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Annex V Draft Revised LBSA Protocol Concept & Principal Elements Dr. Sergei Vinogradov

Annex V Draft Revised LBSA Protocol Concept & Principal Elements Dr. Sergei Vinogradov. National Workshop for Ukraine in Support of Capacity-Building of National and Local Authorities Responsible for the Implementation of the LBSA Protocol to the Bucharest Convention Odessa, 1-2 March 2007.

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Annex V Draft Revised LBSA Protocol Concept & Principal Elements Dr. Sergei Vinogradov

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  1. Annex V Draft Revised LBSA Protocol Concept & Principal Elements Dr. Sergei Vinogradov National Workshop for Ukraine in Support of Capacity-Building of National and Local Authorities Responsible for the Implementation of the LBSA Protocol to the Bucharest Convention Odessa, 1-2 March 2007

  2. Grounds for the revision • Outdated substance and legal form of the existing Protocol • Problems encountered throughout the region in implementing the Protocol • Priorities accorded to certain pollutant categories do not coincide with actual problems of the Black Sea (e.g. nutrients) • Impact of the 1995 GPA & other relevant regional instruments • The EU accession process made compliance with the EU Framework Water Directive a compulsory requirement for at least in three out of the six coastal countries (Bulgaria, Romania and Turkey) • Need to better incorporate and address the negative impacts caused by activities beyond the coastal countries 2

  3. Process of the revision • First Consultative meeting (December 2003) – decisions: • To revise the existing Protocol • To review (and expand) the geographical scope • To harmonize regional and national measures & activities • Second Consultative meeting (May 2004) – decision: • To accept the concept & principal elements of the new protocol • 1 draft – June 2004 • Submitted for comments to LBS AG • 2 draft – August 2004 • 16 September – submitted to UNON, BSERP & BSC-PS • Draft approved by 11th meeting of the BSC, summary of comments sent to UNEP/GPA (Dec. 2005) • 3 draft – prepared in July 2006 and submitted to BSERP-PIU 3

  4. General concept of the revised LBSA Protocol • Modern approach • Account of new principles & notions of environmental law • Account of international practice (especially 1995 GPA, 1996 Mediterranean Protocol, 1992 Helsinki Convention and 1992 OSPAR Convention) • Account of special characteristics of the region • Adequate geographical and substantive scope • Proper terminology • More detailed rights and obligations of the Contracting Parties 4

  5. Preamble

  6. Purpose (Objectives)

  7. Definitions

  8. Scope of application

  9. General obligations

  10. Measures of Implementation

  11. Common guidelines and standards

  12. Pollution from point sources

  13. Pollution from diffuse sources

  14. Transboundary Impacts

  15. Monitoring

  16. Environmental Impact Assessment

  17. Exchange of information

  18. Public participation

  19. Cooperation and assistance

  20. Compliance

  21. Funding

  22. Institutional aspects of the Protocol implementation

  23. Final clauses

  24. Annexes

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