreatenedbyvariouspollutants,especiallynutrientswhicharedischarged
into the Black Sea from land-based sources, particularly through rivers, the
Danubecontributeswithmorethanhalftheamountofnutrientsdischargedinto
the Black Sea, the eutrophication is a phenomenon that occurs over wide areas
oftheseaandshouldbeamatterofconcernforthewholebasinoftheBlackSea.
It is necessary to amend the Bucharest Convention on the Protection of
theBlackSeaAgainstPollution,signedinBuchareston21April1992-correlated
with other similar Conventions - to allow the European Union to become a
signatory,andnotmerelyanobserver,totheBucharestConvention.Apartfrom
lobbying activities in the EU institutions to join the Convention from Bucharest,
Romania can take actions to raise awareness among the decision makers in
Brussels to create, together with the European Commission, a code of good
Conclusion
Page | 62 IBSUSJ 2011, 5(1)
Ileana Anca DUŞCĂ & Ana-Maria MORARUenvironmentalpractices.
On the other hand, the tightening of punishments for the ecological
offenders is also imposed. It is true that a criminal law for the environment
shapesdifficultlyatalllevels,national,communitarianandinternational;neither
thecountries,inwhichwemayspeakofatraditioninthisarea(Bertella-Geffray,
2008) ,cannotpraisewiththedrasticreductionoftheecologicaldelinquentacts
and that because the reality shows that a small number of eco-offenders are
criminallyconvictedandthecriminalpenaltiesarealsomodest .Theexplanation
is simple and universally valid: the effective application of the environmental
criminal law depends on the existence of: a) some specialized police officers; 2)
somecriminalmagistratesspecializedinenvironmentalissuesandmotivated;3)
a desireof the judicialinstitutions - especiallyof the public ministry – to include
thefightagainstenvironmentaldelinquencyamongthepriorityobjectives.Also,
we can not speak about a shaped and continuous communitarian jurisdiction,
withenvironmentalcriminalliability,allthemoreasimportantdiscussionswere
held regarding the communitarian competence, or its lack thereof, in the
criminal field (Vial, 2008). Regarding the international jurisdiction, besides the
recognition of the lack of international decisions in the environmental criminal
law, should be emphasizes the need - often cited – to create an international
environmental criminal court. In favor of this idea would be not only the great
numberofinternationalagreementsinthisregard,butalsothefactthat"always
theInternationalCourtofJusticeinTheHaguerefusedtorecognizeanecological
right of intromission (interference)”, reason why it is considered that the
appearanceoftheinternationalenvironmentalcriminalcourtisonlyamatterof
time(Bertella-Geffray,2008).
3
4
Notes
1 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 with oil and other harmful substances, in emergency situations;
PROTOCOL on the protection of the Black Sea marine environment against pollution by
discharge.AftersigningtheConventionandthe3additionalprotocols,thecoastalstates,
being concerned about the dangers that threaten biodiversity, such as eutrophication,
overfishing, pollution and continuous introduction of exotic species; accepting as well
the importance of the Black Sea pollution control with the purpose of preserving
biodiversity, maintaining and restoring the ecosystem functions, have adopted on 31
May2002,inSofia,Bulgaria,thePROTOCOLonConservationoftheBlackSeaBiodiversity
andLandscapetotheConvention ontheProtectionoftheBlackSeaAgainstPollution.
Page | 63 IBSUSJ 2011, 5(1)
Scientific Journal of International Black Sea University2
3
4
Respectivelyincategories,amongwhich:organostaniccompounds,mercury,cadmium,
leadandtheircompounds,etc.
I
several decisions are provided as examples (e.g 1. conviction of a person
forcapturing,storing,transportingandmarketingofnon-domesticanimalsbelongingto
protectedspecies-isabout36birdsfromprotectedspecies–for3yearsofimprisonment
withdeferment;2.convictionofaperson,theownerofanestablishmentwiththescope
of receiving pets – for maltreatment of an animal placed in its care - for 3 months
imprisonmentwithdefermentand6000eurofine).
nthisarticleisemphasizedthatin2006-2007theenvironmentalcrimeswererelatedto
noisepollutionand non-compliancewiththenon-protectedspecieslegislation.
In the article,
Idem,p.21.
ţu, M., 1994, Convention on the protection of the Black Sea against pollution, in
RomanianLawStudiesReview(Studiidedreptromânesc),no.1/1994,pages31-37
Duţu,M.,2003,Leregimejuridiquedelaconservationdesressourcesbiologiquesetdela
biodiversitédelaMerNoire,inRomanianJournalofEnvironmentalLaw(Revistaromân
ţu, M., 2007, Journal of Environmental Law (Tratat de dreptul mediului), pages 764-
769,3rdedition,C.H.BeckPublishingHouse,Bucharest
European Institute of Romania SPOS 2007 Project – Strategy and policies studies Study
no. 4. TOWARDS A EUROPEAN STRATEGY IN THE BLACK SEA AREA. THE TERRITORIAL
COOPERATION, Bucharest, December 2007, PhD Adrian Pop (coordinator), PhD Dan
Manoleli
Vial, C. , 2008, Protection de l'environnement. Droit communautaire Eténdue de la
competence communautairee nm a t ire pénale la CJCE éclaicit lesz o n es d'ombre, en
EnvironnementRevueMensuelleLexismexisJurisclasseur-février,2008,p.40-42.
References
Bertella-Geffray, M.O., 2008, Un an de droit p nal de l'environnement, en
Environnement-RevueMensuelleLexisnexisjurisclasseur-f vrier,2008,Paris,p.19-24
Black SeaS y n ergy – A NewR egional Cooperation Initiative, Communication from the
CommissiontotheCouncilandtheEuropeanParliament,COM(207)160final,Brussels,
11April2007
Commission on the Protection of the Black Sea Against Pollution, State of the
EnvironmentoftheBlackSea,Report,Istanbul,2002
Du
ă
dedreptalmediului), no.1/2003,pages119-129
Du
Page | 64 IBSUSJ 2011, 5(1)
Ileana Anca DUŞCĂ & Ana-Maria MORARU

Un an de droit p nal de l'environnement, en Environnement-RevueMensuelleLexisnexisjurisclasseur-f vrier,2008,Paris,p.19-24 Black SeaS y n ergy – A NewR egional Cooperation Initiative, Communication from the

Is the Bucharest Convention on the protection of the Black Sea against pollution still a matter of general concern? Has it reached its purpose?

http://journal.ibsu.edu.ge/index.php/ibsusj/article/download/197/174

Is the Bucharest Convention on the protection of the Black Sea against pollution still a matter of general concern? Has it reached its purpose?

Abstract

Similar works

Full text

Available Versions

Research Papers in Economics