Rules and Regulations of Bulgaria

GEF BLACK SEA ENVIRONMENTALPROGRAMME

Emergency Response Activity Centre (ERAC),

Varna, Bulgaria

Common Information

The Emergency Response Activity Centre (ERAC),located in Varna, Bulgaria is established under the Black Sea EnvironmentalProgramme (BSEP) supported by GEF.

TheERAC coordinates the Advisory Group on the Environmental and Safety Aspectsof Shipping. The Advisory Group is a consultant body of the IstanbulCommission and its Permanent Secretariat (according the Bucharest Convention, 1992, in force from 1994).

ERAC has representatives in each country of the region (National FocalPoints) considered as Government representatives which coordinate thenational efforts on the field of the contingency planning, emergencyresponse as well other shipping related activities. The Focal Points are representatives from the governmental institutions asMaritime Authorities and Ministries of Environment. Having in mind thestructure of the existing network established it may be considered that ERACoperates in the region as an intergovernmental body.

The main obligations and responsibilities of the ERAC are included in theStrategic Action Plan for the Rehabilitation and Protection of the Black Sea(BS SAP). The SAP was signed by all Governments of the Black Sea states inIstanbul, Turkey on 31 October 1996.

According to the SAP, ERAC and the Advisory Group on the Environmentaland Safety Aspects of Shipping:

"... will coordinate the regional approach to emergency response,particularly the international response to accidents involving theextraction, maritime transport, handling and storage of oil and, whererelevant hazardous chemicals. It will also coordinate, on behalf of the Commission, regional aspects of implementation of theMARPOL Convention defined in the BS SAP. Furthermore, it will assist with the elaboration of port-state-controlprocedures defined in the BS SAP. Particular attention will be paid todeveloping a strong working relationship between Ministers of Environmentand Transport both internationally and within corresponding national focal points. It will collaborate closely with allrelevant institutions and governmental bodies, international organizations(such as IMO, WMO, IOC) and the private sector (shipping, oil and gasindustries)."

On a regional level the ERAC coordinates(according BS SAP) the efforts of the Black Sea countries in the area aimedto as follows:

Note: 1. In Appendix 1 are given more details about the administrative status of the ERAC.

2. In Appendix 2 are presented the basic directionsof work according to the Black Sea Strategic Action Plan’sparagraphs 36 - 52.

Main Activities of ERAC in 1998

Regional level

1. Development and adoption of a Work Programme(WP) for the implementationof shipping related activities in the Black Sea Strategic Action Plan. TheWP was adopted by the Regional Workshop held on 24-26 November, 1998 inVarna, Bulgaria.

2. Initiation of a project on Port State Controlin the Black Sea region. The project was initially financed by the DanishEnvironmental Agency. Following the meeting of representatives of IMO, ERACand the Danish EPA, held in IMO Headquarters on 2 February 1999, it was agreed IMO to supportthis study. Some coordination action were agreedaimed to preparation of MoU and a commons project proposal to EC forimplementation of harmonized PSC procedures in the Black Sea region.

3. Coordination of the implementation of anEU-Phare Project "Feasibility Study regarding the establishment of reception facilities in themain Black Sea ports of Bulgaria, Romania and Turkey. The project is underdevelopment by the Danish company Carl Bro Group.

Planned Activities of ERAC for 1999

Regional level

Some activities of ERAC are planned taking intoaccount the Work Programme approved by the Regional Workshop held in Varnaon 24-24 November 1998 and the BS SAP General Strategy of ERAC agreed in1994.

1. Organization (in close cooperation with IMOand the Danish EPA) of the First Preparatory Meeting for the establishmentof a PSC Agreement for the Black Sea - early July 1999 (preferably after MEPC 43) in Varna. A Draft MoU and a trainingprogramme for the Black Sea states will be presented.

2. Finalization of the Feasibility Study onreception facilities in the main Black Sea ports of Bulgaria, Romania andTurkey, supported by the EU-PHARE Consortium (Carl Bro Group study) -December, 1999.

3. Participation in the organization of themeeting on Oil Spill Prevention and Response Capability for the Black SeaRegion in Odessa - probably October 1999. The meeting will be supported bythe US Department of Energy.

4. Initiation of new projects (in close coordination with IMO) on:

5. Providing of communication facilities andestablishment of communications betweenERAC and the national responsible authorities in the Black Sea states. Thecommunications in real time and the pollution reporting system will give thepossibility of the countries to establish an Initial Warning System for theregion.

6. A partnership in thefinalization of the "Regional Oil and Chemical Pollution EmergencyAction Plan for the Black Sea". This draft document was prepared by the IMO Secretariat in 1996. Currentlythe Plan is on a stage of a framework and there are still a number ofoutstanding issues to be considered further.

7. A partnership in theregional project: "TACIS Inter-state Programme for the Environment (Inland Seas Programme):BSEP. Support for the Regional Activity Centre for Pollution Monitoring andAssessment (Odessa, Ukraine): Phase I.

8. A partnership in the regional project: BSEP:Multi-country Project on the Black Sea Chemical Monitoring.

9. Preparation of appropriate information oncontingency planning in the Black Sea region for the web page currentlyunder preparation according to the NATO Special Working Group 12 (SWG12) initiative andthe Partnership for Peace (PfP).

It is expected that the Advisory Group on the Environmental and SafetyAspects of Shipping will assist the Black Sea Commission Secretariat to makethe best use of experience and institutional capacity as well to ensurestate of the art in the key groupsof problems defined in the Black Sea Strategic Action Plan.

Appendix 1

Additional Information on the Administrative Status of the ERAC

The Activity Centre in Varna is established onthe base of the former Ecological Department of the Research Institute ofShipping (RIS).

All existing facilities used by the former Ecological Department are grantedto ERAC according to a decision of the Ministries of Transport, Environmentand Waters as well UNDP. Particularly it includes the building and all theequipment that are available to the Centre from RIS. The price of the equipment amounts to more thanUSD400,000.

The staff took participation in some specializations, fellowships and study tours in UK AEA Technology - NationalEnvironmental Technology Centre, US Coast Guard, Marine EnvironmentLaboratory in Monaco, Institute of Hydrology of Portugal, Institute ofWater Problems in Germany, Hewlett Packard’s labs in Austria, Water Resources Research Centre in Budapest,etc.

The staff of the Centre now includes 7high qualified experts 4 of which are engaged in the lab complex oriented toquantity and quality oil pollution analyses, including oil spill identification.. It is planned the existing staff to be increased with two newexperts only - a legal adviser and marine law expert and an accountant.

ERAC is financially a self depending organization. The financial support ofthe Centre has to be ensured by itself on behalf of different projects thatare currently developed by the staff. The monitoring programmes, preparationof contingency plans and some other projects are financially supported by Bulgarian institutions asthe Ministry of Environment and Waters, Ministry of Transport, Ministry of Foreign Affairs, etc. Anotherpossible sources of financial resources is the engagement of the Centre inpreparation of environmental impact assessments, different kind of chemicalanalysis as well consultant services.

There are not favorable circumstances ERAC to be financed by the BulgarianGovernment for its operation on a regional level. The reason is the CurrencyBoard settled in Bulgaria under the agreement with the InternationalMonetary Fund and WB.

Appendix 2

Strategic Action Plan for the Rehabilitation and Protection of theBlack Sea

31 October 1996

. . . . . . . . . . . . . . . . . . .

Recalling that the preparation of a strategic action plan was called for inResolution 3, adapted at the Diplomatic Conference on the Protection of theBlack Sea, Bucharest, April 21-22, 1992 and in the Final Act of theMinisterial Meeting on the Declaration on the Protection of the Black Sea, Odesa, April 6-7, 1993;

Decide to agree on the following principles,policies and actions:
. . . . . . . . . . . . . . . . . . .

Vessel source pollution

36. MARPOL 1973/78 shall be more effectivelyimplemented by Black Sea states, especially with a view to giving effect toits provisions on Special Areas, by 2002.

37. Due to the rapid increase in traffic to Black Sea ports, the capacity ofharbour reception facilities need to be enlarged in order to comply withMARPOL Special Area requirements. Harbour reception facilities will beinstalled: for garbage by December 1999; for oil by December 2000; and for chemicals by December 2002. The use of thesefacilities shall be made compulsory. In installing harbour receptionfacilities close cooperation with the private sector will be pursued, theadvice of the IMO will be requested, and the results of the study conducted by the BSEP and the European Unit willbe taken into account.

38. A harmonized system of port state control willbe established in the Black Sea region through the adaptation of aMemorandum of Understanding on Port State Control. It is advised that the Istanbul Commission adopt such aMemorandum, upon the recommendations of the Advisory Group on Environmentaland Safety Aspects of Shipping, by December 1998.

39. Black Sea states shall take the necessary steps to enable them to fullyexercise their prescriptive and enforcement powers, in accordance withinternational law, in order to pursue the reduction of illegal discharges byvessels into the Black Sea.

40. A harmonized system of enforcement, includingfines, will bedeveloped for the Black Sea region. It is advised that the IstanbulCommission, upon recommendation of the Advisory Group on the Environmentaland Safety Aspects of Shipping, adopt such a system by December 1998. Theprimary aim of this system will be to serve as a deterrent for illegal discharges and, where necessary, toexercise enforcement action against illegal discharges.

41. Black Sea states will present a joint proposalto the IMO, in 1997, for conducting an in-depth study on measures to avoidanyfurther introductions of exotic species into the Black Sea though thedeballasting of vessels. Given the danger of such species migrating to otherseas in the region, the coastal states of the Caspian and Mediterranean Seawill be consulted.

Pollution from dumping

42. A total ban on the disposal of municipal garbage in marine, shorelineand estuarine areas shall be imposed by December 1996. Each Black Sea stateshall develop a plan setting out the manner in which comprehensiveenforcement of the ban willbe attained by December 1999.

43. Illegal dumping operations in the Black Sea area matter of concern. Black Sea states, individually and jointly, shall takemeasures to control any dumping activities that may take place.

44. Black Sea states, through the Istanbul Commission and in accordance witharticle 3 of the Protocol on Dumping to the Bucharest Convention, shalldefine concentration levels for trace contaminants in dredged spoils, byFebruary 1998.

45. Black Sea states shall consider amending theProtocol on Dumping to the Bucharest Convention, in accordance with theLondon Convention 1972, including its subsequent amendments.

Waste management

46. The Black Sea coastal states will cooperate indeveloping and implementing environmentally sound waste management policies,giving due consideration to waste minimization, recycling and reuse.

Transboundary movement of hazardous wastes

47. Without further delay, Black Sea states,through the Istanbul Commission, and in accordance with Resolution 1, adopted at the Diplomatic Conference on the Protection of the Black Sea Againstpollution, shall complete and adopt the text of Protocol to the BucharestConvention concerning the transboundary movement of hazardous wastes andcooperation in combating illegal traffic thereof.

Contingency planning and emergency response

48. A Black Sea Strategy for contingency planningand emergency response shall be developed. It is recommended that theIstanbul Commission, upon recommendation of its Advisory Group on the Environmental and Safety Aspects of Sipping, adopt such a Strategy, byDecember 1997. This Strategy should provide a basis for ensuring that thecontingency plans developed within Black Sea states are sufficientlycoordinated. It will also serve as a basisfor the development of the regional contingency plan.

49. National and local contingency plans, coveringboth vessels and offshore installations, shall be improved and, whereappropriate, adopted, by December 1998. The responsibilities and obligationsof governmental agencies in the event marine emergencies shall be clearlydefined. National contingency plans shall be developed in accordance withIMO guidelines, as well as other relevant international instruments,including the Black Sea Strategy for contingency planning and emergency response.

50. A Black Sea Contingency Plan shall be adopted.It is recommended that the Istanbul Commission, upon the recommendations ofits Advisory Group on the Environmental and Safety Aspect of Shipping, adoptsuch a planby December 2000. The Black Sea Contingency Plan should address thecompatibility of: emergency equipment, reporting forms and oil spill data;classification of the scale of spillage’s; methods for evaluating the sensitivity of the coast to hazards; and spill decision support systems, including models for forecasting oilmovements. In addition, regionally coordinated national classification andrisk assessment systems shall be developed.

51. In order to ensure rapid and effective actionby national emergency response agencies, each Black Sea states, in cooperation with the privatesector and, where appropriate, with international and bilateral agencies,shall ensure that their own national agencies, are adequately staffed andthat the necessary resources are available to them.

52. Close cooperation shall be sought with theshipping, oil and gas sector in order to ensure that, to the extent possible, the cost of developing and implementing contingency plans are born by thesesectors.

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