)MV1I SS IONEN FOR DE EUROPÆISKE FÆLLESSKABER 
K0M(94) 199 ende I i g udø. 
Bruxelles, den 30.05.Î994 
Forslag ti I 
RÅDETS AFGØRELSE 
om undertegnelse af konventionen 
om samarbejde ved beskyttelse og bæredygtig udnyttelse 
af Donau 
(forelagt af Kommissionen) 
^L^N 
BEGRUNDELSE 
1. Donau er en af de længste floder i Europa. Den gennemløber adskillige 
lande over 2 800 km. 
Donau-bassinet, hvis overflade overstiger 800 000 km2, forsyner en 
befolkning på omkring 80 mio. indbyggere med drikkevand. Den anvendes 
ligeledes til kunstvanding, i industrien, energisektoren, 
transportsektoren og ti I fritidsformål. 
2. En konventionen mellem Forbundsrepublikken Tyskland og Det Europæiske 
Økonomiske Fællesskab på den ene side og Republikken Østrig på den 
anden side, om samarbejde om forvaltning af vandressourcerne i Donau­
bassinet blev den 1.12.1987 undertegnet i Regensburg og ratificeret 
den 22.3.1990 (afgørelse 90/160/EØF)?1). 
3. Dette forslag til Rådets afgørelse vedrører undertegnelse af 
konventionen om samarbejde om beskyttelse og bæredygtig udnyttelse af 
Donau (forkortet: konventionen om beskyttelse af Donau), der indgår i 
rammerne af konventionen om beskyttelse og udnyttelse af 
grænseoverskridende vandløb og internationale søer, der blev 
forhandlet af Den Økonomiske Kommission for Europa (FN) og 
undertegnet i Helsinki den 18. marts 1992. Der blev i Juni 1993(2' 
forelagt Rådet et forslag til afgørelse om indgåelse på Fællesskabets 
vegne af den pågældende konvention. 
4. Hovedformålet med konventionen om beskyttelse af Donau er at 
fastlægge en ramme for bi- eller multilateralt samarbejde, for at 
beskytte vandmiljøet, forebygge og bekæmpe forureningen af Donau og 
sikre en bæredygtig udnyttelse af vandressourcer i de lande, der 
Iigger ved floden. 
L 90 af 9.4.1990. 
(2) KCU(93) 271 «ndallg udg. 
-d-^ 
S. Den pågældende konventions anvendelsesområder vedrører i det mindste 
delvis Fællesskabets kompetence med hensyn til forskrifter på 
vandområdet» der er særlig righoldig, både for så vidt angår 
direktiver og konvent ioner og aftaler om nogle europæiske floder, som 
Fællesskabet er kontraherende par l. 
6. Rådet gav på sit 1598. møde den 13. og 14. Juli 1992 Kommissionen et 
forhandlingsmandat for på Fællesskabets vegne at deltage i arbejdet 
med udarbejdelse af en konvention om beskyttelse af Donau. 
7, Kommissionen har siden starten deltaget I arbejdsgruppens arbejde, 
der skal udarbejde et udkast tit konvent ton, og den har spillet en 
vigtig rolle i forhandlingerne, navnlig på grundtag af Fællesskabets 
gældende lovgivning på vandområdet og takket være dens erfaring med 
allerede Indgåede, særkonvent ioner (om Rhinen, Elben, 
grænseoverskridende vandløb og Internationale søer) elier med dem, 
der er under udarbejdelse om andre europæiske floder (Oder, Donau). 
8. Konvent tonen er åben for undertegnelse t Sofia den 29. Juni 1994. 
Rådet anmodes derfor om at bemyndige formanden ttl at udpege den/de 
personer, der har bemyndigelse tit at undertegne denne konvention på 
F*lleaskabets vegne. 
XI/Bel/fcJ-OA 
^c 
FORSLAG TIL RÅDETS AFGØRELSE 
om undertegnelse af konventionen 
om samarbejde ved beskyttelse og bæredygtig udnyttelse 
af Donau 
RÅDET FOR DEN EUROPÆISKE UNION HAR -
Under henvisning til Traktaten om oprettelse af Det Europæiske 
Fællesskab, 
under henvisning til forslag fra Kommissionen ror de Euroociske 
Fclleskaber, og 
ud fra følgende betragtninger: 
Kommissionen har på Fællesskabets vegne deltaget i arbejdsgruppen 
vedrørende forhandlingerne om udarbejdelse af en konvention om 
samarbejde om beskyttelse og bæredygtig udnyttelse af Donau; 
nogle af nævnte konventions anvendelsesområde henhører i det mindste 
delvis under Fællesskabets kompetenceområde; 
Kommissionen har meddelt Rådet resultatet af forhandlingerne for at det 
kan træffe endelig afgørelse; 
konventionen vil være åben for undertegnelse på den konference, der 
bliver afholdt i Sofia den 29. juni 1994; 
det er vigtigt at denne konvention med forbehold af senere indgåelse, 
kan undertegnes af Fællesskabet -
TRUFFET FØLGENDE AFGØRELSE. 
Rådets formand bemyndiges til at udpege den (de) person(er), der er 
beføjet til på Fællesskabets vegne og under forbehold af senere 
indgåelse at undertegne konventionen om samarbejde ved beskyttelse og 
bæredygtig udnyttelse af Donau og giver vedkommende de hertil nødvendige 
beføjelser. 
Udfærdiget i Bruxelles 
På Rådets vegne 
Formand 
~ù- d 
DRAFT DDCWM. Final 
(H<3UcU \<\<Ut) 
CONVENTION ON COOPERATION 
FOR THE PROTECTION AND SUSTAINABLE USE 
OF THE DANUBE RIVER 
(Danube River Protection Convention) 
CONTENTS PAGE 
Table of contents 
Preamble 
Part I: General Provisions 
Article 1: Definitions 
Article 2: Objectives and principles of cooperation 
Article 3 : Scope 
Article 4: Forms of Cooperation 
Part II; Multilateral Cooperation 
Article 5: Prevention, control and reduction 
of transboundary impact 
Article 6: Specific water resources protection measures 
Article 7: Emission limitation; water quality 
objectives and criteria 
Article 8: Emission inventories, action 
programmes and progress reviews 
Article 9: Monitoring programmes 
Article 10: Obligations of reporting 
Article 11: Consultations 10 
10 
11 
12 
14 
14 
16 
17 
RA/ Kit 675 
- 2 
PAGE 
Article 12: 
Article 13: 
Article 14: 
Article 15: 
Article 16: 
Article 17: Exchange of information 
Protection of information supplied 
Information to the Public 
Research and development 
Communication, warning and alarm 
systems, emergency plans 
Mutual assistance 17 
19 
19 
21 
21 
22 
Part III: International Commission 
Article 18: Establishment, tasks and 
competences 
Article 19: Transition concerning the 
Bucharest-Declaration 23 
23 
24 
Part IV: Procedural and final clauses 
Article 20: Validity of the Annexes 
Article 21: Existing and supplementary 
Agreements 
Article 22: Conference of the Parties 
Article 23 : Amendments to the Convention 
Article 24: Settlement of disputes 
Article 25: Signature 
Article 26: Ratification, acceptance or approval 
Article 27: Entry into force 
Article 28: Accession, participation 
Article 29: Withdrawal 
Article 30: Functions of the depositary 
Article 31: Authentic texts, depositary 24 
24 
25 
25 
26 
27 
28 
28 
28 
29 
29 
29 
30 
RA/ Kit 675 
PAGE 
Annex I: 
/Part 1: 
/Part 2: Best available techniques 
Best environmental practice 31 
31 
32 
Annex II: Industrial sectors and 
hazardous substances 
/Part 1: list of industrial 
sectors and industries 
/Part 2: guiding list of hazardous substances 
and groups of substances 33 
33 
37 
Annex III: General guidance on water quality 
objectives and criteria 39 
Annex IV: Statute of the International 
# Commission for the Protection 
of Danube River 40 
Annex V: Arbitration 46 
(2) RA/ KM 675 
- 4 -
PfttjiiwK] o 
The Contracting Parties, 
Determined by the strong intention to intensify their water management coope­
ration in the field of water protection and water use; 
Concerned over the occurrence and threats of adverse effects, in the short or 
long term, of changes in conditions of watercourses within the Danube River 
Basin on the environment, economies and well-being of the Danubian States; 
Emphasizing the urgent need for strengthened domestic and international measu­
res to prevent, control and reduce significant adverse transboundary impact 
from the release of hazardous substances and of nutrients into the aquatic en­
vironment within the Danube Basin with due attention also given to the Black 
Sea; + 
Commending the measures already taken on the domestic initiative of Danubian 
Countries and on the bilateral and multilateral level of their cooperation as 
well as the efforts already undertaken within the CSCE-process, by the United 
Nations Economic Commission for Europe and by the European Community to pro­
mote the cooperation, on bilateral and multilateral levels, for the prevention 
and control of transboundary pollution, sustainable water management, rational 
use and conservation of water resources; 
Referring in particular to the Convention on the protection and use of trans­
boundary watercourses and international lakes of 17 March 1992 as well as the 
existing bi- and multilateral cooperation among Danubian States, which will be 
continued and duly taken into account by the cooperation of all Danubian Sta­
tes, as well as pointing to the Convention on the protection of the Black Sea 
against pollution of 21 April 1992; 
RA/ Kit 675 
- 5 -
striving at a lasting improvement and protection of Danube River and of the 
waters within its catchment area in particular in the transboundary context 
and at sustainable water management taking duly into account the interests of 
the Danubian States in the field of water use and at the same time contri­
buting to the protection of the marine environment of the Black Sea; 
Bttv« Agreed as follows: 
PART I 
GENERAL PROVISIONS 
Article i 
DEFINITIONS 
For the purposes of this Convention: 
(a) "Danubian States'* mean sovereign States sharing a considerable part of 
the hydrologicai catchment area of the Danube River. As considerable part 
there is assumed a share exceeding 2000 km3 of the total hydrologicai 
catchment area. 
(b) "Catchment area" of the Danube River means the hydrologicai river basin 
as far as it is shared by the Contracting Parties. 
(c) "Transboundary impact" means any significant adverse effect on the rive­
rine environment resulting from a change in the conditions of waters cau­
sed by human activity and stretching out beyond an area under the juris­
diction of a Contracting Party. Such changes may affect life and proper­
ty, safety of facilities and the aquatic ecosystems concerned. 
RA/ KM 675 
(d) "Hazardous substances" means substances which have toxic, cancerogenic, 
mutagenic, teratogenic or bioaccumulative effects, in particular those 
being persistent and having significant adverse impact on living orga­
nisms. 
(e) "Substances hazardous to water" means substances the hazard potential of 
which to water resources is extraordinarily high so that their handling 
requires special preventive and protective measures; 
(f) "Point and non-point sources of water pollution" means the sources of 
pollutants and nutrients the input of which to waters is caused either by 
locally determined discharges (point source) or by diffuse effects being 
wide spread over the catchment areas (non-point sources); 
(g) "Water balance" means the relationship characterising the natural water 
household of an entire river basin as to its components (precipitation, 
evaporation, surface and underground run-off). In addition a component of 
current man-made effects originating from water use and influencing water 
quantity is included. 
(h) "Connecting data" means summarised data derived from upstream water ba­
lances as far as being relevant as an input necessary for the elaboration 
of downstream water balances and of a general water balance for the Danu­
be River. To this extent connecting data cover the components of the wa­
ter balance for all significant transboundary waters within the catchment 
area of the Danube River. Connecting data refer to cross sections of 
transboundary waters where they mark, cross or are located on boundaries 
between the Contracting Parties. 
• 
(i) "International Commission" means the organisation established by Article 
18 of this Convention. 
RA/ Kit 675 
- 7 
Article 2 
OBJECTIVES AND PRINCIPLES 
OF COOPERATION 
(1) The Contracting Parties shall strive at achieving the goals of a sustain­
able and equitable water management, including thé conservation, improvement 
and the rational use of surface waters and ground water in the catchment 
area as far as possible. Moreover the Contracting Parties shall make all ef­
forts to control the hazards originating from accidents involving substances 
hazardous to water, floods and ice-hazards of the Danube River. Moreover they 
shall endeavour to contribute to reducing the pollution loads of the Black Sea 
from sources in the catchment area. 
(2) The Contracting Parties pursuant to the provisions of this Convention 
shall cooperate on fundamental water management issues and take all appropri­
ate legal, administrative and technical measures, to at least maintain and im­
prove the current environmental and water quality conditions of the Danube Ri­
ver and of the waters in its catchment area and to prevent and reduce as far 
0 as possible adverse impacts and changes occurring or likely to be caused. 
(3) To this end the Contracting Parties, taking into account the urgency of 
water pollution abatement measures and of rational, sustainable water use, 
shall set priorities as appropriate and shall strengthen, harmonise and coor­
dinate measures taken and planned to be taken at the domestic and internatio­
nal level throughout the Danube Basin aiming at sustainable development and 
environmental protection of the Danube River. This objective in particular is 
directed to ensure the sustainable use of water resources for municipal, in­
dustrial and agricultural purposes as well as the conservation and restaura­
tion of ecosystems and to cover also other requirements ocurring as to public 
health. 
(4) The Polluter pays principle and the Precautionary principle constitute a 
basis for all measures aiming at the protection of the Danube River and of the 
waters within its catchment area. 
RA/ Kit 675 
- 8 -
(5) Water management cooperation shall be oriented on sustainable water mana­
gement, that means on the criteria of a stable, environmentally sound 
development, which are at the same time directed to: 
- maintain the overall quality of life; 
- maintain continuing access to natural resources; 
- avoid lasting environmental damage and protect ecosystems; 
- exercise preventive approach. 
(6) The application of this Convention by no means shall cause any signifi­
cant direct or indirect increase of impacts to the riverine environment. 
(7) Bach Contracting Party has the right to adopt and implement measures be­
ing more stringent than those resulting from the provisions of this Conven­
tion. 
Article 3 
SCOPE 
0 
(1) This Convention applies to the catchment area of the Danube River as de­
fined under Article 1, paragraph (b). 
(2) Subject to this Convention in particular shall be the following planned 
activities and ongoing measures as far as they cause or are likely to cause 
transboundary impacts: 
(a) the discharge of waste waters, the input of nutrients and hazardous sub­
stances both from point and non-point sources as well as heat discharge; 
(b) planned activities and measures in the field of water construction works, 
in particular regulation as well as run-off and storage level control of 
water courses, flood control and ice-hazards abatement, as. well as the 
effect of facilities situated in or aside the watercourse on its hydraulic 
regime; 
RA/ Kit 675 
9 -
(c) other planned activities and measures for the purposes of water use, such 
as water power utilization, water transfer and withdrawal; 
(d) the operation of the existing hydrotechnical constructions e.g. reser­
voirs, water power plants; measures to prevent environmental impact inclu­
ding: deterioration in the hydrological conditions, erosion, abrasion, 
inundation and sediment flow; measures to protect the ecosystems; 
(e) the handling of substances hazardous to water and the precautionary pre­
vention of accidents. 
i 
(3) This Convention is applicable to issues of fishery and inland navigation 
as far as problems of water protection against pollution caused by these acti­
vities are concerned. 
Article 4 
FORMS OF COOPERATION 
The forms of cooperation under this Convention as a rule are the following: 
(a) consultations and joint activities in the framework of the International 
Commission pursuant to the provisions of this Convention; 
(b) exchange of information on bi- and multilateral agreements, legal regu­
lations and on measures in the field of water management; exchange of le­
gal documents and directives and of other publications; other forms for 
the exchange of information and experiences. 
RA/ Kit 675 
10 -
?*v% II; 
MULTILATERAL COOPERATION 
Article 5 
PREVENTION, CONTROL AND REDUCTION 
OF TRANSBOUNDARY IMPACT 
(1) The Contracting Parties shall develop, adopt and implement relevant 
legal, administrative and technical measures as well as provide for the 
domestic preconditions and basis required in order to ensure efficient water 
quality protection and sustainable water use and thereby also to prevent, 
control and reduce transboundary impact. 
(2) To this end the Contracting Parties shall separately or jointly take in 
particular the measures indicated below: 
(a) Record conditions of natural water resources within the Danube River 
catchment area applying agreed quantity and quality parameters including 
the methodology concerned. 
(b) Adopt legal provisions providing for requirements including time limits 
to be met by waste water discharges. 
(c) Adopt legal provisions for the handling of substances hazardous to water. 
(d) Adopt legal provisions for reducing inputs of nutrients or hazardous sub­
stances from non-point sources, especially for the application of nutri­
ents as well as of plant protection agents and pesticides in agriculture. 
RA/ Kit 675 
-Il­
te) With the aim of harmonising these regulations at a high level of pro­
tection as well as for the harmonised implementation of corresponding 
measures the Contracting Parties shall take into account results and pro­
posals put forward by the International Commission. 
(f) The Contracting Parties shall cooperate and take appropriate measures to 
avoid the transboundary impacts of wastes and hazardous substances in 
particular originating from transport. 
Artiçl«, 6 
SPECIFIC WATER RESOURCES PROTECTION MEASURES 
The Contracting Parties shall take appropriate measures aiming at the preven­
tion or reduction of transboundary impacts and at a sustainable and equitable 
use of water resources as well as at the conservation of ecological resources, 
especially: 
(a) enumerate groundwater resources subject to a long-term protection as well 
as protection zones valuable for existing or future drinking water supply 
0 purposes; 
(b) prevent the pollution of ground-water resources, especially those in a 
long-term perspective reserved for drinking water supply, in particular 
caused by nitrates, plant protection agents and pesticides as well as other 
hazardous substances; 
(c) minimise by preventive and control measures the risks of accidental pol­
lution; 
(d) take into account possible influences on the water quality resulting from 
planned activities and ongoing measures pursuant to Article 3 paragraph 2; 
(e) evaluate the importance of different biotope elements for the riverine eco­
logy and propose measures for improving the aquatic and litoral ecological 
conditions. 
(3) RA/ Kit 675 
12 -
Article 7 
EMISSION LIMITATION; 
WATER QUALITY OBJECTIVES AND CRITERIA 
(1) The Contracting Parties taking into account the proposals from the Interna­
tional Commission shall set emission limits applicable to individual industrial 
sectors or industries in terms of pollution loads and concentrations and based 
in the best possible way on low- and non-waste technologies at source. Where ha­
zardous substances are discharged, the emission limits shall be based on the 
best available techniques for the abatement at source and/or for waste water pu­
rification. For municipal waste water, emission limits shall be based on the ap­
plication of at least biological or an equivalent level of treatment. 
(2) Supplementary provisions for preventing or reducing the release of hazar­
dous substances and nutrients shall be developed by the Contracting Parties for 
non-point sources, in particular where the main sources are originating from 
agriculture, taking into account the best environmental practice. 
• # 
(3) For the purpose of paragraphs 1 und 2 Annex II to this Convention contains 
a list of industrial sectors and industries as well as an additional list of ha­
zardous substances and groups of substances, the discharge of which from point 
and non-point sources shall be prevented or considerably reduced. The updating 
of Annex II lies with the International Commission. 
(4) The Contracting Parties in addition shall, where appropriate, define wa­
ter quality objectives and apply water quality criteria for the purpose of 
preventing, controlling and reducing transboundary impact. General guidance 
for this is given in Annex III, which shall be applied and specified by the 
Contracting Parties both, at the domestic level and jointly, where appropriate. 
(5) Aiming at an efficient limitation of the emissions in areas under their 
jurisdiction the Contracting Parties shall ensure necessary preconditions and 
implementation. 
RA/ Kit 675 
13 -
They shall ensure that: 
(a) the domestic regulations for emission limitation and their level of stan­
dards imposed are harmonised step by step with the emission limitation 
pursuant to this Convention; 
(b) waste water discharges without exception are based on a permit imposed by 
the competent authorities in advance and for a limited period of validity; 
(c) regulations and permits for prevention and control measures in case of 
new or modernised industrial facilities, in particular where hazardous 
substances are involved, are oriented on the best available techniques 
and are implemented with high priority; 
(d) more stringent provisions than the standards - in individual case even 
prohibition - are imposed, where the character of the receiving water and 
of its ecosystem so requires in connection with paragraph 4; 
(e) competent authorities surveille, that activities likely to cause trans­
boundary impacts are carried out in compliance with the permits and pro­
visions imposed; 
(f) environmental impact assessment in line with supranational and interna­
tional regulations or other procedures for evaluation and assessment of 
environmental effects are applied; 
(g) when planning, licencing and implementing activities and measures as re­
ferred to in Article 3, paragraph 2 and in Article 16, paragraph 2 the 
competent authorities take into account risks of accidents involving sub­
stances hazardous to water by imposing preventive measures and by orde­
ring rules of conduct for post accident response measures. 
RA/ Kit« 675 
- 14 -
Article 8 
EMISSION INVENTORIES, ACTION PROGRAMMES 
AND PROGRESS REVIEWS 
(1) The Contracting Parties shall undertake periodically inventories of the 
relevant point and non-point sources of pollution within the catchment area of 
Danube River including the prevention and abatement measures already taken for 
the respective discharges as well as on the actual efficiency of these measu­
res, taking duly into account Article 5, paragraph 2, subpara a. 
(2) Based on that the Contracting Parties shall in stages establish a list 
of further prevention and abatement measures to be taken step by step as far 
as this is necessary for reaching the objectives of this Convention. 
(3) The inventory of emissions and the list of measures to be taken form the 
basis for developing joint action programmes to be developed by the Contrac­
ting Parties taking'into account priorities set in terms of urgency and effi­
ciency. These action programmes in particular shall be aimed at the reduction 
of pollution loads and concentrations both from industrial and municipal point 
sources as well as from non-point sources. They shall inter alia contain the 
prevention and abatement measures including the timing and cost estimates. 
(4) In addition the Contracting Parties shall monitor the progress made in 
the implementation of the joint action programmes by establishing periodical 
progress reviews. These reviews shall contain boÇh, the protection measures 
implemented and the progress made as to the riverine conditions in the light 
of the actual assessment. 
Article 9 
MONITORING PROGRAMMES 
On the basis of their domestic activities, the Contracting Parties shall co­
operate in the field of monitoring and assessment. 
RA/ Kit 675 
- 15 -
(1) For this aim, they shall 
harmonise or make comparable their monitoring and assessment methods as 
applied on their domestic levels, in particular in the field of river 
quality, emission control, flood forecast and water balance, with a view 
to achieving comparable results to be introduced into the joint monito­
ring and assessment activities; 
develop concerted or joint monitoring systems applying stationary or mo­
bile measurement devices, communication and data processing facilities; 
elaborate and implement joint programmes for monitoring the riverine con­
ditions in the Danube catchment area concerning both water quality and 
quantity, sediments and riverine ecosystems, as a basis for the assess­
ment of transboundary impacts such as transboundary pollution and changes 
of the riverine regimes as well as of water balances, floods and ice-ha­
zards; 
# 
develop joint or harmonised methods for monitoring and assessment of wa­
ste water discharges including processing, evaluation and documentation 
of data taking into account the branch-spec!fie approach of emission li­
mitation (Annex II, Part In­
elaborate inventories on relevant point sources including the pollutants 
discharged (emission inventories) and estimate the water pollution from 
non-point sources taking into account Annex II, Part 2; review these do­
cuments according to the actual state. 
(2) In particular they shall agree upon monitoring points, river quality cha­
racteristics and pollution parameters regularly to be evaluated for the Danube 
River with a sufficient frequency taking into account the ecological and hy-
drological character of the watercourse concerned as well as typical emissions 
of pollutants discharged within the respective catchment area. 
RA/ Kit 675 
- 16 -
(3) The Contracting Parties shall establish, on the basis of a harmonised 
methodology, domestic water balances, as well as the general water balance of 
the Danube River Basin. As an input for this purpose the Contracting Parties 
to the extent necessary shall provide connecting data which are sufficiently 
comparable through the application of the harmonised methodology. On the same 
data base water balances can also be compiled for the main tributaries of Da­
nube River. 
(4) They shall periodically assess the quality conditions of Danube River and 
the progress made by their measures taken aiming at the prevention, control 
and reduction of transboundary impacts. The results will be presented to the 
public by appropriate publications. 
Article 10 
OBLIGATIONS OF REPORTING 
0 
The Contracting Parties shall report to the International Commission on basic 
issues required for the Commission to comply with its tasks. These reports 
shall in particular involve: 
(a) reports and documents being foreseen in this Convention or requested by 
the Commission; 
(b) information on the existence, conclusion, amendment or withdrawal of bi­
lateral and multilateral agreements and treaties regulating the pro­
tection and water management of the Danube River and of waters within its 
catchment area or being relevant for questions concerned; 
(c) information on their respective laws, ordinances and other general re­
gulations, regulating the protection and water management of the Danube 
River•and of waters within its catchment area or being relevant for que­
stions concerned; 
RA/ KH 675 
- 17 -
(d) communication, at the latest within an agreed delay after the Internatio­
nal commission has taken its decision, on the way, the timeframe and the 
financial expenses for implementing action-oriented decisions at the do­
mestic level, such as recommendations, programmes and measures; 
(e) designation of competent institutions to be a dressed for cooperation in 
the framework of this Convention by the International Commission or by 
other Contracting Parties; 
(f) communication on planned activities, which for reason of their character 
are likely to cause transboundary impacts. 
Article 11 
CONSULTATIONS 
(1) Having had a prior exchange of information the Contracting Parties invol­
ved shall at the request of one or several Contracting Parties concerned enter 
into consultations on planned activities as referred to in Article 3, para­
graph 2, which are likely to cause transboundary impacts, as far as this ex­
change of information and these consultations are not yet covered by bilateral 
or other international cooperation. The consultations are carried out as a 
rule in the framework of the International Commission, with the aim to achieve 
a solution. 
(2) Prior to a decision on planned activities the competent authorities -
with the exception of pending danger - shall wait for the results of the con­
sultations except the case, that they are not finalised one year after their 
commencement at the latest. 
EXCHANGE OF INFORMATION 
(1) As determined by the International Commission the Contracting Parties 
shall exchange reasonably available data, inter alia, on: 
RA/ Kit 675 
- 18 -
(a) the general conditions of the riverine environment within the catch­
ment area of the Danube River; 
(b) Experience gained in the application and operation of best available 
techniques and results of research and development; 
(c) Emission and monitoring data; 
(d) Measures taken and planned to be taken to prevent, control and redu­
ce transboundary impact; 
(e) Regulations for waste water discharges; 
(f) Accidents involving substances hazardous to water. 
(2) In order to harmonise emission limits, the Contracting Parties shall un­
dertake the exchange of information on their regulations. 
(3) If a Contracting Party is requested by any other Contracting Party to 
provide data or information that is not available, the former shall endeavour 
0 
to comply with the request but may condition its compliance upon the payment, 
by the requesting Party, of reasonable charges for collecting and, where ap­
propriate, processing such data or information. 
(4) For the purposes of the implementation of this Convention, the Contrac­
ting Parties shall facilitate the exchange of best available techniques, par­
ticularly through the promotion of: the commercial exchange of available tech­
niques, direct industrial contacts and cooperation, including joint ventures; 
the exchange of information and experience; and the provision of technical as­
sistance. The Contracting Parties shall also undertake joint training program­
mes and the organisation of relevant seminars and meetings. 
(5) The provisions of this Convention shall not affect the rights or the ob­
ligations of Contracting Parties in accordance with their domestic laws, regu­
lations, administrative provisions or accepted legal practices and applicable 
international regulations to protect information related to personal data, in­
tellectual property including industrial and commercial secrecy, or national 
security. 
RA/ Kit 675 
19 
(6) If a Party nevertheless decides to supply such protected information to 
another Party, the Party receiving such protected information shall respect 
the confidentiality of the information received and the conditions under which 
it is supplied, and shall only use that information for the purposes for which 
it was supplied. 
Article 13 
PROTECTION OF INFORMATION SUPPLIED 
Insofar as pursuant to this Convention industrial and commercial secrets or 
other confidential pieces of information are transmitted in conformity with 
domestic laws, the receiving Contracting Parties shall observe the secrecy of 
this information by not using it for any other purposes than those stipulated 
in this Convention, publishing it, or making it available to third parties. In 
case any one Contracting Party feels unable to comply with this obligation 
regarding confidential information that has been transmitted to it, it shall 
inform the tfransmitting Contracting Party about it without any delay and re­
transmit the transmitted information. Personal data shall be transmitted to 
Contracting Parties in conformity with the domestic law of the transmitting 
Contracting Party. The receiver shall use personal data only for the purpose 
indicated and under the conditions specified by the transmitting side. 
Article 14 
INFORMATION TO THE PUBLIC 
(1) The Contracting Parties shall ensure that their competent authorities are 
required to make available information concerning the state or the quality of 
riverine environment in the Danube Basin to any natural or legal person, with 
payment of reasonable charges, in response to any reasonable request, without 
that person having to prove an interest, as soon as possible. 
RA/ KH 675 
'.••1) 
20 
(2) The information referred to in paragraph 1 of this Article, which is held 
by public authorities, may be given in written, visual, oral or data-based 
form. 
(3) The provisions of this Article shall not affect the right of Contracting 
Parties, in accordance with their domestic legal systems and applicable in­
ternational regulations, to provide for a request for such information to be 
refused where it affects: 
(a) the- confidentiality of the proceedings of public authorities, internatio­
nal relations and national defence; 
(b) public security; 
(c) matters which are or have been "sub judice" or under enquiry including 
disciplinary enquiries, or which are the subject of preliminary procee­
dings ; 
(d) commercial and Industrial confidentiality as well as intellectual proper­
ty; 
(e) the confidentiality of personal data and/or files; 
(f) material supplied by a third party without that party being under a legal 
obligation to do so; • 
(g) material, the disclosure of which would make it more likely that the envi­
ronment to which such material related would be damaged. 
(4) A public authority shall respond to a person requesting information as 
soon as possible. The reasons for a refusal to provide the information reque­
sted must be given in writing. 
RA/ KH 675 
21 
Article 15 
RESEARCH AND DEVELOPMENT 
(1) To further the aims of this Convention, the Contracting Parties shall 
establish complementary or joint programmes of scientific or technical re­
search and, in accordance with a procedure to be regulated by the Internatio­
nal Commission, transmit to the Commission: 
(a) the results of such complementary, joint or other relevant research, the 
access to which is open for public authorities; 
(b) relevant parts of other programmes of scientific and technical research. 
(2) In so doing, the Contracting Parties shall have regard to the work car­
ried out or supported, in these fields, by the appropriate international orga­
nisations and agencies. 
Article 16 
COMMUNICATION, WARNING AND ALARM SYSTEMS, 
EMERGENCY PLANS 
(1) The Contracting Parties shall provide for coordinated or joint communica­
tion, warning and alarm systems in the basin-wide context to the extent this 
is necessary to supplement the systems established and operated at a bilateral 
level. They shall consult on ways and means of harmonising domestic communica­
tion, warning and alarm systems and emergency plans. 
(2) The Contracting Parties shall in the framework of the International Com­
mission inform each other about competent authorities or points of contact 
designated for this purpose in case of emergency events such as accidental 
pollution, other critical water conditions, floods and ice-hazards. Accor­
dingly the competent authorities shall cooperate to establish joint emergency 
plans, where necessary, supplementary to existing plans on the bilateral le­
vel. 
RA/ Kh 675 
- 22 -
(3) If a competent authority identifies a sudden increase of hazardous sub­
stances in the Danube River or in waters within its catchment area or receives 
note of a disaster or of an accident likely to cause serious impact on the 
water quality of Danube River and to affect downstream Danubian States this 
authority shall immediately inform the contact points designated and the In­
ternational Commission according to the way of procedure introduced by the 
Commission. 
(4) In order to control and reduce the risks originating from floods inclu­
ding ice-hazards, the competent authorities shall immediately inform the down­
stream Danubian States likely to be affected and the International Commission 
on the occurrence and run-off of floods as well as on forecasts of ice-
hazards . 
Article 17 
MUTUAL ASSISTANCE 
(1) In the interest of enhanced cooperation and to facilitate compliance with 
obligations of this Convention, in particular where a critical situation of 
riverine conditions should arise. Contracting Parties shall provide mutual as­
sistance upon the request of other Contracting Parties. 
(2) The International Commission shall elaborate procedures for mutual assi­
stance addressing, inter alia, the following issues: 
(a) The direction, control, coordination and supervision of assistance; 
(b) Local facilities and services to be rendered by the Contracting Party re­
questing assistance, including, where necessary, the facilitation of bor­
der-crossing formalities; 
(c) Arrangements for compensating the assisting Contracting Party and/or its 
personnel, as well as for transit through territories of third Contrac­
ting Parties, where necessary; 
(d) Methods of reimbursing assistance services. 
RA/ KH 675 
- 23 
Part III: 
INTERNATIONAL COMMISSION 
Article 18 
ESTABLISHMENT, 
TASKS AND COMPETENCES 
(1) With a view to implementing the objectives and provisions of this Conven­
tion the International Commission for the Protection of the Danube River, re­
ferred to in this Convention as International Commission, shall be' establish­
ed. The Contracting Parties shall cooperate in the framework of the Interna­
tional Commission. For implementing the obligations of the Contracting Parties 
pursuant to Articles 1 to 18 the International Commission elaborates proposals 
and recommendations adressed to the Contracting Parties. 
(2) The structure and the procedures of the International Commission as well 
as its competences are stipulated in detail in Annex IV to this Convention 
constituting the Statute of the Commission. 
(3) In addition to affairs explicitely entrusted the International Commission 
is competent to deal with all other affairs the Commission is entrusted with 
by mandate from the Contracting Parties in the framework of Article 3 of this 
Convention. 
(4) The implementation of decisions taken by the International Commission is 
supported through the obligations of the Contracting Parties for reporting to 
the Commission pursuant to Article 10 as well as through the provisions of 
this Convention concerning the domestic basis and implementation of the multi­
lateral cooperation. 
(5) The International Commission reviews experience acquired implementing 
this Convention and as appropriate submits proposals to the Contracting Par­
ties concerning amendments or additions to this Convention or prepares the ba­
sis for elaborating further regulations on the protection and water management 
of the Danube River and of waters within its catchment area. 
RA/ KH 675 
- 24 
(6) The International Commission decides on the cooperation with internatio­
nal and national Organizations or with other bodies, which are engaged or in­
terested in the protection and water management of the Danube River and of 
waters within its catchment area or in general questions of water protection 
and water management. This cooperation is directed to enhancing coordination 
and to avoiding duplication. 
Article 19 
TRANSITION CONCERNING 
THE BUCHAREST-DECLARATION 
Works as performed by the Contracting Parties in the framework of the Declara­
tion on the cooperation of the Danubian Countries on problems of the Danubian 
water management, in particular for the protection of the Danube River against 
pollution, signed on 13 of December 1985 (Bucharest-Declaration), by the wor­
king groups on water quality, flood information and forecast and water balance 
are transferred to the framework of this Convention. 
Part IV 
PROCEDURAL AND FINAL CLAUSES 
Article 20 
VALIDITY OF THE ANNEXES 
Subject to Article 23, the Annexes I to V form integral parts of this Conven­
tion. 
RA/ KH 675 
- 25 - • 
Article 21 
EXISTING AND SUPPLEMENTARY AGREEMENTS 
The Contracting Parties on the basis of equality and reciprocity shall adapt 
existing bilateral or multilateral agreements or other arrangements, where 
necessary to eliminate contradictions with basic principles of this Conven­
tion, and shall enter into supplementary agreements or other arrangements whe­
re appropriate. 
Article 22 
CONFERENCE OF THE PARTIES 
(1) The Contracting Parties shall meet upon recommendation by the Interna­
tional Commission. 
(2) At such meetings the Contracting Parties shall in particular review po­
licy issues concerning the implementation of this Convention upon the report 
of the International Commission and shall adopt appropriate recommendations or 
0 
decisions. 
(3) The Contracting Party whose head of delegation acts as President of the 
International Commission shall also play the part of the Chairperson of such 
meetings. 
(4) The Conference of the Parties is competent to pass recommendations or 
decisions provided that after regular invitation the delegations from at least 
three quarters of all Contracting Parties are present. Unless otherwise provi­
ded in this Convention, the Conference of the Parties shall make every effort 
to reach agreement by consensus. Should consensus not be attainable, the 
Chairperson shall declare that all efforts at reaching agreement by consensus 
have been exhausted. After such an announcement a recommendation or decision 
shall be adopted by a four fifths majority of the Contracting Parties present 
and voting. 
RA/ KH 675 
- 25 a -
(5) The decision shall become binding on the first day of the eleventh month 
following the date of its adoption for all Contracting Parties that voted 
for it and have not within that period notified the Executive Secretary 
in writing that they are unable to accept the decision. However, such no­
tification may bo withdrawn at any time; the withdrawal shall become ef­
fectives upon receipt by the Executive Secretary. Such a decision shall 
become binding on any other Contracting Party which has notified the Exe­
cutive Secretary in writing that it is able to accept the decision from 
the moment of the receipt of that notification or on the first day of the 
eleventh month following the date of the adoption of the decision, which­
ever is later. 
/gx If, however, the recommendation or decision would have financial 
implications, the recommendation or decision shall be adopted only by conson* 
sus. 
- 26 -
Article 33 
AMENDMENTS TO THE CONVENTION 
The Convention shall be amended as. follows: 
(1) Any Contracting Party may propose an amendment to this Convention. The 
text of the proposed amendment together with the proposal to convene a Confe­
rence of the Parties shall be communicated to the Contracting Parties by the 
Depositary in writing. 
(2) If at least three quarters of the Contracting Parties support the propo­
sal to convene a Conference of the Parties the Depositary shall convene the 
Conference of the Parties within six months at, the seat of the International 
Commission. 
(3) The adoption of an amendment at the Conference of the Contracting Par­
ties requires consensus. 
0 
(4) The adopted amendment shall be submitted by the Depositary Government to 
the Contracting Parties for ratification, acceptance or approval. Ratificati­
on, acceptance or approval of the amendment shall be notified to the Deposita­
ry Government in writing. 
(5) The amendment shall enter into force for those Contracting Parties which 
have ratified, accepted or approved it on the thirtieth day after receipt by 
the Depositary Government of notification of its ratification, acceptance or 
approval by at least four fifths of the Contracting Parties. Thereafter the 
amendment shall enter into force for any other Contracting Party on the thir­
tieth day after that Contracting Party has deposited its instrument of ratifi­
cation, acceptance or approval of the amendment. 
(6) The Annexes I, II and III may be amended by the International Commission 
in accordance with Article 5 of its Statute. 
RA/ KM 675 
- 27 
Article 24 
SETTLEMENT OF DISPUTES 
(1) If a dispute arises between two or more Contracting Parties about the 
interpretation or application of this Convention, they shall seek a solution 
by negotiation or by any other means of dispute settlement acceptable to the 
parties to the dispute, if appropriate with assistance by the International 
Commission. 
(2) 
(a) If the parties to the dispute are not able to settle the dispute in ac­
cordance with paragraph 1 of this Article within a reasonable time but 
not more than twelve months after the International Commission has been 
notified about the dispute by a party to the dispute, the dispute shall 
be submitted for compulsory decision to one of the following means of 
peaceful settlement: 
- the International Court of Justice; 
- arbitration in accordance with Annex V to this Convention. 
(b) When ratifying, accepting, approving or acceding to this Convention or at 
any time thereafter a Contracting Party may declare in writing to the De­
positary that, for a dispute not resolved in accordance with paragraph 1 
of this Article, it accepts one or both means of dispute settlement re­
ferred to in subpara (a) of this paragraph. 
(c) If the parties to the dispute have accepted both means of dispute sett­
lement referred to in subpara (a) of this paragraph the dispute shall be 
submitted to the International Court of Justice, unless the parties 
agree otherwise. 
(d) If the parties to the dispute have not accepted the same means of dispu­
te settlement referred to in subpara (a) of this paragraph, the dispute 
shall be submitted to the arbitration. 
RA/ KM 67S 
- 28 
(e) A Contracting Party which has not made a declaration in accordance with 
subpara (b) of this paragraph or whose declaration is no longer in force 
is considered to have accepted the arbitration. 
Article 25 
SIGNATURE 
This Convention shall be open for signature by the Danubian States fully en­
titled to the rights and privileges of membership in the United Nations accor­
ding to the UN Charter as well as by the European Community and any other re­
gional economic integration organisation, to which such States as their mem­
bers have transferred competence over matters governed by this Convention at 
Sofia on June 1994 • 
Article 26 
RATIFICATION, ACCEPTANCE OR APPROVAL 
0 
This Convention shall be subject to ratification, acceptance or approval. The 
instruments of ratification, acceptance or approval shall be deposited with 
the Government of Romania which shall act as the Depositary of this Convention. 
Article 2J 
ENTRY INTO FORCE 
This Convention shall enter into force on the ninetieth day following the date 
of deposit of the nineth instrument of ratification, acceptance, approval or 
accession. For each State or regional economic integration organisation rati­
fying, accepting, approving or acceding to this Convention after the deposit 
of the nineth instrument of ratification, acceptance, approval or accession, 
this Convention shall enter into force on the ninetieth day after deposit by 
such State or regional economic integration organisation of its instrument of 
ratification, acceptance, approval or accession. 
RA/ KM 675 
- 29 
Article 28 
ACCESSION, PARTICIPATION 
(1) A State or regional economic integration organisation as referred to in 
Article 25 of this Convention, which has not signed this Convention may accede 
to this Convention. The instrument of accession shall be deposited with the 
Depositary. 
(2) Contracting Parties may unanimously invite any other State or regional 
economic integration organisation to accede to this Convention or to par­
ticipate in it with a consultative status. 
Article 29 
WITHDRAWAL 
At any time after five years from the date on which this Convention has come 
into force #ith respect to a Party, that Party may withdraw from this Conven­
tion by written notification to the Depositary. Any such withdrawal shall take 
effect one year after the date of the receipt of the notification by the Depo­
sitary. 
Article 30 
FUNCTIONS OF THE DEPOSITARY 
The Depositary Government shall perform the functions of Depositary of this 
Convention, in particular, the Depositary shall inform the Contracting Par­
ties: 
(a) of the deposit of instruments of ratification, acceptance, approval or 
accession, of withdrawal or of any other informations, declarations and 
instruments as are provided for in this Convention; 
(b) of the date of the entry into force of this Convention. 
RA/ KH 675 
30 
Article 31: 
AUTHENTIC TEXTS, DEPOSITARY 
The original of this convention, of which the English and German texts shall 
be equally authentic, shall be deposited with the Government of Romania which 
shall send certified copies thereof to the Contracting Parties. 
In witness thereof the undersigned being duly authorised by their respective 
Governments, have signed the Convention on Cooperation for the Protection and 
Sustainable Use of the Danube River (Danube River Protection Convention). 
Done at Sofia on the day of June 1994. 
RA/ KM 675 
31 
ANNEX 
Part 1 
BEST AVAILABLE TECHNIQUES. 
1. The use of the best available techniques shall emphasize the use of non-
waste technology, if available. 
2. The term "best available techniques" means the latest stage of development 
(state of the art) of processes, of facilities or of methods of operation 
which indicate the practical suitability of a particular measure for limiting 
discharges, emissions and waste. In determining whether a set of processes, 
facilities and methods of operation constitute the best available techniques 
in general or individual cases, special consideration shall be given to: 
(a) comparable processes, facilities or methods of operation which have re­
cently been successfully tried out; 
(b) technological advances and changes in scientific knowledge and under-
0 standing; 
(c) the economic feasibility of such techniques; 
(d) time limits for installation in both new and existing plants; 
(e) the nature and volume of the discharges and emissions concerned. 
3. It therefore follows that what is "best available techniques" for a parti­
cular process will change with time in the light of technological advances, 
economic and social factors, as well as changes in scientific knowledge and 
understanding. 
4. If the reduction of discharges and emissions resulting from the use of 
best available techniques does not lead to environmentally acceptable results, 
additional measures have to be applied. 
5. The term "Techniques" includes both the technology used and the way the 
installation is designed, built, maintained, operated and dismantled. 
RA/ KH 675 
32 -
Part 2 
BEST ENVIRONMENTAL PRACTICE 
1. Best environmental practice means the application of the most appropriate 
combination of sectoral environmental control strategies and measures. 
2. In determining what combination of measures constitute best environmental 
practice, in general or individual cases, particular consideration should be 
given to: 
the precautionary principle; 
the environmental hazard of the product and its production, use and ulti­
mate disposal (principle of responsibility) ; 
the substitution by less polluting activities or substances and saving 
resources including energy (principle of minimising); 
the scale of use; 
the potential environmental benefit or penalty of substitute materials or 
activities; 
advances and changes in scientific knowledge and understanding; 
time limits for implementation; 
social and economic implication. 
3. It therefore follows that best environmental practice for a particular 
source of impacts will change with time in the light of technological advan­
ces, economic and social factors, as well as changes in scientific knowledge 
and understanding. 
4. If the reduction of impacts resulting from the use of best environmental 
practice does not lead to environmentally acceptable results, additional mea­
sures have to be applied and best environmental practice redefined. 
RA/ KM 675 
33 
ANNEX II 
INDUSTRIAL SECTORS AND 
HAZARDOUS SUBSTANCES 
Part li List of industrial sectors and industries: 
1. In the heat generation, energy, and mining sectors: 
(a) Treatment of flue gases and exhaust air, slags, condensates from combu­
stion plants; 
(b) Cooling systems; 
(c) Coal preparation, ore preparation; 
(d) Upgrading of coal and recovery of coal by-products, briquetting; 
(e) Manufacture of woody lignite, activated carbon, soot. 
2. In the stone and earth industry, the building materials, glass and ceramics 
sectors : 
(a) Manufacture of fibrous cement and fibrous cement products; 
(b) Manufacture and processing of glass, glass fibres, mineral fibres; 
(c) Manufacture of ceramic products. 
3. In the metals sector: 
(a) Metal working and processing: electroplating shops, pickling plants, 
anodic oxidation plants, burnishing plants, hot galvanising plants, 
hardening shops, printed circuit board manufacture, battery manufactu­
re, enamelling works, mechanical workshops, slide polishing shops; 
(b) Manufacture of iron and steel, including foundries; 
(c) Manufacture of non-ferrous metals, including foundries; 
(d) Manufacture of ferro-alloys. 
RA/ KH 675 
- 34 -
4. In the inorganic chemistry sector: 
(a) Manufacture of basic chemicals; 
(b) Manufacture of mineral acids, bases, salts; 
(c) Manufacture of alkalis, alkali lyes and chlorine using alkali chloride 
electrolysis; 
(d) Manufacture of mineral fertilizers (excluding potash fertilizers), 
phosphoric acid salts, phosphates for feedstuffs; 
(e) Manufacture of sodium carbonate; 
(f) Manufacture of corundum; 
(g) Manufacture of inorganic pigments, mineral pigments; 
(h) Manufacture of semi-conductors, rectifiers, photoelectric cells; 
(i) Manufacture of explosives, including pyrotechnics; 
(j) Manufacture of highly disperse oxides; 
(k) Manufacture of barium compounds. 
5. In the organic chemistry sector: 
(a 
(b 
(c 
(d 
(e 
(f 
(g 
(h 
(i 
(j 
(k 
(1 Manufacture of basic chemicals; 
Manufacture of dyes, pigments, paints; 
Manufacture and processing of man-made fibres; 
Manufacture and processing of plastics, rubber, caoutchouc; 
Manufacture of organic halogen compounds; 
Manufacture of organic explosives, solid fuels; 
Manufacture of auxiliaries for leather, papermaking and textile production; 
Manufacture of pharmaceuticals; 
Manufacture of biocide products; 
Manufacture of raw materials for washing and cleaning agents; 
Manufacture of cosmetics; 
Manufacture of gelatins, hide glue, adhesives'. 
RA/ KH 675 
- 35 -
6. In the mineral oil and synthetic oils sectors: 
(a) Mineral-oil processing, manufacture and refining of mineral oil pro­
ducts, manufacture of hydrocarbons; 
(b) Recovery of oil from oil-in-water mixtures, demulsification plants, 
recovery and treatment of waste oil; 
(c) Manufacture of synthetic oils. 
7. In the printing plant, reproshop, surface treatment and plastic-sheet manu­
facturing sectors, as well as other forms of processing resins and pla­
stics: 
(a) Manufacture of printed and graphic products, reproshops; 
(b) Printing laboratories and film laboratories; 
(c) Manufacture of foils, vision and sound carriers; 
(d) Manufacture of coated and impregnated materials. 
0 
8. In the wood, pulp and paper sectors: 
(a) Manufacture of pulp, paper and cardboard; 
(b) Manufacture and coating of wood fibre board. 
9. In the textile, leather and fur sectors: 
(a) Textile manufacture, textile finishing; 
(b) Leather manufacture; leather finishing, leather substitute manufacturé, 
fur finishing; 
(c) Dry cleaning, laundries, polishing cloth washings, woolen material 
washings. 
RA/ KH 675 
- 36 -
10. Other sectors: 
(a) Recycling, treatment, storage, loading, unloading and depositing of 
waste and residual materials; storage, loading, unloading and transfer 
of chemicals; 
(b) Medical and scientific research and development, hospitals, doctors' 
practices, radiology institutes, laboratories, testing rooms; 
(c) Industrial cleaning businesses, cleaning of industrial containers; 
(d) Vehicle workshops, vehicle washing facilities; 
(e) Water treatment; . 
(f) Painting and varnishing businesses; 
(g) Manufacture and processing of plant and animal extracts; 
(h) Manufacture and processing of microorganisms and viruses with in-vitro 
recombined nucleic acids; 
(i) Industrial sectors applying radioactive substances (nuclear industry). 
RA/ KM 675 
37 -
Part 2: Guiding List of hazardous substances and groups of substances: 
A. Priority groups of substances 
(a) heavy metals and their compounds 
(b) organohalogen compounds 
(c) organic compounds of phosphorus and tin 
(d) plant protection agents, pesticides (fungicides, herbicides, in­
secticides, algicides) and chemicals used for the preservation of 
wood, cellulose, paper, hides and textiles etc. 
(e) oils and hydrocarbons of petroleum origin 
(f) other organic compounds especially harmful to the aquatic envi­
ronment 
(g) inorganic nitrogen and phosphorus compounds 
(h) radioactive substances, including wastes. 
B. Single hazardous substances 
0 
As there are considerable differences as to the hazardous character of 
the substances contained in certain groups it is necessary also to em­
phasize some single substances, which in practice can play a priority 
role. 
Substances CAS-number 
1. Mercury 7439976 
2. Cadmium 7440439 
3. Copper 7440508 
4. Zinc n.a. 
5. Lead 7439921 
6. Arsenic 7440382 
7. Chromium n.a. 
8. Nickel 7440020 
RA/ KH 675 
38 
Substances CAS-number 
9. Boron 
10. Cobalt 
11. Selenium 
12. Silver 
13. Drins 
14. HCH 
15. DDT 
16. Pentachlorophenol 
17. Hexachlorobenzene 
18. Hexachlorobutadiene 
19. Carbontetrachloride 
2 0. Chloro form 
21. Trifluralin 
22. Endosulfan 
23. Simazine 
24. Atrazine 
25. Tributyltin-compounds 
2 6. Triphenyltin-compounds 
27. Azinphos-ethyl 
28. Azinphos-methyl 
29. Fenitrothion 
30. Fenthion 
31. Malathion 
32. Parathion 
33. Parathion-methyl 
34. Dichlorvos 
35. Trichloroethylene 
3 6. Tetrachloroethylene 
37. Trichlorbenzene 
38. Dichloroethane 1,2 
39. Trichloroethane 
40. Dioxins n.a. 
n.a. 
7782492 
n.a. 
608731 
50293 
87865 
118741 
87683 
56235 
67663 
1582098 
115297 
122349 
1912249 
2642719 
86500 
122145 
55389 
121755 
56382 
298000 
62737 
79016 
127184 
107062 
71556 
n.a. 
RA/ KH 675 
- 39 
ANNEX III 
GENERAL GUIDANCE ON WATER QUALITY 
OBJECTIVES AND CRITERIA *) 
Water quality objectives and criteria developed for specific reaches of the 
Danube River and for surface waters within its catchment area shall: 
(a) Take into account the option of maintaining and, where necessary, impro­
ving the existing water quality; 
(b) Aim at the reduction of average pollution loads and concentrations (in 
particular hazardous substances) to a certain degree within a certain 
period of time; 
(c) Take into account specific water quality requirements (raw water for 
drinking-water purposes, irrigation, etc.); 
(d) Take into account specific requirements regarding sensitive and specially 
protected waters and their environment, e.g. lakes, zones for the 
protection of bank-filtered water and wetlands; 
(e) Be based on the application of biological classification methods and che­
mical indices for the medium- and long-term review of water quality main­
tenance and improvement; 
(f) Take into account the degree to which objectives are reached and additio­
nal protective measures may be required in individual cases. 
) Water quality objectives and critera as a rule are individually developed 
and in particular adjusted to the prevailing conditions as to the ecosy­
stems, the water resources and their utilization. Therefore in the frame­
work of this Convention only general guidelines are adressed to the Con­
tracting Parties. 
RA/ KM 675 
- 40 -
ANNEX TV 
STATUTE OF THE INTERNATIONAL COMMISSION 
FOR THE PROTECTION OF DANUBE RIVER 
Structures and procedures of the International Commission supplementary to 
Article 18 shall be established as follows: 
Article 1: Composition 
(1) The International Commission consists of delegations nominated by the 
Contracting Parties. Bach Contracting Party nominates five delegates at 
the utmost including the head of delegation and his deputy. 
(2) In add^ion each delegation may take the number of experts necessary for 
dealing with special questions, whose names are communicated to the Se­
cretariat of the International Commission. 
Article 2: Presidency 
(1) The Chair of the International Commission is held by the Contracting Par­
ties in turn by alphabetical order (in English) for one year. The delega­
tion looking after the Chair nominates one of its members to become Pre­
sident of the International Commission. 
(2) The President as a rule does not take the floor on behalf of his delega­
tion within the meetings of the International Commission. 
(3) Further details concerning the Presidency are determined by the Interna-
tional Commission and included in its Rules of Procedure. 
RA/ KM 675 
41 
Article 3: Meetings 
(1) The International Commission convenes at least once a year on invitation 
of the President at a place to be determined by him an ordinary meeting. 
(2) Extraordinary meetings are to be convened by the President on the request 
of at least three delegations. 
(3) Consultations of the heads of delegation may be held intermediately to 
the meetings of the Commission. 
(4) The President proposes the agenda items. They include reports by the 
Standing Working Group and its expert groups. Each delegation has the 
right to propose those agenda items which it likes to see dealt with. The 
order of sequence for the agenda items is determined in the International 
Commission by majority vote. 
Article 4: Taking decisions 
(1) Each delegation has one vote. 
(2) Notwithstanding the provisions of paragraph (1) of this Article, the Eu­
ropean Community, within the areas of its competence, is entitled to a 
number of votes equal to the number of its Member States which are Con­
tracting Parties to this Convention. This organization shall not exercise 
its right to vote in cases where its Member States exercise theirs and 
conversely. 
(3) The International Commission constitutes a quorum with the presence of 
the delegations of at least two thirds of the Contracting Parties. 
(4) Written procedures may take place under conditions to be determined by 
the Rules of Procedure of the International Commission. 
RA/ KH 675 
42 -
Article 5: Adopting Decisions 
(1) Decisions and recommendations shall be adopted by consensus of the dele­
gations to the International Commission. Should consensus not* be attain­
able, the President of the Commission shall declare, that all efforts at 
reaching agreement by consensus have been exhausted. Unless otherwise 
provided in the Convention, the Commission shall in this case adopt deci­
sions or recommendations by a four-fifths majority vote of the delegati­
ons present and voting. 
(2) The decision shall become binding on the first day of the eleventh month 
following the date of its adoption for all Contracting Parties that voted 
for it and have not within that period notified the Executive Secretary 
in writing that they are unable to accept the decision. However, such no­
tification may be withdrawn at any time; the withdrawal shall become ef­
fective upon receipt by the Executive Secretary. Such a decision shall 
become binding on any other Contracting Party which has notified the Exe­
cutive Secretary in writing that it is able to accept the decision from 
the moment of the receipt of that notification or on the first day of the 
eleventh month following the date of the adoption of the decision, which­
ever is later. 
Article 6: Expert bodies 
(1) The International Commission establishes a Standing Working Group. For 
certain fields of work and for specific problems there are introduced 
standing or ad hoc Expert Groups. 
(2) The Standing Working Group and the Expert Groups consist of delegates and 
experts nominated by the delegations to the Commission. 
RA/ KH 675 
- 43 
(3) The Standing Working Group is attended by delegates from all Contracting 
Parties. The International Commission nominates its Chairman and determi­
nes the utmost number of delegates. The Commission also determines the 
number of experts participating in the Expert Groups. 
Article 7: Secretariat 
(1) A Permanent Secretariat is hereby established. 
(2) The Permanent Secretariat shall have its headquarters in Vienna. 
(3) The International Commission shall appoint an Executive Secretary and 
make provisions for the appointment of such other personal as may be ne­
cessary. The Commission shall determine the duties of the Executive Se­
cretary's post and the terms and conditions upon which it is to be held. 
(4) The Executive Secretary shall perform the functions that are necessary 
for the administration of this Convention and for the work of the Inter­
national Commission as well as the other tasks entrusted to the Executive 
Secretary by the Commission in accordance with its Rules of Procedure and 
its Financial Regulations. 
Article 8: Entrusting Special Experts 
In the framework of its assessments, the evaluation of results gained and for 
the analysis of special questions the International Commission may entrust par­
ticularly qualified persons, scientific institutions or other facilities. 
RA/ KH 675 
- 44 -
Article 9: Reports 
The International Commission submits to the Contracting Parties an annual report 
on its activities as well as further reports as required, which in particular 
also include the results of monitoring and assessment. 
Article 10: Legal capacity and representation 
(1) The International Commission shall have such legal capacity as may be ne­
cessary for the exercise of its functions and the fulfillment of its purpo­
ses in accordance with the law applicable at the headquarters of its Secre­
tariat. 
(2) The International Commission shall be represented by its President. This 
representation shall be determined further by the Rules of Procedure. 
Article 11: Costs 
(1) The International Commission shall adopt its Financial Rules. 
(2) The Commission shall adopt an annual or biennial budget of proposed ex­
penditures and consider budget estimates for the fiscal period following 
thereafter. 
(3) The total amount of the budget, including any supplementary budget adopted 
by the Commission shall be contributed by the Contracting Parties other 
than the European Community, in equal parts, unless unanimously decided 
otherwise by the Commission. 
(4) The European Community shall contribute no more than 2.5 % of the admini­
strative costs to the budget. 
RA/ KH 675 
- 45 -
(5) Bach Contracting Party shall pay the expenses related to the participation 
in the Commission of its representatives, experts and advisers. 
(6) Each Contracting Party carries the costs of the current monitoring and 
assessment activities, carried out in their territory. 
Article 12: Rules of Procedure 
The International Commission establishes its Rules of Procedure, 
Article 13: Working Languages 
The official languages of the International Commission are English and German. 
RA/ KH 675 
- 46 -
A W N g X 2 
ARBITRATION 
(1) The procedure of the arbitration referred to in Article 24 of this Con­
vention shall be in accordance with paragraphs 2 to 10 as follows: 
(2) (a) In the event of a dispute being submitted to arbitration pursuant 
to Article 24 paragraph 2 of this Convention an arbitral tribunal shall 
be constituted at the request addressed by one party to the dispute to 
the other party. The request for arbitration shall state the subject 
matter of the application including in particular the articles of this 
Convention, the interpretation or application of which is in dispute. 
(b) The applicant party shall inform the International Commission that 
it has requested the setting up of an arbitral tribunal, stating the 
name of the other party to the dispute and the articles of this Conven­
tion the interpretation or application of which, in its opinion, is in 
dispute. The claimant as well as the défendent party can consist of a 
plurality of Contracting Parties. The International Commission shall 
forward the information thus received to all Contracting Parties to this 
Convention. 
(3) The arbitral tribunal shall consist of three members: both the claimant 
party or parties and the other party or parties to the dispute shall 
appoint an arbitrator within two months; the two arbitrators so appoin­
ted shall designate by common agreement within two months the third ar­
bitrator who shall be the chairman of the tribunal. The latter shall not 
be a national of one of the parties to the dispute, nor have his usual 
place of residence in the territory of one of these parties, nor be em­
ployed by any of them, nor have dealt with the case in any other capacity. 
(4) (a) If one of the parties to the dispute does not appoint an arbitrator 
within two months of receipt of the request, the other party may inform 
the President of the International Court of Justice who shall designa­
te the chairman of the arbitral tribunal within a further two months' 
RA/ KM 675 
- 47 
period. Upon designation, the chairman of the arbitral tribunal shall 
request the party which has not appointed an arbitrator to do so within 
two months. After such period, if the arbitrator has not been approved, 
the chairman of the arbitral tribunal shall inform the President of the 
International Court of Justice who shall make this appointment within a 
further two months' period. 
(b) If the chairman of the arbitral tribunal has not been designated 
within two months of the appointment of the second arbitrator, the Pre­
sident of the International Court of Justice shall, at the request of 
either party, designate him within a further two months' period. 
(5) (a) The arbitral tribunal shall decide according to the rules of inter­
national law and, in particular, those of this Convention. 
(b) Any arbitral tribunal constituted under the provisions of this An­
nex shall draw up its own rules of procedure. 
0 
(c) In the event of a dispute as to whether the arbitral tribunal has 
jurisdiction, the matter shall be decided by the decision of the arbi­
tral tribunal. 
(6) (a) The decisions of the arbitral tribunal, both on procedure and on 
substance, shall be taken by majority vote of its members. 
(b) The arbitral tribunal may use all appropriate means in order to 
establish the facts. It may at the request of one of the parties pre­
scribe essential interim measures of protection. 
(c) If two or more arbitral tribunals constituted under the provisions 
of this Annex are seized of requests with identical or similar subjects, 
they may inform themselves of the procedures for establishing the facts 
and take them into account as far as possible. 
RA/ KM 675 
- 48 -
(d) The parties to the dispute shall provide all facilities necessary 
for the effective conduct of the proceedings. 
(e) The absence of a party to the dispute shall not constitute an im­
pediment to the proceedings. 
(7) Unless the arbitral tribunal determines otherwise because of the parti­
cular circumstances of the case, the expenses of the tribunal, including 
the remuneration of its members, shall be borne by the parties to the 
dispute in equal shares. The tribunal shall keep a record of all its 
expenses, and shall furnish a final statement thereof to the parties. 
(8) The arbitral tribunal shall render its award within five months of the 
date on which it is established, unless it finds it necessary to extend 
the time limit for a period which should not exceed five months. 
(9) Any Contracting Party that has an interest of a legal nature in the sub­
ject matter of the dispute which may be affected by the decision in the 
case,jjnay intervene in the proceedings with the consent of the tribunal. 
The award of the arbitral tribunal shall become binding on the interve­
ning Party in the same way as for the parties to the dispute. 
(10) (a) The award of the arbitral tribunal shall be accompanied by a state­
ment of reasons. It shall be final and binding upon the parties to the 
dispute. The award will be transmitted by the arbitral tribunal to the 
parties to the dispute and to the International Commission. The Commis­
sion will forward the information received to all parties to this Con­
vention. 
(b) Any dispute which may arise between the parties concerning the in­
terpretation or execution of the award may be submitted by either party 
to the arbitral tribunal which made the award or, if the latter cannot 
be seized thereof, to another arbitral tribunal constituted for this 
purpose in the same manner as the first. 
RA/ KH 675 
« 
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KOM (94) 199 endelig udg. 
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