mission georaphy socio-economy environment

The Commission on the Protection of the Black Sea Against Pollution

Permanent Secretariat

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.

RULES FOR THE APPLICATION, NOMINATION AND APPOINTMENT OF THE SECRETARIAT OFFICIAL STAFF

 

I. Introduction

The present Rules describe the basic requirements to the candidates for official staff position in the Permanent Secretariat of the Commission on the Protection of the Black Sea Against Pollution as well as the criteria and the procedure to be applied in the process of application, nomination, selection and appointment of the candidates. The Rules take into consideration the experience gained and the practices established during the first three years of operation of the Permanent Secretariat. The Rules are to be considered as integral part of the Regulations for the Staff of the Commission. The document also takes into account the deliberations at the Tenth Meeting of the Commission and the established practice in the staff recruitment over the first three years of the operation of the Permanent Secretariat.

II. General Provisions

Any incumbent in the Secretariat:

  • must be a citizen of the Black Sea coastal state,
  • must satisfy the criteria set forth in the Terms of Reference for the relevant post,
  • must not have been convicted of a criminal offense.
  • The Executive Director and other officials will be recruited among the nationals of all Black Sea states with equal opportunity. The Commission will appoint the professional staff on the basis of the recommendation of the Black Sea coastal states, presented through the Permanent Secretariat by the respective Contracting Party’s Representative in the Commission and after a selection procedure as described below in this Rules.
  • The Executive Director will be appointed for a four years term. Other officials of the Secretariat will be appointed for three years. To ensure the continuity of the work of the Secretariat there may be a one month overlap period between the appointee and his/her successor. In the case of the Executive Director this period may be longer as the Commission may decide.
  • In some exceptional circumstances the term of an official staff member might be shorter provided that has been indicated in the Terms of Reference approved by the Commission prior the selection procedure and appointment of the staff member.
  • The candidates from the Black Sea coastal countries for the posts in support staff will apply to the Secretariat. Appointments should be made in whole compliance with the Headquarters Agreement Between the Government of the Republic of Turkey and the Commission on the Protection of the Black Sea Against Pollution. The applications will be evaluated by the Executive Director. The Executive Director shall inform the Representative of the respective Contracting Party about the selected applicant. Service contracts for support staff will be made for two years and may be renewed for an additional two years. The Executive Director preserves the right to exempt any post from this condition informing the Chairman.

III. Selection Procedure

  • As a rule, the selection and appointment of the official staff members should take place at the regular or extraordinary meetings of the Commission as described in Rule 3 of the Rules of Procedure of the Commission on the Protection of the Black Sea Against Pollution. The request for nominations should be extended by the Executive Director conforming to the provisions Rule 4 of the Rules of Procedure. The functions of a selection committee shall be performed by the Commission itself.
  • Nominations for the official staff members made in compliance with Article II, Paragraph 2 shall be discussed at a closed session of the Commission. The applicants shall be interviewed at the closed session of the Commission. Their travel expenses shall not be covered by the Commission Budget.
  • In the selection process the Representatives of the Contracting Parties will take into consideration the criteria attached to this document. The selection will be made by voting. The Commission agrees by consensus that in case of selection of official staff members a qualified majority of 2/3 of the votes will be applied.
  • Should any post in the Commission Secretariat fall vacant before the end of the mandate or there are other conditions imposing the need of rapid staff recruitment, the Commission may agree to apply a written procedure for the selection and appointment of an official staff member.
  • Agreement to apply written procedure shall be reached via correspondence upon a proposal by any of the Representatives of the Contracting Parties or initiated by the Executive Director.
  • In case of written procedure the nominations made pursuant to Article II, Paragraph 2 shall be forwarded to the Permanent Secretariat after the applicant has been interviewed by the respective Representative in the Commission. The application must include information note on the results of the interview.
  • All applications shall be circulated by to all of the Contracting Parties together, not later than two working days later than the deadline for the application submission.
  • The Contracting Parties Representatives will make a ranking of the applicant based on the criteria and score system attached hereto. The ranking shall be submitted to the Permanent Secretariat not later than 30 days after the date of the applications have been forwarded to the Contracting Parties by the Permanent Secretariat.
  • The results shall be summarized in the Permanent Secretariat. The Executive Director shall notify the Contracting Parties about the evaluation results not later than seven days after the deadline for submission of the evaluation of the applications by the Contracting Parties Representatives.
  • In case that a candidate has reached the highest score among all according 2/3 or more of the Contracting Parties Representatives’ opinion, this person will be considered elected.
  • If the most successful candidate has not reached the required level of majority, a second round of selection shall take place. The selection shall be made between the two most successful candidates from the first round. The Representative of the Contracting Parties in the Commission shall communicate their ranking within 14 days after they have been informed by e-mail and/or fax by the Permanent Secretariat about the outcome of the first round. In this period the Representatives should also seek an agreement by consultations between themselves when possible.
  • The second round shall be considered successful if one of the applicant will be selected by 2/3 or more of the Representatives.
  • If parity of the votes will be reached, the Executive Director shall inform the Contracting Parties immediately after the deadline for submission of the results of the second round. The Contracting Parties Representatives will make an attempt to resolve the problem through consultations between themselves. If within 14 days after being informed about the results of the second round some of the Representatives revise his vote in a way that the majority required will be reached, this should be communicated to the other Representatives via the Permanent Secretariat. After written confirmation of four or more positive votes the Executive Director will be considered as authorized to appoint the successful applicant on behalf of the Commission.
  • If the written procedure has been applied, the new officer shall be appointed with six month trial period.
  • If an agreement could not be achieved, the Commission may decide to re-open the procedure.

IV. Selection Criteria

  • The following criteria should be applied by the Commission when selecting an application for an official staff post in the Permanent Secretariat. Each single criterion will be evaluated within the score range attributed to it. The overall ranking of the applications shall be made based on summing up the criteria estimates.
  • If the written procedure is applied, the criteria will be applied during the first round. In this case the criteria set out in subparagraph “a” are to be evaluated by the Representative of the country of origin of the nominee only.

a)

Criteria

Maximum score

Communication Skills

5

Ability for team work

5

Motivation

5

b)

Criteria

Maximum score

Background

10

Professional experience

12

Specific BS experience

8

Specific experience in the international organizations’ or projects’ field of relevance

15

Language skills - English

15

Language skills – BS languages (each)

5

 

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.

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