Agreement
The Republic of Bulgaria, Georgia, Romania, the Russian Federation, the Republic of Turkey, Ukraine hereinafter referred to as the Parties,Reaffirming their dedication to the purposes and principles provided by the United Nations Charter,
Believing that co-operation and dialogue between the Black Sea Littoral States must be further developed, Willing to contribute to regional security and stability and to strengthen good neighborly relations,
Desiring to provide a framework for co-operation among the Black Sea Littoral States,
Have agreed as follows:
Article I
Establishment
The Parties establish the Black Sea Naval Cooperation Task Group (BLACKSEAFOR).
Article II
Principles
- The Parties undertake that the activities of the BLACKSEAFOR are consistent with the purposes and the principles of the United Nations Charter.
- The activity of the BLACKSEAFOR is neither directed against any state nor intended to form a military alliance against any state or a group of states.
- The activity of the BLACKSEAFOR contributes to the efforts geared towards strengthening co-operation and good neighborly relations among nations.
- The BLACKSEAFOR is a regional, stand-alone and at the same time a transparent arrangement.
- The provisions of this Agreement do not affect in any way the rights and obligations of the Parties deriving from other international agreements.
- All decisions regarding the BLACKSEAFOR will be taken by consensus by the Parties.
- The BLACKSEAFOR as an On-Call Force will be activated, as a rule, at least once a year.
- The Parties will respect the environment protection requirements and will take all possible measures to protect the environment during the activity of the BLACKSEAFOR.
Article III
Definitions
For the purposes of this Agreement certain terms, definitions and abbreviations are used. The list of these terms, definitions and abbreviations is set forth in Annex F to this Agreement.
Article IV
Aims And Tasks
- The BLACKSEAFOR is established in order to contribute to the further strengthening of friendship, good relations and mutual confidence among the Black Sea littoral states as well as to improve peace and stability in the region, through the enhancement of co-operation and interoperability among the naval forces.
- The tasks of the BLACKSEAFOR are:
- Search and Rescue (SAR) Operations;
- Humanitarian Assistance (HA) Operations;
- Mine Counter Measures (MCM) ;
- Environmental Protection Operations;
- Goodwill visits;
- Any other tasks agreed by all the Parties.
- The BLACKSEAFOR will conduct exercises, in order to increase its efficiency and interoperability in the execution of the above mentioned tasks.
Article V
Composition
- The BLACKSEAFOR is composed of naval elements only, without direct participation from air or army services. It can be supported by elements from other services as and if necessary.
- Units allocated to the Force remain at their permanent home base locations and they will come together to form the appropriate force for exercises and training activities in accordance with jointly prepared programs, and for contingencies should there be a decision by the Parties to that effect.
- The BLACKSEAFOR is composed of minimum 4-6 ships from the Parties, including one command and control ship.
- Main classes of the warships that could be allocated to the BLACKSEAFOR are:
- Frigate/destroyer,
- Corvette/patrol boat,
- Minesweeper,
- Amphibious ships,
- Auxiliary ships and vessels.
- For the purposes of this Agreement, the flag and the logo of the BLACKSEAFOR are established. The description and the pictures of the flag and the logo of the BLACKSEAFOR are stipulated in Annex E to this Agreement.
Article VI
Political And Military Consultations And Decision Making
- Political decision-making is carried out through meetings of Foreign/Defense Ministers or their authorized representatives.
- Meetings of Ministers of Foreign Affairs or Ministers of Defense or their authorized representatives focus, as appropriate, on political subjects and political aspects of the BLACKSEAFOR activities as well as the overall political guidance for the Black Sea Naval Commanders Committee (BSNC). The meetings of Foreign/Defense Ministers may consider on the basis of consensus the requests of other states, who are willing and able, to become a Party to the BLACKSEAFOR. Ministers may task ad hoc subordinate groups composed of senior level experts from the MFA and MOD to work on specific issues, when required.
- Political consultations are carried out by duly authorized government representatives of the Parties. High level military consultations are carried out by the Chiefs of General Staffs or their representatives.
- The meetings of Ministers, Chiefs of General Staff or their representatives take place in principle annually and/or in response to an invitation by one of the Parties.
- The BSNC is established as the executive body for control, and overall guidance for the deployment, employment and other activities of the BLACKSEAFOR. Terms of Reference (TOR) for the BSNC is in Annex A to this Agreement.
Article VII
Deployment And Employment
- The BLACKSEAFOR is intended to be used in the Black Sea and if required, could be deployed elsewhere should the Parties so choose through a decision by consensus.
- The activation program for the coming year is approved by the Foreign/Defense Ministers or their authorized representatives at their meetings or in case of absence of a meeting through the silence procedure.
- A request for an unscheduled activation of the BLACKSEAFOR might be made by any one of the Parties. For such cases, activation decision based on consensus of the Parties is required in order to activate the BLACKSEAFOR. After the deployment decision by the Parties, they must make their contributions available for the Force within the time frame suggested by the Commander of the Black Sea Naval Co-operation Task Group (COMBLACKSEAFOR)/ Operational Control Authority of the Black Sea Naval Co-operation Task Group (OPBLACKSEAFOR). Participation with a specific unit for a specific unplanned operation is a decision of each Party.
- The BLACKSEAFOR may also be available for employment in the UN or the OSCE-mandated operations. It could also participate in other types of international activities in accordance with the aims and tasks of the BLACKSEAFOR. The Parties approve their participation within the BLACKSEAFOR in such activities in accordance with their national legislation.
- Parties which decide to participate within the framework of the BLACKSEAFOR in the UN or the OSCE-mandated operations will complete all official procedures required by the UN or the OSCE regulations.
- Each Party has the right to withdraw its forces and/or personnel at any time during the activation. In such a case the Party that intends to withdraw its forces and/or personnel has to inform the other Parties in advance.
Article VIII
Command And Control
- The Parties retain full command of their ships allocated to the BLACKSEAFOR. Therefore, ships may be withdrawn for national purposes at any time, provided that the other Parties are informed.
- The BLACKSEAFOR is under the operational command (OPCOM) of the Black Sea Naval Commanders Committee (BSNC), that is responsible for the overall planning of the BLACKSEAFOR activities.
- The BSNC delegates operational control (OPCON) to a flag officer named as OPBLACKSEAFOR and nominated by the Party, which the Commander of BLACKSEAFOR (COMBLACKSEAFOR) is from.
- In case COMBLACKSEAFOR is withdrawn by his/her state for any reason and from any operation, including the UN or OSCE-mandated operations, operational control of the BLACKSEAFOR will be assumed according to the rotation principle by the representative of the next Party.
- Tactical command (TACOM) of the BLACKSEAFOR rests with its Commander.
- The Command Structure and Illustrative Annual Working Program of the BLACKSEAFOR are specified in Annex D to this Agreement.
Article IX
COMBLACKSEAFOR And Staff
- The COMBLACKSEAFOR is a naval officer of the rank of Rear Admiral or Captain from the designated Party approved by the BSNC. To provide for continuity of command for planning and operations, the COMBLACKSEAFOR will normally be appointed for a period of one year. The position shall rotate in the alphabetical order among Parties, which provide ships to the Force, starting with the Depositary. The COMBLACKSEAFOR will be directly responsible to the OPBLACKSEAFOR.
- The COMBLACKSEAFOR has an international staff. The COMBLACKSEAFOR is assisted by a naval officer as the BLACKSEAFOR Chief of Staff (COS). The COS is normally designated from the Party that follows the COMBLACKSEAFOR`s Party, unless otherwise decided by the Parties. The term of assignment is for one year. The remainder of staff officers normally consists of one officer from the other Parties.
Article X
Language And Documents
- English will be working language for the BLACKSEAFOR
- English will be working language for the BLACKSEAFORAll the Terms of References (TORs) except for the BSNC and the Planning Group are developed by the Planning Group as required and approved by the BSNC.
- Tactical manuals, prepared by the Planning Group and approved by the BSNC, are used for planning and conducting of the exercises, training activities and operations. TOR for the Planning Group is at Annex B.
Article XI
Information Security
- Confidential information is transferred only through diplomatic channels or through channels approved by the Designated Authorities of the Parties. Such information will bear the level of classification denoted by the issuing Party.
- All confidential information exchanged or generated in connection with this Agreement will be used, transmitted, stored, handled and safeguarded in accordance with the applicable national rules and regulations of the receiving Party, commensurate with the classification denoted by the issuing Party.
- The Parties will not release confidential information exchanged and/or generated under this Agreement to any third side without the written consent of all Parties.
- All confidential information exchanged and/or generated under this Agreement will continue to be protected, for the period of time declared by its originator, in the manner and by the means stipulated in the national legislation of each Party in case of withdrawal by any Party or upon termination of this Agreement.
Article XII
Logistics
- Logistics, in principle, is a national responsibility. Each Party is responsible for the logistic support of its own assets. The Parties organize and equip their own assets in order to achieve interoperability.
Article XIII
Legal Issues
- The status of forces is defined in Annex C to this Agreement.
- Special agreements, on a case-by-case basis, shall specify the status of forces when the BLACKSEAFOR is deployed out of the Black Sea.
Article XIV
Financial Issues
- All the expenses related to the BLACKSEAFOR activity will be a national responsibility except the ones, which are indicated in the paras 3 – 6 of this Article.
- Expenses for the fuel, water, oil, food and telephone will be paid by each Party according to the existing bilateral agreements if any or arrangements between the Parties.
- Accommodation and food expenses of the liaison officers, normally one representative from each state, who will work in the Headquarters of the OPBLACKSEAFOR during the activation will be covered by the state of the OPBLACKSEAFOR.
- Accommodation and food will be provided free of charge for the COMBLACKSEAFOR Staff during their employment onboard the Command Ship.
- The expenditures for all social events of the COMBLACKSEAFOR and office equipment will be covered by the state that holds the command of the BLACKSEAFOR.
- During the port visits the Host Party will cover the expenses which are indicated below :
- Mooring, buoying or make landings,
- Pilotage, tugs and related service ,
- Refuse disposal,
- Using piers, crane services.
- Terms of payments related to the BLACKSEAFOR activity will be specified by the Planning Group.
Article XV
Settlement Of Disputes
- Disputes arising from the interpretation or application of this Agreement shall be settled by consultation among the Parties, without recourse to outside jurisdiction.
- In the event that one of the Parties concludes that another Party is not complying with the provisions of this Agreement, the Party has the right to raise the issue at the BSNC, or through the BSNC to refer the issue to the proper authorities, mentioned in Article VI. Consultations among the Parties will begin 30 days after the receipt of formal written notification thereof.
Article XVI
Ratification, Depositary, Entry Into Force And Provisional Application
- This Agreement is subject to ratification by each Signatory State in accordance with its national legal procedures.
- Thirty days after four Signatory states have deposited their instruments of ratification this Agreement shall enter into force among them.
- For the remaining Signatory States it will enter into force thirty days after the deposit of their instruments of ratification.
- To facilitate the implementation of this Agreement, its provisions will be provisionally applied, in order to be ready to carry out the tasks specified in Article IV, para 2. a to e. Without detriment to para 1 of this Article each Party will apply this Agreement provisionally to the extent it is consistent with its domestic legislation.
- Instruments of ratification shall be deposited with the Government of Turkey hereinafter referred as the Depositary.
- The Depositary will notify each Signatory State about the deposition of each instrument of ratification and the entering into force of this Agreement.
- The Depositary will inform the UN Secretary General about the signing of this Agreement and will ask it to be registered pursuant to Article 102 of the Charter of the United Nations.
Article XVII
Amendments
- Any Party may propose amendments to this Agreement in writing at any time. The text of each proposed amendment will be submitted to the Depositary which will circulate it to all Parties for consideration.
- Any amendment to this Agreement will be subject to the approval of the Parties either by providing in writing the notification of the approval to the Depositary within 90 days after receipt of the proposed amendment, or by expressing their approval at the meetings mentioned in para 1 of Article VI.
- Any amendment approved in accordance with para 2 of this Article will be subject to ratification by the Parties and will enter into force 30 days after the deposit of all instruments of ratification by the Parties.
Article XVIII
Duration, Prologation And Withdawal
- This Agreement is valid for ten years provided that a minimum number of the Parties to the Agreement are four (4) Black Sea littoral states. The Agreement will be automatically prolonged for subsequent ten-year periods unless otherwise decided by the Parties.
- Any Party may withdraw from the present Agreement at any time.
- The decision to withdraw from this Agreement will be communicated in writing by this Party to the Depositary at least 6 months in advance of the date of its intended withdrawal. The Depositary will immediately inform the other Parties of such notice.
- The withdrawal shall take effect from the date notified by the withdrawing Party. After the expiration of this period, the Agreement will cease to be in force as regards the Party that withdrew from it, but it will continue to be in force for the other Parties, in accordance with paragraph 1 of this Article.
- If, on the date of withdrawal, there are still financial issues or claims under this Agreement which affect the withdrawn Party and which are not settled yet, only the respective provisions of the present Agreement will be considered to be in force for the withdrawn Party, until these issues or claims are definitively settled.
- In the case of termination of this Agreement the dispositions of Annex C shall remain in force between the Parties concerned until all issues or claims arising from those dispositions are definitely settled.
Article XIX
Participation Of The Third States In The Activities
- The BLACKSEAFOR is open for participation of third state(s) able and willing to contribute constructively to the BLACKSEAFOR tasks.
- Upon application of a particular State to participate in any BLACKSEAFOR activity the matter will be discussed by the appropriate authorities of the Parties.
- The decision for participation of third state(s) is taken in accordance with para 6 of Article II of this Agreement.
- The BSNC may consider on the basis of consensus the requests of other states for co-operation with the BLACKSEAFOR and may also ask any third state(s) to take part in any BLACKSEAFOR activity.
- Modalities of such participation will be defined and agreed between the Parties and the participating state(s).
Article XX
Annexes
The following annexes constitute an integral part of the present Agreement:
- Annex A: Terms of Reference of BSNC
- Annex B: Terms of Reference of Planning Group
- Annex C: Status of Forces
- Annex D: Command Structure Scheme and Illustrative Annual Working Program
- Annex E: Description and the picture of the BLACKSEAFOR Flag and Logo
- Annex F: Definitions and Abbreviations
Article XXI
Text
This Agreement, done in one original in Bulgarian, Georgian, Romanian, Russian, Turkish, Ukrainian and English languages, all texts being equally authentic, and signed in İstanbul on 2 April 2001, shall remain deposited in the archives of the Depositary. Duly certified copies of this Agreement shall be transmitted by the Depositary to all the Parties. In case of controversy the English text shall prevail.


