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Intended for

TRACECA

Document type

Draft TRACECA Regional Action Strategy

Date

October, 2011

A TRACECA Regional Action Strategy on Maritime Safety, Security and Environmental Protection in line with

International Conventions and Regulations.

TRACECA REGIONALACTION STRATEGYMARITIME SAFETY,SECURITY ANDENVIRONMENTALPROTECTION

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TRACECA REGIONAL ACTION STRATEGYMARITIME SAFETY, SECURITY AND ENVIRONMENTALPROTECTION

Revision FIN_EN_12Date 05 October 2011

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MARITIME SAFETY, SECURITY AND ENVIRONMENTAL PROTECTION

FOREWORD

The TRACECA Regional Action Strategy is initiated and funded by the EU aspart of the SASEPOL Project (Development of Common Security Management

and Maritime Safety and Ship Pollution prevention for the Black Sea and theCaspian Sea), Results 5.2.

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CONTENTS

1. General Provisions 1 2. Introduction 2 3. Context and Background 3 3.1 TRACECA 3 3.2 EU Policies 4 3.2.1 EU Transport Acquis 4 3.2.2 The European Neighbourhood Policy (ENP) 5 3.2.3 EU Maritime Policy 5 3.3 Relevant IFI Funded Projects 6 3.3.1 TRACECA SASEPOL Project (2009 2011) 6 3.3.2 Caspian Environment Programme (1998) 6 3.3.3 TRACECA Motorways of the Sea Project I & II Black Sea

and Caspian Sea (2008 2010) 6 3.3.4 TRACECA IDEA Project (2009- 2011) 7 3.3.5 MONINFO Project (2009 2011) 7 3.3.6 SASEMAS Project 7 4. TRAS Objectives and Modus Operandi 8

4.1 Overall Objectives 8 4.1.1 Objective 1: Improvement of Regional Cooperationconcerning Maritime Safety and Protection of theEnvironment 8

4.1.2 Objective 2: Improve Regional Cooperation concerningMaritime Security 8

4.2 Modus Operandi 9 4.2.1 Regional Working Group 10 5. Conventions, Instruments, MoUs and Initiatives 11 5.1 Baku Initiative (2004) 11 5.2 Bucharest Convention (1994) 11 5.3 Tehran Convention (2006) 12 5.4 Ankara Agreement (1998) 12 5.5 Paris MoU on PSC (1982) 12 5.6 Black Sea MoU on PSC (2000) 13 5.7 Black Sea Synergy Initiative (2008) 13 5.8 HELCOM (1974/2000) 13 5.9 SOLAS 14 5.10 MARPOL 15 5.11 BWM 15 5.12 Intervention 15 5.13 CLC 15 5.14 FUND 16 5.15 INTERVENTION 16 5.16 BUNKER 16 5.17 STCW 16 5.18 SAR 17 5.19 ISM Code (SOLAS Chapter IX) 17 5.20 ISPS Code (SOLAS Chapter XI-2) 17 5.21 ILO/IMO Code of Practice on Security in Ports 17

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5.22 VIMSAS 18 5.23 OPRC 18 5.24 FAL 18 5.25 CSC 18 5.26 INMARSAT 18 5.27 ILO MLC 2006 19 5.28 ILO 185 19 5.29 ILO-OSH 2001 19 5.30 ILO Code of Practice on Safety and Health in Ports 20 6. Agreement 21 6.1 Principles 21 6.2 Agreement 21

SUPPLEMENTS

Supplement 1 Priority Actions

Supplement 2 Status of Implementation of Related Conventions

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LIST OF ABBREVIATIONS

AIS Automatic Identification System

BAT Best Available TechnologyBEP Best Environmental PracticeBS MoU Black Sea MoU on PSCBSC Black Sea CommissionCEP Caspian Environment ProgrammeCOP Code of PracticeCS Classification SocietiesEC European CommissionEMS Environmental Management SystemEMSA European Maritime Safety AgencyENP European Neighbourhood PolicyETS Emissions Trading SystemEU European UnionIFI International Financial InstitutionsIGC Intergovernmental CommissionILO International Labour OrganisationIMO International Maritime OrganisationISO International Organisation for StandardisationLRIT Long-Range Identification and TrackingMLA Basic Multilateral Agreement on International Transport for

the Development of the Transport Corridor Europe-Caucasus-Asia

MLC Maritime Labour ConventionMoU Memorandum of UnderstandingMSC Maritime Safety Committee

NIS New Independent StatesNS National SecretariesNWG National Working GroupOSH Occupational Health and SafetyPR Public RelationsPS Permanent SecretariatPSC Port State ControlPWM Port Waste ManagementRO Recognised OrganisationRWG Regional Working GroupSAR Search and RescueSASEMAS Common Safety and Security Management SystemSASEPOL Safety, Security and Pollution Project (Development of

common security management and maritime safety and shippollution prevention for the Black Sea and the Caspian Sea)

SID Seafarer Identification DocumentTA Technical AssistanceTEN-T Trans-European Transport NetworksToR Terms of ReferenceTNA Training Needs AnalysisTRACECA Transport Corridor Europe-Caucasus-AsiaTRAS TRACECA Regional Action Strategy

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MARITIME SAFETY, SECURITY AND ENVIRONMENTAL PROTECTION 1

1. GENERAL PROVISIONS

The TRACECA Regional Action Strategy (TRAS) on Maritime Security, Safety and EnvironmentalProtection for the period up to 2021 determines the main directions of cooperation on maritime

security, safety and environmental protection between the Participating States with the aim tocreate a highly efficient regional maritime transport system, which combines the nationalmaritime transport programs with the development plans of the Pan-European transportcorridors.

This Strategy should be considered as a general framework for the cooperation of the Caspianand Black Sea countries in the field of maritime transport with particular focus on maritimesafety, security and environmental protection. This means that national measures will besupplemented by regional efforts to reach the objectives of the Strategy.

The Strategy is a first step to formulate the main priorities of activities, to identify measures andto create a framework for further cooperation at a regional level.

The aim of this Strategy is to promote safe, secure and sustainable maritime transport systemswhich meet the economic, social, environmental and safety needs of the Participating States, tohelp reduce regional disparities and to connect the Caspian and Black Sea regional infrastructureto the Trans-European Transport Network, Pan-European and Euro-Asian Corridors through theprograms/projects linking Europe to Central Asia.

The Strategy shall be a part of the Terms of Reference (ToR) of the TRACECA Regional WorkingGroup (RWG) on Maritime Security and Safety established under the EU-funded SASEPOL Project.

The Strategy is elaborated for a ten-year period and on its basis one-year activity plans shouldbe developed and implemented.

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2. INTRODUCTION

The TRACECA countries (Armenia, Azerbaijan, Bulgaria, Georgia, Kazakhstan, Kyrgyzstan,Moldova, Romania, Tajikistan, Turkey, Ukraine, and Uzbekistan) are currently implementing the

IGC TRACECA's Strategy for Development of the Europe-Caucasus-Asia Transport Corridor for theperiod 2010 - 2015. The main aim is to create a sustainable and efficient multi-modal transportchain with step-by-step integration into the Trans-European Networks for Transport (TEN-T).

The TRACECA region has considerable variation in physical, cultural, economic and socialconditions, which translates into different needs for transport infrastructure provisions. However,in general, the transport networks in the TRACECA region are still somewhat embryonic requiringfurther organisation and development especially with regard to maritime safety, security andenvironmental protection as stated in IGC TRACECA's 2015 Strategy.

Ports represent focal nodes in the multi-modal freight transport chain where even the slightestdeficiency can result in significant negative repercussion along the entire chain. In the TRACECA

region, ports, together with rail, constitute key modal interchanges in the regional transportnetwork, acting as terminal and interim nodes along potential Motorways of the Sea routes in theBlack and Caspian Seas.

Increases in container transport volumes in the Black Sea and of oil and oil products in theCaspian Sea require that the applicable TRACECA Member States adhere to a consistent andcoordinated development of their policies on transport infrastructure especially with regard tomaritime safety, security and protection of the marine environment.

Maritime Safety refers to the prevention and management of accidents concerning persons,installations or the environment. These threats are considered an involuntary matter, i.e. non-intentional.

Maritime Security refers to the prevention of illicit acts against persons and goods on boardships, in port facilities or ports. These threats are considered a voluntary matter, i.e. intentional.

Protection of the Marine Environment relates to any measures and/or installations on boardships and in ports to avoid or minimise any impact on the marine environment followingoperational or accidental events from the normal operation of a ship.

The Black and the Caspian Seas both have a fragile ecological balance; hence a serious accidentat sea involving oil spills would thus have irreparable consequences on these fragileenvironments.

The European Commission (EC) supports the activities of TRACECA by funding Technical

Assistance (TA) projects in the region, focusing on the progressive integration of the transportmarkets of the Central Asian countries including approximation to relevant European Union (EU)legal frameworks and standards.

This Document constituting the IGC TRACECA Regional Action Strategy (TRAS) on MaritimeSafety, Security and Environmental Protection acts as the Guiding Document for the RWG onmaritime safety, security and environmental protection established under the EU-fundedSASEPOL Project.

The purpose of the RWG is to meet and discuss maritime issues of common interest to theParticipating States, e.g. maritime security, safety and environmental protection from ships andtheir operations. Although individual countries are at different levels they all have an interest inthe compliance of neighbouring countries with relevant Conventions, Regulations and otherGuidelines to ensure the highest level of safety, security and environmental protection.

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3. CONTEXT AND BACKGROUND

3.1 TRACECA

The Transport Corridor Europe-Caucasus-Asia (TRACECA) is a central transport corridor fromCentral Asia to Europe via the Caspian and Black Seas (See Figure 1 below). It covers road, railand maritime connections. It comprises the following countries: Armenia, Azerbaijan, Georgia,Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Moldova, Bulgaria,Romania and Turkey.

In 1998 a Basic Multilateral Agreement (MLA) on International Transport for the Development of the TRACECA was signed. The MLA created new intergovernmental structures such as anIntergovernmental Commission (IGC), with the overall purpose of monitoring the implementationof the Programme, and a PS in Baku supported by National Secretaries (NS) of the TRACECAMember States.

Today, 14 countries are members of the TRACECA Programme (Armenia, Azerbaijan, Bulgaria,Georgia, Kazakhstan, Kyrgyzstan, Iran, Moldova, Romania, Tajikistan, Turkey, Turkmenistan,Ukraine and Uzbekistan). With the only exception of Turkmenistan, which is a member of theProgramme but not a party to the MLA, all countries are members of the Programme and partiesto the MLA.

Figure 1: TRACECA Overall Route Black Sea and Caspian Sea Region

The TRACECA Programme was originally established in 1993 in Brussels under the EU TACISProgramme, which funded TA projects to develop a transport corridor on the WestEast axis fromEurope to Central Asia through the Caucasus.

Since 1995 more than 20 projects supported by the TRACECA Programme relate to the maritimetransport sector and IGC TRACECA continues to support TRACECA Member States in theirratification and implementation of IMO Conventions to achieve a safe, secure and environmentfriendly maritime transport sector.

The TRACECA Programme aims:

to support political and economic independence of the Participating States by enhancing theircapacity to access European and World markets through alternative transport routes;

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to stimulate cooperation among the participating states in all matters related to thedevelopment and improvement of trade in the region;

to promote optimal integration of TRACECA into the TEN-T; to identify obstacles hindering the development of trade and transport systems; to promote TRACECA projects as means to attract loans from International Financial

Institutions (IFIs) and private investors; and to define, in terms of contents and timing, TA projects to be financed by the EU.

Enhanced regional co-operation in the transport sector is considered imperative for achievingsustainable economic and social development as well as contributing to peace, stability andprosperity in the region.

Sea transport constitutes a significant component of the multimodal transport chain in theTRACECA region. Activities aimed at increasing both the competitiveness and attractiveness of the TRACECA corridor, particularly the sea-based routes of the Caspian and Black Seas, are of crucial importance for smooth and uninterrupted flows of freight between Europe and Asia.

The 2015 Objective of the TRACECA Programme is to create and maintain a sustainable, efficientand integrated multimodal transport system at both the EU-TRACECA and TRACECA-TRACECAlevel, respectively. To achieve this objective, the following 6 pillars have been proposed as part of the IGC's strategic framework for TRACECA:

1. Overcoming the Headache of Funding : This is aimed at tapping at different sources of financing to ensure that sustainable and sufficient funds will be available to successfullyinitiate and complete the investments that are required in regional transportinfrastructure and other projects;

2. Making Transport Safe, Secure and Sustainable: This is aimed at ensuring that theregional transport system has both social and environmental faces, and that it activelypromotes the safety, security and protection of users, property, general public and

environment that might be involved in or affected by this system;3. Strengthening and Modernising the Institutional Dimensions of Transport: This isaimed at ensuring the existence of strong, competent and well-designed institutions inthe various TRACECA countries that can guide, support and nurture the future progressand development of the regional transport system;

4. Integration and Cohesion of Infrastructure Networks: This is aimed at putting inplace a modern, compatible and interoperable physical infrastructure network that iswell-connected across the different transport modes and across the various TRACECAcountries, and having good links to the trans-European transport network;

5. A sound Multi-Modal Freight Transport Chain: This is aimed at ensuring the smoothand uninterrupted flow of trade, for all types of freight, across different modes of transport and across different countries (not only between TRACECA countriesthemselves, but also between these countries and the EU given the significant tradeexchange patterns between the two regions);

6. Exploiting the Full Potential of Air Transport and Boosting Air Passenger Traffic: This is aimed at enhancing the movement of passengers, in particular tourists, across thedifferent TRACECA countries as well as between these countries and the EU.

3.2 EU Policies

3.2.1 EU Transport Acquis

In order to become a Member State of the EU, (potential) candidate countries must align theirnational laws, rules and procedures to the entire body of Community legislation ('acquiscommunautaire') in such a way that the relevant EU law is fully incorporated in their national

legal system.

The Transport Acquis includes all the Regulations, Directives and Decisions adopted on the basisof the relevant provisions in the Community Treaty. It furthermore includes all the principles of law and interpretations of the European Court of Justice, all international transport agreements to

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which the European Community is a party, as well as the relevant Declarations and Resolutions of the Council of Ministers.

Even though there is no immediate accession potential to the EU for the majority of the TRACECAMember States, the EU-funded TA programmes support an approximation of the transportlegislation in the TRACECA Member States towards the EU acquis with the objective to furtherenhance free trade and participation in the EU's common transport market (e.g. for aviation orfor maritime). However, in order to participate in these common markets, full adherence to theEU acquis in the field of market opening, safety, security, environmental protection etc. isnecessary.

Reference is made to the most recent EC Communication on cooperation within transport withthe neighbouring countries (http://ec.europa.eu/transport/infrastructure/extending_networks/extending_networks_en.htm)According to this Communication, cooperation is, in principle, not only based upon infrastructurepolicies but also upon other sectoral policies.

3.2.2 The European Neighbourhood Policy (ENP)

The European Neighbourhood Policy (ENP) was developed in 2004 to first of all avoid theemergence of new dividing lines between the enlarged EU and its neighbours and second tostrengthen the prosperity, stability and security of all.

The ENP framework was proposed to the 16 of EU's closest neighbours (Partner Countries):Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova,Morocco, Occupied Palestinian Territory, Syria, Tunisia and Ukraine.

The ENP - a bilateral policy between the EU and each Partner Country also comprises regionaland multilateral co-operation initiatives, such as the Eastern Partnership (launched in Prague in

May 2009), the Union for the Mediterranean (the Euro-Mediterranean Partnership, formerlyknown as the Barcelona Process, re-launched in Paris in July 2008), and the Black Sea Synergy(launched in Kiev in February 2008).

Within the ENP the EU offers its neighbours a privileged relationship, building upon a mutualcommitment to common values (democracy and human rights, rule of law, good governance,market economy principles and sustainable development). The ENP goes beyond existingrelationships to offer political association and deeper economic integration, increased mobilityand more people-to-people contacts.

Central to the ENP are the bilateral Action Plans between the EU and each ENP Partner Country.These set out an agenda of political and economic reforms with short and medium-term prioritiesof 3 to 5 years.

3.2.3 EU Maritime Policy

With the adoption and subsequent implementation of the 3 rd Maritime Safety Package, the EUnow has one of the Worlds most comprehensive and advanced regulatory frameworks forshipping. Moreover, both the EU maritime administrations and European shipping have investedheavily in the implementation of safety, security and pollution prevention requirements.

This 3 rd Maritime Safety Package, ERIKA III, sets out more stringent requirements for Flag StateAdministrations, Recognised Organisations (RO), vessel traffic monitoring, accidentinvestigations, liability and compensation for damages to passengers, and insurances of shipowners.

On 1 January 2011 an updated risk-based system on PSC, applicable to all EU Member States,came into force, which requires that all foreign ships calling at EU ports shall undergo inspection.Ships not meeting the requirements set by the relevant international IMO and ILO Conventionsmay be detained, refused access, or banned from all EU ports and waters.

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The EU's maritime policy thus aims to:

eliminate substandard shipping; increase the protection of crews and passengers; reduce environmental pollution from shipping; ensure that good operators are not facing commercial disadvantages; improve transport efficiency; and achieve a full and harmonised implementation of International Conventions and EU

Regulations in the EU Member States.

3.3 Relevant IFI Funded Projects

The following regional projects are directly or indirectly linked to the TRAS:

3.3.1 TRACECA SASEPOL Project (2009 2011)

The overall objective of the EU-funded Project "Development of Security Management andMaritime Safety and Ship Pollution Prevention for the Black Sea and Caspian Sea (SASEPOL)" isto facilitate safe and secure international maritime transport of passengers and goods byproviding support to the beneficiary countries within the areas of maritime safety, security andenvironmental protection. A further aspiration is to assist the beneficiary countries in thecompletion of their accession to relevant international Conventions and to improve theirimplementation in a national and regional context.

The SASEPOL Project provides an opportunity for the beneficiary countries to develop and realiserelevant maritime transport strategies and programmes, and implement joined up policypackages at regional and national levels in the areas of maritime safety, security managementand ship pollution.

3.3.2 Caspian Environment Programme (1998)

The Caspian Environment Programme (CEP) - a multimillion dollar programme of cooperationbetween Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan funded by the GlobalEnvironment Facility - aims to achieve sustainable development of the Caspian environment,including living resources and water quality, protecting human health and ecological integrity forthe sake of future generations.

The Tehran Convention constitutes the "Umbrella Convention" for all conventions under CEP.Since 2009 activities under the Tehran Convention have been implemented by the CaspianEcological Project Management and Coordination Unit (CASPECO).

3.3.3 TRACECA Motorways of the Sea Project I & II Black Sea and Caspian Sea (2008 2010)

The Motorways of the Sea Project, funded by the EU, aims at improving transport connectionsbetween the EU and its Eastern neighbours, as well as better intermodal freight operations,through the integration of short sea shipping into the transport logistics, improving portoperations and making hinterland connections more efficient.

The Project seeks to develop the potential of maritime intermodal transport in favour of asustainable, safe and secure development of regional market trades and cohesion through theestablishment of innovative intermodality services within the wider geographical regionencompassing the littoral states of the Black Sea, the Caspian Sea, their neighbours and Europe,as well as between the Partner Countries themselves.

The Project promotes effective connections of ports to road and rail networks, the creation of logistical platforms facilitating these connections, efficient port services and the minimisation of transit times to, hopefully, boost economic and social development.

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3.3.4 TRACECA IDEA Project (2009- 2011)

The Transport dialogue and interoperability between the EU and its neighbouring countries andCentral Asian countries (IDEA Project), funded by the EU, aims at delivering a sustainable,efficient and integrated multimodal transport system in the TRACECA region by helping thebeneficiary countries in turning around their transport systems from a fragmented position to astate of integration, by means of assisting Governments in choosing the appropriate models forthe provision of transport infrastructure.

The IDEA Project is expected to pave the way for the future structure and role of the TRACECAProgramme in order to further strengthen its contribution to delivering a sustainable, efficientand integrated multimodal transport system in the region.

3.3.5 MONINFO Project (2009 2011)

The Monitoring and Information Systems for Reducing Oil Pollution (MONINFO) Project, jointlyfunded by the EU and the Black Sea Commission, should enable the coastal states of the BlackSea to better prevent and respond to operational/accidental/illegal oil pollution.

The Project aims to achieve the following main objectives:

Development/Improvement of information and monitoring systems for operational, illegal andaccidental oil pollution, by collecting, storing, processing and distributing different type of data related to oil pollution prevention and response activities within the area;

Setting up a Black Sea Regional AIS server; Setting up a regional monitoring service system on oil pollution detection; Setting up a modeling system to understand oil distribution following a spill; and Enhancement of response capabilities, including risk management and emergency

preparedness planning.

3.3.6 SASEMAS Project

The Common Safety and Security Management System (SASEMAS) Project, initiated by theTRACECA Programme, aims to establish a common management system for maritime safety andsecurity issues for all Black Sea states.

SASEMAS constitutes a regional organisation responsible for ensuring cooperation on maritimesafety and security and mutual verification of conformity of the Flag States' Maritime and PortAdministrations via an internal system based on ISO 9001 on Quality Management.

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4. TRAS OBJECTIVES AND MODUS OPERANDI

The TRAS comprises two overall objectives stipulated by the EU and agreed upon by theParticipating States during the 2 nd RWG Meeting in Brussels 2010. The TRAS was reiterated

during the 3 rd RWG Meeting in Istanbul in February 2011 and further developed during the TRASworking session in Odessa in April 2011. Final amendments to the TRAS were made during the4 th and final RWG Meeting in Brussels 2011.

The TRAS' two overall objectives are broken down into a number of Priority Actions for each of the three areas of interventions, i.e. maritime security, safety and environmental protection,together with a set of corresponding activities.

The TRAS is fully aligned with the TRACECA Programme and its 2015 Strategic Action Plan andcomprises both regional seas in the TRACECA region, i.e. the Black and Caspian Sea,respectively.

In the 2015 Strategic Action Plan, the TRACECA Working Group on Maritime Safety has called fortimely and full implementation of relevant IMO and ILO Conventions, convergence of the differentregional PSC practices and procedures at the highest level of performance; establishment of Vessel Traffic Management and Information Systems coordination; and civil protectionmechanisms in case of marine pollution through the implementation of the OPRC Convention.

In addition to the littoral States of the Black and Caspian Seas, the Participating States, and theEuropean Commission (EC) and the European Maritime Safety Agency (EMSA), the TRAS will alsobe reviewed by and receive input from other relevant regional Conventions and Initiatives suchas the ones listed in Section 5 below. Representatives from TRACECA, IMO, Black SeaCommission (BSC), CEP etc. will also be invited to participate in the RWG Meetings.

The intention is not to establish a new supranational brick and mortar organisation, thereby bothduplicating the efforts of existing related organisations and imposing additional financial costsupon the Participating States, but instead to further focus and align actions and activities withinthe maritime sector of the TRACECA Member States.

4.1 Overall Objectives

4.1.1 Objective 1: Improvement of Regional Cooperation concerning Maritime Safety and Protection of theEnvironment

Objective 1 aims to eliminate substandard shipping, to increase the protection of crews andpassengers, to reduce the risk of environmental pollution, and to ensure that operators whofollow good practices are not put at a commercial disadvantage by others who are prepared to

take short cuts with regard to vessel safety.

Supplement 1 lists the Priority Actions within Maritime Safety and Environmental Protection,respectively, identified and agreed upon by the Participating States.

4.1.2 Objective 2: Improve Regional Cooperation concerning Maritime Security

Objective 2 aims to further enhance regional cooperation in the field of maritime security so as toprotect the citizens and the economies of the Black and Caspian Seas region from theconsequences of unlawful intentional acts against shipping and port operations.

Supplement 1 lists the Priority Actions within Maritime Security identified and agreed upon by theParticipating States.

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4.2 Modus Operandi

At the regional level, implementation of the TRAS will initially be coordinated by TRACECA PS andfinancially supported by the EU-funded SASEPOL Project through the RWG. Additional fundingshould subsequently be sought from both public and private sectors, such as EMSA and otherIFIs. Eventually and once the RWG has become a self-sustainable and officially recognised inter-regional structure the Participating States should allocate funds for its activities in theirrespective national budgets.

The TRACECA Member States, under the auspices of the RWG, will unanimously adopt theidentified and agreed upon Priority Actions, which the governments of the Participating States orrelevant national agencies/administrations must act on in their respective national programmesand legislation.

For each of the TRAS Priority Actions identified and agreed upon a Lead Participating State and/ororganisation should be selected to ensure coordination of activities which might be undertaken atnational or regional level to achieve the overall objectives set.

To facilitate the realisation of activities, partnerships with other relevant projects and/orinitiatives should be established to provide a framework for co-financing and a basis for theinvolvement of other IFIs.

The National Working Groups (NWGs) will assist the RWG in coordinating its activities for theirrespective assigned Priority Actions. The NWGs will also oversee implementation of the TRAS fortheir specific Priority Actions and, where required, develop specific implementation plans.Through the NWGs the Participating States will contribute to the overall regional coordination of the TRAS.

The NWGs should be financed by their respective State, i.e. relevant Ministry or Administration,

but the EU will also do its best to fund their activities under upcoming and related TA projects.Additionally and similar to the RWG, financing and further support should also be sought fromother IFIs.

The RWG will initially be chaired by the TRACECA PS, but eventually the Chairmanship/Presidencywill rotate between the Participating States every 12 months, according to their alphabeticalorder in English.

The RWG Presidency, modelled after the EU and first presided by Turkey, will undertake thefollowing tasks and responsibilities:

Organise the RWG Meetings; Develop and circulate Annual Work Plans; Coordinate the implementation of activities under the TRAS Priority Actions; Monitor progress of the implementation of the TRAS;

Coordinate and assist with Funding Applications for projects involving more than one MemberState.The RWG will meet at least twice a year. Initially, the EU/TRACECA, through its TA projects, willfinance the RWG meetings, but eventually, the host State will bear the costs of convening theRWG meetings. The other Participating States and organisations shall pay the costs of theirrepresentatives' attendance at the meetings.

The TRAS will be adopted for a 10-year period. This first edition of the TRAS is thereforeoperational from the date of its adoption and until 2021, when a new and enhanced TRAS will bedesigned, discussed and subsequently submitted for approval by the IGC TRACECA.

Annual Work Plans outlining selected Priority Actions and corresponding Activities to be initiatedand subsequently completed within the forthcoming year will be developed and monitored on anannual basis by the RWG in close collaboration with TRACECA.

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The TRAS will also be further integrated into TRACECA's overall long-term work plan and therelevant action plans of both BSC and CASPECO.

4.2.1 Regional Working Group

The RWG is a trans-regional working group with active participation from both Black Sea andCaspian Sea jurisdictions as well as representatives from the Tehran and Bucharest Convention.Thus, issues of inter-regional concern can be covered by the RWG.

The main objective of the RWG is to enhance regional cooperation and exchange knowledge andpractices between the SASEPOL beneficiary countries, associated countries and relevant regionalConventions.

The RWG will initially be responsible for:

Arranging and holding bi-annual RWG meetings in close collaboration with the TRACECA PS; Joining forces on forthcoming events; this will include participation in conferences, pooling of

resources, alignment of relevant strategies and pre-discussion of desired outcomes of conferences, provision of specific support to each other, etc.;

Exchanging ideas on relevant regional issues; for example how to address certain issues on anational level, exchange of expertise, provision of specific support, discussion of possiblesolutions of and options to pertinent national problems (with regional impact);

Develop ToR for TA support within maritime safety, security and environmental protection inclose collaboration with the TRACECA PS;

Disseminating information on recent EU maritime policy and that of other internationalinstitutions (IMO, ILO etc.); and

Monitor progress made at regional level and by each of the individual countries on theidentified priority actions.

The RWG comprises the following individual representatives:

Officials from the EC and/or EMSA and selected experts from EU funded projects asappropriate;

Representative(s) of the PS IGC TRACECA; The National Coordinators of the NWGs ; One representative of the maritime administration from each Participating State: One representative of the BSC and one representative of CEP (CASPECO); Other relevant organisations as deemed necessary and desirable (e.g. IMO, Black Sea

Memorandum on Port State Control).

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5. CONVENTIONS, INSTRUMENTS, MOUS AND INITIATIVES

The following Conventions, Instruments, Memorandum of Understandings (MoUs) and Initiatives

apply to the TRAS:

5.1 Baku Initiative (2004)

The Baku Initiative on Transport, launched in November 2004, denotes a policy dialogue aimed atenhancing transport cooperation between the EU and the Black Sea and Caspian Sea States andtheir neighbours, and constitutes the basis for the development of transport cooperation andnetworks interoperability in accordance with EU and international legal and regulatoryframeworks.

Following the conclusions reached at the EU-Caspian region Transport Ministerial Conference inNovember 2004 in Baku, 4 expert working groups were created: aviation; security in all modes of

transport; road and rail transport; and transport infrastructure.

At the Second Ministerial Conference on transport Cooperation in May 2006, a fifth working groupon maritime transport was created.

5.2 Bucharest Convention (1994)

The Bucharest Convention (also called the Convention on the Protection of the Black Sea AgainstPollution) constitutes a basic framework of agreement on three specific Protocols: a Land-BasedSources Protocol; a Dumping Protocol; and a Emergency Response Protocol.

The basic objective of the Bucharest Convention is to prevent and reduce pollution of the BlackSea in order to protect and preserve the marine environment, and to provide a legal frameworkfor cooperation and concerted actions to fulfil this obligation.

The Protocol on Marine Protection from Land-Based Sources and Activities states that countriesshall apply the precautionary principle with regard to the potential harm of any pollutant, as wellas the polluter pays principle. It requires signatory countries to adopt national and regional plansof action for source control measures, including emission controls, environmental qualitystandards, and timetables to achieve these goals. The protocol also calls for the formation of regional standards of practice for pollution control, including systems for monitoring, inspectionand reporting. Finally, the protocol calls for signatories to utilise or promote BAT and BEP and theapplication of, access to and transfer of environmentally sound technology, including cleanerproduction, taking into account the social, economic and technological conditions and criteria setforth in Annex V.

The Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumpingregulates the manner in which substances can be disposed of into the Black Sea. The agreementcalls for the outright ban of dumping of hazardous substances. The agreement requires that thedumping of a second category, noxious substances, must be heavily regulated through the use of special permits. Dumping of all other waste will now require a general permit.

The Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oiland Other Harmful Substances in Emergency Situations covers pollution due to oil spills andother accidental discharges of hazardous and harmful substances. The protocol requires membersto establish national contingency plans for preparedness, response and mutual cooperation incase of emergencies. It also requires countries to create a national system, reporting proceduresand means for responding to such spills.

The Convention, which came into force in 1994, has been ratified by all 6 Black Sea nations.

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5.3 Tehran Convention (2006)

The Framework Convention for the Protection of the Marine Environment of the Caspian Sea (alsocalled the Tehran Convention) is a regional convention signed by the official representatives of the five littoral Caspian states: Azerbaijan, Iran, Kazakhstan, Russian Federation andTurkmenistan in Tehran, Iran on 4 November 2003.

The objective of the Convention is to protect the Caspian environment from all sources of pollution including the protection, preservation, restoration and sustainable and rational use of the biological resources of the Caspian Sea.

Parties to the Convention undertake an obligation to take measures to prevent, reduce andcontrol pollution from the land-based sources, seabed activities, vessels, as well as pollution fromother human activities including land reclamation and associated coastal dredging andconstruction of dams.

The Parties also take preventive, preparedness and response measures to protect theenvironment and human beings from consequences of natural and man-made environmentalemergencies, cooperate in setting up early warning systems and ensure the availability of adequate equipment and qualified personnel for combating environmental emergencies. TheParties also agree to carry out environmental impact assessments of hazardous activities capableof causing environmental emergencies or adverse effects on environment within their jurisdiction.

The Convention also provides for cooperation of the Parties in environmental monitoring,developing harmonised discharge and emission standards, conducting environmental researchand development and exchanging environmental information.

5.4 Ankara Agreement (1998)

The Agreement on Cooperation Regarding Maritime Search And Rescue Services Among BlackSea Coastal States of 27 November 1998 (also called the Ankara Agreement) relates tocooperation among the Parties in respect of maritime Search and Rescue (SAR) services withinthe Black Sea.

The Agreement states that representatives of the competent authorities of the Parties shall meetas necessary and at least once a year to develop cooperation and to exchange information andexperiences. The Parties shall also hold regional conferences as necessary to maintain efficientoperational co-ordination of SAR services in the region.

The Parties shall also jointly decide to arrange a maritime SAR exercise or exercises based onsimulated incidents so as to train their SAR organisations in working together and with theparticipation of aeronautical SAR organisations, if deemed necessary.

5.5 Paris MoU on PSC (1982)

The Paris MoU on PSC of 1982 is the official document in which the 27 participating MaritimeAuthorities agree to implement a harmonised system of PSC. The MoU covers the waters of theEuropean coastal States and the North Atlantic basin from Canada to Europe.

PSC comprises the inspection of foreign ships in other national ports by PSC officers (inspectors)for the purpose of verifying that the competency of the master and officers on board, thecondition of a ship and its equipment comply with the requirements of International Conventions(e.g. SOLAS, MARPOL, STCW, etc.) and that the vessel is manned and operated in compliancewith applicable International Law and EU Regulations.

Although the responsibility for ensuring that ships comply with the provisions of the relevantinstruments rests upon the owners, masters and the flag States, certain flag States, for variousreasons, fail to fulfil their commitments contained in agreed mandatory international legal

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instruments and subsequently some ships are sailing the Worlds seas in an unsafe condition,threatening the lives of all those on board as well as the marine environment.

The Paris MoU thus aims to eliminate the operation of sub-standard ships in EU waters and portsthrough a harmonised system on PSC.

5.6 Black Sea MoU on PSC (2000)

The MoU on PSC in the Black Sea region (BS MoU), based upon the Paris MoU, was completedand signed in April 2000 by representatives of the Maritime Authorities of Bulgaria, Georgia,Romania, the Russian Federation, Turkey and Ukraine.

The objective of the BS MoU is to establish a regime in the Black Sea region for ensuring that allships sailing in the Black Sea comply with maritime safety and marine pollution preventionstandards prescribed by the International Maritime Organisation's (IMO) and ILO's Conventionsthus ultimately eliminating sub-standard shipping in the region.

The PSC Committee established under the BS MoU monitors and controls implementation andongoing operation of the BS MoU. The Committee consists of representatives of the MaritimeAuthorities of the 6 Member States and observers representatives from the IMO and theInternational Labour Organisation (ILO).

5.7 Black Sea Synergy Initiative (2008)

A Conference between the EU and the Black Sea Nations Ministers of Foreign Affairs in 2008 inUkraine resulted in a Joint Statement establishing the Black Sea Synergy with the objective of increasing cooperation between the countries surrounding the Black Sea, since closer regionalties will:

stimulate democratic and economic reforms; support stability and promote development; facilitate practical projects in areas of common concern; open up opportunities and overcome challenges through coordinated action in a regional

framework; and encourage the peaceful resolution of conflicts in the region.

The Black Sea Synergy thus offers a forum for tackling common regional problems whileencouraging political and economic reform. It is a flexible, inclusive and transparent framework,based on the common interests of the EU and all Black Sea states.

The Black Sea Synergy Initiative is therefore also complementary to the ENP, the enlargementpolicy for Turkey and the Strategic Partnership with the Russian Federation.

Specific Black Sea Synergy sector partnerships address transport, energy and the environment.

5.8 HELCOM (1974/2000)

The Baltic Marine Environment Protection Commission (also known as the Helsinki Commission(HELCOM)) is the governing body of the "Convention on the Protection of the Marine Environmentof the Baltic Sea Area".

HELCOM works to protect the marine environment of the Baltic Sea from all sources of pollutionthrough intergovernmental cooperation between Denmark, Estonia, the European Community,

Finland, Germany, Latvia, Lithuania, Poland, Russia and Sweden.

HELCOM unanimously adopts Recommendations for the protection of the marine environment,which the governments of the Contracting Parties must act on in their respective nationalprogrammes and legislation.

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HELCOM builds upon the following Principles:

Responsibility : In order to restore the ecosystem of the Baltic Sea area and preserve itsecological balance the Contracting Parties shall individually or jointly take all appropriatelegislative, administrative or other measures to prevent and eliminate pollution.

The precautionary principle : Preventive measures must be taken whenever there arereasonable grounds to believe that substances or energy directly or indirectly introduced intothe marine environment might harm human health, living resources or marine ecosystems,or damage amenities or interfere with other legitimate uses of the sea.

Best Environmental Practices and Best Available Technologies will be promoted by theContracting Parties to prevent the pollution of the Baltic Sea. Additional measures shall betaken if the consequent reductions of inputs do not lead to acceptable results.

The " polluter pays" principle should serve as the economic basis for the control of environmentally harmful activities, emphasising the importance of responsibility by forcingpolluters to pay for the true costs of their activities.

Monitoring : Emissions from both point sources and diffuse sources into water and the airshould be measured and calculated in a scientifically appropriate manner by the ContractingParties.

Avoiding risks : Implementing the Helsinki Convention should neither result intransboundary pollution affecting regions outside the Baltic Sea area, nor involve increases orchanges in waste disposal or other activities that could increase health risks. Any measurestaken must not lead to unacceptable environmental strains on the atmosphere, soils, waterbodies or groundwater.

5.9 SOLAS

The International Convention for the Safety of Life at Sea (SOLAS 1974).

The main objective of the SOLAS Convention is to specify minimum standards for theconstruction, equipment and operation of ships, compatible with their safety. Flag States areresponsible for ensuring that ships under their flag comply with its requirements, and a numberof certificates are prescribed in the Convention as proof that this has been done. Controlprovisions also allow Contracting Governments to inspect ships of other States, crossing theirwaters or calling in their ports, if there are clear grounds for believing that the ship and itsequipment do not substantially comply with the requirements of the Convention.

The obligations of ships to transmit Long-Range Identification and Tracking (LRIT) informationand the rights and obligations of SOLAS Contracting Governments and of SAR services to receiveLRIT information are established in Regulation V/19-1 of the 1974 SOLAS Convention.

Regulation V/19 of the 1974 SOLAS Convention also sets out navigational equipment to becarried on board ships, according to ship type. In 2000, IMO adopted a new requirement (as partof a revised new Chapter V) for all ships to carry Automatic Identification Systems (AISs) capableof providing information about the ship to other ships and to coastal authorities automatically.

The Regulation requires AIS to be fitted aboard all ships of 300 gross tonnage and upwardsengaged on international voyages, cargo ships of 500 gross tonnage and upwards not engagedon international voyages and all passenger ships irrespective of size.

The Regulation requires that AIS shall:

provide information - including the ship's identity, type, position, course, speed, navigationalstatus and other safety-related information - automatically to appropriately equipped shore

stations, other ships and aircraft; receive automatically such information from similarly fitted ships; monitor and track ships; and exchange data with shore-based facilities.

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5.10 MARPOL

The International Convention for the Prevention of Pollution From Ships (MARPOL 73/78).

MARPOL was designed to minimize all pollution of the seas resulting from shipping activities,including dumping, oil and exhaust pollution. Its stated objective is to preserve the marineenvironment through the complete elimination of pollution by oil and other harmful substances(incl. sewage, garbage and emissions to the air) and the minimization of any accidentaldischarges of such substances.

All ships flagged under countries that are signatories to MARPOL are subject to its requirements,regardless of where they sail, and member nations are responsible for vessels registered undertheir respective nationalities.

5.11 BWM

The International Convention for the Control and Management of Ships' Ballast Water andSediments (BWM 2004) aims to prevent the potentially devastating effects of the spread of harmful aquatic organisms carried by ships' ballast water from one region to another.

The Convention requires that all ships implement a Ballast Water and Sediments ManagementPlan. All ships will also have to carry a Ballast Water Record Book and will be required to carryout ballast water management procedures to a given standard. Existing ships will be required todo the same, but after a phase-in period.

Under Article 2 General Obligations Parties undertake to give full and complete effect to theprovisions of the Convention and the Annex in order to prevent, minimize and ultimatelyeliminate the transfer of harmful aquatic organisms and pathogens through the control andmanagement of ships' ballast water and sediments.

5.12 Intervention

The International Convention Relating to Intervention on the High Seas in Cases of Oil PollutionCasualties (Intervention, 1969) affirms the right of a coastal State to take such measures on thehigh seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or relatedinterests from pollution by oil or other substances or the threat thereof, following upon amaritime casualty.

The coastal State is, however, empowered to take only such action as is necessary, and after dueconsultations with appropriate interests including, in particular, the flag State or States of theship or ships involved, the owners of the ships or cargoes in question and, where circumstancespermit, independent experts appointed for this purpose.

A coastal State which takes measures beyond those permitted under the Convention is liable topay compensation for any damage caused by such measures. Provision is made for thesettlement of disputes arising in connection with the application of the Convention.

5.13 CLC

The International Convention on Civil Liability for Oil Pollution Damage (CLC 1992) was adoptedto ensure that adequate compensation is available to persons who suffer oil pollution damageresulting from maritime casualties involving oil-carrying ships.

The Convention places the liability for such damage on the owner of the ship from which the

polluting oil escaped or was discharged.

Subject to a number of specific exceptions, this liability is strict; it is the duty of the owner toprove in each case that any of the exceptions should in fact operate. However, except where theowner has been guilty of actual fault, they may limit liability in respect of any one incident.

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implementation. The information is reviewed by panels of competent persons, nominated byParties to the STCW Convention, who report on their findings to the IMO Secretary-General, who,in turn, reports to the Maritime Safety Committee (MSC) on the Parties which fully comply. TheMSC then produces a list of "confirmed Parties" in compliance with the STCW Convention.

5.18 SAR

The International Convention on Maritime Search and Rescue (SAR 1978).

Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR services in their coastal waters. Parties are encouraged to enter into SARagreements with neighbouring States involving the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The Convention statesthat Parties should take measures to expedite entry into its territorial waters of rescue units fromother Parties.

5.19 ISM Code (SOLAS Chapter IX)

The International Safety Management (ISM, 2002) Code provides an international standard forthe safe operation of ships and for pollution prevention.

The objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life,avoidance of damage to property, and avoidance of damage to the environment, in particular tothe marine environment and to property.

5.20 ISPS Code (SOLAS Chapter XI-2)

The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the

perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States.

The ISPS Code is implemented through chapter XI-2 on special measures to enhance maritimesecurity in SOLAS. The Code has two parts, one mandatory and one recommendatory.

The purpose of the Code is to provide a standardised, consistent framework for evaluating risk,enabling Governments to offset changes in threat with changes in vulnerability for ships and portfacilities through determination of appropriate security levels and corresponding securitymeasures.

5.21 ILO/IMO Code of Practice on Security in Ports

The objective of this ILO/IMO Code of Practice (COP) on security in ports is to enablegovernments, employers, workers and other stakeholders to reduce the risk to ports from thethreat posed by unlawful acts. The COP provides a guidance framework to develop andimplement a port security strategy appropriate to identified threats to security.

This COP is intended to promote a common approach to port security amongst ILO/IMO MemberStates.

This COP provides a method of identifying potential weaknesses in a ports security and outlinesecurity roles, tasks and measures to deter, detect and respond to unlawful acts against portsserving international traffic and maritime operations.

The code provides a proactive approach to security in ports and follows, where practicable, the

practice and principles identified in SOLAS Chapter XI-2 and the ISPS Code.

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5.22 VIMSAS

The Voluntary IMO Member State Audit Scheme (VIMSAS 2005) creates a basis to assess thedegree to which a Member State complies with its obligations set out in the various IMOinstruments made mandatory by the ratification of the State.

5.23 OPRC

The International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC1990).

The Parties to the OPRC Convention are required to establish measures for dealing with pollutionincidents, either nationally or in cooperation with other countries.

Ships are required to carry a shipboard oil pollution emergency plan (SOPEP), to be developed inaccordance with Guidelines adopted by the IMO and approved by the Flag State. Operators of offshore units under the jurisdiction of the Parties are also required to have oil pollutionemergency plans or similar arrangements which must be co-ordinated with national systems forresponding promptly and effectively to oil pollution incidents.

Ships are required to report incidents of pollution to coastal authorities and the Conventiondetails the actions that are then to be taken. The Convention calls for the development of anational system for responding to pollution incidents and the establishment of stockpiles of oilspill combating equipment, the holding of oil spill combating exercises and the development of detailed plans for dealing with pollution incidents.

Parties to the Convention are also required to provide assistance to others in the event of apollution emergency and provision is made for the reimbursement of any assistance provided.

5.24 FAL

The Convention on Facilitation of International Maritime Traffic (FAL, 1965) aims to preventunnecessary delays in maritime traffic, to aid co-operation between Governments, and to securethe highest practicable degree of uniformity in formalities and other procedures. In particular, theConvention reduces the number of declarations which can be required by public authorities.

5.25 CSC

The International Convention for Safe Containers (CSC, 1972) has two goals: one is to maintain ahigh level of safety of human life in the transport and handling of containers by providinggenerally acceptable test procedures and related strength requirements; the other is to facilitatethe international transport of containers by providing uniform international safety regulations,equally applicable to all modes of surface transport

The requirements of the Convention apply to the great majority of freight containers usedinternationally, except those designed specifically for carriage by air. The scope of the Conventionis limited to containers of a prescribed minimum size having corner fittings devices whichpermit handling, securing or stacking.

5.26 INMARSAT

The Convention on the International Maritime Satellite Organization (INMARSAT, 1976) definesthe purposes of Inmarsat as being to improve maritime communications, thereby assisting inimproving distress and safety of life at sea communications, the efficiency and management of

ships, maritime public correspondence services, and radiodetermination capabilities.

Inmarsat's obligation to provide maritime distress and safety services via satellite were enshrinedwithin the 1988 amendments to SOLAS which introduced the Global Maritime Distress and Safety

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System (GMDSS). Ships sailing in specified sea areas are required to carry Inmarsatcommunications equipment for distress and safety calls and to receive navigational warnings.

5.27 ILO MLC 2006The ILO's Maritime Labour Convention (MLC), 2006, provides comprehensive rights andprotection at work for the World's more than 1.2 million seafarers. The Convention aims toachieve both decent working conditions for seafarers and secure economic interests in faircompetition for quality ship-owners.

Each Member which ratifies this Convention undertakes to give complete effect to its provisions inthe manner set out in Article VI in order to secure the right of all seafarers to decentemployment.

Article IV states that:

1. Every seafarer has the right to a safe and secure workplace that complies with safetystandards.

2. Every seafarer has a right to fair terms of employment.3. Every seafarer has a right to decent working and living conditions on board ship.4. Every seafarer has a right to health protection, medical care, welfare measures and other

forms of social protection.5. Each Member shall ensure, within the limits of its jurisdiction, that the seafarers'

employment and social rights set out in the preceding paragraphs of this Article are fullyimplemented in accordance with the requirements of this Convention. Unless specifiedotherwise in the Convention, such implementation may be achieved through national lawsor regulations, through applicable collective bargaining agreements or through othermeasures or in practice.

5.28 ILO 185

In June 2003, in response to post-9/11 requirements for international travel documents, newSeafarers Identification Document (SID) regulations were adopted with the passage of ILO 185 toconform to current universal secure identification requirements.

Each Member for which this Convention is in force shall issue to each of its nationals who is aseafarer and makes an application to that effect a seafarers' identity document.

Each Member shall also ensure that a record of each seafarers' identity document issued,suspended or withdrawn by it is stored in an electronic database. The necessary measures shallbe taken to secure the database from interference or unauthorised access.

Finally, each Member for which this Convention is in force shall, in the shortest possible time, andunless clear grounds exist for doubting the authenticity of the seafarers' identity document,permit the entry into its territory of a seafarer holding a valid seafarer's identity document, whenentry is requested for temporary shore leave while the ship is in port. For the purpose of shoreleave seafarers shall not be required to hold a visa. Any Member which is not in a position to fullyimplement this requirement shall ensure that its laws and regulations or practice providearrangements that are substantially equivalent.

5.29 ILO-OSH 2001

ILO's Guidelines on Occupational Safety and Health Management Systems (OSH) are intended tocontribute to the protection of workers from hazards and to the elimination of work-relatedinjuries, ill health, diseases, incidents and deaths.

At national level, the guidelines should:1. be used to establish a national framework for OSH management systems, preferably

supported by national laws and regulations;

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2. provide guidance for the development of voluntary arrangements to strengthencompliance with regulations and standards leading to continual improvement in OSHperformance; and

3. provide guidance on the development of both national and tailored guidelines on OSHmanagement systems to respond appropriately to the real needs of organizations,according to their size and the nature of their activities.

5.30 ILO Code of Practice on Safety and Health in Ports

The practical recommendations in this code are intended to provide relevant guidance to ILOconstituents and all those responsible for or involved in the management, operation,maintenance and development of ports.

The Code intends to raise the profile of safety and health issues in ports in all parts of the world,and to encourage more countries to ratify the Occupational Safety and Health (Dock Work)Convention, 1979 (No. 152), or otherwise implement its provisions.

The Code covers all aspects of work in ports where goods or passengers are loaded onto orunloaded from ships, including work incidental to such loading or unloading activities in the portarea. It is not limited to international trade and is equally applicable to domestic operations,including those on inland waterways.

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6. AGREEMENT

6.1 Principles

By adopting the TRAS the Participating States, comprising Azerbaijan, Bulgaria, Georgia,Kazakhstan, Romania, Turkey, Turkmenistan, Ukraine and Moldova, agree to apply the followingPrinciples, inspired by HELCOM:

Responsibility : In order to improve maritime safety and security and to protect the ecosystemsof the Black and Caspian Seas and thus preserve the ecological balances the Participating Statesshall individually or jointly take all appropriate legislative, administrative or other measures toprevent and eliminate accidents, illicit acts and pollution following on from maritime transport.

Best Environmental Practices and Best Available Technologies will be promoted by theParticipating States and their respective maritime industry to prevent the pollution of the Blackand Caspian Seas. Additional measures shall be taken if the consequent reductions of inputs do

not lead to acceptable results.

The " polluter pays " principle should serve as the economic basis for the control of environmentally harmful activities, emphasising the importance of responsibility by forcingpolluters to pay for the true costs of their activities.

Avoiding risks : Implementing the TRAS should neither result in transboundary pollution ornegative actions affecting regions outside the Black Sea and Caspian Sea region, nor involveincreases or changes in ship-generated waste disposal or other activities that could increasehealth risks. Any measures taken must not lead to unacceptable environmental strains on theatmosphere, soils, water bodies or groundwater.

6.2 Agreement

By adopting the TRAS the Participating States agree to:

Participate in the work of the RWG on the TRAS; Share information and experiences on the implementation of relevant IMO and ILO

Conventions on maritime safety and security; Strengthen NWGs to ensure integration of the TRAS' Objectives and Priority Actions into

national plans; and Develop or incorporate into existing national plans activities in accordance with the Priority

Actions agreed in the TRAS

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1-1

SUPPLEMENT 1PRIORITY ACTIONS

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No. Priority Actions Activities Expected Results InputRequirements

Deadline Applicable Co

dangers to coastline or relatedinterests from pollution by oil orother substances following amaritime casualty.

INTERVEConventioProtocols

20 Ratification of BUNKER Convention of 2001. A. Conduct a cost-benefit analysis onadopting BUNKER 2001;

B. Development and adoption of

national legislation on compensationto persons who suffer damagecaused by spills of oil, when carriedas fuel in ships' bunkers.Subsequent submission of Instrument of Ratification to theIMO.

Cost-benefit analysison ratifying BUNKER2001 conducted;

BUNKER 2001 ratifiedby Partner States.

TA support 2020 Littoral States Black andwhich hav

BUNKER2001 yet.

21 By 2015, all Partner States should be bound byall the relevant international Conventions andregional Conventions, Treaties and Agreementsfor the Black and Caspian Seas related to theprotection of the marine environment.

A. Support Partner States in theratification and implementation of relevant Conventions, Treaties andAgreements for the protection of themarine environment;

B. Conduct a cost-benefit analysis onadopting the Conventions, Treatiesand Agreements, respectively;

Conventions, Treaties,and Agreementsratified andimplemented;

Cost-benefit analysisconducted;

TA support 2015 All Participatin

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No. Priority Actions Activities Expected Results InputRequirements

Deadline Applicable Co

on Security in Ports approach to port securityamongst Participating States.

B. Establish methods for identifyingpotential weaknesses in a portssecurity and outline securityroles, tasks and measures todeter, detect and respond to

unlawful acts against portsserving international traffic andmaritime operations.

measures enhancedand aligned.

27 Promote the adoption of a MoU on Port Security A. Establish a MoU on Port Securityon the basis of ILO/IMO's Codeof Practice on Security in Ports;

B. Develop and implement acommon monitoring system onsecurity of ports and ships viathe SASEMAS.

Port securityproceduresharmonised andaligned.

TA support 2015 All Participatin

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2-1

SUPPLEMENT 2STATUS OF IMPLEMENTATION OF RELATED CONVENTIONS

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2-2

Table 4: Status of Implementation of Related Conventions

A z e r

b a

i j a n

B u l g a r i a

G e o r g

i a

K a z a

k h s t a n

M o l d o v a

R o m a n

i a

R u s s

i a n

F e d e r a

t i o n

T u r k e y

T u r k m e n

i s t a n

U k r a i n e

IMO Convention 48 X X X X X X X X X X

IMO amendments 91 X X X X X

IMO amendments 93 x X X X X X

SOLAS Convention 74 X X X X X X X X X X

SOLAS Protocol 78 X X X X X

SOLAS Protocol 88 X X X X X X X X

Stockholm Agreement 96

LOAD LINES Convention 66 X X X X X X X X X X

LOAD LINES Protocol 88 X X X X X X X

TONNAGE Convention 69 X X X X X X X X X X

COLREG Convention 72 X X X X X X X X X X

CSC Convention 72 X X X X X X

CSC amendments 93 X X

SFV Protocol 93 X

STCW Convention 78 X X X X X X X X X X

STCW-F Convention 95 X X

SAR Convention 79 X X X X X X

STP Agreement 71

STP Protocol 73

INMARSAT Convention 76 X X X X X

INMARSAT OA 76 X X X X X

INMARSAT amendments 94 X X X

INMARSAT amendments 98 X X X

IMSO amendments 2006

IMSO amendments 2008

FACILITATION Convention 65 X X X X X X

MARPOL 73/78 (Annex I/II) X X X X X X X X X X

MARPOL 73/78 (Annex III) X X X X X X X X X

MARPOL 73/78 (Annex IV) X X X X X X X X X

MARPOL 73/78 (Annex V) X X X X X X X X X X

MARPOL Protocol 97 (Annex VI) X X X X X

London Convention 72 X X X X

London Convention Protocol 96 X X

INTERVENTION Convention 69 X X X X

INTERVENTION Protocol 73 X X X

CLC Convention 69 X X X D X

CLC Protocol 76 X X X

CLC Protocol 92 X X X X X X X X X

FUND Convention 71 d

FUND Protocol 76 X

FUND Protocol 92 X X X X

FUND Protocol 2003

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2-3

A z e r b a

i j a n

B u

l g a r i a

G e o r g

i a

K a z a

k h s t a n

M o

l d o v a

R o m a n

i a

R u s s

i a n

F e

d e r a

t i o n

T u r k e y

T u r k m e n

i s t a n

U k r a

i n e

NUCLEAR Convention 71 X

PAL Convention 74 X X X

PAL Protocol 76 X X X

PAL Protocol 90

PAL Protocol 02

LLMC Convention 76 X X X X X

LLMC Protocol 96 X X X X

SUA Convention 88 X X X X X X X X X X

SUA Protocol 88 X X X X X X X X X X

SUA Convention 2005 XSUA Protocol 2005

SALVAGE Convention 89 X X X X

OPRC Convention 90 X X X X X X

HNS Convention 96 X

OPRC/HNS 2000

BUNKERS CONVENTION 01 X X X X

ANTI FOULING 01 X X

BALLASTWATER 2004

NAIROBI WRC 2007

HONG KONG CONVENTION ONSHIP RECYCLING (2009)

BUCHAREST CONVENTION X X X X X x

TEHRAN CONVENTION X X X x

WATER CONVENTION X X X X X x

ESPOO CONVENTION X X X X x

AARHUS CONVENTION X X X X X x x

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