1.1 The Black Sea

The Black Sea is one of the most remarkable regional seas in the world. It is almost cut off from the rest of the world’s seas, is over 2200 m deep and receives the drainage from a 1.9 million km2 basin covering about one third of the area of continental Europe. Its only connection to the world’s oceans is through the Istanbul Strait, a 35 km natural channel, as little as 40 m deep in places. This channel has a two layer flow, carrying about 300 km3 of seawater to the Black Sea from the Mediterranean along the bottom layer and returning a mixture of seawater and freshwater with twice this volume in the upper layer.

Every year, about 350 km3 of river water enters the Black Sea from land in over twenty countries: Albania, Austria, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Germany, Hungary, Italy, Macedonia, Moldova, Montenegro, Poland, Romania, the Russian Federation, Serbia, Slovakia, Slovenia, Switzerland, Turkey and Ukraine. Europe’s second, third, fourth and sixth largest rivers the Danube, Dnipro, Don (indirectly via the Sea of Azov) and Dniester all flow to the Black Sea.

1.2 The need for and purpose of the updated SAP (in relation to the 1996 BS SAP, amended 2002)

The signing of the Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention) in 1992, followed closely by the first Black Sea Ministerial Declaration (the Odessa Declaration) in 1993 inspired the GEF, to support the region in implementing the Odessa Declaration and to formulate the longer-term Black Sea Strategic Action Plan (BS SAP).

Following the signature of the BS SAP, GEF funding was sustained in order to enable countries to complete National Black Sea Strategic Action Plans and for the negotiations on the institutionalisation of the Istanbul Commission’s Secretariat to be completed. Progress was made in implementation of existing BSSAP, with the GEF, EC and other donors’ assistance. In October 2000, the Secretariat for the Black Sea Commission became operational.

The 1996 BS SAP was a groundbreaking document for the Black Sea region which established specific targets and timetables for implementing the objectives of the 1992 Bucharest Convention. However, it was an overly ambitious document and very few of the targets were accomplished on time. Furthermore, the 1996 BS SAP also suffered from problems of enforcement of national environmental laws and legislation, and the lack of a regional mechanism to ensure compliance with different policy actions . An amendment in 2002 (the 2002 Sofia Ministerial Declaration) aimed to resolve some of these issues and reconfirm commitments of the Black Sea coastal states to implement the BS SAP.

The 2009 BS SAP has been formulated through careful consideration of inter alia the 1996 SAP, the 2007 BS TDA and the 2007 BS SAP Gap Analysis. It aims to help resolve the transboundary environmental problems of the Black Sea and is a joint effort between the six Black Sea countries. The SAP was elaborated from consensus reached at a multinational level in relation to a series of proposals that include: Ecosystem Quality Objectives (EcoQOs); short, medium and long term targets; and legal and institutional reforms and investments necessary to solve main environmental problems identified within the 2007 BS TDA. The process of elaboration of the SAP was characterized by the participation and commitment of the main social stakeholders and key institutions of the Black Sea countries.

1.3Black Sea regional cooperation framework

The Black Sea Commission is the regional cooperation framework, made up of with one member from each of the six national governments. The Black Sea coastal states entrusted a coordinating role for the implementation of the BSASP to the Black Sea Commission supported in its activity for implementation of the work program of the Black Sea Commission by its Permanent Secretariat.

In order to achieve, the purposes of this SAP, the Commission will cooperate with competent international organisations, especially with a view to developing appropriate programs or obtaining assistance.

1.4 The geographic scope of the SAP

The geographical scope of the Convention on the Protection of the Black Sea against Pollution is applied to the Black Sea proper, with the Southern boundary constituted, for the purposes of this Convention, by a line running between Capes Kelagra and Dalyan. In addition the SAP will cover pollution sources from coastal area. In addition, Black Sea coastal states shall make effort to implement relevant provisions of the SAP at the Black Sea basin level.

1.5 The basis for cooperative action

The Black Sea coastal States share a common desire for the sustainable management of the natural resources and biodiversity of the Black Sea and recognize their role and responsibility in conserving the global value of these resources. The states have considered and taken into account, where appropriate, the following principles and values when developing this document.

1 5.1. The principle of sustainability shall be applied such that there is a prudent and rational utilization of living resources and the preservation of the rights of future generations to a viable environment.

1.5.2. The precautionary principle shall be applied, such that measures shall be taken when there are reasonable grounds for concern that any activity may increase the potential hazards to human health, harm living resources or ecosystems, damage amenities, or interfere with other legitimate uses of the Black Sea, even when there is no conclusive evidence of a causal relationship between the activity and the effects; and by virtue of which, greater caution is required when information, including scientific information, is uncertain, unreliable or inadequate.

1.5.3. The polluter pays principle shall be applied, such that the cost of preventing and eliminating pollution, including clean-up costs, shall be paid by the polluter.

1.5.4. The principle of anticipatory action shall be applied, such that contingency planning, environmental impact assessment and strategic impact assessment (involving the assessment of the environmental and social consequences of governmental policies, programmes and plans) shall be undertaken in the future development in the region.

1.5.5. The principle of preventative action shall be applied, such that timely action shall be taken to alert the responsible and relevant authorities of likely impacts and to address the actual or potential causes of adverse impacts on the environment, before they occur.

1.5.6. Environmental and health considerations shall be included into all relevant policies and sectoral plans and programmes, including, inter alia, urban planning, industrial development, fisheries, aquaculture and tourism.

1.5.7. Use of clean technology shall be promoted when replacing or phasing-out high waste and waste-generating technologies, including the use of BAT and BEP.

1.5.8. Use of Sustainable Agriculture including the use of Good Agricultural Practices (GAP) shall be promoted in order to replace or phase-out unsustainable agricultural practices.

1.5.9. Development planning and environmental planning processes should be integrated to the maximum extent. The use of economic instruments that foster sustainable development shall be promoted through, inter alia, the implementation of economic incentives for introducing environmentally friendly technologies, activities and practices; the phasing-out of subsidies which encourage the continuation of non-environmentally friendly technologies, activities and practices; and the introduction of user fees.

1.5.10. The principle of accessibility of information shall be applied, such that information on the pollution of the environment of the Black Sea held by a littoral state shall be provided by that state to all littoral states, where relevant and in the maximum possible amount.

1.5.11. The principles of public participation and transparency shall be applied, such that all stakeholders, including communities, individuals and concerned organizations shall be given the opportunity to participate, at the appropriate level, in decision-making and management processes that affect the Black Sea. This includes providing access to information concerning the environment that is held by public authorities, together with effective access to judicial and administrative proceedings to enable all stakeholders to exercise their rights effectively. Public authorities shall widely disseminate information on the work proposed and undertaken to monitor, protect and improve the state of Black Sea.

1.6 Vision for the Black Sea

The vision for the Black Sea is to preserve its ecosystem as a valuable natural endowment of the region, whilst ensuring the protection of its marine and coastal living resources as a condition for sustainable development of the Black Sea coastal states, well-being, health and security of their population.

2.1 Eutrophication/nutrient-enrichment

This decrease in the importance of agriculture as an economic powerhouse of the region has been clearly shown by decreasing trends in livestock numbers and a shift from major livestock farms to smaller-scale or subsistence-level farming. Livestock numbers (excluding poultry) in 2004 were about two-thirds of those present 1997, and about one-third of the numbers recorded in 1998. Inorganic fertiliser application rates also appear to have fallen substantially, with large areas of land (in some countries at least) left fallow. However, indicators suggest that this decline in agricultural productivity may have bottomed-out, so a gradual re-intensification of agricultural practices may begin in the near future.

Direct discharges from large municipal/industrial plants to the Sea are equivalent to only small proportion of nutrients discharged to the Sea via rivers, of which the Danube is by far the most important. Available information also suggests that atmospheric deposition of nitrogen to the Sea may be of a similar order of magnitude to river loads, but there is considerable uncertainty over the data used, with a clear need for updating and harmonisation of monitoring protocols.

Based on the data reported by the Black Sea coastal states and the results presented in the 2007 Black Sea TDA, it is suggested that more than 80% of the river-borne inorganic nitrogen load and around 50% of the river-borne phosphate load enters the Sea from the Danube. However, the Danube has by far the most rigorous nutrient loads monitoring programme of all rivers, and it is likely that nutrient loads from other rivers are under-estimated by comparison. The importance of freshwater nutrient inflows to the Sea of Azov could not be estimated because of a lack of data for the Kerch Strait.

Between 1996 and 2005 there has been no evidence of a change in river-borne DIN loads to the Sea, albeit with a moderate (15%) decrease in river-borne PO4-P loads over the same period. However, the level of confidence associated with the PO4-P load decrease is very low, due to the large inter-annual variability.

Considering that the Danube is such a major pathway of nutrient input to the Black Sea and that phosphorus emissions to the Danube are estimated to have fallen by approaching 50% between 1990 and 2000, and nitrogen emissions by about 20% between 1985 and 2000, this may appear to be disappointing. However, reductions in nutrient loads/concentrations in the upper and middle reaches of the Danube have been observed since 2000, and these improvements are expected to continue downstream in future years.

2.2 Commercial marine living resources

Due to over fishing in the early 1970s-1980s, the structure of catches has shifted significantly. Declining stocks of predatory species such as bonito, horse mackerel and bluefish resulted in an increase in non-predatory species such as anchovy and sprat. Consequently, fishing fleets have increasingly targeted these smaller species, resulting in increased by-catches of larger, less abundant fish species. Total fish landings are now about half of what they were in the latter half of the 1980s.

Commercially important marine living resources have been greatly affected by alien species introductions, eutrophication, over-fishing and habitats change/damage. Annual total fish catch statistics show an improving situation, but these figures are dominated by catches of anchovy and sprat. There have been recent improvements in catches of some other fish, such as bonito, but turbot, dogfish and whiting catches have either shown no improvement or have fallen over the past decade-or-so. Sturgeons remain endangered. Unsustainable fishing practices are still in relatively common use.

The importance of Rapana, the Japanese Snail has increased and has helped to off-set the decline in mussel and clam landings (the decline being due, in large part, to predation by Rapana anyway).

The contribution of illegal fishing activities to damage/change of marine living resources is not clearly understood, but there a general acceptance that this is a causative factor.

The seafood industry is a major coastal employer, particularly for some countries. Aquaculture is not strongly developed in the region and there is scope for this to be expanded, providing environmental considerations are taken into account.

2.3 Chemical pollution

An assessment of pollutant loads from river and large direct municipal/industrial discharges was made. However, the pollution loads data are very incomplete, BOD5 being the only parameter (apart from nutrients) that is routinely monitored from major point sources and rivers. Relatively high contamination levels of some pesticides, heavy metals and PCBs are present at specific sites in the Black Sea, with illegal dumping/discharges (particularly of agrochemicals) being recognised as a particular problem. The historically poor enforcement of discharge standards and a failure to consider the Sea itself as a receiving water body for discharges to river are considered to be the principal reasons underlying the pollution status of the Sea.

A huge increase in the volume of oil being transported across the Black Sea and oil/gas extraction from beneath the Sea itself have greatly increased the risk of oil pollution. This presents two types of problem: (i) localised chronic pollution stemming from frequent but minor releases of oil; and (ii) acute pollution resulting from major oils spills. Remote sensing data show that the majority of oil spills occur along major shipping routes, suggesting that shipping, rather than land-based oil installations have been the principal cause of concern. However, a single large spill from ships, platforms or land-based oil installations could severely impact biota and the economies of all coastal countries.

2.4 Biodiversity

Formerly “dead” areas of the NW Shelf bed are once again colonised by biota, with evidence of biodiversity continuing to increase. The once massive area dominated by Zernov’s Phyllophora (a red seaweed) field has decreased hugely in area over the last few decades, having been replaced by other, opportunistic macroalgae. However, there are encouraging signs that in recent years this decline has either slowed down and recovery may actually be beginning at some sites. However, during the last two decades, the area covered by eelgrass (Zostera) has decreased tenfold in shallow waters.

Further, all coastal margin habitats are considered to be in a critical status in at least one country; both types of pelagic habitat (neritic and open sea) are considered critical in at least one country; and 13 of 37 types of benthic habitat are considered to be critical in at least one country. Those habitats most at risk include the neritic water column, coastal lagoons, estuaries/deltas and wetlands/saltmarshes.

The invasion of Mnemiopsis leidyi (a comb jelly) contributed to a catastrophic decline in fish productivity in the late 1980s/early 1990s. The subsequent invasion of another comb jelly (Beroe ovata), which feeds on the original invader, means that opinions are now split as to whether Mnemiopsis still has a major impact on fish communities and catches.

Between 1996 and 2005 a total of 48 new alien species were recorded, which represents over 22 % of all registered aliens. The majority belong to phytoplankton (16) and zoobenthos (15), followed by zooplankton (8), fish (5), macroalgae (3) and mammals (1). This increase in invasive aliens suggests a serious impact on the Black Sea native biological diversity, with negative consequences for human activities and economic interests.

2.5 Causal chain analyses

Many of the immediate, underlying and root causes of individual transboundary problems are shared with other problems. In particular, the causal chain analyses for nutrient enrichment and chemical pollution are very similar, since the majority of sources of chemical pollution are also sources of nutrients. For biodiversity, the failure to adequately treat ship ballast water is regarded as being an important cause of the problem, and for changes in commercial marine living resources the other three transboundary problems are clearly contributory factors.

It is clear, therefore that the four transboundary problems cannot be dealt with individually. Improvements in management of one problem will have knock-on effects for other problems, and addressing individual causes is likely to improve the situation with regard to at least two, if not more, of the four transboundary problems. For example, one of the causes of all four of the environmental problems is that of poorly regulated coastal development. The six coastal countries all agree with the ‘ecology tenet’ underlying integrated coastal zone management, i.e. that coastal development should take account of marine ecology, conservation and biodiversity, but the underlying institutional structures vary considerably between countries. There are many examples where money has spoken louder than words.

2.6 Hot-spots analysis

A review of planned and proposed capital investments on pollution point sources identified from the 1996 TDA has shown disappointing results. Of the 50 investments initially identified, only 12 have been completed and 2 are no longer required. A decade later, work is in progress on another 10 point sources, but over half of the capital investments originally identified have either been insufficiently funded or not funded at all. Capital investment costs to address the identified 50 hot-spots were originally estimated to be almost $400 million. By the end of 2005 at least $143 million had been spent on addressing these point sources, with a further $340 million planned to be spent by the end of 2015.

2.7 Legal and institutional analysis

National environmental legislation is relatively strong, but the enforcement of this legislation has been less robust. The division of responsibilities for environmental monitoring and protection between different ministries and intra-ministerial organizations is sometimes over-complex and could be simplified in some countries at least.

In Bulgaria and Romania, EU Accession and membership has been good news for the environment. Turkey is in the initial stages of its EU accession negotiations and is keen to fund the capital investments and adopt the best agricultural practice regulations required, so further environmental improvements should accrue in the future. However, there is a need for improved cooperation between the Environment and other Ministries in all countries.

3.1 Key management approaches

The 2007 Black Sea SAP will adhere to 3 key environmental management approaches. These are:

• Integrated Coastal Zone Management (ICZM);
• The Ecosystem Approach; and
• Integrated River Basin Management (IRBM)

A description of each approach is outlined in the Glossary of Terms (Annex 3).

3.2 Long-term Ecosystem Quality Objectives (EcoQOs)

The Ecosystem Quality Objectives (EcoQOs) are statements regarding the Vision that reflect how stakeholders would like the state of the Black Sea to be over the long term, based on a resolution of priority problems identified in the Transboundary Diagnostic Analysis.

The TDA 2007 reconfirmed four priority transboundary environmental problems, described above, requiring coordinated efforts by all Black Sea coastal States. It was determined that these areas of concern, and their causes, could be most effectively and appropriately addressed through the aims of four Ecosystem Quality Objectives (EcoQOs). The four EcoQOs and associated Sub EcoQOs are:

EcoQO 1: Preserve commercial marine living resources.EcoQO 1a: Sustainable use of commercial fish stocks and other marine living resources.EcoQO 1b: Restore/rehabilitate stocks of commercial marine living resources.

EcoQO 2: Conservation of Black Sea Biodiversity and Habitats.

EcoQO 2a: Reduce the risk of extinction of threatened species.EcoQO 2b: Conserve coastal and marine habitats and landscapes.EcoQO 2c: Reduce and manage human mediated species introductions

EcoQO 3: Reduce eutrophication.

EcoQO 4: Ensure Good Water Quality for Human Health, Recreational Use and Aquatic Biota. EcoQO 4a: Reduce pollutants originating from land based sources, including atmospheric emissions.EcoQO 4b: Reduce pollutants originating from shipping activities and offshore installations

3.3 Management targets and priority status required to meet the EcoQOs

Each EcoQO is assigned a number of management targets that address the immediate, underlying and root causes of the concern areas. For regional level interventions, the Black Sea coastal States and the international partners shall work collectively to take the required steps to fulfill those interventions. National level supporting interventions will be the responsibility of individual states.

Management targets are shown in the table below. The timings of the interventions in order to meet these targets are also listed (short-term = 1-5 years, mid-term = >5-10 years and long-term = >10 years), as is the perceived relative importance of individual interventions. Further details on each EcoQO, including targets, outputs, time to implement, legal, institutional and policy reforms required, indicators of success and uncertainties are presented in a series of matrices in Annex 1.

Reference (Annex 3)	Overall target	Short-term target	Mid-term target	Long-term target	Priority
(1)	Adopt and implement a Regional Agreement for fisheries and conservation of living resources of the Black Sea.				High
(10)	Develop and introduce methodologies to assess the condition of populations of commercial marine living resources.				Medium
(11)	Finalise, adopt and implement the regional SAP for Black Sea Biodiversity and undertake 5 yearly regional update of the list of conservation status of threatened coastal and marine species as well as list of critical habitats for these species.				High / Medium
(12)	All six BS countries adopt and implement a regional Conservation Plan for Black Sea endangered species and develop national action plans.				Medium
(13)	Assess impacts of climate change on Black Sea ecosystem and sustainable development of the coastal population				Medium/ Low
(14)	Consider the necessity of creation of new and/or expansion of existing protected areas, including transboundary areas in consultation with the relevant Black Sea countries with particular attention to marine protected areas. Establish or extend these areas where necessary.				High
(15)	Further recognise and implement integrated coastal zone management principles.				High / Medium
(16)	Develop and disseminate information, training and education materials on ICZM in regional languages, referring to coastal and marine biodiversity conservation.				Medium
(17)	Regionally converge on Environmental Impact Assessment and Strategic Environmental Assessment procedures.				Medium
(18)	Amend national waste strategies and/or national coastal zone management plans with the aim of coastal and marine litter minimisation.				Medium
(19)	Develop regional and national marine litter monitoring and assessment methodologies on the basis of common research approaches, evaluation criteria and reporting requirements.				Medium
(20)	Promote/develop investment projects within national strategies/local plans to engineer, construct and install new solid waste recycling facilities, landfill sites and incineration plants, complying with BAT regulations.				Medium
(21)	Monitor and facilitate the progress in the implementation of nationally developed management plans of the protected areas.				High / Medium
(22)	Develop an inventory, classification and a mapping system for BS habitats.				High / Medium
(23)	Identify and make an inventory of Black Sea landscapes of high natural, historical, cultural and aesthetic value.				Medium
(24)	Undertake preliminary regional assessment of coastal erosion.				Low
(25)	Support coordinated scientific studies, increase resources to marine science and improve capacity particularly through targeted training programmes supporting scientific projects/programmes.				High / Medium
(26)	Promote cooperation in the Black Sea in line with principles and recommendations of the International Convention for the Control and Management of Ships' Ballast Water and Sediments.				High
(27)	Harmonise ballast water procedures using IMO guidelines.				High
(28)	Identify actions towards ratification of the BWM Convention in the BS region.				High
(29)	Implement integrated river basin management and integrated coastal zone management approaches, as stated in revised LBSA protocol.				High
(30)	Introduce cost efficiency approach to nutrient management in all BS countries.				Medium
(31)	Upgrade all WWTPs serving populations > 200,000 p.e. within the BS countries sub-basins to include N&P removal.				High / Medium
(32)	Ensure all tourist resorts are connected to sewerage systems with WWTPs of adequate capacity to address seasonal loads.				High / Medium
(33)	Ensure that all industrial plants have adequate wastewater treatment to reduce N&P emissions from direct discharge to surface waters.				High / Medium
(34)	Reduce or phase out the use of high P-containing laundry detergents.				High
(35)	Introduce harmonised P and N standards for all WWTPs serving >100,000 p.e. Ensure compliance with and harmonise standards at regional level.				Medium
(36)	Reduce atmospheric emissions of N from municipal, agricultural and industrial sources, though the introduction of BAT, BAP principles etc.				High / Medium
(37)	Harmonise the monitoring and assessment of N & P (concentrations and loads) in major rivers and straits.				High
(38)	Improve network of atmospheric deposition monitoring stations around the Black Sea coast.				Medium
(39)	Develop a nutrient modelling tool to enable source apportionment estimates to be made.				Medium
(40)	Improve the use of regulatory instruments for reducing point and diffuse source pollution from agriculture.				High
(41)	Where financial resources are available and to the greatest possible extent, introduce appropriate economic incentives to reduce nutrient emissions from agriculture.				High / Medium
(42)	Develop and expand the capacity of national agricultural extension services for promoting the control of agricultural pollution.				High
(43)					Medium
(44)	Develop/define BAT for the design and operation of large-scale agro-industrial livestock production units, including pig and poultry farms with no land.				High / Medium
(45)	All BS states agree to implement provisions of the LBSA Protocol to the BS Convention.				High
(46)	Strengthen enforcement of national/regional and international regulations on land–based pollution sources.				High / Medium
(47)	Develop economic incentive mechanisms for chemical pollution control.				High / Medium
(48)	Introduce and disseminate the concept of BAT and BEP as a tool for encouraging farmers to deliver the highest level of on-farm pollution control.				High
(49)	Introduce BAT and BEP for the most polluting industries and activities in all BS countries.				High / Medium
(50)	Harmonise environmental quality standards throughout the Black Sea region and elaborate regionally agreed criteria for assessment of the state of the Black Sea environment.				High
(51)	Develop/improve the existing monitoring system to provide comparable data sets for pollutant loads (from direct discharges and river inputs) and for other parameters.				High
(52)	Improve the “List of Black Sea-specific priority pollutants” to help target monitoring priorities.				High / Medium
(53)	Continue/improve rehabilitation /construction and monitoring of wastewater treatment plants.				High / Medium
(54)	Optimise and/or increase resources to regulatory and enforcement bodies responsible for pollution control and improve capacity through targeted training programmes.				High / Medium
(55)	Adopt the Black Sea Contingency Plan to the Protocol on Cooperation in Combating Pollution of the Black Sea by Oil and Other Harmful Substances in Emergency Situations (Part I – Response to oil pollution).				High / Medium
(56)	Develop and adopt Part II (Chemical Plan) of the Black Sea Contingency Plan to the Protocol on Cooperation in Combating Pollution of the Black Sea by Oil and Other Harmful Substances in Emergency Situations.				High / Medium
(57)	Establish an inter-state ministerial mechanism to enable a quick response to major pollution events.				High / Medium
(58)	Adopt and enforce relevant international legal instruments for safety navigation, pollution prevention, limitation of liability and compensation.				High / Medium
(59)	Improve regulations/ management of dredging / dumping activities.				Medium
(60)	Provide adequate port reception facilities for ship-generated wastes according to MARPOL 73/78, Annex I, IV, V.				High / Medium
(61)	Establish a harmonised fee/cost recovery system on ship-generated waste.				High / Medium
(62)	Develop systems for the identification of illegal pollution sources from vessels and off-shore installations.				Medium
(63)	Develop/establish a harmonised enforcement system in cases of illegal discharges from vessels and off-shore installations, including technical means and fines.				High / Medium
(64)	Develop a common system of claims management for pollution damages compensation.				Medium
(65)	Assess the need to develop a legal framework for assessment of the transportation of hazardous wastes in line with Basel Convention.				High / Medium

In addition, having regard to the ecosystem approach, the following recommendations are made to competent authorities on fisheries management.

(2)	Harmonise and improve methodologies for the collation of fisheries statistic data and for assessment of the fish stocks at a regional level				High
(3)	Increase resources to regulatory bodies responsible for fisheries management				Medium
(4)	Improved regionally-agreed system to match fishing effort to stocks				High
(5)	Ban non–precautionary fishing technologies				High/ Medium
(6)	Introduce instruments including management, economic and legal to ensure increased production from environmentally friendly mariculture to encourage a decrease in fishing effort.				High / Medium
(7)	Develop regulations aimed at decreasing by-catch level				High / Medium
(8)	Elaborate and implement measures for increasing of the fish recruitment for the protection of juvenile commercial fish.				Medium
(9)	Minimise ghost fishing caused by discarded, abandoned or lost fixed and floating nets, including those used in illegal/unregulated fishing activities				Medium

3.4 Cross-cutting issues in the Black Sea

A number of cross-cutting issues in the Black Sea will also need to be addressed in order for the EcoQOs to be successfully achieved. These include:

• Capacity strengthening for enforcement (pollution, alien species, fisheries management)
• Improved public engagement (see Section 3.5)
• Strengthen the regional coordinating role of the Commission on the Protection of the Black Sea against Pollution (see Section 3.6)
• Climate change.

These issues have not necessarily been dealt with by inclusion as Management Targets under all of the Ecological Quality Objectives (Section 3.3).

Stakeholder involvement (improved public engagement) is seen as being particularly important in addressing agriculture-derived pollution (POPs and nutrients), fishing activities and the introduction/acceptance of the BAT and BEP principle by industry representatives.

The Causal Chain Analyses in the 2007 Black Sea TDA found climate change to be a contributory factor to all four transboundary problems, but not an immediate or underlying cause. Moreover, the causes of climate change are global, so need to be addressed primarily at a global, rather than a regional level, albeit with national targets set to tackle the issue. For this reason, climate change is included only in Management Target 13 (Annex 3), with the intention only to investigate the impacts of this phenomenon.

3.5 Stakeholder engagement

Full public involvement is required at all levels in order to successfully implement the Bucharest Convention. Barriers to public engagement including linguistic, legal, operational, as well as differing perspectives among stakeholders, politicians and policy makers, need to be overcome to achieve wider public “buy-in” to the aims and achievements of the Black Sea Commission. This will continue to be done through awareness-raising activities (e.g. the celebration of International Black Day) and improved outreach programmes, such as regional information networks and information exchange mechanisms. However, it needs to be acknowledged that effective engagement of civil society in planning, management and decision-making can only be accomplished by on-going encouragement, strengthened capacities, and financial commitment by donors and countries.

3.6 Institutional organisation of the BSC and subsidiary bodies

With the end of 15 years of GEF-UNDP financial and technical support for the operation of the Commission and its subsidiary bodies, there is a need to revise and restructure the staffing and operation of the Permanent Secretariat, whilst increasing the effectiveness of the Advisory Groups and Activity Centres.

3.6.1. The CommissionThe Black Sea Commission shall take a proactive role in promoting the objectives of the BS SAP and improving the visibility of the Black Sea Commission.

3.6.2.The Permanent SecretariatStrengthening of the Permanent Secretariat is of paramount importance for the implementation of the provisions of the Convention and the BS SAP. The Black Sea coastal states consider essential to manage the responsibilities and work load and will ensure support to have fully staffed and highly operational Permanent Secretariat.

3.6.3. The Advisory Groups and Activity Centres Contracting Parties shall further support and strengthen the institutional capacity of the Advisory Groups and Activity Centers. The role of these bodies will be analysed and if necessary enhanced to ensure effective implementation of the SAP and the Convention.

4.1 Legal framework

Coastal countries’ activities in the field of environmental protection of the Black Sea are regulated under the Convention on the Protection of the Black Sea against Pollution, its Protocols and other relevant national/international legislation. The Black Sea countries are also bound by international environmental agreements and conventions. A large number of conventions and agreements have been signed and ratified by all six countries, providing a good basis for improvement of transboundary cooperation. International / transboundary cooperation is also supported through bi/tri-lateral agreements.

Bulgaria, Romania and Ukraine are also parties to the Danube River Protection Convention, which forms the overall legal instrument for cooperation and transboundary water management in the Danube River Basin. All Black Sea countries are members of the Black Sea Economic Cooperation Organization, where the cooperation is ensured through a Memorandum of Understanding. Being members of the European Community Bulgaria and Romania have expressed the need to ensure the full participation of the European Community in the BSC and the issue will be addressed in accordance with the procedures under the Convention.

There are a number of regional economic organizations with which the Black Sea countries may cooperate in achieving the goals of the SAP.

Changes of the present legal framework are expected to occur at the regional level. These changes may include: ratification by all six countries of the 2003 Black Sea Biodiversity and Landscape Conservation Protocol, adoption and ratification of the Protocol on the Protection of the Marine Environment of the Black Sea from Land-Based Sources and Activities and of the Legally Binding Document on Fisheries. In addition, the 1996 BS SAP is replaced by updated BS SAP 2009, following political negotiations and ministerial agreement. Implementation of regional (and wider international) agreements and policies into national legislation requires the formation of national management structures, for example, Inter-Ministerial Coordination Committees.

In order to strengthen and coordinate regional cooperation related to the transboundary problems of chemical pollution, changes in habitats, biodiversity and marine living resources and eutrophication, all six coastal countries shall endeavour to:

• Agree on negotiated amendments to the Bucharest Convention
• Sign and ratify the 2003 Biodiversity Protocol by all Contracting Parties to the Bucharest Convention
• Adopt and ratify the Revised LBSA Protocol
• Finalise and present for negotiations and signing the legally binding document on Fisheries
• Join other relevant global/regional conventions and harmonize with relevant international and regional policies, where applicable.
• Improve enforcement of relevant national environmental legislation

4.2 Institutional framework

Following agreement at Ministerial level, national implementation of the SAP shall be the responsibility of the governments of the Black Sea Countries and coordination of the its implementation at the regional level shall be entrusted to the Commission on the Protection of the Black Sea Against Pollution.

Black Sea Countries agree to:

• Establish and/or strengthen national Inter–Ministerial Coordination Committees to ensure integration of the SAP objectives into national plans
• Appoint/nominate, under the leadership of the Members of the Black Sea Commission, BS SAP National Focal Points, (NFPs) to be responsible for the national coordination and monitoring of BS SAP implementation
• Develop or incorporate into existing national plans (Black Sea National Action Plans or National Environmental Action Plans) activities in accordance with the targets agreed in the BS SAP 2009

• Ensure necessary expert support to the BSC Advisory Groups as it deems necessary. If additional expertise is required to provide in country support to the focal points of the Black Sea Commission Members
• Nominate the national institutions to provide data/information to the BSC focal points and consequently to the BSC Permanent Secretariat; the provided data/information shall be validated by the National Focal Point and supervised by the BS Commissioner.

At the regional level, SAP implementation will be coordinated by the BS Commission supported by BSC Permanent Secretariat, BSC Advisory Groups and Activity Centres as in kind contribution of the Black Sea coastal states. Additional funding for SAP implementation should be sought from both public and private sectors. The Permanent Secretariat will need to maintain close communication with the NFPs, who should report annually to the BS Commission on SAP implementation status at national levels. In implementing the requirements of this document, it is expected that the BSC will act as:

• The political body developing regional environmental standards, approaches and methodologies, guidance of its own and regulations/guidelines supplementary to measures imposed by other international organisations
• The supervisory body dedicated to ensuring that SAP provisions are fully implemented by all parties throughout the Black Sea region
• The regional body responsible for supplying information to stakeholders on:

i) The state of/trends in the marine environmentii) The efficacy of measures to protect itiii) Common initiatives and positions which could form the basis for cooperation and decision-making in other international fora

5.1. National financing

Reliable funding is essential for the implementation of BS SAP. Domestic finances, both public and private, shall remain the major source of environmental protection funding in the Black Sea countries. Countries shall actively develop Public-Private Partnerships and other innovative approaches to the delivery of traditionally state-owned environmental services such as water resource management or municipal environmental infrastructure. Specific national funding arrangements for the implementation of BS SAP shall be reflected in national strategic policy documents: National BS Action Plans or National Environmental Action Plans.

5.2. International assistance

There are strong reasons for continuing the international financial assistance for the protection of the Black Sea environment. International assistance still plays an important catalytic role in overall regional cooperation. The expansion of the EU in the region has had a major impact, resulting in new opportunities for better environmental management and accessing environmental finances. The new EU Neighbourhood and Partnership instrument provides new opportunities for enhanced transboundary cooperation and access to additional finances. The priorities and approaches of donors and IFIs in the Black Sea region have steadily evolved since bilateral donors are progressively scaling down their programmes in the area, while IFIs have increased their assistance in the form of loans. Taking into account this fact, strengthening and building of the project development capacity, at both national and sub-national levels, and donor coordination are essential. Donors have also made important progress in developing more coordinated and strategic ways of working together, for example through EU multi-donor initiatives such as the Danube and Black Sea Task Force (DABLAS). One of the key challenge for the years to come will include the scale up and disseminate the positive experiences from donor and IFI past projects, especially from GEF funded BSEP and BSERP.