On ratification of the Protocol on the Conservation of Biological Diversity to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea

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The Law of the Republic of Kazakhstan dated October 23, 2021 No. 70-VII SAM.

To ratify the Protocol on the Conservation of Biological Diversity to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Ashgabat on May 30, 2014.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

In the name of Allah

I hereby certify that the attached text (in Kazakh, English, Farsi, Russian and Turkmen) is a true copy of the Protocol on the Conservation of Biological Diversity to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Ashgabat on May thirtieth, 2014. The original of the said Protocol has been deposited with the Ministry of Foreign Affairs of the Islamic Republic of Iran. This document contains 108 pages stitched and sealed.

Behzad Saberi Ansari

General manager

on international legal issues

Ministry of Foreign Affairs of the Islamic Republic of Iran

May 25, 2021

Protocol on the Conservation of Biological Diversity to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The preamble

Caspian Littoral States:

The Republic of Azerbaijan,

The Islamic Republic of Iran,

Republic of Kazakhstan,

Russian Federation,

Turkmenistan,

hereinafter referred to as the Contracting Parties,

being Contracting Parties to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Tehran on November 4, 2003, hereinafter referred to as the Convention,

Determined to implement the Convention, paragraph 2 of article 14 of which provides for cooperation in the development of Protocols in order to take the necessary measures for the protection, conservation and restoration of biological resources,

Being Contracting Parties to the United Nations Convention on Biological Diversity of 5 June 1992,

Realizing that the Caspian Sea is a unique ecosystem and has a large number of biotopes and species of important national, regional and global importance that require protection, conservation and restoration, as well as the need to ensure sustainable and rational use of biological resources,

Taking into account the impact on the marine environment of the Caspian Sea as a result of various anthropogenic activities that threaten biological diversity,

Emphasizing the importance of preserving biological diversity and, where possible, improving the natural and cultural heritage of the coastal and marine areas of the Caspian Sea, in particular through the development of protected areas, as well as the protection and conservation of endangered species at the national and regional levels,

Noting with concern the problem of alien species and the need to develop measures to control them and prevent the accidental movement of such species into and out of the Caspian Sea as a result of anthropogenic activities,

Recognizing the need to take the necessary measures to protect, preserve and restore the viability and integrity of the coastal and marine ecosystems of the Caspian Sea,

WE have AGREED on the following:

PART I. GENERAL PROVISIONS AND OBLIGATIONS

Article 1. Use of terms

For the purposes of this Protocol, the following terms mean:

(a) “Biological diversity” means the variability of living organisms from all sources, including, but not limited to, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this concept includes diversity within species, between species and ecosystem diversity;

(b) “Biological resources” includes genetic resources, organisms or parts thereof, populations, or any other biotic components of ecosystems that have actual or potential utility or value to humanity.;

(c) “Biotechnology” means any type of technology involving the use of biological systems, living organisms or their derivatives to manufacture or modify products or processes for their specific use;

(d) “Competent authority" means either the "National Authority" as defined in Article 1 of the Convention, or the authority(s) in the Government of a Contracting Party designated by the National Authority and responsible for fulfilling the obligations provided for in this Protocol;

(e) “Country of origin of genetic resources” means a country that possesses these genetic resources in situ, with the exception of agreed transboundary biological resources owned by all Caspian littoral States;

(f) “Country providing genetic resources" means a country providing genetic resources collected from in-situ sources, including populations of both wild and domesticated species, or obtained from ex-situ sources, regardless of whether they originate from that country or not;

(g) “Domesticated or cultivated species” means species whose evolution process is influenced by humans in order to meet their needs;

(h) “Ecosystem” means a dynamic complex of plants, animals and microorganisms, as well as their environment, interacting as a single functional whole;

(i) “Endemic species” means any species found only in a particular geographical region;

(j) “Ex situ conservation” means the conservation of components of biological diversity outside their natural habitats;

(k) “Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity;

(l) “Genetically modified species” means any species whose genetic material has been modified by the use of genetic technology.

(m) “Genetic resources" means genetic material of actual or potential value;

(n) “Habitat” means the type of terrain or natural habitat of an organism or population;

(o) “In-situ conservation” means the conservation of ecosystems and natural habitats, as well as the maintenance and restoration of viable populations of species in their natural environment, and, in the case of domesticated or cultivated species, in the environment in which they have acquired their distinctive characteristics;

(p) “Alien species” (also known as exotic or introduced species) means any emerging species located outside their historically known natural range, as a result of intentional or accidental spread due to human activities;

(q) “Invasive species" means alien species (invading species), the appearance and spread of which may cause economic or environmental damage to the ecosystem or biological resources, or harm human health;

(r) “Conference of the Contracting Parties” means the body referred to in Article 22 of the Convention;

(s) “List of Protected Areas of the Caspian Sea” means a list of protected areas of importance to the marine environment of the Caspian Sea;

(t) “Protected area" means a geographically designated area that is allocated, regulated and used to achieve specific conservation objectives;

(u) “Secretariat” means the body referred to in article 23 of the Convention;

(v) “Sustainable use” means the use of components of biological diversity in a manner and at a pace that does not lead to depletion of biological diversity in the long term, thereby preserving its ability to meet the needs of present and future generations and meeting their aspirations;

(w) “Technology" means the practice, description and terminology of any or all applied sciences with practical and/or industrial applications, including, but not limited to, biotechnology;

(x) “Endangered species” means any taxon whose survival is seriously threatened by anthropogenic activities or other factors.,

(y) “Introduction” means the deliberate or accidental transfer of a species from outside into the ecosystem of the Caspian Sea

(z) “Applicable international treaties” means international legal instruments affecting the subject matter of this Protocol to which the Contracting Parties are Parties.

Article 2. Objectives

The objectives of this Protocol are to protect, preserve and restore the viability and integrity of the biological diversity and ecosystem of the Caspian Sea, as well as to ensure the sustainable use of biological resources and in this context:

(a) Conservation of endangered species and vulnerable ecosystems to ensure their long-term viability and diversity;

(b) Prevention of deterioration, degradation and damage to species, habitats and ecosystems in accordance with the precautionary principle;

(c) Protection and conservation of those areas that best represent a wide range of species, special habitats, ecological systems, and natural and related cultural heritage.

Article 3. Scope of application

According to articles 3 and 15 of the Convention, this Protocol applies to the marine environment of the Caspian Sea, taking into account fluctuations in its level and pollution from land-based sources, as well as land affected by the proximity of the sea, including wetlands of international importance, determined in accordance with the national legislation of the Contracting Parties or otherwise.

Article 4. Implementation of the Protocol

Each Contracting Party shall designate a competent authority to coordinate the implementation of the provisions of this Protocol on its territory and under its jurisdiction.

Article 5. General obligations

Taking into account paragraph 1 of Article 9, paragraph 2 of Article 11 and Article 30 of this Protocol, the Contracting Parties shall be guided by their national legislation in implementing the provisions of this Protocol. In this context, the Contracting Parties:

(a) independently or jointly take the necessary measures to protect, preserve and restore the marine environment of the Caspian Sea;

(b) use the natural resources of the Caspian Sea in such a way as not to damage the marine environment and biological resources of the Caspian Sea;

(d) protect, preserve and restore areas that are unique, most vulnerable or important to the region, using environmentally friendly and sustainable methods, primarily through the creation of protected areas;

(e) Adopt national and, where appropriate, regional strategies, action plans and programmes, and develop and apply appropriate legislation for the conservation of biological diversity and the sustainable use and management of biological resources, including their habitats;

(f) implement monitoring measures related to the biological diversity of the Caspian Sea;

(g) Identify and compile registers of biological diversity and habitats for the conservation of biological diversity and the sustainable and rational use of biological resources;

(h) ensure that sectoral strategies and action plans comply with the principles of conservation of biological diversity and the sustainable and rational use of biological resources;

(i) implement integrated national management of land affected by the proximity of the sea, taking into account the need for sustainable and rational use of biological resources and the conservation of biological diversity;

(j) control sources of pollution and any activities that have or may have significant negative impacts on habitats and species;

(k) cooperate with each other and with competent international organizations in the field of conservation of biological diversity and management of endangered species and ecosystems.

PART II. PROTECTION AND CONSERVATION OF SPECIES

Article 6. Measures for the protection and conservation of species

In order to protect and preserve the species, the Contracting Parties:

(a) Establish comprehensive registries of endangered species of flora and fauna and grant these species protected status based on the categories of Annex I to this Protocol, on the basis of which the Caspian Red Book will be developed in cooperation with relevant international organizations for its adoption at the Conference of the Contracting Parties, after discussion and analysis by the Contracting Parties.;

(b) Regulate activities that have a negative impact on protected species and their habitats, and take other measures to ensure a favorable conservation situation for these species;

(c) Monitor and, if necessary, prohibit the deliberate and, as far as possible, accidental capture, possession or killing or slaughter, transportation and commercial use of protected species of flora and fauna, their parts, as well as derivatives;

(d) Monitor and, if necessary, prohibit activities that lead to fauna disturbance, especially during breeding, incubation, hibernation or migration, as well as during other periods of biological stress;

(e) Regulate all forms of destruction and interference with protected flora species, their parts and products, including harvesting, harvesting, cutting, uprooting, possession, trade, transportation and display for commercial purposes;

(f) Cooperate in the protection and restoration of migratory species;

(g) Carry out long-term monitoring of the status of endangered species included in Annex I to this Protocol, as well as the nature and scale of impacts threatening their survival, in accordance with agreed common criteria for population dynamics.;

(h) Exchange information on measures taken to conserve populations of endangered species listed in Annex I to this Protocol and evaluate the effectiveness of such measures based on agreed common criteria.;

(i) Develop and implement national and, where appropriate, regional action plans for in-situ and ex-situ conservation and restoration of the species listed in Annex I to this Protocol;

(j) Cooperate to ensure the protection, conservation and, where appropriate, restoration of the endangered species listed in Annex I to this Protocol;

(k) Grant, where necessary and in accordance with national legislation, an exemption from the prohibition provided for the protection of the species listed in Annex I to this Protocol for scientific and reproductive purposes and in the event of a threat to human health, provided that such exemption does not endanger the survival of the population of the species under study or any other types.

Article 7. Alien species

The Contracting Parties:

(a) regulate the introduction of alien species and ban those that may adversely affect ecosystems, habitats or species, and regulate already introduced species that cause or may cause damage;

(b) study the status of all alien species introduced into the Caspian Sea, analyze the risks they pose, and develop and implement a regional action Plan for those species that have been identified as invasive species.

Article 8. Genetically modified species

The Contracting Parties regulate the introduction of genetically modified species and ban those that may have harmful effects on human health, ecosystems, habitats and species, and regulate already introduced species that cause or may cause damage. Any such introduction is carried out by decision of the Conference of the Contracting Parties, subject to prior discussion and analysis by the Contracting Parties.

PART III. PROTECTION AND CONSERVATION OF PROTECTED AREAS

Article 9. Assignment of protected area status

1. For in-situ conservation purposes and after ensuring that no other Contracting Party objects, each Contracting Party may, in accordance with the criteria listed in Annex II to this Protocol, designate protected areas in the marine environment and on land affected by the proximity of the sea for the purposes of this Protocol. This status of protected areas may be assigned for protection purposes.:

(a) Types of coastal and marine ecosystems characteristic of the region, of sufficient size to ensure their long-term viability and maintain their biological diversity;

(b) Habitats that are threatened with extinction in their natural distribution and within the scope of this Protocol, including those whose natural distribution has declined due to regression or their characteristic limited distribution;

d) objects of special importance due to their scientific, aesthetic, cultural or educational significance.

2. If two or more Contracting Parties intend to jointly assign the status of a jointly protected area, the Competent authorities of these Parties shall take steps to cooperate in order to reach an agreement on the necessary measures.

3. When assigning the status of a protected area, including both coastal and marine areas, the Contracting Party shall take measures to ensure coordination of the management of protected areas in their integrity. The Contracting Party shall develop and apply management plans in accordance with the guidelines and general criteria set out in Annex II to this Protocol.

Article 10. Protected areas and their management

1. In accordance with applicable international treaties and national legislation, the Contracting Party shall take the necessary environmental protection measures, including::

(a) the prohibition of the disposal or disposal of waste and other substances that may directly or indirectly harm the integrity of the ecosystem of the protected area;

(b) the regulation of the passage of ships and any mooring or anchoring;

(c) regulating the introduction of any species into the area, including species not native to the protected area, as well as the reintroduction of species that are present or present in the protected area;

(d) regulation of any activity related to construction or exploration work within the protected area;

(e) regulation of any scientific research activity;

(f) regulation of fishing, hunting, trapping of animals, harvesting of plants or their destruction, as well as trade in animals and animal parts, plants and plant parts;

(g) regulation of any other activities and actions that may harm or affect species, or that may endanger the conservation of ecosystems, or harm the natural or cultural features of the protected area;

(h) any other measures aimed at protecting important ecological and biological systems.

2. In accordance with applicable international treaties and national legislation, the Contracting Party shall take measures for planning, management, control and monitoring of protected areas, including:

(a) Develop and adopt a management plan defining the legal and organizational framework, as well as applicable management and security measures;

(b) Monitoring of ecological systems, habitats, population dynamics, and impacts of anthropogenic activities;

(c) Actively involving local communities and the general public, as appropriate, in the development of a management plan and subsequent management of the protected area and providing assistance to local residents who may be affected by the creation of a protected area;

(d) Training and education of local communities, the general public and organizations;

(e) Training of managers and qualified technical staff.

3. The Contracting Parties shall ensure that national emergency response plans include measures to respond to incidents that may damage or pose a threat to protected areas.

Article 11. Procedures for assigning status and compiling a List of Protected areas of the Caspian Sea

1. The Contracting Parties shall draw up a List of Protected Areas of the Caspian Sea (the ORCM List).

2. ORCS may be isolated in the marine and/or coastal areas of one or more Contracting Parties. The geographical coordinates of the ORCM in the marine areas will be determined in accordance with the provisions of the Convention on the Legal Status of the Caspian Sea after its entry into force for all Contracting Parties.

3. Contracting Parties putting forward proposals for the inclusion of areas in the List of CCMs shall submit to the Convention Secretariat a preliminary report containing information on the geographical location of the area, its physical and environmental characteristics, administrative status, management plan and means of implementation, as well as a statement justifying its importance. In the case of a proposal concerning an area in a marine or coastal area of two or more Contracting Parties, the Contracting Parties concerned shall consult jointly in order to ensure consistency of the proposed protection and conservation measures and their implementation.

4. The Secretariat reviews the conformity of the proposal with the general guidelines and criteria listed in Annex II to this Protocol, and if, based on the results of the assessment, it considers that the area meets them, upon receipt of the consent of all Contracting Parties, it informs the Conference of the Contracting Parties, which decides whether or not to add the area to the List of MPCs.

5. After being included in the List of MPCs, the Contracting Party or the Parties shall implement the protection and conservation measures specified in their management plans developed in accordance with subparagraph (a) of paragraph 2 of Article 10 of this Protocol. They inform the Secretariat of any changes in the delimitation or administrative status of any protected area included in the ORCM List.

6. The secretariat informs the competent national and international organizations about the contents of the List and about the activities carried out in the ORCM.

PART IV. TOOLS AND REQUIREMENTS FOR THE PROTECTION AND CONSERVATION OF SPECIES AND PROTECTED AREAS

Article 12. Conservation of biological diversity in the management of land affected by the proximity of the sea

In accordance with Article 15 of the Convention, the Contracting Parties shall take measures to develop and adopt national strategies and plans for the management of land affected by the proximity of the sea, with a view to creating a mechanism for the conservation of biological diversity. The requirements for the application of these national strategies and plans include:

(a) the inclusion of provisions related to the conservation of biological diversity and environmental protection in national and/or regional development plans;

(b) the implementation of integrated management principles that enable the multi-purpose use of biological resources in accordance with article 3 of this Protocol;

Article 13. Environmental impact assessment for the conservation of biological diversity

The Contracting Parties, in accordance with Article 17 of the Convention, apply environmental impact assessment procedures as a tool to prevent and minimize negative impacts on biological diversity in the marine environment of the Caspian Sea.

Article 14. Access to genetic resources

1. Due to the recognition of the sovereign rights of the Contracting Parties to their natural resources, the right to determine access to genetic resources belongs to national Governments and is regulated by national legislation.

2. Taking into account national legislation, each Contracting Party shall strive to create conditions to facilitate access to genetic resources for environmentally sound use by other Contracting Parties and not to impose restrictions that contradict the objectives of this Protocol.

3. For the purposes of this Protocol, genetic resources provided by

Only those provided by the Contracting Parties that are the Countries of origin of such resources, or by the Contracting Parties that have received these resources in accordance with this Protocol, apply.

4. Access to genetic resources, if granted, shall be provided on mutually agreed terms in accordance with the provisions of this article. Such conditions may include:

(a) Dispute resolution;

(b) Conditions for benefit sharing;

(d) the terms of the change of intent, as appropriate.

5. Access to genetic resources is regulated on the basis of the prior informed consent of the Contracting Party providing such resources, unless that Contracting Party decides otherwise.

6. Each Contracting Party shall strive to prepare and conduct scientific research based on genetic resources provided by other Contracting Parties, with their full participation and, whenever possible, in such Contracting Parties.

Article 15. Access to and transfer of technology

1. Each Contracting Party undertakes, in accordance with the provisions of this Article, to provide and/or facilitate access by other Contracting Parties to technologies related to the conservation and transfer of technologies related to the conservation and sustainable use of biological diversity or involving the use of genetic resources and not causing significant damage to the environment.

2. The access to technology referred to in paragraph 1 of this Article and its transfer to other Contracting Parties shall be carried out and/or ensured on fair and favorable terms, including on preferential and most favorable terms, if a mutual agreement is reached.

3. Each Contracting Party shall take appropriate legislative, administrative or policy measures to ensure that Contracting Parties providing genetic resources have access to technology involving the use of these resources and transfer this technology on mutually agreed terms, including technology protected by patents and other intellectual property rights in accordance with applicable international treaties, and also according to paragraphs 4 and 5 of this article.

4. Each Contracting Party shall take appropriate legislative, administrative or policy measures to ensure that the private sector facilitates access to the joint development and transfer of technology referred to in paragraph 1 of this Article for the benefit of both government agencies and the private sector of the Contracting Parties.

5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an impact on the implementation of this Protocol, shall cooperate in this field, guided by national legislation and applicable international treaties, in order to ensure that these rights contribute to and do not contradict its objectives.

Article 16. Scientific and technical cooperation and assistance

1. The Contracting Parties undertake to promote scientific and technical cooperation in the field of conservation of biological diversity and sustainable and rational use of biological resources through appropriate national and international institutions.

2. Each Contracting Party shall promote scientific and technical cooperation with other Contracting Parties in the implementation of this Protocol. Special attention should be paid to the development of human and institutional capacities, the development of research and monitoring programmes, as well as standardization procedures and guidelines to facilitate such cooperation.

3. The Contracting Parties shall cooperate in the development and use of technologies, including traditional technologies, in an effort to achieve the objectives of this Protocol. To this end, the Contracting Parties also promote cooperation through training and exchange of experts.

4. The Contracting Parties, subject to mutual agreement, shall promote the implementation of joint projects and research programs and the organization of joint ventures to develop technologies necessary for the implementation of the objectives of this Protocol.

Article 17. Exchange of information

The Contracting Parties:

(a) Take appropriate measures to facilitate the exchange of information from all publicly available sources related to the conservation of biological diversity and the sustainable and rational use of biological resources. This information exchange includes the results of technical, scientific, and socio-economic research, as well as information on training and traditional knowledge.;

(b) Exchange information on the characteristics of protected areas and endangered species, including lessons learned and existing problems;

(c) Promptly notify, as far as possible, any situation that may endanger the ecosystems of protected areas or the survival of endangered species, other Contracting Parties that may be affected by it, and the Secretariat.

Article 18. Environmental education and public awareness

The Contracting Parties:

(a) adequately publicize the status of endangered species and the designation of protected areas, their characteristics, significance and applicable standards;

(b) Take measures to inform the public about the importance and vulnerability of protected areas and endangered species, as well as the scientific knowledge gained through the implementation of conservation programmes. Such information should be included in training and public awareness programs.;

(c) Take measures to ensure the participation of the public and environmental organizations in activities necessary to protect protected areas and endangered species.;

(d) Cooperate, as appropriate, with other Contracting Parties and competent national and international organizations in the development of educational and public awareness programmes in the field of conservation of biological diversity and the sustainable and rational use of biological resources.

Article 19. Reports of the Contracting Parties

1. Each Contracting Party shall submit to the Secretariat a report on the implementation of the provisions of this Protocol, in particular on the status of:

(a)Biological diversity, including endangered and alien species;

(b) Habitats;

(d) Implementation of educational programs in the field of the environment and public awareness.

2. The format of the report and the procedure for providing information shall be agreed upon by the Conference of the Contracting Parties.

PART V. ORGANIZATIONAL AND FINANCIAL REGULATIONS

Article 20. Organizational provisions

1. For the purposes of this Protocol and in accordance with paragraph 10 of Article 22 of the Convention, inter alia, the Conference of the Contracting Parties:

(a) monitors the implementation of this Protocol;

(b) oversees and directs the work of the Secretariat;

(d) in accordance with article 24 of this Protocol, consider and adopt any amendments to this Protocol or its annexes, as well as additional annexes thereto;

(e) Consider reports submitted by the Secretariat on matters related to this Protocol;

(f) Assess the effectiveness of measures to protect protected areas and endangered species, and examine the need for other measures, especially in the form of amendments to this Protocol or its Annexes;

(g) adopt and, if necessary, review relevant regional programmes, action plans and measures in accordance with Article 6 of this Protocol;

(h) develop procedures for the submission of reports by the Parties in accordance with Article 19 of this Protocol and facilitate the exchange of information in accordance with Article 17 of this Protocol;

(i) decides on the inclusion of an area in the List of ORCS in accordance with Article 9 of this Protocol;

(j) consider and make decisions on financial and budgetary matters related to the implementation of this Protocol;

(k) Establish such subsidiary bodies or organizational mechanisms as may be necessary for the implementation of this Protocol;

(l) consider and implement any additional measures that may be necessary to achieve the objectives of this Protocol; and

(m) seek, if necessary, technical and financial services from relevant international organizations and scientific institutions to achieve the objectives of this Protocol.

2. For the purposes of this Protocol and in accordance with paragraph 4 of Article 23 of the Convention, the Secretariat, inter alia:

(a) provide, at the request of any Contracting Party, legal, scientific and technical assistance and advice for the effective implementation of the Protocol;

(b) liaises with the Competent Authorities of the Contracting Parties on the application of this Protocol;

(d) Establish and maintain contact and interaction with relevant international organizations, in particular, with the secretariats of treaties regulating biological diversity;

(e) Assist the Contracting Parties in cooperation with relevant international, intergovernmental and non-governmental organizations in the field of the application of this Protocol;

(f) Develops unified monitoring systems for ORCMS and endangered species;

(g) Proposes the establishment of a network of ORCS, in agreement with the Contracting Parties, for the effective conservation of the biological diversity of the Caspian Sea;

(h) Creates and updates databases on ORCS and endangered species;

(i) Prepare and submit to the Conference of the Contracting Parties reports and the results of technical studies that may be required for the implementation of this Protocol;

(j) Develop and implement the necessary training programmes;

(k) Performs the functions assigned to it in accordance with the action plans adopted by the Conference of the Contracting Parties under this Protocol;

(l) Performs other functions as may be determined by the Conference of the Contracting Parties.

Article 21. Financing of the Protocol

1. In order to achieve the objectives of this Protocol, the Contracting Parties, if possible,:

(a) Consider and provide financial support for the development and implementation of relevant domestic, bilateral and multilateral programmes, projects and measures;

(b) Facilitate the attraction of financial resources from bilateral and multilateral sources and financing mechanisms, including grants and loans;

(c) Explore innovative methods and incentives for attracting and allocating resources, including funds from foundations, government agencies in other countries, international organizations, non-governmental organizations and private sector entities.

2. The financial rules of the Convention shall apply mutatis mutandis to this Protocol, unless the Conference of the Contracting Parties decides otherwise.

PART VI. FINAL ARTICLES

Article 22. Dispute resolution

Any dispute between the Contracting Parties concerning the application or interpretation of the provisions of this Protocol shall be settled in accordance with Article 30 of the Convention.

Article 23. Adoption and entry into force of the Protocol

1. This Protocol shall be adopted by a unanimous decision of the Contracting Parties at a session of the Conference of the Parties.

2. This Protocol is open for signature only by the Contracting Parties in the city of Tehran from May 30, 2014 to May 30, 2015.

3. This Protocol is subject to ratification, acceptance or approval by the Contracting Parties. The Protocol will be open for accession by any Caspian littoral State starting from the date of its closure for signature.

4. The instruments of ratification, acceptance, approval or accession thereto shall be deposited with the Depositary of the Convention.

5. This Protocol shall enter into force on the ninetieth day after the deposit of instruments of ratification, acceptance, approval or accession by all Contracting Parties to the Convention.

Article 24. Adoption of amendments and annexes to the Protocol and amendments to its annexes

The Contracting Parties may submit proposals for the adoption of amendments and annexes to this Protocol, as well as amendments to its annexes. Such amendments and annexes shall be adopted by the Contracting Parties and shall enter into force for them in accordance with articles 24 and 25 of the Convention.

Article 25. Relationship with other international treaties

Nothing in this Protocol shall prejudice the rights and obligations of

Of the Contracting Parties under other agreements to which they are parties.

Article 26. Impact of the Protocol on national legislation

The provisions of this Protocol shall not affect the right of the Parties to take appropriate stricter national measures to implement this Protocol.

Article 27. Reservations

No reservations to this Protocol are permitted.

Article 28. The Depositary of the Protocol

The depositary of this Protocol is the Depositary of the Convention.

Article 29. Authentic texts

The texts of this Protocol in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English are equally authentic. In case of disputes concerning the interpretation or application of this Protocol, the English text shall be used.

Article 30. Attitude to negotiations on the legal status of the Caspian Sea

No provisions of this Protocol are interpreted as prejudging the outcome of negotiations on the legal status of the Caspian Sea.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.

Done in the city of Ashgabat on the thirtieth day of May in the year two thousand and fourteen.

ANNEX I

Categories of definition of protected species

The Disappeared" - Extinct (EX)

A taxon is considered "Extinct" when there is no reasonable doubt that its last individual has died. A taxon is recognized as "Extinct" when, after a thorough examination of its known and/or suspected habitats, no individuals have been found within its historical range at an appropriate time (day, season, year). According to the time parameters, the surveys should correspond to the life cycle and biological form of the taxon.

Extinct in the Wild" – Extinct in the Wild (EW)

A taxon is considered "Extinct in the wild" when it is known to have survived only in culture, in captivity, or as a naturalized population (or populations). outside the former area. A taxon is recognized as "Extinct in the wild" when, after a thorough examination of its known and/or suspected habitats, no individuals have been found within its historical range at an appropriate time (day, season, year). According to the time parameters, the surveys should correspond to the life cycle and biological form of the taxon.

"Critically Endangered" – Critically Endangered (CR)

A taxon is considered "Critically endangered" when it is most clearly shown that it is defined by one of the criteria (A - E) of the "Critically endangered" category and is therefore considered to face an extremely high risk of extinction in the wild.

"In a dangerous condition" - Endangered

A taxon is considered "Endangered" when it is most clearly shown that it is defined by one of the criteria (A - E) of the "Endangered" category and is therefore considered to face a very high risk of extinction in the wild.

"Vulnerable" - Vulnerable (VU)

A taxon is considered "Vulnerable" when it is most clearly shown that it is defined by one of the criteria (A - E) of the "Vulnerable" category and is therefore considered to face a high risk of extinction in the wild.

"Near Threatened" – Near Threatened (NT)

A taxon is considered "Near threatened" when it has been assessed according to criteria and has not been classified as "Critically endangered", "Endangered" or "Vulnerable" at the present time, but is close to it or is likely to be classified in any of the threat categories in in the near future.

"Least Concern" – Least Concern (LC)

A taxon is considered "Least concern" when it has been assessed according to criteria and has not been classified as "Critically Endangered," "Endangered," "Vulnerable," or "Near Threatened." Taxa with widespread distribution and high abundance also belong to this category.

Lack of data" – Data Deficient (DD)

A taxon is classified as "Data deficient" when the available information on the status of its abundance and/or range is insufficient to directly or indirectly assess the risk of extinction. A taxon in this category can be well studied and its biology is well known, but data on its abundance and/or distribution are insufficient for evaluation. The category of "Lack of data" is not an endangered category. The inclusion of the taxon in this category shows that more information is needed, and it is recognized that future research may make it possible to assign it to one of the categories of threatened extinction. It is very important to make full use of all available data. In many cases, special care must be taken when choosing between the categories of "Data deficient" and endangered categories. If, for example, it is assumed that the range of a taxon is quite limited and a significant period of time has passed since the last discovery of the taxon, then it may be justified to give it the status of a threatened state.

"Unappreciated" – Not Evaluated (NE)

A taxon is considered "Unappreciated" when it has not yet been evaluated according to criteria.

ANNEX II

General criteria for inclusion in the List of ORCMS

A. Criteria for choosing an area:

1. Any area must comply with at least one of the sub-paragraphs specified in paragraph 1 of Article 9 of this Protocol in order to be included in the List of MPCs. In some cases, the same area may correspond to several sub-items, and such cases only strengthen the arguments in favor of adding the area to the List.

2. There are no restrictions on the total number of areas included in the List or on the number of areas that any Party may propose for inclusion in it. Nevertheless, the Parties agree that the areas will be selected on a scientific basis and included in the List in accordance with their qualitative characteristics, by virtue of which they must meet the requirements listed in the Protocol and these criteria.

3. The Contracting Parties agree that, along with the fundamental criteria of national administrative status, they will be guided by the following criteria for selecting sites for inclusion in the List of ORCMS:

a) Global significance:

An object is a noteworthy example of a natural or practically natural ecosystem characteristic of a relevant biogeographic region; it supports the vital activity of a sufficiently large group of rare, vulnerable or endangered plant or animal species or subspecies, or a significant number of individuals of one or more such species; it is of particular value for maintaining genetic and ecological diversity. the diversity of the region due to the quality and distinctive features of its flora and fauna; It has a special value as a habitat for plants or animals at an important stage of their biological cycle; 20,000 individuals of waterfowl live on it on a regular basis; 1% of the population of one species or subspecies of waterfowl lives on it on a regular basis.;

b) Regional value:

The object has value at the regional level and is very characteristic of the Caspian Sea region and its biological diversity.;

The facility has the administrative status of a national protected area, environmental protection measures and a management plan provided with financial resources.;

d) Uniqueness:

Its territory contains unique or rare ecosystems and/or rare, endangered or endemic species.;

e) Natural significance:

An object is highly characteristic of ecological systems, types of populations or habitats, or other natural characteristics.;

(f) Biological diversity:

An object has a high degree of diversity of species, communities, habitats, or ecosystems.;

g) Controlled anthropogenic stress factors:

Preference is given to facilities with a low level of anthropogenic stress factors.;

h) Managed natural stressors:

Preference is given to objects with a low level of natural stress factors.;

i) Availability and sufficiency of source data:

There is a minimal lack of information about the object and there is a certain amount of reliable source data.;

(j) Cultural significance:

The site has a characteristic value from the point of view of cultural heritage due to the existence of environmentally sound traditional activities integrated with nature that support the well-being of the local population.;

k) Scientific, educational and aesthetic value:

The object has scientific, educational, or aesthetic value, and there is no immediate threat of diminishing its scientific, educational, or aesthetic value.;

(l) Civil society participation:

The population, especially local communities, is involved and actively participates in the planning and management of the protected area.

B. Criteria for inclusion in the ORCM List

The Contracting Parties agree to take the following measures for planning the development and management of the areas proposed to be included in the List of CCMs:

(a) Provide the necessary baseline data, including environmental, socio-economic and cultural aspects, and a plan to fill identified information gaps;

(b) The presentation of clearly defined short- and long-term objectives within the framework of the Environmental and Management Action Plan;

(c) Providing relevant information on the competent authority(s) and the forms of participation of the various stakeholders;

d)implementation of measures, including EIA, to prevent pollution, control and reduce the impact of all sources of pollution that may adversely affect the conservation status of species, communities, ecosystems or habitats, or the cultural and aesthetic value of the area proposed to be included in the ORCM List;

(e) Full-scale cooperation in the implementation of the provisions of this Protocol, primarily in connection with the introduction or reintroduction of any species;

(f) The district must have a management plan in place to be included in the ORCM List. The basic rules of such a management plan should be formulated at the time of listing the area, and their application should begin immediately thereafter. A detailed management plan must be submitted within three years from the date of listing. Failure to comply with this obligation may cause the object to be removed from the List.;

(g) The texts of the regulations governing each district should clearly define the authority and responsibility for the administration and implementation of environmental protection measures in the areas proposed for inclusion in the list of CCMs;

h) In order to be included in the List of protected Areas, a protected area must have a governing body with sufficient authority, as well as the means and human resources to prevent and/or control activities that may run counter to the objectives of the creation of this protected area.;

i) In order to be included in the ORCM List, the area must have a monitoring program. The program should include the identification and monitoring of a certain number of essential parameters of the area, which would allow for an assessment of the conditions and evolution of the area, as well as the effectiveness of applied environmental and management measures, for their appropriate adaptation as necessary. Since the date of inclusion of the area in the List of the ORCM, monitoring reports are regularly submitted.

C. Implementation of protection, planning and management measures

1. The objectives of protection and management should be clearly defined in the documents related to each facility and be the basis for assessing the adequacy of the measures taken and the effectiveness of their implementation during the revision of the List of CCMs.

2. The protection, planning and management measures applicable to each area should be sufficient to achieve the objectives for the protection of its nature and management, which are defined in the management plan for this facility in the short and long term, and should, in particular, take into account the factors that pose a threat to it.

3. Protection, planning and management measures should be based on appropriate knowledge of the elements of the natural environment, as well as socio-economic and cultural factors characterizing each area. If there is a lack of basic knowledge, the area approved for inclusion in the ORCM List should actively initiate the collection of missing data and information.

4. With regard to the distinctive characteristics of each protected object, environmental protection measures for ORCM should take into account the following main aspects::

(a) Stricter regulations governing the dumping of waste and other materials that may directly or indirectly damage the integrity of the area;

(b) Stricter regulations governing the introduction or reintroduction of any species of flora and fauna into the area;

(c) Regulation of any activity or actions that may harm or disrupt the balance of species, or endanger the conservation status of ecosystems or species, or damage the natural, cultural or aesthetic characteristics of the area;

(d) Regulation of the zones surrounding the area.

5. In accordance with this Protocol, regular reports on monitoring and assessing the condition of the facility should be submitted and appropriate amendments should be made to the management plan.

6. Non-compliance with these criteria may lead to exclusion from the List of CCMs.

President

Republic of Kazakhstan

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