INTERIM FINANCIAL RULES GOVERNING THE PROGRAM OF ACTIONS UNDERTAKEN WITHIN THE
FRAMEWORK OF THE CONVENTION ON THE PROTECTION OF THE BLACK SEA AGAINST POLLUTION
The following interim rules shall govern the financial administration of the program of actions undertaken within
the framework of the Convention on the Protection of the Black Sea Against Pollution (hereinafter referred to as
the Convention) for a period of three years from September 2000 through August 2003. Within this period, it is
planned that the Contracting Parties shall establish a Black Sea Environmental Fund, which would serve as the
primary source of financing the implementation of the Convention. These rules shall therefore be revised upon
the establishment of such a fund.
The Contracting Parties of the Convention have agreed to delegate the financial responsibilities of the program
of actions to the Commission on the Protection of the Black Sea Against Pollution (hereinafter referred to as
the Commission) established under the Convention. The Commission will carry out this responsibility within the
framework of the rules specified below.
These rules, as recommended by the Commission and adopted by the First Meeting of the Contracting Parties in
accordance with the Article XXIII of the Convention may be amended by the Contracting Parties on the basis of
unanimity.
RULE 1 FINANCIAL PERIOD
1. Each financial period of the Commission shall cover the period of one year starting 1 September and ending
31 August.
RULE 2 BUDGET
1. The Commission shall adopt a work plan and a budget for the following financial period and budget estimate
for the financial period following thereafter each year at its regular meeting. Should there be a need for a
supplementary budget; the Commission may adopt one at any meeting. The rules applying to the regular budget
will apply to the supplementary budget as well.
2. The draft work plan and budget for the following financial period and the draft budget estimate for the
financial period following thereafter will be prepared by the Secretariat.
3. The draft work plan and budget and the draft budget estimate shall be dispatched by the Executive Director
to all Contracting Parties at least forty-five days before the date fixed for the regular meeting and
without delay after the Chairman of the Commission issues the convocation for an extraordinary meeting at
which they are to be considered. The Commission will adopt the budget at least 6 months before the year it
is meant for.
4. The draft budget shall be accompanied by accounts showing the amount of appropriations and actual
expenditure for the preceding financial period and the amount of appropriations for the current financial
period as well as by such information as the Commission may specify.
5. The draft budget and the draft budget estimate shall cover income and expenditure for the financial period
to which they relate, and shall be presented in US Dollars.
6. The budget and the budget estimate shall be divided by function into chapters and, when necessary, into
sub-chapters.
RULE 3 APPROPRIATIONS
1. The appropriations voted by the Commission for the following financial period shall constitute an
authorization to the Executive Director to incur obligations and make payments for the purposes for which
the appropriations were voted and up to the amounts so voted.
2. Appropriations shall be available for obligations during the financial period to which they relate.
Remaining appropriations at the close of the financial period shall be carried over to the following
year’s budget.
3. Transfer within the same chapter of the budget may be effected by the Executive Director, who shall report
thereon to the Commission.
RULE 4 ANNUAL CONTRIBUTIONS
1. The appropriations for a financial period shall be financed by annual contributions (assessed and
voluntary) by the Contracting Parties. The Government of Turkey will cover 40% of the total costs of
establishing and operating expenses of the Secretariat. The remaining contributions will be covered by the
contracting parties on an equal basis.
2. Within the first year, the Contracting Parties will review and possibly revise the shares of assessed
contributions on the basis of an analysis of coastal municipal populations, GDP per capita and other
relevant criteria.
3. As soon as the Commission has approved the budget and any supplementary budget for a financial period, the
Executive Director shall send a copy thereof to all Contracting Parties, notifying them of their yearly
assessments during the financial period. Contributions to the budget and any supplementary budget shall be
payable in US Dollars within 90 days of receipt of the information from the Executive Director on the amount
of contributions in the coming financial period or on the first of August, whichever is later.
4. However, a Contracting Party may inform the Executive Director of its preference to pay its contributions
to the budget in two installments. In such a case at least half of the contribution shall be payable
according to the provision in the preceding paragraph and the remaining amount within six months from that
date.
5. A Contracting Party may wish to pay a portion of its contribution to the budget in kind. In this case, the
budget items which will be covered by the relevant Party in kind will be specified in the budget proposal
and shall have to be agreed by the Commission during the budget approval process. The Commission therefore
reserves the right to limit any country’s in-kind contribution.
6. Payment of any contribution in any convertible currency other than U.S. Dollars shall be calculated on the
basis of the current buying rate of the Turkish Central Bank for the U.S. Dollar against that currency.
7. New contracting Parties whose membership in the Commission become effective during the first six months of
any financial year shall pay the full amount of the annual contribution. New Contracting Parties whose
membership in the Commission become effective during the last six months of any financial year shall pay
half the amount of the annual contribution. The contribution shall be paid within ninety days of depositing
the instrument of accession with the Depository Government.
RULE 5 SPECIAL CONTRIBUTIONS
1. The Commission may accept contributions from third countries or from organizations to carry out specific
tasks, which are in accordance with the objectives of the Convention. The Executive Director shall establish
special accounts to cover such contributions and shall report thereon to the Commission. These contributions
shall be used and administered in accordance with the rules specified herewith and for the activities agreed
upon by the Commission.
RULE 6 FINANCIAL PROVISIONS FOR
STAFFING THE SECRETARIAT
6.1 Remuneration
1. The salaries of the Secretariat staff will be determined by the Commission.
2. The payment of salaries and other remuneration shall be effectuated in US$ .
3. The members of the Secretariat staff shall receive 75 % max. of annual tuition cost for each dependent
child not exceeding $ 1000 only for the professional staff.
4. Staff members shall be entitled to an allowance for each dependent child under 18 years of age and if
the education of the child is continuing without any interruption up to the age of 23. The amount of
this allowance will be fixed by the Commission.
5. Staff members (including dependent family members) arriving from outside or moving from the venue of
the headquarters will receive removal/installation expenses.
6. A housing subsidy will be accorded to the staff members depending on the service category of their
posts. This amount will be fixed by the Commission upon the proposal of the Executive Director.
7. Upon termination of employment, one month’s salary will be paid for each year of service of a
staff member as indemnity payment.
8. In case of physical incapacity or death of a staff member, a one month salary, together with payment
for accrued leave, shall be paid to his/her family, in addition to the above indemnity payment.
9. The Commission shall compensate all taxes of the Permanent Secretariat staff levied on salaries and
other emoluments paid to them by the Commission when such are due pursuant to the tax legislation of the
Contracting Parties.
6.2 Social Security
1. For the purposes of these rules the family of any staff member means the staff member, spouse and
dependent children under age 18 and if the education of the child is continuing without any interruption
up to the age of 23, unless specified otherwise.
2. The staff member and his/her family will get medical insurance.
3. The staff member may be granted a sick leave provided that they submit a medical certificate. If the
staff member does not present a medical certificate for each day a corresponding amount will be deducted
from his/her salary.
6.3 Allowances
1. Official duty travel expenses and hotel accommodations shall be paid from the Secretariat’s
budget if they are not covered by the host country. For this purpose, per-diems shall be paid according
to the United Nations scale.
2. A representation allowance will be accorded once a year to the Executive Director as decided by the
Commission.
RULE 7 GENERAL FUND
1. For the purposes of managing financial contributions and expenditures of the Commission, a General Fund
shall be established. The General Fund shall be credited with the annual contributions from Contracting
Parties and any other income accruing to the Commission. All general expenditure of the Contacting Parties
and the Commission shall be made from the General Fund.
RULE 8 CUSTODY OF DEPOSITS
1. The Executive Director shall designate the bank or banks in which the deposits of the Commission shall be
kept and report all such depositories to the Commission.
RULE 9 ACCOUNTS
1. The Executive Director shall maintain such accounts as are necessary and shall prepare final accounts at
the end of the financial period. The accounts shall be presented in US Dollars and shall show:
a) The income and expenditures,
b) The status of appropriations including: the original budget appropriations; the appropriations as
modified by transfer; credits, if any, other than the appropriations voted by the Commission; the amounts
charged against those appropriations and/or other credits,
c) The assets and liabilities of the Commission.
2. The Executive Director shall submit a Statement of Accounts for each financial period to the auditors not
later than ninety days following the end of the financial period and to the Contracting Parties not later
than sixty days before the next regular meeting of the Commission. The statement shall show the income of
the Commission, and under separate headings, expenditure. The Executive Director shall attach to the
statement an explanatory memorandum.
RULE 10 INTERNAL CONTROL
1. The Executive Director:
a) shall elaborate detailed procedures in order to ensure effective financial administration and the
exercise of economy. Such procedures, once elaborated, shall be presented to the first meeting of the
Commission following the establishment of the Secretariat;
b) will have direct and sole responsibility for all expenditures incurred by the general fund and special
accounts;
c) may nominate an alternate officer to authorize expenditures in his absence, as well as certifying
officers, for the approval of the Commission.
2. Auditing of the Commission's activities will be carried out by a specialized sub-group composed of three
experts nominated by the Contracting Parties rotating among the Parties in alphabetical order and provided
free of charge. Auditing modalities will be fixed by the sub-group itself. The report will be submitted to
the Contracting Parties in convention or in written procedure.
RULE 11 FINANCIAL STATEMENT
1. The activities and financial statement of the programme of actions undertaken
within the framework of the Convention will be presented annually in a document available
to the public.
Agreement On The Privileges And Immunities Of The Commission On The Protection Of The
Black Sea Against Pollution
Whereas the Article XVII paragraph 8 of the Convention on the Protection of the Black Sea Against Pollution,
signed in Bucharest on the 21 April 1992 (hereinafter referred to as the Convention) provides that
Representatives, Alternate Representatives, Advisers and Experts of the Contracting Parties shall enjoy in the
territory of the respective Contracting Party diplomatic privileges and immunities in accordance with
international law;
Whereas Article XVII paragraph 9 of the Convention provides that the privileges and immunities of the officials
of the Secretariat shall be determined by agreement among Contracting Parties;
Whereas Article XVII paragraph 10 of the Convention provides that the Commission shall have such legal capacity
as may be necessary for the exercise of its functions;
Whereas Article XVII paragraph 11 of the Convention provides that the Commission shall conclude a Headquarters
Agreement with the host Contracting Party;
Consequently the States Parties to the Convention, have agreed as follows:
Article I
Definitions
For the purposes of this Agreement:
(a) "Convention" means the Convention on the Protection of the Black Sea Against Pollution, signed
in Bucharest, 21 April 1992;
(b) "Contracting Party" means the State Party to the Convention;
(c) "the Commission" means the Commission on the Protection of the Black Sea Against Pollution
established in accordance with paragraph 1 of the Article XVII of the Convention and includes its
Secretariat and other subsidiary bodies;
(d) "the Secretariat" means the permanent body of the Commission to be established in accordance
with paragraph 6 of the Article XVII of the Convention;
(e) "Government" means the Government of the Contracting Party concerned;
(f) "the Host Contracting Party" means, as the case may be, the Contracting Party on the territory
of which the Headquarters or premises of the Commission are located, a meeting of the Commission or of its
organ is held and where any staff member of the Secretariat is while exercising mission for the Commission;
(g) “Representatives of Contracting Parties” means Representatives, Alternative Representatives
and other members of delegations sent by Contracting Parties to participate in the meetings held by the
Commission or its organ, including advisors and experts of delegations;
(h) “the Executive Director" means the principal administrator of the Secretariat;
(i) “the Officials of the Secretariat" means the Executive Director and other officials appointed
by the Commission and are subject to the staff regulations adopted by the Commission;
(j) “the support staff” means the auxiliary, administrative and technical personnel appointed by
the Executive Director, including those who are locally recruited and assigned to hourly rates of payment
and are subject to the staff regulations adopted by the Commission.
(k) “premises of the Commission” means the buildings or parts of buildings and the land ancillary
thereto, irrespective of ownership, used by the Commission, on a permanent or temporary basis, to carry out
its functions.
Article 2
Interpretation
This Agreement shall be interpreted in light of its primary objective of enabling the Commission, to
discharge its responsibilities and fulfil its purposes and functions effectively.
Article 3
Juridical Personality
The Commission shall possess juridical personality.
The Commission shall have the capacity
(a) to contract,
(b) to acquire and dispose of immovable and movable property,
(c) to institute legal proceedings.
Article 4
Immunity from Legal Proceedings
1. Within the scope of its activities, the Commission shall enjoy immunity from any form of legal
proceedings, except in the case of
(a) civil action by a third party for damages arising out of an accident
caused by a vehicle belonging to or operated on behalf of the Commission,
where these damages are not recoverable from insurance.
(b) civil action relating to death or personal injury caused by an act
or omission of the Commission or its staff member.
2. Without prejudice to the provision of paragraph 1 of this article,
the property and assets of the Commission wherever located and by whomsoever held,
shall be immune from search, requisition, confiscation,
expropriation and any other form of interference,
whether by executive, administrative, judicial or legislative action.
Article 5
Premises
The premises of the Commission are inviolable.
The Government of the Host Contracting Party shall
provide appropriate security consistent with the status
of the Commission as an Inter-Governmental Organisation
against any intrusion or damage and to prevent any
disturbance of the peace nearby or in the premises of the Commission.
The premises of the Commission shall be supplied with necessary public services,
including electricity, water, sewerage, gas, post, telephone, facsimile, telex, modem,
electronic mail, drainage, collection of refuse and fire protection,
and that such public services are rendered on terms not less favourable than that
accorded by the Government of the
Host Contracting Party to other UN Specialised Agencies.
Article 6
Funds and Currencies
Within the scope of its functions, without being restricted by financial controls, regulations or moratoria
of any kind, other than exercised by the Contracting Parties jointly, the Commission:
(a) may hold funds, gold or currency, of any kind and operate accounts in any currency;
(b) may freely transfer their funds, gold or currency, from one country to another or within the Host
Contracting Party and convert any currency held by it into any other currency.
Article 7
Inviolability of archives
The archives of the Commission shall be inviolable wherever located or by whomsoever held. The term
“archives" means all records, correspondence, documents, manuscripts, photographs, films and
recordings belonging to or held by the Commission or by any physical or juridical persons nominated by the
Commission to this effect.
Article 8
Exemption from Customs and Excise Duties
1. The Commission, its assets, income and other property shall be exempt:
(a) from all direct taxes, including income and corporate taxes: it is understood, however, that the
Commission will not claim exemption from taxes which are in fact no more than charges for public utility
services;
(b) from customs duties and restrictions on imports and exports in respect of articles imported or exported
by the Commission for its official use and its publications with the exception of charges levied for
specific services which may be imposed on the Commission by reason of such imports and exports; it is
understood, however, that articles imported under such exemption will not be sold in the country to which
they were imported except under conditions agreed to with the Government concerned;
(c) for the purposes of this article, the term duties means custom duties, taxes and related charges which
are established, or can be established, in accordance with regulations of the respective Contracting
Parties.
2. The Commission shall not, as a general rule, claim exemption from excise duties and from taxes such as VAT
on the sale of services or movable and immovable property which form part of the price to be paid.
Nevertheless, when the Commission is making important purchases for official use of services or property on
which such duties and taxes have been charged or are chargeable, the Government of the concerned Contracting
Party shall, whenever possible, make appropriate administrative arrangements for the remission or return of
the amount of duty or tax.
Article 9
Communications and Publications
1. The Commission shall enjoy, in the territories of the concerned Contracting Parties for its official
communications, treatment not less favourable than that accorded by the Government to other UN Specialised
Agencies in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos,
telephone and other communications, and press rates for information to the press, television and radio.
2. No censorship shall be applied by the concerned Contracting Parties to the official correspondence and
other official communications of the Commission.
Article 10
Contacts with the Government
The Executive Director is authorised to contact the Governments directly for issues pertaining to the
activities and the day to day management of the Secretariat. However the counterpart of the Governments on
substantial issues shall be the Commission through its Chairman.
Article 11
Representatives of the Contracting Parties and the Chairman of the Commission
1. Representatives of Contracting Parties and the Chairman of the Commission, while exercising their
functions and during their journeys to and from the place of meetings, enjoy the diplomatic privileges and
immunities as stated in paragraph 8 of the Article XVII of the Convention. This provision is not applicable
between a representative and the authorities of the Contracting Parties of which he or she is a national or
a permanent resident.
2. Privileges and immunities accorded to persons, mentioned in paragraph 1 of the present article, are
intended to safeguard the independent exercise of their functions in connection with the Commission and are
not for the personal benefit of the individuals themselves. Consequently, it is incumbent on a Contracting
Party to waive the immunity of its representatives or national acting as the Chairman of the Commission, if
in the opinion of the Contracting Party, the immunity would impede the course of justice, and where it can
be waived without prejudice to the purpose for which the immunity is accorded.
Article 12
Officials of the Secretariat
1. Officials of the Secretariat shall be immune from legal processes in respect of words spoken or written
and all acts performed by them in the exercise of their official functions or to produce official
correspondence and documents relating thereto;
2. Officials of the Secretariat except those who are the nationals of the host Contracting Party and
permanent residents in the territory of the concerned Contracting Party shall enjoy within and with respect
to the concerned Contracting Party the following privileges and immunities:
(a) Exemption from taxation in respect of salaries and emoluments paid to them by the Commission and on the
same conditions as are enjoyed by the officials of the United Nations of comparable rank in the territory of
the concerned Contracting Party in accordance with the "Convention on the Privileges and Immunities of
the United Nations" (1946).
(b) Exemption in respect of themselves, their spouses and their dependents of under age 18 from immigration
restrictions, aliens registration, from all personal services, from all public services of any kind
whatsoever, and from military obligations such as those connected with requisitioning, military
contributions and billeting in the territories of the Contracting Parties.
(c) Privileges in respect of exchange facilities as are accorded to officials of comparable rank of United
Nations of comparable rank in the territory of the concerned Contracting Party, in accordance with the
"Convention on the Privileges and Immunities of the United Nations" (1946).
(d) With their spouses and relatives dependent on them, the same repatriation facilities in time of
international crises as accorded to officials of comparable rank of the United Nations in the territory of
the concerned Contracting Party, in accordance with the "Convention on the Privileges and Immunities of
the United Nations" (1946).
(e) The right to import free of duty their furniture and effects at the time of first taking up their post in
the territory of the concerned Host Contracting Party, as provided for by the "Convention on the
Privileges and Immunities of the United Nations" (1946) with respect to officials of the United
Nations.
If the officials of the Secretariat on the termination of their functions export furniture and effects to
which this paragraphs applies, they shall be exempt from any customs duties, except payments for services,
which may be imposed by reason of such export.
3. Privileges and immunities are granted to officials in the interests of the Commission only and not for the
personal benefit of the individuals themselves. The Commission shall have the right and the duty to waive
the immunity of the officials of the Secretariat, including the Executive Director in any case where, in its
opinion the immunity would impede the course of the justice and can be waived.
4. With regard to the officials of the Secretariat except those who are the nationals of the Host Contracting
Party and permanent foreign residents in its territory, the Government of the Host Contracting Party shall
issue, where possible, identification cards in conformity with their status. These identification cards will
be used in 1ieu of residence permits.
Article 13
Support Staff of the Secretariat
1. The support staff of the Secretariat are under no obligation to give evidence concerning matters connected
with the exercise of their functions, or to produce official correspondence and documents relating thereto;
2. The support staff of the Secretariat except those who are the nationals of the Contracting Party and
permanent foreign residents in the territories of the concerned Contracting Party:
(a) shall with respect to services rendered for the Secretariat be exempt from any obligations in regard to
work permits imposed by the laws and regulations of the concerned Contracting parties concerning the
employment of foreign labour;
(b) shall be exempt from dues and taxes on wages which they receive for their services;
(c) shall be exempt of all personal services, from all public of any kind whatsoever and from military
obligations such as those connected with requisitioning, military contributions and billeting in the
territories of the concerned Contracting Parties.
3. With regard to the support staff of the Secretariat except those who are the nationals of the Host
Contracting Party and permanent foreign residents in its territory, the Government of the Host Contracting
Party shall issue, where possible, identification cards in conformity with their status. These
identification cards will be used in 1ieu of residence permits.
4. The Executive Director shall have the right and the duty to waive the immunity of a member of the support
staff provided for in paragraph 1 of this article in any case where, in his or her opinion the immunity
would impede the course of justice and can be waived.
Article 14
Social Security
The provisions of the Vienna Convention on Diplomatic Relations, dated 18 April 1961 shall be applicable to
the officials of the Secretariat in matters concerning social security.
Article 15
Cooperation
The Commission shall cooperate at all times with the competent authorities of the respective Contracting
Parties to facilitate proper administration of justice, to secure the observance of police regulations and
to prevent the occurrence of abuses in connection with the privileges, immunities and facilities mentioned
in Articles 12 and 13.
Article 16
Notification of appointments
The Executive Director shall annually send
to the respective Host Contracting Party, a list of all the officials and
support staff of the Secretariat.
The Executive Director on behalf of the Commission
shall inform the Governments of the Host Contracting Party when an
official of the Secretariat takes up or relinquishes his duties.
The Executive Director shall in each case indicate whether or not the
individual concerned is a national of the Host Contracting Party or
permanently resident in the territory of the Host Contracting Party.
Article 17
Depositary
The Depositary of this Agreement shall be the Government of Romania.
Article 18
Amendments
Each Contracting Party may at any time propose an amendment to this Agreement. Such proposals shall be
notified to the Depositary, which shall inform of it other Contracting Parties through diplomatic channels.
The procedure, set forth in Article XXI, paragraph 2 of the Convention, shall apply to the adoption and
entry into force of the amendments to this Agreement.
Article 19
Settlement of Disputes
Any dispute which may arise from the interpretation and implementation of this Agreement shall be resolved
through negotiation between Contracting Parties.
Article 20
Reservations
No reservations may be made to this Agreement.
Article 21
Entry into force and termination
The Agreement shall enter into force on the date following the day the Depositary receives written
information through diplomatic channels from four of the Contracting Parties on the ratification of this
Agreement in accordance with the national procedures, and shall be valid as long as the Convention is in
force.
Done in Istanbul, on the 28th day of the month April two thousand, in the English language in a single copy
which shall remain deposited with the Depositary. The Depositary shall transmit certified copies to the
Contracting Parties.
for the Government of the Republic of Bulgaria ____________________
for the Government of Georgia ____________________
for the Government of Romania ____________________
for the Government of the Russian Federation ____________________
for the Government of the Republic of Turkey ____________________
for the Government of Ukraine ____________________
HEADQUARTERS AGREEMENT BETWEEN THE GOVERNMENT
OF THE REPUBLIC OF TURKEY AND THE COMMISSION ON THE PROTECTION OF BLACK
SEA AGAINST POLLUTION
The Government of the Republic of Turkey and the Commission on the
Protection of the Black Sea Against Pollution;
Having regard to paragraph 11 of the Article XVII of the Convention on
the Protection of the Black Sea Against Pollution;
taking into account paragraph 6 of the Article XVII of the Convention as
per which the headquarters of the Commission and the Secretariat shall be
established in Istanbul;
taking into account paragraph 8 of the Article XVII of the Convention
according to which Representatives, Alternate Representatives, Advisers
and Experts of the Contracting Parties shall enjoy in the territory of the
respective Contracting Parties diplomatic privileges and immunities in
accordance with international law;
taking into account the Agreement on Privileges and Immunities of the
Commission on the Protection of the Black Sea Against Pollution;
considering that the Government of Turkey is also hosting the Programme
Co-ordination Unit of the regional project entitled "Black Sea
Environmental Programme", the objective of which is to assist the
coastal States of the Black Sea for implementing the Convention, have
agreed as follows:
Article I
Definitions
For the purposes of this Agreement:
a) "Convention" means the Convention on the Protection of the
Black Sea Against Pollution signed in Bucharest, 21 April 1992;
b) "Contracting Party" means the State Party to the
Convention;
c) "the Commission" means the Commission on the Protection of
the Black Sea Against Pollution established in accordance with paragraph
1 of the Article XVII of the Convention and includes its Secretariat and
other subsidiary bodies;
d) "the Secretariat" means the permanent body of the
Commission to be established in accordance with paragraph 6 of the
Article XVII of the Convention;
e) "Government" means the Government of the Republic of
Turkey;
f) "the Host Contracting Party" means, as the case may be,
the Contracting Party on the territory of which the Headquarters or
premises of the Commission are located, a meeting of the Commission or
of its organ is held and where any staff member of the Secretariat is
while exercising mission for the Commission;
g) "Representatives of Contracting Parties" means
Representatives, Alternative Representatives and other members of
delegations sent by Contracting Parties to participate in the meetings
held by the Commission or its organ, including Advisers and Experts of
delegations.
h) "the Executive Director" means the principal administrator
of the Secretariat;
i) "the Officials of the Secretariat" means the Executive
Director and other officials appointed by the Commission and are subject
to the staff regulations adopted by the Commission;
j) "the support staff" means the auxiliary, administrative
and technical staff appointed by the Executive Director, including those
who are locally recruited and assigned to hourly rates of payment and
are subject to the staff regulations adopted by the Commission.
k) "premises of the Commission" means the buildings or parts
of buildings and the land ancillary thereto, irrespective of ownership,
used by the Commission, on a permanent or temporary basis, to carry out
its functions.
Article 2
Interpretation
This Agreement shall be interpreted in light of its primary objective
of enabling the Commission at its Headquarters in the Republic of Turkey
(city of Istanbul) to discharge its responsibilities and fulfil its
purposes and functions effectively.
Article 3
Juridical Personality
The Commission shall possess juridical personality. The Commission
shall have the capacity:
a) to contract;
b) to acquire and dispose of immovable and movable property;
c) to institute legal proceedings.
Article 4
Immunity from Legal
Proceedings
1. Within the scope of its activities, the Commission shall enjoy
immunity from any form of legal proceedings, except in the case of:
a) civil action by a third party for damages arising out of an accident
caused by a vehicle belonging to or operated on behalf of the
Commission, where these damages are not recoverable from insurance;
b) civil action relating to death or personal injury caused by an act
or omission of the Commission or its staff member.
2. Without prejudice to the provision of paragraph 1 of this
article, the property and assets of the Commission wherever located and
by whomsoever held, shall be immune from search, requisition,
confiscation, expropriation and any other form of interference, whether
by executive, administrative, judicial or legislative action.
Article 5
Premises
1. The Government shall provide a convenient building to the
Commission free of rent for an unlimited time. The location of the
permanent headquarters of the Commission will be selected in
consultation with the Commission. The premises of the Commission may be
changed upon mutual agreement.
2. The Government shall undertake to facilitate the acquisition or
hire of additional premises by the Commission at such time as they may
be needed.
3. Any location other than the Commission premises which may be used in
concurrence with the Government for meetings convened by the Parties or
the Commission shall be temporarily considered as a part of the
headquarters.
4. The Government and the Commission may jointly agree to allow for the
temporary or permanent use of the headquarters by third parties involved
in studies or programmes pertaining to the Black Sea.
5. The premises of the Commission shall be supplied with necessary
public services, including electricity, water, sewerage, gas, post,
telephone, facsimile, telex, modem, electronic mail, drainage,
collection of refuse and fire protection; and that such public services
are rendered on terms not less favourable than that accorded by the
Government to other inter-governmental specialised agencies.
6. The premises of the Commission shall be inviolable.
7. The Government of the Host Contracting Party shall provide
appropriate security consistent with the status of the Commission as an
Inter-Governmental Organisation against any intrusion or damage and to
prevent any disturbance of the peace nearby or in the premises of the
Commission.
Article 6
Funds and Currencies
Within the scope of its functions, without being restricted by
financial controls, regulations or moratoria of any kind, other than
exercised by the Contracting Parties jointly, the Commission:
a) may hold funds, gold or currency, of any kind and operate accounts
in any currency;
b) may freely transfer their funds, gold or currency, from one country
to another or within the Host Contracting Party and convert any currency
held by it into any other currency.
Article 7
Inviolability of Archives
The archives of the Commission shall be inviolable wherever
located or by whomsoever held. The term "archives" means all
records, correspondence, documents, manuscripts, photographs, films and
recordings belonging to or held by the Commission or by any physical or
juridical persons nominated by the Commission to this effect.
Article 8
Expenditures
1. The Government shall meet 40 % of the total amount of initial
expenditures regarding the establishment of the Headquarters of the
Commission. The remaining 60 % of the total amount shall be met by the
other Contracting Parties.
For a period of three years, the Government shall meet 40 % of the
operational expenses of the Commission. The remaining 60 % of such
expenses shall be met by the other Contracting Parties.
2. a) Equipment such as computers, printers, CD-ROM units,
facsimile and photocopying machines, modem and other equipment required
by the Commission and the Secretariat will be purchased from the budget
of the Commission.
b) Furniture and other office elements/systems will be purchased from
the budget of the Commission.
c) All maintenance and operational expenses regarding (a) and (b) above
will be covered from the budget of the Commission.
d) The running costs, such as electricity and water supply (including
air conditioning/cooling), telephone, facsimile, E-mail and other
communication charges, cleaning, routine keep-up and sanitary services
of the Secretariat will be covered from the budget of the Commission.
Article 9
Exemption from Customs and
Excise Duties
1. The Commission, its assets, income and other property shall be
exempt:
a) from all direct taxes, including income and corporate taxes: it is
understood, however, that the Commission will not claim exemption from
taxes which are in fact no more than charges for public utility
services;
b) from customs duties and restrictions on imports and exports in
respect of articles imported or exported by the Commission for its
official use and its publications with the exception of charges levied
for specific services which may be imposed on the Commission by reason
of such imports and exports; it is understood, however, that articles
imported under such exemption will not be sold in the country to which
they were imported except under conditions agreed to with the Government
concerned;
c) for the purposes of this article, the term duties means custom
duties, taxes and related charges which are established, or can be
established, in accordance with regulations of the respective
Contracting Parties.
2. The Commission shall not, as a general rule, claim exemption
from excise duties and from taxes such as VAT on the sale of services or
movable and immovable property which form part of the price to be paid.
Nevertheless, when the Commission is making important purchases for
official use of services or property on which such duties and taxes have
been charged or are chargeable, the Government of the concerned
Contracting Party shall, whenever possible, make appropriate
administrative arrangements for the remission or return of the amount of
duty or tax.
Article 10
Communications and
Publications
1. The Commission shall enjoy, in the territory of Turkey, for its
official communications, treatment not less favourable than that
accorded by the Government to other UN specialised agencies in the
matter of priorities, rates and taxes on mails, cables, telegrams,
radiograms, telephotos, telephone and other communications, and press
rates for information to the press, television and radio.
2. No censorship shall be applied to the official correspondence
and other official communications of the Commission.
Article 11
Contacts with the Government
The Executive Director is authorised to contact the Government
directly for issues pertaining to the activities and to the day to day
management of the Secretariat. However the counterpart of the Government
on substantial issues shall be the Commission through its Chairman.
Article 12
Representatives of the
Contracting Parties and the Chairman of the Commission
1. Representatives of Contracting Parties and the Chairman of the
Commission, while exercising their functions and during their journeys
to and from the place of meetings, enjoy the diplomatic privileges and
immunities as stated in paragraph 8 of the Article XVII of the
Convention. This provision is not applicable between a representative
and the authorities of the Contracting Parties of which he or she is a
national or a permanent resident.
2. Privileges and immunities accorded to persons, mentioned in
paragraph 1 of the present article, are intended to safeguard the
independent exercise of their functions in connection with the
Commission and are not for the personal benefit of the individuals
themselves. Consequently, it is incumbent on a Contracting Party to
waive the immunity of its representatives or national acting as the
Chairman of the Commission, if in the opinion of the Contracting Party,
the immunity would impede the course of justice, and where it can be
waived without prejudice to the purpose for which the immunity is
accorded.
Article 13
Officials of the Secretariat
1. Officials of the Secretariat shall be immune from legal
processes in respect of words spoken or written and all acts performed
by them in the exercise of their official functions or to produce
official correspondence and documents relating thereto;
2. Officials of the Secretariat except those who are the nationals
of the Republic of Turkey and permanent foreign residents shall enjoy
within and with respect to the Republic of Turkey the following
privileges and immunities:
a) Exemption from taxation in respect of salaries and emoluments paid
to them by the Commission and on the same conditions as are enjoyed by
the officials of the United Nations of comparable rank in the territory
of the Republic of Turkey in accordance with the "Convention on the
Privileges and Immunities of the United Nations" (1946);
b) Exemption in respect of themselves, their spouses and their
dependents of under age 18 from immigration restrictions, aliens
registration, from all personal services, from all public services of
any kind whatsoever, and from military obligations such as those
connected with requisitioning, military contributions and billeting in
the territories of the Republic of Turkey;
c) Privileges in respect of exchange facilities as are accorded to
officials of comparable rank of United Nations of comparable rank in the
Republic of Turkey, in accordance with the "Convention on the
Privileges and Immunities of the United Nations" (1946);
d) With their spouses and relatives dependent on them, the same
repatriation facilities in time of international crises as accorded to
officials of comparable rank of the United Nations in the territory of
the Republic of Turkey, in accordance with the "Convention on the
Privileges and Immunities of the United Nations" (1946);
e) The right to import free of duty their furniture and effects at the
time of first taking up their post in the Republic of Turkey, as
provided for by the "Convention on the Privileges and Immunities of
the United Nations" (1946) with respect to officials of the United
Nations.
If the officials of the Secretariat on the termination of their
functions export furniture and effects to which this paragraphs applies,
they shall be exempt from any customs duties, except payments for
services, which may be imposed by reason of such export.
3. Privileges and immunities are granted to officials in the
interests of the Commission only and not for the personal benefit of the
individuals themselves. The Commission shall have the right and the duty
to waive the immunity of the officials of the Secretariat, including the
Executive Director in any case where, in its opinion the immunity would
impede the course of the justice and can be waived.
4. With the purpose of facilitating the performance of their
functions, identification cards with the same effect of the residence
permits shall be issued to them, their spouses and their dependents of
under age of 18, by the Government.
Article 14
Support Staff of the
Secretariat
1. The support staff of the Secretariat are under no obligation to
give evidence concerning matters connected with the exercise of their
functions, or to produce official correspondence and documents relating
thereto;
2. The support staff of the Secretariat except those who are the
nationals of the Republic of Turkey and permanent foreign residents in
its territory:
a) shall with respect to services rendered for the Secretariat be
exempt from any obligations in regard to work permits imposed by the
laws and regulations of the Republic of Turkey concerning the employment
of foreign labour;
b) shall be exempt from dues and taxes on wages which they receive for
their services;
c) shall be exempt of all personal services, from all public of any
kind whatsoever and from military obligations such as those connected
with requisitioning, military contributions and billeting in the
territory of the Republic of Turkey.
3. With regard to the support staff of the Secretariat except
those who are the nationals of the Republic of Turkey and permanent
foreign residents in its territory, the Government shall issue
identification cards in conformity with their status. These
identification cards will be used in 1ieu of residence permits.
4. The Executive Director shall have the right and the duty to
waive the immunity of a member of the support staff provided for in
paragraph 1 of this article in any case where, in his or her opinion the
immunity would impede the course of justice and can be waived.
Article 15
Social Security
The provisions of the Vienna Convention on Diplomatic Relations,
dated 18 April 1961 shall be applicable to the officials of the
Secretariat in matters concerning social security.
Article 16
Cooperation
The Commission shall cooperate at all times with the competent
authorities of the Government to facilitate proper administration of
justice, to secure the observance of police regulations and to prevent
the occurrence of abuses in connection with the privileges, immunities
and facilities mentioned in Articles 13 and 14 above.
Article 17
Notification of appointments
The Executive Director shall annually send to the Government, a
list of all the officials and support staff of the Secretariat. The
Executive Director on behalf of the Commission shall inform the
Government when an official of the Secretariat takes up or relinquishes
his duties. The Executive Director shall in each case indicate whether
or not the individual concerned is a national of or resident in the
Republic of Turkey.
Article 18
Amendments
The Commission and the Government may at any time propose an
amendment to this Agreement and it can be amended through negotiation
between the Commission and the Government.
Article 19
Settlement of Disputes
Any dispute that may arise from the interpretation and
implementation of this Agreement shall be resolved through negotiation
between the Government and the Commission.
Article 20
Entry into force and
termination
The present agreement shall enter into force on the date following
the day the Depositary receives written information from the Government
of Turkey on the ratification of this agreement in accordance with the
national procedures, and shall be valid as long as the location of the
headquarters is in Istanbul.
In the event of the headquarters of the Commission being moved
from the territory of the Republic of Turkey, this Agreement shall cease
to be in force after a reasonable period required for such transfer and
the disposal of the property of the Commission in the Republic of Turkey
upon the decision taken by the Contracting Parties.
Done in Istanbul, on the 28th day of the month April two thousand
in the English and Turkish languages, in three copies, both texts being
equally authentic which are going to be maintained by the Depositary, by
the Government of the Republic of Turkey and by the Black Sea
Commission.
On behalf of the Commission On behalf of the Government of the
Republic of Turkey
Information Policy
of the Commission on the Protection of the Black Sea Against
Pollution
Resolution of the 13th Meeting of the Commission on the Protection of the Black Sea Against Pollution
The Commission on the Protection of the Black Sea Against Pollution took note of the developed document and the
work carried out in incorporating comments from the countries and approved the document.
Introduction
[What is the Black Sea
Commission, Institutional Setup, Information Flows resulting from the
Implementation of the Convention on the Protection of the Black Sea Against
Pollution].
1 Goals & Objectives of the Information Policy
The main goals and objectives of this document is
to provide a framework document outlining the information release and
dissemination policy to be applied by the Commission on the Protection of
the Black Sea Against Pollution. The goals and objectives arise from the
strategic goals of the Convention on the Protection of the Black Sea Against
Pollution and the Black Sea Strategic Action Plan.
· Provide a framework for information exchange
· Decrease withholding of information due to lack of
institutionalization
· Improve information flow
2 Basic Principles of the Information Policy
2.1 The Principle of Free Access to Information
The principle of free access to information
postulates that information provided to and y he Commission on the
Protection of the Black Sea Against Pollution is provided for with a
non-profit goal as distinct form commercial information services.
An extension of this principle also postulates that
access to information is free and unrestricted, i.e. the Commission on the
Protection of the Black Sea Against Pollution strives to provide maximum
information on the state of the environment, on its activities and to ensure
transparency and accountability.
2.2 The Principle of Data Copyright and Data Ownership
The principle of data copyright on information
provided to and received from the Black Sea Commission postulates that the
Black Sea Commission observes, respects and upholds the data ownership and
copyright holders of the data source, to and within the limits of the
original data ownership and copyright holders.
2.3 The Principle of Maximum Access to Information
This principle postulates that the Black Sea
Commission itself does not impose any additional restrictions on the use of
information other than those imposed by the original author, data owner or
copyright owner. /p>
2.4 The Principle of Encouraging Information Dissemination
The Black Sea Commission welcomes and encourages
the widest spread of information on its activities, etc.
2.5 The Principle of Information Audit and Information Traceability
According to this principle the information should
be quoted either “by reference” or “by source”. Quotation “by reference”
allows the final information or assessment to be traced back by following
the chain of previous references, whereas the “quotation by source” allows
direct access to the information source. It is recommended that information
either be quoted “by reference” or “by source” through the data flow and
data assessment process. This facilitates the traceability and audit of the
information. A combination of the two quotation methods makes it more time
consuming to trace information and observe the respective ownership and
copyrights.
2.6 Meta data database, information sources register and information
logging and reistering
This principle postulates that information transfer
and assessment should be logged and registered to the most possible and
practical extent to ensure data traceability and auditing.
3 Information Access Levels
3.1 Unrestricted Access
By definition the unrestricted level — allows
access to any information on the work of the Black Sea Commission and its
institutions and subsidiary organs.
3.2 Restricted Access
Restricted levels of access imply that either the
original data owners’ restrictions are transferred at each stage of the
information processing and assessment. Restrictions may be in several forms:
· Access restrictions — these comprise limitations on accessing
the data
· Conditional restrictions — these restrictions mean that the
data may be accessed but its further processing, release or re-release or
releasing may be subject to conditions and terms of use.
4 Information Types
4.1 Classification of information types
The classification of information types is based on
the following three groups of criteria:
4.1.1 Information source
The information source classification follows the
institutional source of information: i.e.
· Black Sea Commission
· National governments,
· National government institutions,
· private entities,
· independent or scientific research,
· project/task specific data
· miscellaneous
4.1.2 Information content
The information types are defined based on the
conclusions and assessments which can be made based on certain raw or
aggregated data. Thus, information which serves to enable assessment of the
state of the environment, including marine environment, biodiversity, is
termed as ‘environmental information’. Information which allows the
assessment of the sources of effects on the environment, thus enabling
conclusions on the relationships between human activities and their effect
on the environment shall be termed ‘pressures information’.
Information relating to the institutional structure of the Black Sea
Commission and its subsidiary organs, its activities on a daily, monthly or
annual basis shall be termed ‘administrative information’.
Information relating to financial matters of the Commission on the
Protection of the Black Sea Against Pollution, covering the annual budget of
the Black Sea Commission, direct contributions to the budget from other
financing sources, the execution of the income and expenditure sections
thereof, shall be termed ‘financial information’.
Thus according to this criteria information is
divided into:
· Environmental information
· Pressures information
· Administrative information
· Financial information
4.1.3 Assessment purposes according to the Driving
Forces — Pressures — State — Impact — Response analysis scheme
According to the assessment
needs of the Driving Forces — Pressures — State — Impact — Response (DFPSIR)
the information may be classified according to its role in the assessment of
each component of the DFPSIR hus it may be divided into:
· Information serving the assessment of driving forces
· Information serving the assessment of pressures
· Information serving the assessment of the state of the
environment
· Information serving the assessment of the impact on the
environment
· Information serving the assessment of the response of the
environment
5 Information Users/ User Groups
Information users and user groups are defined for
the purposes of this Information Policy Document as those groups which
differ in their access rights to different types of information according to
the classification of information types made above.
5.1 General Public
The general public user group includes anyone who
is not a member of the Black Sea Commission Institutional Network.
5.2 Black Sea Commission Institutional Network
The Black Sea Commission Institutional Network
includes all institutions participating in the or being designated to
participate in the implementation of the Convention on the Protection of the
Black Sea Against Pollution and the Strategic Action Plan. It comprises the
following sub groups:
5.2.1 The Black Sea Commissioners
These are member of the Black Sea Commission from
the respective countries, designated and nominated in accordance with the
Convention on the Protection of the Black Sea Against Pollution.
5.2.2 The Permanent Secretariat
This group includes the Permanent Secretariat and
its members — officers nominated by the
5.2.3 Advisory Groups
This group includes the respective Advisory Groups
set up and operating within the framework of the Convention on the
Protection of the Black Sea Against Pollution
5.2.4 Focal Points
This group includes the respective Focal Points
nominated in implementation of the Convention on the Protection of the Black
Sea Against Pollution
5.3 Black Sea Commission Partners
This group includes the official representatives,
their deputies or proxies and employees or servants of other national,
regional or international organizations whose relations with the Black Sea
Commission are formalized in agreements, memoranda of understanding or other
form or whose goals and purpose intersect or share similarity with those of the Black Sea Commission.
The relationship of these groups is presented
below:
6 Information Policy Matrix
The Information Policy Matrix is the information
policy in respect to release, disclosure applied to each Information type in
respect to each user group as defined above.
Users |
5 year Report of the BSC |
Black Sea Commission Annual Report |
Raw data, unprocessed information |
Operational reporting, documents and drafts |
Final Reports and Internal Reports and Studies |
Financial Information |
Annual Audit Report |
General public |
Unrestricted |
Unrestricted |
Fully restricted, conditional |
Restricted
|
Conditional
|
Restricted td>
| Unrestricted |
Black Sea Commissioners |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Permanent Secretariat |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Unrestricted |
Advisory Groups |
Unrestricted |
Unrestricted |
Unrestricted, possibly conditional |
Unrestricted |
Unrestricted |
Conditional
|
Unrestricted |
Other working groups td>
| Unrestricted |
Unrestricted |
Unrestricted, possibly conditional |
Unrestricted |
Unrestricted |
Restricted
|
Unrestricted |
Focal Points |
Unrestricted |
Unrestricted |
Unrestricted, possibly conditional |
Unrestricted |
Unrestricted |
Restricted
|
Unrestricted |
Partner Organizations |
Unrestricted |
Unrestricted |
Restricted, conditional access
|
Conditional
|
Conditional
|
Conditional
|
Unrestricted |
International Organizations |
Unrestricted |
Unrestricted |
Restricted, conditional
|
Conditional
|
Conditional
|
Restricted
|
Unrestricted |
Scientific Community |
Unrestricted |
Unrestricted |
Restricted, until published
|
Restricted
|
Conditional
|
Restricted
|
Unrestricted |
External Experts td>
| Unrestricted |
Unrestricted |
Restricted, conditional
|
Restricted
|
Conditional
|
Restricted
|
Unrestricted |
NGOs |
Unrestricted |
Unrestricted |
Restricted, conditional
|
Restricted, conditional
|
Conditional
|
Restricted
|
Unrestricted |
Activity Centers |
Unrestricted |
Unrestricted |
Unrestricted, possibly conditional |
Unrestricted |
Unrestricted |
Conditional
|
Unrestricted |
Projects |
Unrestricted |
Unrestricted |
Restricted, conditional
|
Conditional
|
Unrestricted |
Conditional td>
| Unrestricted |
RULES OF PROCEDURE OF THE COMMISSION ON THE PROTECTION OF THE BLACK SEA
AGAINST POLLUTION (adopted final version_29th_meeting)
Main Text
The titles of the Commission and the Convention in the title or in the text
may change with respect to amendments of the Convention.
RULE 1 REPRESENTATION
1. Each Contracting Party to the Convention on the Protection of the Black
Sea Against Pollution (hereinafter referred to as “the Convention”) shall be
represented in the Commission on the Protection of the Black Sea Against
Pollution (hereinafter referred to as “the Commission” - Article 17 Item 1 of
the Convention), by one representative (hereinafter referred to as “the
Commissioner”) appointed by his/her Government. The Ministries of Environment or
the equivalent authorities in the Contracting Parties shall officially inform
the Permanent Secretariat of the Commission (hereinafter referred to as
“Permanent Secretariat” on the Contracting Parties’ decisions for appointment or
substitution of the Commission members (including the Chairman). The
Commissioner may be accompanied by Alternate Representatives, Advisers and
Experts.
2. Upon the decision of the Commission, the Government of any state non-Party
to the Convention, any international, inter-governmental and non-governmental
and other organizations, may be invited to the meetings of the Commission.
3. Upon the Commission’s discretion the countries non-Parties to the
Convention and/or any international, intergovernmental and non-governmental
organization whose activities have significant impact on the Black Sea marine
and coastal environment or due to their substantial contribution to the
protection of the Black Sea environment may be granted the observer status to
the Commission.
4. General conditions for granting observer status are described in the Annex
of these Rules of Procedure.
5. The Permanent Secretariat shall, within the appropriate line of the budget
adopted by the Commission, invite representatives of the Advisory Groups and/or
other subsidiary bodies established by the Commission to the meetings of the
Commission, if so required by the Agenda.
7. The Permanent Secretariat may, within the quota of the budget adopted by
the Commission, and after informing the Chairman, designate representatives to
participate in the activities of other international organizations.
RULE 2 CHAIRMANSHIP
1. The Chairmanship of the
Commission shall be assumed by each Contracting Party in turn, in alphabetical
order of the names of the Contracting Parties in English.
The Chairman shall serve for a period of one year and during his/her term
he/she cannot act in the capacity of Commissioner of his/her country.
Should the Chairmanship fall vacant, the Contracting Party chairing the
Commission shall appoint a successor to remain in office until the term of its
Chairmanship expires.
2. In addition to exercising the
powers and duties conferred upon him elsewhere in these Rules of Procedure, the
powers and duties of the Chairman shall be:
a) to convene the regular and
extraordinary meetings of the Commission;
b)
to declare the opening and closing of each meeting of the Commission;
c)
to preside at all the meetings of the Commission;
d) to
ensure observance of these Rules of Procedure and to decide all questions of
order raised at meetings of the Commission;
e)
generally, to make such decisions and give such directions to the Executive
Director of the Permanent Secretariat which will ensure, especially in the
interval between the meetings of the Commission, that the business of the
Commission is carried out efficiently and in accordance with its decisions;
f)
to represent the Commission in relation to international organizations;
g)
to invite any person or representative of any organization to the regular
meeting of the Commission.
RULE 3 MEETINGS OF THE
COMMISSION
1. The Commission shall hold a regular meeting for decision-making at least
once a year. The Commission, at its regular meetings shall inter alia :
a)
Adopt a Work Programme and a Budget for the following financial period;
b)
Adopt a Provisional Budget for the financial period following thereafter;
c)
Approve a three-year Budget Estimate;
d)
Approve the Auditor’s Report for the previous financial period;
e)
Determine the date of the next regular meeting;
f)
Consider and decide as appropriate on the issues on the Agenda.
The Commission may decide to hold a closed session. Only members of the
delegations of the Contracting Parties shall participate in the closed sessions.
2. An extraordinary meeting of the Commission shall be convened at any time
by the Chairman at the request of any Contracting Party. The meeting shall be
held as soon as possible at time and place as the Chairman determines, however,
not later than 45 days from the date of the submission of the abovementioned
request.
3. Invitations to the meetings of the Commission shall be issued on behalf of
the Commission by the Permanent Secretariat to all Contracting Parties and to
any Government, any inter-governmental organization, any non-governmental and
other organizations invited by the Commission.
4. Invitations to the members of the Commission and the representatives of
governments and organizations which are observers to the Commission shall be
sent at least sixty days before the dates fixed for the opening of the regular
meeting.
5. The rest of the invitations shall be sent as soon as the consultations
with the Commission members in this regard are finalized.
6. Notwithstanding Rule 2 Item 3(g), the Chairman of the Commission or the
Executive Director have the right to invite any person or representative of any
organization to attend meetings of the Commission as specially invited guests
provided that their participation will contribute substantially to the success
of the Commission’s activities.
7. Invitations to extraordinary meetings shall be transmitted by the
Permanent Secretariat after the submission of the request by a Contracting
Party, not later than thirty days before the date fixed for the opening of the
extraordinary meeting.
8. The names of the members of the delegations of the Contracting Parties
shall be submitted to the Permanent Secretariat not later than ten days before
the date fixed for the opening of any meeting of the Commission.
RULE 4 AGENDA
1. The Permanent Secretariat
shall, in consultation with the Chairman, prepare the provisional agenda for the
meetings of the Commission. Contracting Parties may request for items to be
included into the provisional agenda. These requests shall be submitted as soon
as possible with an explanatory note on the subject and supporting documents, if
any.
2. The provisional agenda and
to the extent possible the supporting documents, shall be transmitted by the
Permanent Secretariat to the Contracting Parties at least 45 days before the
date of the regular meeting and without delay after the submission of the
request for the convocation of an extraordinary meeting.
3. The provisional agenda for
a regular meeting shall include:
a)
all items which have been decided by the Commission at its previous meeting;
b)
all items proposed by any Contracting Party;
c)
all items which the Chairman or the Executive Director deem necessary to put in
front of the Commission;
d) all
items which have been decided by the Commission after its previous meeting.
4. The provisional agenda for
the extraordinary meeting shall consist of items proposed for consideration in
the request for holding of the meeting.
5. At the beginning of the
meeting, the Commission shall adopt the agenda for the meeting. Items may be
canceled from and/or added to the agenda, if the Commission so
decides.
RULE 5 SUBSIDIARY
BODIES OF THE COMMISSION
1. The Commission shall
establish subsidiary bodies such as Advisory Groups, Ad Hoc Groups,
Steering Committees for projects, and others as are necessary. The Commission
shall approve the relevant Terms of Reference for these subsidiary bodies.
2. The Chairpersons of the
Advisory Groups will be elected by the members of the respective Advisory Group
for a period of two years from the nationals of the Contracting Parties. The
Chairperson of the Advisory Group shall report to the Commission and may present
the relevant activities at international fora. The Chairpersons of other
subsidiary bodies shall be elected from the members of the respective subsidiary
body. A Chairperson of a subsidiary body may be appointed by the Commission.
3. The subsidiary bodies of
the Commission may, after consultations with the Chairman of the Commission,
invite outside specialists to participate in the work of the subsidiary body.
RULE 6 VOTING
1. Each Contracting Party
shall have one vote in the Commission.
2. Decisions and
recommendations of the Commission shall be adopted unanimously. If, for any
reason, some Contracting Parties are not able to attend the meeting, the
decision can be adopted with the unanimity of those present and with the
subsequent written approval of the Contracting Party(ies) absent. In this case a
quorum of 4 (four) Contracting Parties is required.
3. Between meetings, the
Commission may adopt decisions and recommendations by written procedure.
RULE 7 PERMANENT
SECRETARIAT
1. To perform its duties
under the Convention in accordance with Article XVII, para 6, the Commission
shall be supported by a Permanent Secretariat. The Permanent Secretariat shall
be a juridical person.
2. The Permanent Secretariat shall be composed of nationals of the
Contracting Parties to the Convention.
3. The Commission shall
nominate and appoint an Executive Director, who is the chief administrative and
executive official of the Permanent Secretariat. The Commission shall nominate
and appoint other officials of the Permanent Secretariat.
4. The Executive Director
shall appoint the technical staff as provided in the relevant rules adopted by
the Commission.
5. In addition to exercising
the powers and duties conferred onit elsewhere in these Rules of Procedure, the
Permanent Secretariat, under the supervision of the Executive Director, who is
accountable before the Commission, shall:
a)
coordinate the implementation of the Work Programme of the Commission;
b)
make necessary arrangements and provide relevant assistance for holding of the
meetings of the Commission, its Advisory Groups and other subsidiary bodies as
well as for holding of other relevant events;
c)
prepare the appropriate documentation in accordance with Rule 9 of these Rules
of Procedure; and
d)
perform other tasks entrusted to the Permanent Secretariat by the Commission.
RULE 8 LANGUAGE OF THE
COMMISSION
The official language of the Commission shall be English.
RULE 9 RECORDS AND
REPORTS
1. The Permanent Secretariat
shall prepare an annual report to the Commission on the implementation of the
Work Programme of the Commission. The report shall be sent at least forty
five days before the date fixed for the regular meeting of the Commission.
2. The Advisory Groups shall
produce annual reports presenting the activities in accordance with their Terms
of Reference in implementation of the Strategic Action Plan for the
Environmental Protection and Rehabilitation of the Black Sea (2009) and respective Work Programme(s) of
the
Commission. These reports shall be submitted by the Chairpersons of the Advisory
Groups to the Permanent Secretariat not later than sixty days before the date
fixed for the meeting of the Commission.
3. A report on the outcomes of the meeting of the subsidiary bodies shall be
prepared at the end of the meeting by the Permanent Secretariat and submitted to
the Commission. The minutes of the meeting shall be prepared as soon as
possible, but not later than thirty days after the end of the meeting.
4. After a meeting of the Commission, the Permanent Secretariat shall prepare
a meeting report comprising of all decisions and recommendations adopted during
the meeting and minutes of the meeting. The Permanent Secretariat shall prepare
the minutes of the meeting within thirty days for approval of each Contracting
Party. The Permanent Secretariat shall submit the meeting report to the members
of the Commission, observers and other participants. The report on the closed
session of the meeting of the Commission shall be sent to the Contracting
Parties only.
5. The Permanent Secretariat shall organize every five years the preparation
of a report on the Implementation of the Strategic Action Plan for the
Environmental Protection and Rehabilitation of the Black Sea (2009) and a Report
on the State of Environment of the Black Sea. The modalities of this work
shall be determined by the Commission.
RULE 10 AMENDMENTS TO THE RULES OF
PROCEDURE
1. These Rules of Procedure
may be amended by the Commission by unanimous decision.
Annex
to the Rules of Procedure of the Commission on the Protection of the Black
Sea Against Pollution
General conditions and procedure for granting observer status
1. Introduction
The present Annex to the Rules of Procedure of the Commission on the
Protection of the Black Sea Against Pollution aims at providing guidance for the
Commission in case of granting observer status to any country, international,
inter-governmental, non-governmental and other organizations, as the Commission
deems appropriate.
2. Procedure for Application and Admission
Observer status may be granted by the Commission for meetings of the
Commission or its subsidiary bodies or other activities in the framework of the
Convention.
The initiative for granting the observer status could be taken by:
A. The candidate expressing
interest in obtaining the status by way of submitting an official application;
The Commission, if
so decided.
3. Legal Grounds
The general legal grounds for granting observer status by the Commission is
provided by Rule 1, Paragraph 3 of these Rules of Procedure.
4. Objectives of Granting the Observer Status
Granting the observer status should be aimed at supporting the implementation
of the objectives of the Convention, its Protocols, the decisions of the
Diplomatic Conferences or other meetings of the Contracting Parties, as well as
the provisions of the Strategic Action Plan for the Environmental Protection and
Rehabilitation of the Black Sea (2009). The observer status provides the
conditions necessary for the proactive participation of partners in the events
of the Commission.
5. Criteria for Granting Observer Status
The criteria for granting observer status to the Commission are as follows:
C. Acknowledgement of
the principles and objectives of the Convention, its protocols as well as the
decisions of the Commission;
D. Possession of specific
scientific or technical competence related to the implementation of the
provisions of the Convention;
E. Clearly defined
institutional/administrative structure and operational managing bodies
authorized to accredit representatives to the events of the Commission;
F. Availability
of sufficient funds allowing them to cover the expenses related to their
observer status.
The above criteria are aimed at ensuring the most effective cooperation. They
do not mean any priority ranking or discrimination of the observers and the
potential partners.
6. Participation
The Permanent Secretariat invites the Observers to take part in particular
meetings and events and to exchange experience and information in oral or
written form in each individual case.
The invitation should specify the number of invited representatives.
General conditions for Observers participating in particular meetings are as
follows:
A. Active cooperation in
support of the Commission activities and substantial contribution to the
objective of the Commission’s event;
Fulfillment of the
Chairman’s instructions about the conducting of the meeting;
C. Fulfillment of
special arrangements with the Commission, if any.
Generally, the costs of the participation of the observers in the meetings
and events shall be carried by their own budgets.
7. Right and Duties of the Observers
The observers shall exercise the following rights and duties to:
A. be informed by the
Permanent Secretariat on the date, place and the agenda of the meetings or other
events in which they are entitled to participate;
have access to the
relevant documents of the Commission and its subsidiary bodies in compliance
with the Commission’s decisions;
C. be given the
possibility to express their views and positions at the Commission’s meetings,
as well as at the meetings of the Commission’s subsidiary bodies, and to have
them reflected as appropriate in the relevant documents;
D. take part in the programs
or projects initiated or implemented by the Commission in which they are invited
to participate, or to make any other contributions on a voluntary basis;
E. respect in their
practices the principles and objectives of the Convention.
8. Reciprocity and cost-sharing
The cooperation between the Commission and the observer should be based on
the principle of reciprocity.
In case of joint activities between the Commission and the observer, the
costs-sharing shall be discussed on case-by-case basis.
9. Termination of the Observer Status
The observer status may be terminated by a decision of the Commission. The
Permanent Secretariat shall duly inform the observer on the decision of the
Commission.
REGULATIONS FOR THE STAFF OF THE SECRETARIAT OF THE COMMISSION ON THE PROTECTION OF THE BLACK SEA AGAINST
POLLUTION
I: DEFINITIONS
1. These rules shall be called the Regulations for the Staff of the permanent Secretariat of the
Commission on the Protection of the Black Sea Against Pollution and shall include the principles and rules governing
the selection, appointment, recruitment of the staff and efficient operation of the Secretariat for assisting the
Commission in attainment of the objectives set forth in the Convention for the Protection of the Black Sea Against
Pollution and its protocols.
2. In these rules :
“the Convention” means the Convention for the Protection Of the Black Sea Against Pollution,
“the Commission ” means the Commission on the Protection of the Black Sea Against Pollution
established in accordance with the Article XVII. 1 of the Convention,
“the Secretariat ” means the permanent Secretariat referred to in Article XVII. 6 of the
Convention,
“the Executive Director ” means the principal administrative official of the Secretariat
referred to in the same article of the Convention.
II: CLASSIFICATION OF THE POSTS
The posts in the Secretariat will be classified into two categories in accordance with the nature of the work of
any staff member.
Category A : Professional staff - includes Executive Director and other officials
Category B : Support staff includes auxiliary administrative and technical personnel such as
accountant, secretaries, driver etc.
Annex I contains the categories and grades of the Secretariat staff.
III: DUTIES
1. The professional staff of the Secretariat shall perform their duties as international
officials. They will conduct their work in line with the objectives of the Convention and confirm with principles of
integrity and impartiality.
2. The professional staff members shall enjoy the privileges and immunities to which they are
entitled according to the Agreement to be concluded among the Contracting Parties in the Article 17.9 of the
Convention and presented in Annex II of this document.
3. The Secretariat will be accountable to the Commission through its Chairman. The chief
administrative official of the Secretariat is the Executive Director. The secretariat staff shall answer before the
Executive Director in the fulfillment of their duties.
4. In the performance of the duties of their posts, the staff members shall not
- seek or receive instructions from any source other than the Secretariat.
- make statements, deliver lectures or take part in audio-visual information programs on subjects pertaining
their work unless authorized by the Executive Director.
- publish books and articles on subjects pertaining to their work without the formal authorization of the
Executive Director.
- keep or transmit to third parties any restricted documents.
5. The Executive Director will determine the normal work schedule. He/she will determine the
working days per week and office hours in accordance with those applied in the host country. The Executive Director
may require the staff to work different hours.
IV: APPLICATION, NOMINATION AND APPOINTMENT OF THE SECRETARIAT STAFF
Replaced by the adopted at the 10th BSC Meeting: RULES
FOR THE APPLICATION, NOMINATION AND APPOINTMENT OF THE SECRETARIAT OFFICIAL STAFF
.
V: REMUNERATION, SOCIAL SECURITY AND ALLOWANCES
Issues related to remuneration, social security and allowances are presented in the Interim Financial Rules.
VI: LEAVE
1. Staff members shall be entitled to annual leave at the rate of 2.5 working days for each full month service.
Annual leave is accumulative for two years and may be taken in parts.
2. The leave period shall not cause any interruption of normal Secretariat operations. In
accordance with this principle the leave dates shall be authorized by the Executive Director who shall bear in mind
personal circumstances, needs and preferences of the staff members.
3. The staff members shall be entitled to 10 days holidays ( official or religious ) per year.
VII: TERMINATION OF SERVICE
1. In the interests of work, if a requirement for the abolition of any post or reduction of
employees arises or if the employee is physically unable to continue in service, the contract for the services of a
support staff member can be terminated upon the decision of the Commission.
2. If the employees services are not satisfactory in terms of required criteria, or if his/her
conduct or acts do not conform with the rules or if the facts anterior to appointment which would have precluded
such appointment have revealed the contract of service can be terminated by the Commission and respectively by the
Executive Director.
3. Any staff member may cease his/her duties by his/her own decision at any time. In this event a
professional staff member shall inform, in writing, the Commission through the Executive Director 3 months in
advance, and a support staff member 1 month in advance.
4. Employment of a staff member can be terminated upon prior minimum advance written notice of 3
months by the Commission for professional staff and 1 month notice by the Executive Director for support staff.
Should the Commission or the Executive Director decide the immediate termination of employment of a staff member is
needed, the salary for the period of notice of that staff member will be paid to the incumbent.
VIII : DISCIPLINE
1. After consultation with the Chairman of the Commission the Executive Director may dismiss a
support staff member in the event of a serious misconduct without any entitlement of notice mentioned above. The
reason for dismissal should be presented in written form and also deposited in the Incumbent Personnel file.
2. Disciplinary penalties are:
- written warning,
- temporary suspension from service ( without payment )
- dismissal
IX : CONTRACT PERSONNEL
Within the limits of allocation set in the budget, the Executive Director may conclude contracts with third
parties. ( such as private companies, consultants,private persons ) for the fulfillment of the tasks that can not be
covered by the Secretarial staff. For this he/she must set forth the assignment, its duration and remuneration in a
contract.
ANNEX I
TERMS OF REFERENCE
EXECUTIVE DIRECTOR
Position Title: Executive Director
Category: Professional Staff A3
Place of Work: Istanbul, Turkey
Duration: 4 years
Main Duties and Responsibilities
- supervising the management of the Secretariat;
ensuring day to day efficiency of the Secretariat;
preparing and submitting bi-annually report on the operations and the activities of the Secretariat;
- supervising the management of fiscal resources of the Secretariat ensuring the efficiency and timely allocation
of funds preparing and submitting to the
Commission annual account of the financial period;
- prepare and submit to a regular meeting of the Commission a draft budget for the following financial period and
estimate draft budget for the financial period
following thereafter;
- assisting the Chairman of the Black Sea Commission in performance of his/her
duties;
- issue the invitations to the meetings of the Commission, as provided in Rule 3;
- prepare the provisional agenda for the meetings of the Commission with the
Chairman and transmit it, and to the extent possible, the necessary working
documents, to all Contracting Parties as provided in Rule 4;
- make all necessary arrangements, including secretarial assistance, for the meetings
of the Commission, and Committees, working Groups and other subsidiary bodies;
- perform all functions assigned to him/her by the Convention, its relevant bodies and/or its associated
documents
- prepare reports in accordance with the Financial Rules of the Commission;
- prepare reports in accordance with Paragraph 3 of Rule 9 of these Rules of
Procedure and,
perform such other functions that are necessary for the administration of the
Convention and other tasks entrusted to him/her by the Commission;
- ensure a continual flow of information among all Contracting Parties;
Skills and Experience Required;
- university degree;
- distinguished professional background;
- diplomatic and negotiating skills;
- at least ten years experience in environmental management;
good knowledge of English both written and spoken;
- familiarity with Black Sea environment.
POLLUTION ASSESSMENT - MONITORING OFFICER
Position title: Officer
Category: A1-A3
Place of Work: Istanbul
Duration: 3 years
Main Duties and Responsibilities
- maintain a record of all on-going scientific activities especially monitoring related ones performed by the
Contracting Parties;
- propose and organize common monitoring programmes and exchange of information and scientific date in this field
in order to verify of implementation of land Based Sources and Dumping protocols of the Convention;
- coordinate the cooperation among the specialised Committees, working groups or subsidiary bodies of the
Convention related to pollution assessment and/or monitoring;
- compiling and editing regular reports of the Black Sea State;
- maintain close collaboration with the Routine and Special Monitoring Activity Centers of GEF Project and other
relevant international organizations and bodies;
- initiate and coordinate the activity of collaboration of common environmental standards for the Black Sea;
- coordinate the activity of collaboration and implementation quality insurance programmes.
Skills and Experience Required
- university degree;
- at least ten years experience in marine environment pollution assessment and monitoring;
- experience in leading and/or coordinating marine monitoring programmes at the national level;
good knowledge of English both in written and spoken.
POLLUTION CONTROL AND ABATEMENT OFFICER
Position Title: Officer
Category: A1 - A3
Place of Work: Istanbul
Duration: 3 years
Main Duties and Responsibilities
- cooperate with Emergency Response Activity Center in elaborating common contingency plans in order to enable
interventions in large accidents or international waters;
- maintain reports of dumping permits issued by the competent national authorities of Black Sea States as
stipulated in Article 3 of Dumping Protocol;
- organize the receiving evaluating and transmitting to all Black Sea States the reports about the existence of
any emergency situations (Article 6 Emergency Protocol);
- initiate and coordinate common research programs to create specialized equipment for emergency situation;
maintain close collaboration with the Emergency Response Activity Center of GEE Project and other relevant
international organizations and bodies.
Skills and Experience Required
- technical university degree;
- at least five years experience in oil spill effects, clean-up techniques, spill response planning and operation
management;
- good results in elaboration of contingency plan at the national level;
- good knowledge of English both in written and spoken.
ACCOUNTANT
POSITION TITLE; Accountant
CATEGORY: B
PLACE OF WORK: Istanbul / Turkey
DURATION OF WORK: 3 years
MAIN DUTIES AND RESPONSIBILITIES
- recording, maintaining and updating inventory of the physical properties
of the Secretariat;
- ensuring timely payment for goods and services acquired by the
Secretariat;
- recording invoices, bills of lading and packing slips, maintaining
bookkeeping;
- keeping records of the bank account(s) of the Secretariat,
ascertaining that the transactions are made properly and the
relevant documentation provided and required;
- carrying out and keeping record of monthly payments made to the
personnel;
- ensuring at all times that there is enough liquidity for the payment
of the day to day expenses of the Secretariat and its personnel;
- purchasing of stationary goods for the Secretariat keeping inventory
and replenishing them as required;
- keeping the Secretariats expenditure within the limits of allocated funds
of the Secretariat’s budget preparing and submitting annual report for the
financial situation of the Secretariat;
- preparing the draft budget proposal and submitting it to the Executive
Director so that it can be finalised and submitted by the Executive
Director to the annual meeting of the Commission.
SKILLS AND EXPERIENCE REQUIRED
- at least 5 years of experience as an accountant;
- ability to use and to improve database systems for keeping records;
- good command of Turkish and English language.
SECRETARY/TYPIST
POSITION TITLE: Secretary / Typist
PLACE OF WORK: Istanbul / Turkey
DURATION OF WORK: 2 years
MAIN DUTIES AND RESPONSIBILITIES
- acting as a secretary for the Executive Director or other officials carrying out all
secretarial duties taking notes and dictation, filtering telephone calls, taking
messages, arranging meetings, answering inquiries, typing, revising and processing
the correspondence as well as maintaining the filing system;
- contributing the preparation of the secretarial documents;
- assisting organizational activities.
SKILLS AND EXPERIENCE REQUIRED
- previous secretarial experience;
- experience with word processing software and office automation;
- good knowledge of English language would be able to draft communication in
English knowledge of Russian and/or Turkish is an advantage.