On the Ratification of the Protocol on the Protection of the Caspian Sea from Pollution from Land-based Sources and Activities to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea

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On the Ratification of the Protocol on the Protection of the Caspian Sea from Pollution from Land-based Sources and Activities to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The Law of the Republic of Kazakhstan dated November 1, 2021 No. 71-VII SAM

To ratify the Protocol on the Protection of the Caspian Sea from Pollution from Land-based Sources and Activities to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Moscow on December 12, 2012.

President

Republic of Kazakhstan

K. TOKAEV

Note. The text of the international Protocol attached to the normative legal act is not official. An officially certified copy of the international Protocol of the Republic of Kazakhstan in the languages of the conclusion can be obtained from the Ministry of Foreign Affairs of the Republic of Kazakhstan, responsible for registration, accounting and storage of the international Protocols of the Republic of Kazakhstan Unofficial translation

In the name of Allah

I hereby certify that the attached text (in Kazakh, Azerbaijani, Farsi, Russian, Turkmen and English) is a true copy of the Protocol on the Protection of the Caspian Sea from Pollution from Land-based Sources and Activities to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Moscow on December 12, 2012..

The original of the said Protocol has been deposited with the Ministry of Foreign Affairs of the Islamic Republic of Iran.

This document contains 160 pages stitched and sealed.

Behzad Saberi Ansari

General manager

on international legal issues

Ministry of Foreign Affairs

The Islamic Republic of Iran

June 8, 2021

PROTOCOL ON THE PROTECTION OF THE CASPIAN SEA FROM POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES 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 Parties to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed on November 4, 2003 in Tehran, the Islamic Republic of Iran, hereinafter referred to as the Convention,

Determined to implement the Convention, and in particular its articles 7 and 11, paragraph 1,

Taking into account the Strategic Action Program of the Convention for the Caspian Sea, adopted on November 12, 2008 in Tehran, the Islamic Republic of Iran,

Recognizing the uniqueness of the ecological and hydrological characteristics of the Caspian Sea as the largest inland body of water on the planet,

Desiring to ensure the protection and preservation of the marine environment and coastal areas and the sustainable use of the natural resources of the Caspian Sea as integral components of the development process, while meeting the needs of present and future generations on an equitable basis,

Aware of the serious threat posed to the marine environment and coastal areas, biological resources and human health by pollution from land-based sources and activities,

Taking note in particular of the environmental problems caused by fluctuations in sea level,

Noting the importance for the Caspian Littoral States of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, adopted in Washington, D.C., on November 3, 1995,

WE have AGREED on the following:

Article 1. Purpose of the Protocol

The purpose of this Protocol is to prevent, reduce, control and eliminate marine pollution from land-based sources and activities to the maximum extent possible in order to achieve and maintain an ecologically healthy marine environment of the Caspian Sea.

Article 2. Use of terms

For the purposes of this Protocol:

(a) "Conference of the Contracting Parties" means the body referred to in Article 22 of the Convention;

(b) "Secretariat" means the body referred to in article 23 of the Convention;

(c) "Best available technology (BAT)" means the most up-to-date (advanced) technologies, equipment or practices that reflect the practicality of specific measures to control emissions and waste. "Technologies" include the actual technologies used, as well as the ways and methods by which a production facility is designed, built, maintained, operated, and dismantled.;

(d) "Best environmental practice (NPP)" means using the most appropriate combination of environmental management measures and strategies;

(e) "Coastal area" means a strip of land bordering a coastline and affected by proximity to the sea and fluctuations in sea level;

(f) "Hotspot" means a limited and identifiable land area, surface water area, or specific aquifer that is subject to excessive pollution and requires priority attention in order to prevent or reduce actual or potential adverse effects on human health, ecosystems, or natural resources, as well as economic benefits.;

(g) "Pollution from land-based sources" means pollution of the sea from all types of point and dispersed sources located on land, which enters the marine environment by waterway, through the atmosphere or directly from the shore;

(h) "Point sources" means sources of pollution located on land, whose emissions enter the environment through various distinguishable, limited and isolated transportation facilities, including, in particular, pipes, water outlets, channels, ditches, tunnels, pipelines or wells from which pollutants are or may be released;

(i) "Dispersed sources" means sources of pollution located on land, other than point sources, from which substances enter the environment with surface runoff, precipitation, atmospheric deposition, as a result of drainage, seepage or hydrological changes, or habitat destruction;

(j) "Emissions" means any type of discharge, discharge or release of pollutants into water, atmosphere or soil;

(k) "Emission control" means regulatory measures that require specific emission control, such as setting limits or other restrictions or conditions on impacts, the nature or other characteristics of emissions, or operating conditions that affect emissions;

(1) "Emission limits" means the mass expressed in specific parameters, concentrations or levels of emissions that cannot be exceeded for one or more time periods. Limit values for emissions of substances are usually applied for the point of release of emissions from the installation, excluding dilution;

m) "Environmental Quality Standard (ECS)" means the concentration level of a certain substance or group of substances in water, sediments or biota, which should not be exceeded in order to protect human health and the environment;

(n) "Environmental Quality Target (EQF)" means a task that defines a desired target level of environmental quality to be achieved for a particular environmental component, such as a river, beach, or industrial facility.

Article 3. Scope of application

In accordance with article 3 of the Convention and in accordance with article 1 of this Protocol, this Protocol applies to:

a) emissions of pollutants from terrestrial point and dispersed sources that have or may have a negative impact on the marine environment and/or coastal areas of the Caspian Sea. These emissions include those that enter the marine environment, including brackish waters, marshes and coastal lagoons, through, but not limited to, estuaries, channels or other watercourses, groundwater, coastal waste disposal sites and water outlets, including those laid from land and located under the seabed, and through the surface stock;

(b) Pollutants transported through the atmosphere into the marine environment of the Caspian Sea from land-based sources under the conditions defined in Annex III to this Protocol; and

(c) Pollution resulting from activities that affect the marine environment and/or coastal areas of the Caspian Sea, including pollution resulting from physical alterations to the natural state of the coastline, alterations and destruction of the landscape or habitats.

Article 4. General obligations

1. The Contracting Parties shall independently or jointly take all appropriate measures in accordance with the provisions of the Convention to prevent, control, reduce and eliminate as much as possible pollution and other adverse effects on the marine environment and coastal areas of the Caspian Sea from land-based sources and activities.

2. The Contracting Parties, in particular:

(a) Apply the precautionary principle, according to which, if there is a threat of serious or irreversible damage to the marine environment or public health, or lack of complete scientific certainty, they are not used as grounds for postponing cost-effective measures to prevent such damage.;

b) apply the "polluter pays" principle, according to which the costs of implementing measures to prevent, control and reduce pollution must be borne by the polluter;

(c) Promote bilateral and multilateral cooperation between the Contracting Parties with regard to environmental impact assessment of activities that may have a significant adverse impact on the marine environment and coastal areas of the Caspian Sea;

(d) Ensure that environmental factors, including aspects related to human health, are fully taken into account when developing appropriate plans and programmes;

(e) Take preventive measures to minimize the risk of pollution from industrial accidents and natural disasters by ensuring disaster preparedness and response;

(f) Take special measures to protect against pollution from land-based sources and activities that may be potentially harmful to the natural spawning grounds of sturgeon, Caspian salmon and other valuable species.;

(g) Promote the sustainable development of coastal areas through an integrated approach to coastal development;

(h) Seek, on the basis of mutual agreement, to cooperate in achieving the objectives of the Protocol with non-coastal States on whose territory part of the hydrological basin of the Caspian Sea is located.

Article 5. Measures for implementation

1. Each Contracting Party shall designate a national authority authorized to coordinate the implementation of this Protocol and provide relevant information to the other Contracting Parties through the Secretariat.

2. During the implementation of this Protocol, the Contracting Parties:

(a) Adopt regional or national programmes or action plans based on pollution source control measures and containing measures and, where appropriate, timetables for their implementation. When developing such programmes or plans, they should take into account the recommendations of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and the relevant provisions of the Strategic Action Programme for the Caspian Sea.;

(b) Ensure that the activities and substances listed in Annex I are covered through the progressive development, adoption and implementation:

(i) emission controls, including emission limits for relevant substances, environmental quality standards and environmental quality targets, as well as management practices based on the factors defined in Annex I; and

(ii) schedules for achieving the limits, implementing appropriate management practices, and implementing measures agreed upon by the Contracting Parties;

(c) Use or promote the use of BAT and NPP, as well as the application, access and transfer of environmentally sound technology, including cleaner production, taking into account the social, economic and technological conditions and criteria listed in Annex V to this Protocol.

Article 6. General guidelines and standards

1. In accordance with Article 18 of the Convention, the Contracting Parties shall gradually develop and adopt, if necessary in cooperation with competent international organizations, general guidelines and, as appropriate, standards or criteria concerning, in particular:

(a) The length, depth and location of pipelines for coastal outlets, taking into account, in particular, the methods used to clean up emissions;

(b) Special requirements for emissions requiring separate treatment;

(c) The quality of seawater necessary to protect human health, biological resources and ecosystems when used for specific purposes;

(d) Control and, if necessary, gradual substitution of products, facilities and industrial and other processes that cause significant pollution of the marine environment and coastal areas;

(e) Specific requirements regarding the amount of substances discharged (listed in Annex I to this Protocol), their concentration in emissions and their discharge methods.

2. The regional programmes and action plans referred to in subparagraph (a) of paragraph 2 of Article 5 of this Protocol shall be developed and implemented taking into account the following provisions:

a) The Contracting Parties shall establish and periodically review general emission limits, environmental quality standards or environmental quality targets, as well as schedules for the implementation of measures aimed at preventing, reducing or eliminating, as appropriate, pollution from land-based sources and activities for substances listed in Annex I to this Agreement. Protocol; and

(b) The Conference of the Contracting Parties determines criteria for the prevention of pollution and makes recommendations on appropriate measures to reduce, control and eliminate pollution of the marine environment of the Caspian Sea from land-based sources and activities and periodically updates them, reflecting an increase in information on the results of monitoring programs specified in Article 13 of this Protocol, changes in in industrial and other anthropogenic activities and possible progress in science and technology to combat pollution.

Article 7. Pollution from point sources

1. The Contracting Parties shall take measures to ensure that the regulation of emissions from point sources of pollution of substances listed in Annex I to this Protocol that have or are likely to have a negative impact on the marine environment or coastal areas of the Caspian Sea is based on the best available technologies, best environmental practices or appropriate emission limits.

2. The Contracting Parties shall adopt and implement national action plans with schedules for achieving significant reductions in pollutants from point sources based on a list of hot spots, which are approved and subsequently reviewed and updated every two years by the Conference of the Contracting Parties.

3. Emissions from point sources are permitted subject to authorization from the competent national authorities of the Contracting Parties or are subject to regulation by those authorities with due regard to the provisions of this Protocol, Annex IV thereto and relevant decisions and recommendations of the Conference of the Contracting Parties.

4. To this end, the Contracting Parties shall ensure the establishment of a system of regular inspection and supervision carried out by their competent national authorities to assess compliance with the requirements of permits issued and adopted regulations governing emissions into the environment. In case of non-compliance with the requirements of permits and regulations, the Contracting Parties shall impose appropriate sanctions and ensure their implementation.

Article 8. Pollution from dispersed sources

1. The Contracting Parties shall take measures to ensure that methods for regulating emissions from dispersed sources of pollution of substances listed in Annex I to this Protocol that affect or are likely to affect the marine environment and coastal areas of the Caspian Sea are based on BAT and NPP.

2. The Contracting Parties shall take all necessary measures to significantly reduce the pollution burden associated with agricultural activities that affect the marine environment or coastal areas of the Caspian Sea in order to ensure its compliance with the agreed environmental quality standards and environmental quality targets for substances listed in Annex I to this Protocol, in accordance with the criteria set out in Annex I to this Protocol. as defined in Annex II to this Protocol.

Article 9. Pollution caused by other types of activities

1. The Contracting Parties shall take measures to ensure that activities that have or may have a negative impact on the marine environment or coastal areas of the Caspian Sea and which are not covered by the provisions of Articles 7 and 8 of this Protocol are carried out on the basis of BAT and NPP.

2. The Contracting Parties shall take all appropriate measures to prevent, control, reduce and eliminate pollution of the marine environment and coastal areas as much as possible as a result of fluctuations in sea level. To this end, they are taking measures to protect oil and chemical industry installations, as well as oil-contaminated lands that may be at risk of flooding, and decommissioning obsolete onshore installations and storage facilities.

Article 10. An integrated approach to coastal development

1. The Contracting Parties individually and, where appropriate, jointly apply integrated coastal area development based, inter alia, on coastal area planning. They take and implement mitigation measures to reduce the negative impacts of natural hazards on the population and infrastructure of coastal areas, such as long-term fluctuations in sea level, surge events, storms, earthquakes and coastal erosion.

2. The Contracting Parties shall take all necessary measures to reduce and stop deforestation and land degradation in coastal areas, develop and implement national action plans and programmes aimed at reforestation and combating desertification.

Article 11. Cross-border impact

1. In cases where pollution from land-based sources and activities of any of the Contracting Parties may have an adverse impact on the coastal areas of another or several other Contracting Parties or on the marine environment of the Caspian Sea, the relevant Contracting Party shall inform the potentially affected Contracting Parties and consult with them in order to resolve the problem.

2. If discharge from a watercourse flowing through the territory of two or more Contracting Parties or forming a border between them causes or is likely to cause pollution of the marine environment of the Caspian Sea, the Contracting Parties involved shall cooperate to ensure the full application of this Protocol, including, where appropriate, by establishing joint bodies responsible for identifying and solving pollution-related problems.

3. A Contracting Party shall not be responsible for any pollution occurring on the territory of a State or States that are not Parties to this Protocol.

Article 12. Environmental impact assessment

1. Pursuant to Article 17 of the Convention, the Contracting Parties shall develop and adopt regional and relevant national guidelines for assessing the possible environmental impacts of onshore projects and activities, including possible transboundary impacts, and, where appropriate, review and update these guidelines.

2. Each Contracting Party shall introduce and apply environmental impact assessment procedures for any planned activity or project carried out onshore within its territory that may have a significant adverse impact on the marine environment or coastal areas of the Caspian Sea.

3. The types of activities and projects referred to in paragraph 2 of this Article shall be carried out with the prior written approval of the competent authorities of the Contracting Party, which fully takes into account the conclusions and recommendations of the environmental impact assessment.

Article 13. Collection, monitoring and evaluation of information and data

1. Within the framework of the provisions of Article 19 of the Convention and the monitoring programmes provided for therein, and, if necessary, in cooperation with competent international organizations, the Contracting Parties, as far as possible:

a) collect data and information, prepare and maintain a database on the state of the marine environment and coastal areas of the Caspian Sea regarding its physical, biological and chemical characteristics;

(b) Collect data and information, prepare and maintain a database on land-based sources of substances listed in Annex I to this Protocol, including information on the distribution of sources and the amount of such substances introduced into the marine environment and coastal areas of the Caspian Sea;

c) regularly conducted (at least once every five years) regional assessment of the state of the marine environment and coastal areas of the Caspian Sea;

(d) Systematically assess pollution levels along their coastline, especially in relation to the activities and substances listed in Annex I to this Protocol, and periodically provide information on this issue to the Secretariat.

2. The Contracting Parties shall cooperate in the preparation of components of a regional monitoring program and compatible national monitoring programs providing for analytical quality control, as well as in order to facilitate the storage, extraction and exchange of data.

3. The information referred to in paragraph 1 of this Article shall be provided to the other Contracting Parties through the Secretariat.

Article 14. Exchange of information

In accordance with Article 21 of the Convention, the Contracting Parties, directly or through the Secretariat, regularly exchange available data and information on the state of the marine environment and coastal areas and the implementation of this Protocol. The Contracting Parties shall establish systems and networks for the exchange of information.

Article 15. Public participation

1. The Contracting Parties, in accordance with Article 21 of the Convention and their national legislation, shall promote the participation of local authorities and the public in activities necessary to protect the marine environment and coastal areas of the Caspian Sea from pollution from land-based sources and activities, including environmental impact assessment, and in decision-making processes. related to the implementation of this Protocol.

2. Each Contracting Party, in accordance with Article 21 of the Convention and its national legislation, facilitates public access to information on the state of the marine environment and coastal areas of the Caspian Sea, on measures taken or planned to prevent, control and reduce pollution, taking into account the provisions of existing international agreements on public access to environmental information to which they are Parties.

Article 16. Cooperation and assistance

1. The Contracting Parties shall cooperate on a regional basis through the Secretariat or, where appropriate, on a bilateral basis in order to prevent, control, reduce and eliminate as much as possible pollution of the marine environment and coastal areas of the Caspian Sea from land-based sources and activities.

2. In accordance with article 20 of the Convention, the Parties shall promote scientific and technical cooperation on issues of pollution from land-based sources and activities, in particular, on the study of the qualitative and quantitative composition of pollution, ways of spreading pollutants, their transformation and impact on the environment, as well as the development of new methods and methods to prevent, reduce and the elimination of pollution, including the development and application of more environmentally friendly production processes for these purposes.

3. The Contracting Parties shall endeavour to cooperate both directly and through the Secretariat with those Contracting Parties that request assistance in the implementation of this Protocol, including when:

(a) The development of scientific, technical, educational and public awareness programmes, as well as the training of scientific, technical and administrative personnel;

(b) Providing technical advice, information and other assistance.

4. The Contracting Parties shall cooperate with international organizations, programmes and bodies of international agreements related to the prevention, reduction and control of pollution of the marine environment and coastal areas from land-based sources and activities.

Article 17. Presentation of reports

1. Each Contracting Party shall submit to the Secretariat reports on the measures taken to implement this Protocol in the format adopted by the Conference of the Contracting Parties. The Secretariat distributes the reports received to all Contracting Parties.

2. These reports contain, among other things:

(a) Information on regulatory measures, action plans, programmes and other steps taken to implement this Protocol, its annexes and recommendations adopted in connection with them;

(b) Data on the quantities of substances controlled in accordance with Annex I that are discharged into the Caspian Sea;

(d) Data and information obtained as a result of monitoring provided for in article 13 of this Protocol;

(e) Information on pollution resulting from activities that alter the coastline or have a negative impact on habitats within coastal areas;

1) information on the results achieved in the process of eliminating and controlling pollution from hot spots;

(g) Information on the progress in the implementation of action plans, programmes and measures adopted and implemented under this Protocol to prevent, control, reduce and maximize the elimination of pollution of the marine environment and coastal areas from land-based sources and activities, including information on results achieved and difficulties encountered in the implementation of this Protocol; if any arise.

3. With the assistance of the Secretariat, regional reports on the implementation of this Protocol and the state of the marine environment and coastal areas of the Caspian Sea are being prepared using the data and information contained in the national reports.

4. Nothing in this Protocol requires any Contracting Party to provide information, the disclosure of which is contrary to the interests of its national security.

Article 18. Compliance

1. In order to facilitate the implementation of this Protocol, the Contracting Parties shall develop procedures for compliance with this Protocol to be approved by the Conference of the Contracting Parties.

2. The Conference of the Contracting Parties:

(a) On the basis of the reports referred to in Article 17 and any other information provided by the Contracting Parties, review and evaluate reports on compliance with the Protocol, as well as decisions and recommendations adopted in connection with it.;

(b) Adopt decisions and provide measures, as appropriate, to ensure compliance with the Protocol and decisions taken in connection with it, and facilitate the implementation of recommendations made, including measures designed to facilitate the fulfillment by a Contracting Party of its obligations.

Article 19. 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) Consider and adopt amendments to this Protocol or its annexes, as well as any additional annexes;

(e) Consider reports submitted by the Secretariat on issues related to the implementation of this Protocol;

(f) Consider the results of the measures taken and the desirability of taking other measures, including those set out in the annexes;

(g) Adopt and, if necessary, review relevant regional programmes, action plans and measures in accordance with article 5 of this Protocol;

(h) Adopt and, where appropriate, revise regional guidelines, standards or criteria in accordance with article 6 of this Protocol;

(i) Adopt and, where appropriate, review information exchange procedures and promote the establishment of information systems and networks for information exchange in accordance with article 14 of this Protocol;

(j) Review and evaluate the information provided by the Contracting Parties in accordance with Articles 13, 14 and 17 of this Protocol;

j) reviews and evaluates compliance by the Contracting Parties with the provisions of this Protocol, decisions and recommendations adopted in connection with it, as provided for in Article 18 of this Protocol.;

1) adopt and review the list of hot spots and, if necessary, amend it, as provided for in Article 7 of this Protocol.;

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

(n) Establish any subsidiary bodies that may be deemed necessary for the implementation of this Protocol, in accordance with paragraphs 9 (a) and (c) of article 22 of the Convention.

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

(a) Prepare and make available to the Contracting Parties reports and research results that may be required for the implementation of this Protocol or that are requested by them;

(b) Transmit to the Contracting Parties the information submitted to the Secretariat in accordance with Article 13 of this Protocol.;

(c) Prepare draft regional programmes, action plans or measures for approval by the Conference of the Contracting Parties in accordance with Article 5 of this Protocol;

(d) Prepare draft regional guidelines, standards or criteria for approval by the Conference of the Contracting Parties in accordance with Article 6 of this Protocol.

Article 20. 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.

Article 21. 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 22. 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 Contracting Parties.

2. This Protocol is open for signature only by the Caspian littoral States in the city of Tehran from December 12, 2012 to June 12, 2013.

3. This Protocol is subject to ratification, acceptance or approval by the Caspian littoral States. 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 the instruments of its ratification, acceptance, approval or accession to the depositary by all the Caspian littoral States.

Article 23. 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 24. Impact of the Protocol on national legislation

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

Article 25. Relationship with other international agreements

Nothing in this Protocol shall prejudice the rights and obligations of the Contracting Parties under other international treaties to which they are parties.

Article 26. Reservations

No reservations to this Protocol are permitted.

Article 27. The Depository

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

Article 28. 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 29. 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 Moscow, on the twelfth day of December of the year two thousand and twelve.

ANNEX I

Controlled activities and categories of substances

This Annex lists the elements that the Contracting Parties shall take into account when preparing action plans, programmes and measures for the prevention, control, reduction and maximum possible elimination of pollution from land-based sources and activities referred to in Articles 5 and 6 of this Protocol.

Such action plans, programmes and measures aim to cover the activities listed in section A, as well as the categories of substances listed in section B, selected based on the characteristics listed in section C of this Annex. When preparing action plans, programmes and measures, the Contracting Parties may take into account the provisions of relevant international instruments.

The priority of actions should be determined by assessing the severity of impacts on marine and coastal ecosystems and resources, public health, and socio-economic benefits, including cultural values.

But. Types of activities

When setting priorities in action plans, programmes and measures for the prevention, control, reduction and maximum possible elimination of pollution from land-based sources, the Contracting Parties individually or jointly take into account the following activities, identified on the basis of their ability to pollute the marine environment and listed out of order of importance:

1. Agriculture and animal husbandry.

2. Industry:

• aquaculture;

• Electronic industry;

• Electricity generation;

• Fertilizer production;

• Food industry;

• Forestry;

• Nuclear industry;

• Metallurgical industry;

• Mining;

• Oil and gas related activities;

• Paper and pulp and paper industry;

• Pharmaceutical industry;

• production of building materials;

• production and development of biocides;

• Recycling of waste;

• shipbuilding and ship repair;

• Leather industry;

• Textile industry.

3. Waste management:

• Hazardous and toxic waste;

• Industrial wastewater;

• Urban solid waste and wastewater;

• Radioactive waste;

• Waste water residue removal;

• Incineration of waste and handling of its combustion products;

• Rocket fuel.

4. Tourism.

5. Transport.

6. Construction and management of artificial islands.

7. Construction of highways and highways.

8. Elimination of chemical weapons and ammunition.

9. Dredging works.

10. Construction of ports and work in them.

11. A change in the physical natural state of the coastline.

12. Unused installations that are subject to fluctuations in sea level.

V. Categories of substances

When preparing action plans, programs and taking measures to prevent, control, reduce and eliminate pollution from land-based sources as much as possible, the Contracting Parties take into account the following categories of substances, determined on the basis of their dangerous or other harmful characteristics, listed out of order of importance:

1. Acidic or alkaline compounds that can degrade water quality.

2. Biocides and their derivatives, not covered in other sections.

3. Crude oil and petroleum-derived hydrocarbons and used lubricants.

4. Cyanides and fluorides.

5. Heavy metals and their compounds.

6. Marine debris (any persistent industrial or treated dumped, disposed of or abandoned solid materials).

7. Substances capable of causing eutrophication.

8. Detergents that cannot be biochemically decomposed and other surfactants that cannot be biochemically decomposed.

9. Non-toxic substances that have an adverse effect on the oxygen content in the marine environment or are capable of adversely affecting the physical or chemical characteristics of seawater, or are capable of interfering with any legitimate use of the sea.

10. Organohalogenic compounds and substances capable of forming such compounds in the marine environment.

11. Organophosphorus compounds and substances capable of forming such compounds in the marine environment.

12. Organotin compounds and substances capable of forming such compounds in the marine environment.

13. Pathogenic microorganisms.

14. Polycyclic aromatic hydrocarbons.

15. Radioactive and/or nuclear substances.

C. Characteristics of substances

When preparing action plans, programmes and measures for the prevention, control, reduction and maximum possible elimination of pollution from land-based sources, the Contracting Parties shall take into account, as appropriate, the following characteristics of substances and factors listed out of order of priority:

1. Bioaccumulation and an increase in the concentration of pollutants along the food chain.

2. Cumulative effect of substances.

3. Patterns of distribution of substances (i.e. quantities, types of use, probability of exposure to the marine environment).

4. Effects on the organoleptic characteristics of marine products intended for human consumption.

5. Effects on the smell, color, transparency, temperature or other properties of seawater.

6. Health effects and health risks.

7. Negative impact on marine flora and fauna and the sustainable use of biological resources or other lawful use of the sea.

8. Persistence of substances.

9. The ability to cause eutrophication.

10. Radioactivity.

11. The ratio of concentrations leading and not leading to visible effects (NOEC).

12. The risk of undesirable changes in the marine ecosystem and the irreversibility or duration of exposure.

13. Toxicity or other harmful properties (e.g. carcinogenicity, mutagenicity, teratogenicity).

14. The ability to long-range transfer.

ANNEX II

Dispersed sources of pollution in agriculture

A. Definitions

For the purposes of this Application:

1. "Dispersed sources of pollution available in agriculture" means non-point sources of pollution associated with the cultivation of crops and the breeding of domestic animals, with the exception of intensive animal rearing facilities, which, on the contrary, belong to point sources.

2. "Best practices" means cost-effective and achievable structural and non-structural measures to prevent, reduce or control the discharge of pollutants into the marine environment and coastal areas of the Caspian Sea.

B. Plans to prevent, control and reduce pollution from dispersed sources available in agriculture

Each Contracting Party, as soon as possible after the entry into force of this Protocol, shall develop plans and measures for the prevention, control and reduction of pollution from dispersed sources existing in agriculture that may have an adverse impact on the marine environment or coastal areas of the Caspian Sea. Such plans and measures cover, in particular, dispersed sources of pollution containing substances leading to eutrophication, pesticides, sediments and pathogens.

When developing plans, the following is taken into account:

1. Assessment and analysis of dispersed sources of pollution in agriculture that may have an adverse impact on the marine environment and coastal areas of the Caspian Sea, including:

(a) Assessment of concentration levels that may have an adverse effect on the marine environment and coastal areas of the Caspian Sea;

b) identification of potential risks to human health;

(d) Implementation of monitoring programmes.

2. Political, legislative and economic measures, including:

(a) Evaluate and analyze plans, policy principles and legal mechanisms aimed at managing the dispersed sources of pollution present in agriculture in terms of their adequacy and develop a plan for implementing such changes as are necessary to achieve best practices;

(b) An assessment of the existing administrative management system for dispersed sources of pollution present in agriculture; and

(c) Developing and facilitating economic and non-economic incentive programmes to enhance the use of best practices for the prevention, control and reduction of pollution of the marine environment and coastal areas of the Caspian Sea from dispersed sources of pollution from agriculture.

3. Education, training and awareness-raising programmes, including:

(a) The development and implementation of programmes in the agricultural sector and among the general public to raise awareness of the dispersed sources of pollution present in agriculture and their impact on the marine environment and coastal areas, human health and the economy;

(b) The development and implementation of education programmes at all levels of the education system on the importance of the marine environment and coastal areas and the effects of pollution from agricultural activities;

(c) The development and implementation of training programmes for government officials and agricultural sector workers on the implementation of best practices, including the development of recommendations for agricultural sector workers on best structural and non-structural practices for the prevention, reduction and control of dispersed sources of pollution present in agriculture;

(d) Developing programmes to promote effective technology transfer and information exchange.

With. Presentation of reports

Each Contracting Party shall submit reports on its plans for the prevention, control and reduction of pollution of the marine environment and coastal areas of the Caspian Sea from dispersed sources of pollution available in agriculture, in accordance with Article 17 of this Protocol.

ANNEX III

Transfer of pollution through the atmosphere

This Annex defines the conditions for the application of this Protocol to pollution from land-based sources and activities that are carried through the atmosphere, in accordance with the provisions of paragraph 2 (b) of Article 3.

1. This Protocol applies to polluting emissions into the atmosphere under the following conditions::

(a) The released substances are or may be transported to the marine environment and coastal areas of the Caspian Sea under prevailing meteorological conditions;

(b) The amount of the substance entering the marine environment and coastal areas of the Caspian Sea is dangerous according to the criteria developed in accordance with Article 6 of the Protocol, compared with the amount of the substance reaching the marine environment and coastal areas by other routes.

2. In the case of pollution of the marine environment and coastal areas of the Caspian Sea from land-based sources and activities, the provisions of Articles 4 and 7 of this Protocol shall apply progressively to the relevant activities and substances listed in Annex I to this Protocol, as agreed between the Contracting Parties.

3. Subject to the conditions listed in paragraph 1 above, the provisions of paragraph 1 of Article 6 of this Protocol shall also apply.:

(a) Emissions of substances into the atmosphere - their quantity and concentration - based on information available to the Contracting Parties on the location and distribution of sources of air pollution;

b) the content of controlled substances in fuels and raw materials;

(d) the use of controlled substances in agriculture and forestry.

4. The provisions of Annex IV to this Protocol relate to atmospheric pollution, where applicable. When assessing atmospheric deposition, as well as when compiling inventories of pollutants from land-based sources in terms of their quantity and concentration, air pollution is monitored and modeled using common acceptable emission factors and methodologies.

1. Acidic or alkaline compounds that can degrade water quality.

2. Biocides and their derivatives, not covered in other sections.

3. Crude oil and petroleum-derived hydrocarbons and used lubricants.

4. Cyanides and fluorides.

5. Heavy metals and their compounds.

6. Marine debris (any persistent industrial or treated dumped, disposed of or abandoned solid materials).

7. Substances capable of causing eutrophication.

8. Detergents that cannot be biochemically decomposed and other surfactants that cannot be biochemically decomposed.

10. Organohalogenic compounds and substances capable of forming such compounds in the marine environment.

11. Organophosphorus compounds and substances capable of forming such compounds in the marine environment.

12. Organotin compounds and substances capable of forming such compounds in the marine environment.

13. Pathogenic microorganisms.

14. Polycyclic aromatic hydrocarbons.

15. Radioactive and/or nuclear substances.

C. Characteristics of substances

1. Bioaccumulation and an increase in the concentration of pollutants along the food chain.

2. Cumulative effect of substances.

3. Patterns of distribution of substances (i.e. quantities, types of use, probability of exposure to the marine environment).

4. Effects on the organoleptic characteristics of marine products intended for human consumption.

5. Effects on the smell, color, transparency, temperature or other properties of seawater.

6. Health effects and health risks.

7. Negative impact on marine flora and fauna and the sustainable use of biological resources or other lawful use of the sea.

8. Persistence of substances.

9. The ability to cause eutrophication.

10. Radioactivity.

11. The ratio of concentrations leading and not leading to visible effects (NOEC).

12. The risk of undesirable changes in the marine ecosystem and the irreversibility or duration of exposure.

13. Toxicity or other harmful properties (e.g. carcinogenicity, mutagenicity, teratogenicity).

14. The ability to long-range transfer.

ANNEX II

Dispersed sources of pollution in agriculture

A. Definitions

For the purposes of this Application:

B. Plans to prevent, control and reduce pollution from dispersed sources available in agriculture

When developing plans, the following is taken into account:

1. Assessment and analysis of dispersed sources of pollution in agriculture that may have an adverse impact on the marine environment and coastal areas of the Caspian Sea, including:

(a) Assessment of concentration levels that may have an adverse effect on the marine environment and coastal areas of the Caspian Sea;

b) identification of potential risks to human health;

(d) Implementation of monitoring programmes.

2. Political, legislative and economic measures, including:

(b) An assessment of the existing administrative management system for dispersed sources of pollution present in agriculture; and

3. Education, training and awareness-raising programmes, including:

(d) Developing programmes to promote effective technology transfer and information exchange.

With. Presentation of reports

ANNEX III

Transfer of pollution through the atmosphere

1. This Protocol applies to polluting emissions into the atmosphere under the following conditions::

(a) The released substances are or may be transported to the marine environment and coastal areas of the Caspian Sea under prevailing meteorological conditions;

3. Subject to the conditions listed in paragraph 1 above, the provisions of paragraph 1 of Article 6 of this Protocol shall also apply.:

b) the content of controlled substances in fuels and raw materials;

(d) the use of controlled substances in agriculture and forestry.

5. All articles of this Protocol apply equally to airborne pollution from land-based sources and activities, where applicable, and in accordance with the conditions listed in paragraph 1 above.

ANNEX IV

Emissions permits

In accordance with paragraph 3 of Article 7 of this Protocol, the Contracting Parties, when considering the issue of permits for emissions containing controlled substances listed in Annex I to this Protocol, shall evaluate and consider, as appropriate, the following factors:

A. Characteristics and content of emissions

1. The type and size of a point or diffuse source (for example, a manufacturing process).

2. Type of emissions (for example, origin, average composition).

3. The state of waste (for example, solid, liquid, sludge, sludge).

4. The total amount (the volume of emissions, for example, per year).

5. Discharge mode (constant, irregular, seasonally changing, etc.).

6. Concentrations of the relevant components of the substances listed in Annex I and other substances, if applicable.

7. Physical, chemical and biochemical properties of wastewater.

B. Characteristics of the emission components in terms of their harmfulness

1. Resistance (physical, chemical, biological) in the marine environment.

2. Toxicity and other harmful effects.

3. Accumulation in biological materials or sediments.

4. Biochemical transformation into harmful compounds.

5. Adverse effects on oxygen content and balance.

6. Exposure to physical, chemical and biochemical changes in the aquatic environment and interactions in the aquatic environment with other components of seawater that may have harmful biological or other effects on the uses listed in section F below

7. All other characteristics as listed in section C of Appendix I.

C. Characteristics of the emission facility and destination environment

1. Hydrographic, meteorological, geological and topographic characteristics of the coastal area.

2. The location and type of the source (outlet, channel spillway, etc.) and its position relative to other areas (such as recreational areas, spawning grounds, nurseries, fishing areas, shellfish production banks) and other emissions.

3. The degree of primary dilution at the point of release into the receiving medium.

4. Dispersion characteristics, such as the effect of currents, tides and wind on horizontal displacement and vertical mixing.

5. Characteristics of the target aquatic environment in terms of physical, chemical, biological and environmental conditions in the discharge area, as well as

6. The ability of the destination marine environment to accept dumped waste without adverse effects.

D. Characteristics of the categories of activity or source

1. Characteristics of existing technologies and management methods, including technologies and management methods specific to the location.

2. The age of the objects, depending on the situation, as well as

3. Existing economic, social and cultural features.

E. Alternative production technologies, waste treatment, or management methods

1. Recycling, regeneration and the possibility of reuse.

2. Substitution of raw materials for less dangerous or safe ones.

3. Substitution for more environmentally friendly activities or products.

4. Low-waste and environmentally friendly technologies or processes, and

5. Alternative dumping options (for example, removal to the surface of the earth).

F. Potential damage to marine ecosystems and seawater uses

1. The impact on human health due to the impact of pollution on:

(a) Edible marine organisms;

(b) Water in bathing areas; and

c) aesthetic value.

2. Impacts on marine and coastal ecosystems, in particular on biological resources, endangered species, and critical habitats.

3. Impact on other types of legitimate use of the sea.

APPENDIX V

Guidance on best available technologies and best environmental practices

In accordance with the relevant provisions of this Protocol, the Contracting Parties shall use or promote the best available technologies (BAT) and best environmental practices (NPP).

But. The best available technologies

1. The term "best available technologies (BAT)" means the most modern (advanced) technologies, equipment or methods of activity that reflect the practical suitability of specific measures to limit emissions and waste. "Technologies" include the actual technologies used, as well as the ways and methods by which a production facility is designed, built, maintained, operated, and dismantled.

2. The use of the best available technologies focuses on the use of waste-free technologies, if any.

3. When determining whether a group of technological processes, equipment, and working methods are among the best available technologies, both in general and in specific cases, special attention should be paid:

a) similar technological processes, equipment or working methods that have recently been successfully tested;

(b) Technological progress and changes in scientific knowledge and concepts;

d) the timing of installation in both new and existing plants;

(e) The nature and amount of the emissions involved;

(f) The precautionary principle.

4. The understanding of what constitutes the "best available technologies" for a particular technological process will change over time as a result of technological progress, economic and social factors, as well as changes in scientific knowledge and concepts.

5. If reducing emissions by using the best available technologies does not lead to economically acceptable results, additional measures need to be taken.

V. Best environmental practices

1. The term "Best Environmental practice" means the use of the most appropriate combination of measures and strategies in the field of environmental control.

2. When choosing methods in each specific case, at least the following sequentially arranged set of measures should be considered:

(a) Providing information and educating the public and users about the environmental consequences of choosing certain activities and products, their use and eventual disposal;

(b) The development and application of Codes of Good Environmental Practice covering all aspects of the product's life cycle;

c) mandatory use of labels informing consumers about the environmental risks associated with the product, its use and final disposal;

d) saving resources, including electricity;

(e) Ensuring public access to waste collection and disposal systems;

(f) Avoiding the use of hazardous substances or products and the accumulation of hazardous waste;

g) Recycling, regeneration and reuse;

h) the application of economic instruments to activities, products or groups of products;

i) the creation of a licensing system that includes a number of restrictive measures or prohibitions.

3. In determining which combination of measures constitutes "best environmental practice" both in general and in specific cases, special attention should be paid to:

a) environmental hazards of the product and its production, use and final disposal;

(b) Substitution by less polluting activities or substances;

c) the scope of application;

(d) Potential benefits or threats to the environment of substitute materials or activities;

(e) Progress and changes in scientific knowledge and concepts;

f) Timing of implementation;

(g) Social and economic impacts; and

h) the principle of taking precautionary measures.

4. This means that the "best environmental practices" for a particular source change over time as a result of technological progress, economic and social factors, as well as changes in scientific knowledge and concepts.

5. If reducing the amount of substances released as a result of using best environmental practices does not lead to environmentally acceptable results, additional measures should be taken and such best environmental practices reviewed.

President

Republic of Kazakhstan

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