On the ratification of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea

Home / RLA / On the ratification of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The Law of the Republic of Kazakhstan dated December 13, 2005 No. 97

To ratify the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Tehran on November 4, 2003.

President of the Republic of Kazakhstan

Appendix 2

FRAMEWORK CONVENTION <*> FOR THE PROTECTION OF THE MARINE ENVIRONMENT OF THE CASPIAN SEA

(Entered into force on August 12, 2006 - Bulletin of International Treaties of the Republic of Kazakhstan, 2006, No. 6, Article 44)

Caspian Littoral States, Republic of Azerbaijan, Islamic Republic of Iran, Republic of Kazakhstan, Russian Federation, Turkmenistan,

hereinafter referred to as the Contracting Parties,

Noting the deterioration of the marine environment of the Caspian Sea due to its pollution from various sources resulting from anthropogenic activities, including discharges, releases and disposal of hazardous, harmful and other pollutants and wastes from sources located at sea and on land; Determined to preserve the biological resources of the Caspian Sea for present and future generations; Recognizing the need to ensure that activities on land do not harm the marine environment of the Caspian Sea; Aware of the threat to the marine environment of the Caspian Sea and to its unique hydrographic and ecological characteristics associated with the problem of sea level fluctuations; Reaffirming the importance of protecting the marine environment of the Caspian Sea; Recognizing the importance of the cooperation of the Contracting Parties among themselves and with relevant international organizations in order to protect and preserve the marine environment of the Caspian Sea;

WE have AGREED on the following:

I. GENERAL PROVISIONS

Article 1. Use of terms

For the purposes of this Convention, the following means: "Action Plan" - an action plan for the protection and sustainable development of the marine environment of the Caspian Sea; "Dumping" - the deliberate disposal into the marine environment of waste or other materials from ships, aircraft, platforms or other artificially constructed structures in the Caspian Sea or the deliberate burial of ships, aircraft, platforms or other artificially constructed structures in the Caspian Sea; "Dangerous substance" means a substance that is toxic, carcinogenic, mutagenic, teratogenic or bioaccumulative, especially if it is persistent; "National Authority" means an authority designated by each Contracting Party that coordinates actions in that Contracting Party to implement this Convention and its Protocols.; "Pollution" is the direct or indirect human introduction of substances or energy into the marine environment that leads or may lead to such harmful consequences as harm to biological resources and marine organisms, a threat to human health and interference with the legitimate uses of the Caspian Sea.; "Pollution from land-based sources" means pollution of the sea from all types of point and dispersed sources located on land, introduced into it by water or air, either directly from the coast, or as a result of any removal of pollutants from land through a tunnel, pipeline, or other means.; "Environmental emergency" - a situation in which damage is caused or which carries an imminent threat of pollution or other harm to the marine environment of the Caspian Sea and which is the result of a natural disaster or an accident resulting from anthropogenic activities; "Industrial accident" - an event resulting from uncontrolled changes in the course of any activity related to hazardous and harmful substances in an industrial facility, for example, during the production, use, storage, movement or disposal, or during transportation of such substances; "Vessel" - vessels of any type operated in the marine environment, including hydrofoils, hovercrafts, underwater vessels, towed and self-propelled floating vehicles, as well as platforms and other artificially constructed structures at sea; "Invasive alien species" - alien species, the appearance and spread of which It may cause economic or environmental damage to the ecosystem or biological resources of the Caspian Sea.

Article 2. Purpose

The purpose of this Convention is to protect the marine environment of the Caspian Sea from pollution, including the protection, conservation, restoration, sustainable and rational use of its biological resources.

Article 3. Scope of application

This Convention applies to the marine environment of the Caspian Sea, taking into account fluctuations in its level and pollution from land-based sources.

II. GENERAL OBLIGATIONS

Article 4. General obligations

The Contracting Parties: (a) independently or jointly take all necessary measures to prevent, reduce and control pollution of the Caspian Sea; (b) independently or jointly take all necessary measures to protect, preserve and restore the marine environment of the Caspian Sea; (c) use the resources of the Caspian Sea in such a way as not to harm its marine environment. (d) cooperate with each other and with competent international organizations to achieve the objective of this Convention.

Article 5. Principles

In their actions to achieve the purpose of this Convention and comply with its provisions, the Contracting Parties shall be guided, inter alia: (a) the precautionary principle, according to which, when there is a threat of serious or irreversible damage to the marine environment of the Caspian Sea, references to a lack of complete scientific certainty are not used as a reason for postponing cost-effective measures to prevent such damage.; (b) the "polluter pays" principle, according to which the polluter bears the costs of implementing measures to prevent, control and reduce pollution of the marine environment of the Caspian Sea; (c) the principle of accessibility of information on pollution of the marine environment of the Caspian Sea, according to which the Contracting Parties provide each other with relevant information to the fullest extent possible.

Article 6. Obligation to cooperate

The Contracting Parties shall cooperate on a bilateral and multilateral basis in developing protocols prescribing additional measures, procedures and standards for the implementation of this Convention.

III. POLLUTION PREVENTION, REDUCTION AND CONTROL

Article 7. Pollution from land-based sources

1. The Contracting Parties shall take measures to prevent, reduce and control pollution of the Caspian Sea from land-based sources. 2. The Contracting Parties shall cooperate in the development of protocols to this Convention prescribing additional measures for the prevention, reduction and control of pollution of the Caspian Sea from land-based sources. Such protocols may include, but are not limited to, the following measures: (a) the use of low-waste and non-waste technologies to prevent, reduce and control pollutant emissions; (b) licensing of wastewater discharges by the national authorities of the Contracting Parties for the prevention, reduction and control of pollution from land-based sources; (c) introduction of environmentally sound technology in licensing wastewater discharges; (d) establishment of stricter requirements than those provided for in subparagraphs (b) and (c) of this paragraph, which are determined by additional protocols to this Convention, in cases where it is required by the state of the waters or the ecosystem of the Caspian Sea.; (e) the application, including, where necessary, in stages, of various types of urban wastewater treatment; (f) the use of the best existing technologies to reduce the influx of organic substances from municipal and industrial sources; (g) the use of the best existing methods to reduce the influx of hazardous substances, including organic, from dispersed sources, in including those available in agriculture; (h) Conservation and complete elimination of onshore sources of pollution that continue to have a negative impact on the marine environment of the Caspian Sea. 3. If the entry of pollutants from a watercourse flowing through the territories of two or more Contracting Parties or forming a border between them may cause pollution of the Caspian Sea, the Contracting Parties shall cooperate in taking all necessary measures to prevent, reduce and control such pollution, including, if appropriate, the establishment of joint bodies responsible for identifying and addressing potential pollution problems. pollution.

Article 8. Pollution caused by activities on the seabed

The Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the Caspian Sea as a result of activities on its seabed. To this end, they shall encourage cooperation in the elaboration of protocols to this Convention.

Article 9. Pollution from ships

The Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the Caspian Sea from ships and, to this end, shall cooperate in developing protocols to this Convention prescribing agreed measures, procedures and standards that take into account relevant international requirements.

Article 10. Pollution caused by dumping

1. The Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the Caspian Sea caused by dumping from ships flying their flags and from aircraft registered in their territories. 2. The Contracting Parties shall cooperate in the development of protocols to this Convention prescribing agreed measures, procedures and standards to achieve this result. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply when a ship or aircraft at sea is in danger of total destruction or total loss, or in any case when there is a threat to human life and marine organisms, if dumping appears to be the only way to prevent such a threat, and if there is every reason to believe that the damage, the damage caused by the reset will be less than what would have been caused otherwise. Such dumping is carried out in such a way as to minimize the possible threat to human and marine life or to interfere with the legitimate use of the sea in accordance with applicable international, including regional, legal instruments. The Contracting Parties shall be notified of the discharge.

Article 11. Pollution caused by other activities

1. The Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the Caspian Sea caused by activities not mentioned in Articles 7-10, including land reclamation and related excavation and dam construction. 2. The Contracting Parties shall take all necessary measures to reduce the possible negative impact of anthropogenic activities aimed at mitigating the effects of sea level fluctuations on the ecosystem of the Caspian Sea.

Article 12. Prevention, control and control of the introduction of invasive alien species

The Contracting Parties shall take all necessary measures to prevent, control and combat the introduction of invasive alien species into the Caspian Sea.

Article 13. Environmental emergencies

1. The Contracting Parties shall take all necessary measures and cooperate in order to protect people and the marine environment from the consequences of natural disasters or accidents resulting from anthropogenic activities. To this end, prevention, preparedness and response measures are being taken, including recovery measures. 2. In order to take preventive and preparedness measures, the Contracting Party in whose territory such a situation may occur shall identify, within its jurisdiction, hazardous activities that may cause environmental emergencies and ensure that the other Contracting Parties are notified of any such planned or ongoing activities. The Contracting Parties agree to assess the impact of hazardous activities on the marine environment and implement risk mitigation measures. 3. The Contracting Parties shall cooperate in the creation of early warning systems for industrial accidents and environmental emergencies. In the event of an environmental emergency or imminent threat, the Contracting Party in whose territory such a situation has developed shall, without delay, provide notification at the appropriate level to those Contracting Parties that may be exposed to such an impact. 4. The Contracting Parties shall take all necessary measures to ensure and maintain adequate preparedness for environmental emergencies, including the availability of appropriate equipment and qualified personnel used to take such measures in the event of environmental emergencies.

IV. PROTECTION, CONSERVATION AND RESTORATION OF THE MARINE ENVIRONMENT

Article 14. Protection, conservation, restoration and rational use of biological resources

1. The Contracting Parties shall pay special attention to the protection, conservation, restoration, and rational use of the biological resources of the Caspian Sea, and shall take all necessary measures based on the best available scientific data to: (a) develop and enhance the potential of biological resources in order to preserve and restore ecological balance while meeting human nutritional needs and achieving social and economic goals; (b) maintaining or restoring populations of marine species at levels that allow for the most sustainable production, determined by appropriate environmental and economic factors and taking into account the relationship between species; (c) ensuring conditions under which biological species are not in danger of extinction due to overexploitation; (d) to promote the development and application of selective fishing methods and techniques that minimize losses from fishing of commercial species and by-catch of non-commercial species; (e) protection, conservation and restoration of endemic, rare and endangered biological species; (f) conservation of biodiversity and habitats of rare and endangered species, as well as vulnerable ecosystems. 2. The Contracting Parties shall cooperate in the development of protocols to this Convention for the implementation of necessary measures for the protection, conservation and restoration of biological resources.

Article 15. Management of land affected by the proximity of the sea

The Contracting Parties shall endeavour to take the necessary measures to develop and implement national strategies and plans for the planning and management of land affected by the proximity of the sea.

Article 16. Fluctuations of the Caspian Sea level

The Contracting Parties shall cooperate in developing protocols to this Convention prescribing the conduct of necessary scientific research and, as far as possible, the adoption of agreed measures and procedures to mitigate the effects of fluctuations in the level of the Caspian Sea.

V. PROCEDURES

Article 17. Assessment of the impact on the marine environment of the Caspian Sea

1. Each Contracting Party shall take all necessary measures to apply environmental impact assessment procedures for any planned activity that may have a significant negative impact on the marine environment of the Caspian Sea. 2. Each Contracting Party shall take all necessary measures to disseminate to the other Contracting Parties the results of the environmental impact assessment carried out in accordance with paragraph 1 of this Article. 3. The Contracting Parties shall cooperate in the development of protocols to this Convention establishing procedures for assessing impacts on the marine environment of the Caspian Sea in a transboundary context.

Article 18. Cooperation between the Contracting Parties By the Parties

1. The Contracting Parties shall cooperate in the formulation, development and harmonization of rules, standards, recommended methods and procedures consistent with the provisions of this Convention, taking into account the requirements generally accepted in world practice aimed at preventing, reducing and controlling pollution of the marine environment of the Caspian Sea, as well as its protection, conservation and restoration. 2. The Contracting Parties shall cooperate in drawing up an Action Plan for the Protection of the Marine Environment of the Caspian Sea in order to prevent, reduce and control pollution of the marine environment of the Caspian Sea, as well as for its protection, conservation and restoration. 3. In pursuance of their obligations set out in paragraphs 1 and 2 of this Article, the Contracting Parties, in particular, shall independently or jointly work on: (a) collecting, accumulating and evaluating data in order to identify sources causing or capable of causing pollution of the Caspian Sea and exchange relevant information with other Contracting Parties; (b) collecting, accumulating and evaluating data in order to identify sources causing or capable of causing pollution of the Caspian Sea;) Development of water quality and quantity monitoring programmes; (c) development of environmental emergency response plans; (d) development of standards for discharges, emissions and waste disposal, as well as evaluation of the effectiveness of control programs; (e) development of standards and criteria for determining water quality, proposing necessary measures to maintain and, where necessary, improve existing water quality; (f) development of harmonized action programs to reduce pollution loads from municipal and industrial point-based and dispersed sources, including agricultural, urban, and other effluents.

Article 19. Monitoring

1. The Contracting Parties shall make efforts to establish and implement appropriate independent and/or joint programs for monitoring the state of the marine environment of the Caspian Sea. 2. The Contracting Parties will agree on the list and parameters of pollutants whose emissions and concentrations in the Caspian Sea are monitored. 3. The Contracting Parties regularly independently and/or jointly assess the state of the marine environment of the Caspian Sea and the effectiveness of measures taken to prevent, reduce and control pollution of the marine environment of the Caspian Sea. 4. The Contracting Parties shall make efforts to harmonize the rules for the preparation and application of monitoring programs, measurement systems, analysis methods, data processing methods and data quality assessment. 5. The Contracting Parties will develop a centralized database, which is the basis for decision-making and a common source of information and education for specialists, administrators and the public.

Article 20. Scientific research and development

The Contracting Parties shall cooperate in the field of scientific research and the development of effective methods for the prevention, reduction and control of marine pollution of the Caspian Sea, for which the Contracting Parties shall make efforts to develop or intensify, as appropriate, special scientific programs aimed in particular at: (a) developing methods for assessing the toxicity of harmful substances and studying the process of their impact on the ecosystem of the Caspian Sea; (b) development and application of the best available technologies; (c) Decommissioning and/or replacement of substances capable of causing pollution; (d) development of environmentally sound or safe methods for the disposal of hazardous substances; (e) development of environmentally sound or safe methods for drainage and flow control; (f) assessment of damage caused by pollution; (g) improvement knowledge of the hydrological regime and dynamics of the Caspian Sea ecosystem, including sea level fluctuations and the impact of such fluctuations on marine and coastal ecosystems; (h) Study of radiation and radioactivity levels in the Caspian Sea.

Article 21. Exchange of information and access to it

1. The Contracting Parties, directly or through the Secretariat, shall exchange information on a regular basis in accordance with the provisions of this Convention. 2. The Contracting Parties shall strive to ensure public access to information on the state of the marine environment of the Caspian Sea, measures taken or planned to prevent, reduce and control pollution in accordance with their legislation, and taking into account the provisions of international agreements on public access to information on the marine environment.

VI. ORGANIZATIONAL STRUCTURES

Article 22. Conference of the Contracting Parties

1. A Conference of the Contracting Parties is hereby established. 2. The Conference of the Contracting Parties shall consist of one representative from each Contracting Party having one vote. Each representative may have one or more advisors. 3. The first session of the Conference of the Contracting Parties shall be convened no later than twelve months after the date of entry into force of this Convention. Subsequently, sessions of the Conference of the Contracting Parties shall be held on a regular basis with the frequency established during the first session of the Conference of the Contracting Parties. 4. Extraordinary sessions of the Conference of the Contracting Parties shall be held when it is necessary by decision of the Conference of the Contracting Parties or at the written request of any of the Contracting Parties, provided that this requirement is supported by at least two other Contracting Parties. 5. Sessions of the Conference of the Contracting Parties shall be held in turn in the order of the English alphabet in the territories of the Contracting Parties or at the location of the Secretariat. 6. The office of the Chairman of the Conference of the Contracting Parties is performed by each Contracting Party in turn, in the order of the English alphabet. If the office of President becomes vacant, the Contracting Party presiding over the Conference shall appoint a successor who will remain in office until the expiration of the term of office of such Contracting Party. 7. The working languages of the Conference of the Contracting Parties shall be English and the official languages of the Contracting Parties. The secretariat of this Convention ensures the work of the Convention's bodies in the official languages of the United Nations. 8. All decisions of the Conference of the Contracting Parties are taken unanimously. 9. The Conference of the Contracting Parties, at its first session, will take decisions on: (a) the establishment of such other Convention bodies as may be necessary; (b) the organization of the Secretariat of this Convention, including its location and recruitment of staff; (c) the rules of procedure and financial rules of the Secretariat and its subsidiary bodies. 10. The functions of the Conference of the Contracting Parties are: (a) to monitor the implementation of the provisions of this Convention, its Protocols and the Plan of Action; (b) to regularly review this Convention and its Protocols; (c) to consider and adopt additional protocols or amendments to this Convention or its Protocols, and, if necessary, to adopt annexes to this Convention and its Protocols, as well as amendments to such annexes; (d) receiving and reviewing reports submitted by the Contracting Parties, as well as compiling a review and assessment of the state of the marine environment of the Caspian Sea, in particular the state of pollution and its effects, based on reports submitted by the Contracting Parties and any competent international organizations; (e) reviewing reports prepared by the Secretariat on issues related to this Convention; (f) to seek, as appropriate, technical and financial services from relevant international organizations and scientific institutions in order to achieve the objectives of this Convention; (g) to establish such subsidiary bodies as may be necessary for the implementation of this Convention and its Protocols; (h) to appoint the Executive Secretary of this Convention and other necessary personnel, as appropriate as required, taking into account the equal representation of the Contracting Parties; (i) performing any other functions that may be necessary to achieve the objectives of this Convention.

Article 23. Convention Secretariat

1. The Convention Secretariat is hereby established. 2. The Secretariat consists of the Executive Secretary of the Convention and the staff required to perform the following functions. 3. The Executive Secretary shall be the chief administrative officer of the Secretariat of this Convention and shall perform the functions necessary to manage the work of the Secretariat of this Convention as determined by the Conference of the Parties in accordance with the rules of procedure and financial rules adopted by it. 4. The functions of the Secretariat are: (a) organizing and holding sessions of the Conference of the Parties and meetings of its subsidiary bodies; (b) preparing and transmitting reports, notifications and other information received to the Contracting Parties; (c) reviewing information and requests received from the Contracting Parties and consulting with them on issues related to the implementation of this Convention. The Convention and its Protocols; (d) preparation and dissemination of reports on matters related to the implementation of this Convention and its Protocols; (e) creating and maintaining a database and informing about the laws of the Contracting Parties and acts of international law related to the protection of the marine environment of the Caspian Sea; (f) organizing, at the request of any Contracting Party, technical assistance and consultations for the effective implementation of this Convention and its Protocols; (g) performing other functions that may be established in accordance with the Protocols to this Convention; (h) cooperate appropriately with regional and international organizations and programmes; (i) performing such other functions as may be determined by the Conference of the Parties to implement the provisions of this Convention.

VII. PROTOCOLS AND APPLICATIONS

Article 24. Adoption of protocols

1. Any Contracting Party may submit proposals for the adoption of Protocols to this Convention. Such protocols shall be adopted by a unanimous decision of the Conference of the Parties. The Protocols shall enter into force after their ratification, acceptance or approval by the Contracting Parties in accordance with their legislation, unless otherwise provided by the Protocols themselves. The Protocols form an integral part of this Convention. 2. The text of any proposed protocol shall be transmitted to the Contracting Parties by the Secretariat at least six months before the opening of the session of the Conference of the Parties at which the adoption of the protocol is proposed.

Article 25. Adoption of Annexes and amendments

1. The annexes to this Convention or to any Protocol thereto are an integral part of this Convention or its Protocol. Unless expressly provided otherwise, a reference to this Convention or its Protocols constitutes at the same time a reference to any annexes thereto. Such applications are limited to procedural, scientific, technical, and administrative matters. 2. Annexes to this Convention or to any protocol thereto shall be proposed and adopted in accordance with the procedure set out in Article 24 of this Convention. 3. The proposal, adoption and entry into force of amendments to annexes to this Convention or to any protocol thereto shall be governed by the procedure established for the proposal, adoption and entry into force of annexes to this Convention or annexes to any protocol thereto. 4. If an annex to this Convention or an amendment to an annex involves an amendment to this Convention or any protocol thereto, such annex or amendment shall enter into force only after the entry into force of the amendment to this Convention or the relevant protocol thereto.

VIII. IMPLEMENTATION AND COMPLIANCE

Article 26. Implementation of the Convention

1. Each Contracting Party shall designate a national authority to coordinate the implementation of the provisions of this Convention in its territory and under its jurisdiction. 2. The provisions of this Convention do not affect the right of the Contracting Parties to independently and/or jointly adopt and implement stricter measures than those established in this Convention.

Article 27. Reports

Each national authority shall submit to the Secretariat of this Convention reports on measures taken to implement the provisions of the Convention and the Protocols and annexes thereto in such form and at such intervals as may be determined by the Conference of the Parties. The secretariat of this Convention shall transmit the reports received to all Contracting Parties.

Article 28. Compliance

The Contracting Parties shall cooperate in developing procedures to ensure that each Contracting Party complies with the provisions of this Convention or its Protocols.

Article 29. Financial liability and compensation for damage

The Contracting Parties, taking into account the relevant principles and norms of international law, shall make efforts to develop rules and procedures concerning liability and compensation for damage caused to the marine environment of the Caspian Sea as a result of violations of the provisions of this Convention and its Protocols.

Article 30. Dispute resolution

Disputes between the Contracting Parties concerning the application or interpretation of this Convention shall be settled through consultations, negotiations or other peaceful means at the discretion of the Contracting Parties.

IX. FINAL ARTICLES

Article 31. Signature, ratification, acceptance, approval and accession

1. This Convention is open for signature only by the Caspian littoral States in the city of Tehran from November 4, 2003 to November 3, 2004. 2. The Convention is subject to ratification, acceptance or approval by the Caspian littoral States. It will be open for accession by any Caspian littoral State starting from the date of its closure for signature. 3. The instruments of ratification, acceptance, approval or accession thereto shall be deposited with the Depositary.

Article 32. Reservations

No reservations to this Convention are permitted.

Article 33. Entry into force

This Convention shall enter into force on the ninetieth day after the deposit of the instruments of its ratification, acceptance, approval or accession by all the Caspian littoral States.

Article 34. Amendments to the Convention or Protocols

1. Any Contracting Party may propose amendments to this Convention or to any protocol. Such amendments shall be adopted by unanimous decision at a session of the Conference of the Parties. 2. Amendments to this Convention or to any protocol thereto shall enter into force in accordance with the procedure provided for the entry into force of this Convention.

Article 35. The Depository

The Islamic Republic of Iran is the Depositary of this Convention.

Article 36. Authentic texts

This Convention, of which the Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English texts are equally authentic, shall be deposited with the Depositary. In case of disputes concerning the interpretation or application of this Convention or its Protocols, the English text shall prevail.

Article 37. Attitude to the negotiations on the legal status of the Caspian Sea

No provisions of this Convention shall be 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 Convention.

DONE IN THE CITY OF TEHRAN, ON THE FOURTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND THREE

For the Republic of Azerbaijan

For the Islamic Republic of Iran

For the Republic of Kazakhstan

For the Russian Federation

For Turkmenistan

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases