COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 271 final 
Brussels, 14 June 1993 
PROPOSAL FOR A COUNCIL DECISION 
on the conclusion, on behalf of the Community, 
of the Convention on the protection and use of 
transboundary watercourses and international lalces 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. A Convention on the protection and use of transboundary watercourses and 
international lakes was signed by 22 countries, including nine Community 
Member States, and the Community itself on 18 March 1992 in Helsinki 
(Finland). Luxembourg signed it on 20 May 1992, Portugal on 
9 June 1992, and to date Ireland has not signed the Convention. 
2. The Convention was prepared by a Working Party on water problems set up 
under the aegis of the United Nations Economic Commission for Europe 
(UN/ECE) with the participation of the Commission which represented the 
Community in accordance with the negotiating brief from the Council. 
Authorization to sign on behalf of the Community was given by Council 
Decision of 16 March 1992. 
3. The essential purpose of the Convention is to establish a framework for 
bilateral or multilateral cooperation to protect the aquatic 
environment, to prevent and control the pollution of transboundary 
watercourses and to ensure the rational use of water resources in the 
member countries of the United Nations Economic Commission for Europe. 
4. The fields in which the Convention is applicable fall at least in part 
within the Community's Jurisdiction on water matters, for which there is 
an abundance of legislation. 
In accordance with the Court's findings in AETR (Case 22/70 Commission 
v Council [1971] ECR 263), the Community has the power to conclude such 
a Convent ion. 
Besides, the Member States alone are not able to meet all the 
obligations deriving from the Convention. 
5. In view of the fact that, pursuant to Article 25 of the Convention, the 
Community and the Member States must decide on their respective 
responsibilities with regard to the fulfilment of the obligations 
arising from the Convention, which, in accordance with Article 26, 
enters into force on the 90th day following the date of deposit of the 
16th instrument of ratification, the Commission considers it highly 
desirable that the Community and the Member States, in their respective 
areas of responsibility, conclude the Convention by depositing their 
instruments of approval and ratification at the same time. This would 
help to prepare the ground for the rapid entry into force at 
international level of rules to prevent, reduce or monitor any major 
transboundary environmental impact. 
6. As the measures laid down in the Convention are environmental policy 
measures, the Council Decision must be based on Article 130s of the EEC 
Treaty. 
\<x 
PROPOSAL FOU A COUNCIL DECISION ON THE CONCLUSION, ON BEHALF OF THE 
COMMUNITY, OF THE CONVENTION ON THE PROTECTION AND USE OF TRANSBOUNDARY 
WATERCOURSES AND 8NTERMVHONÂL LAKES 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 130s thereof; 
Having regard to the proposal from the Commission,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Economic and Social Commit tee,3 
Whereas the Commission has taken part, on behalf of the Community, in 
negotiations in an ad hoc. Working Party on the preparation of a Convention 
on the protection and use of transboundary watercourses *';nd international 
lakes; 
Whereas the Convention was signed on behalf of the Community on 
18 March 1992; 
Whereas the purpose of the Convention is to establish a framework for 
bilateral or multilateral cooperation to prevent and control the pollution 
of transboundary watercourses and to ensure the rational use of water 
resources in the member countries of the United Nations Economic 
Commission for Europe; 
Whereas the Community has adopted measures in the field covered by the 
Convention; whereas it is the Community's responsibility to enter into 
international commitments in such matters; 
Whereas Community policy on the environment contributes to the pursuit of 
the objectives of preserving, protecting and improving the quality of the 
environment, protecting human health and prudent and rational use of 
natural resources; 
Whereas Community policy on the environment aims at a high level of 
protection; whereas it is based on the precautionary principle and on the 
principles that preventive action should be taken, that environmental 
damage should as a priority be rectified at source and that the polluter 
should pay; 
Whereas the Community and the Member States cooperate, within their 
respective spheres of competence, with third countries and with the 
competent international organizations; 
Whereas the conclusion of the Convention by the Community will help to 
achieve the objectives set out in Article 130r of the Treaty, 
1 OJ No 
2 OJ No 
3 OJ No 
- it-
HAS DECIDED AS FOLLOWS: 
Article 1 
The Convention on the protection and use of transboundary watercourses and 
international lakes adopted in Helsinki (Finland) on 18 March 1992 is 
hereby approved on behalf of the European Economic Community. 
The text of the Convention is attached as Annex I to this Decision. 
Art icle 2 
The President of the Council shall deposit the instrument of approval with 
the Secretariat-General of the United Nations in accordance with Article 25 
of the Convent ion. 
The President shall at the same time deposit the declaration of competences 
attached to this Decision as Annex II. 
Done at 
For the CounciI, 
- \c 
ANNEX I 
CONVENTION ON THE PROTECTION AND USE OF 
TRANSBOUNDARY WATERCOURSES AND 
INTERNATIONAL LAKES 
done at Helsinki, on 17 March 1992 
UNITED NATIONS 
1992 
- \d -
(.AMVt. iu i ivivi ^'n. iiii , ,,../ i i ,, ! ioi\i Afviw s..,. 
01" I RANSBOUNDARY WA I I.RCOURM.S AMD IN 11 RIMA I LONAL LAKES 
PRE AW If 
The Parties to this Convention, 
Mindful thai the protection and use of transboundary watercourses and 
international lakes are important and urgent tasks, the effective 
accomplishment of which can only be ensured by enhanced cooperation, 
.Ç.0..n^2^n.!-.^ over the existence and threats of adverse effects, in the short 
or long term, of changes in the conditions of transboundary watercourses and 
international lakes on the environment, economies and well-being of the 
member countries of the Economic Commission for Europe (ECE), 
Emphasizing the need for strengthened national and international measures 
to prevent, control and reduce the release of hazardous substances into the 
aquatic environment and to abate eutrophication and acidification, as well as 
pollution of the marine environment, in particular coastal areas, from 
land -based sources, 
Commending the efforts already undertaken by the ECE Governments to 
strengthen cooperation, on bilateral and multilateral levels, for the 
prevention, control and reduction of transboundary pollution, sustainable 
water management, conservation of water resources and environmental protection, 
B.®.!£?-l.lii}3. the pertinent provisions arid principles of the Declaration of 
the Stockholm Conference on the Human Environment, the Final Act of the 
Conference on Security and Cooperation in Europe (CSCE), the Concluding 
Documents of the Madrid and Vienna Meetings of Representatives of the 
Participating States of the CSCE, and the Regional Strategy for Environmental 
Protection and Rational Use of Natural Resources in ECE Member Countries 
covering the Period up to the Year 2000 and Beyond, 
Conscious of the role of the United Nations Economic Commission for 
Europe in promoting international cooperation for the prevention, control and 
reduction of transboundary water pollution and sustainable use of 
transboundary waters, and in this regard recalling the ECE Declaration of 
Policy on Prevention and Control of Water Pollution, including Transboundary 
Pollution; the ECE Declaration of Policy on the Rational Use of Water; the ECE 
Principles Regarding Cooperation in the Field of Transboundary Waters; the ECE 
Charter on Groundwater Management; and the Code of Conduct on Accidental 
Pollution of Transboundary Inland Waters, 
h'*-fi?rj'.'iH,I t° decisions 1 (42) and I (44) adopted by the Economic 
Commission for Europe at its forty-second and forty-fourth sessions, 
respectively, and the outcome of the CSCE Meeting on the Protection of the 
Environment (Sofia, Bulgaria, 16 October - 3 November 1989), 
Lf!».Pi^*.?iZ.Ln9. that cooperation between member countries in regard to the 
protection and use of transboundary waters shall be implemented primarily 
through the elaboration of agreements between countries bordering the same 
waters, especially where no such agreements have yet been reached, 
t!a.VJL..B9£.e.?A a s foil ow s : 
Article 1 
DLrINlflONS 
For the purposes of this Convention, 
1. "'1 ransboundary waters" mean;; any surface or ground waters which 
mark, cross or arc located on boundaries between two or more States; wherever 
transboundary waters flow directly into the sea, these transboundary waters 
end at a straight line across their respective mouths between points on the 
low-water line of their banks; 
?.. "Transboundary impact" means any significant adverse effect on the 
environment resulting from a change in the conditions of transboundary waters 
caused by a human activity, the physical origin of which is situated wholly or 
in part within an area under the jurisdiction of a Party, within an arna under 
the jurisdiction of another Party. Such effects on the environment include 
effects on human health and safety, flora, fauna, soil, air, water, climate, 
landscape and historical monuments or other physical structures or the 
interaction among these factors; they also include effects on the cultural 
heritage or socio-economic conditions resulting from alterations to those 
factors; 
3. "Party" means, unless the text otherwise indicates, a Contracting 
Party to this Convention; 
4. "Riparian Parties" means the Parties bordering the same 
transboundary waters; 
b. "Joint body" means any bilateral or multilateral commission or other 
appropriate institutional arrangements for cooperation between the Riparian 
Parties; 
6. "Hazardous substances" means substances which are toxic, 
carcinogenic, mutagenic, teratogenic or bio-accumulative, especially when they 
are persistent; 
7. "Best available technology" (the definition is contained in annex I 
to this Convention). 
PART J 
PROVISIONS RELATING TO ALL PARTIES 
ArUç_le_2 
GENERAL PROVISIONS 
1. The Parties shall take all appropriate measures to prevent, control and 
reduce any transboundary impact. 
2. The Parties shall, in particular, take all appropriate measures: 
(a) To prevent, control and reduce pollution of waters causing or likely 
to cause transboundary impact; 
- 2 
c. (b) To ensure that transboundary waters are used with the aim of 
ecologically sound and rational water management, conservation of water 
resources and environmental protection; 
(c.) To ensure that transboundary waters are used in a reasonable and 
equitable way, taking into particular account their transboundary character, 
in the case of activities which cause or are likely to cause transboundary 
impact; 
(d) To ensure conservation and, where necessary, restoration of 
ecosystems. 
3. Measures for the prevention, control and reduction of water pollution 
shall be taken, where possible, at source. 
4. These measures shall not directly or indirectly result in a transfer of 
pollution to other parts of the environment. 
5. In taking the measures referred to in paragraphs 1 and 2 of this article, 
the Parties shall be guided by the following principles: 
(a) The precautionary principle, by virtue of which action to avoid the 
potential transboundary impact of the release of hazardous substances shall 
not be postponed on the ground that scientific research has not fully proved a 
causal link between those substances, on the one hand, and the potential 
transboundary impact, on the other hand; 
(b) The polluter-pays principle, by virtue of which costs of pollution 
prevention, control and reduction measures shall be borne by the polluter; 
(c) Water resources shall be managed so that the needs of the present 
generation are met without compromising the ability of future generations to 
meet their own needs. 
6. The Riparian Parties shall cooperate on the basis of equality and 
reciprocity, in particular through bilateral and multilateral agreements, in 
order to develop harmonized policies, programmes and strategies covering the 
relevant catchment areas, or parts thereof, aimed at the prevention, control 
and reduction of transboundary impact and aimed at the protection of the 
environment of transboundary waters or the environment influenced by such 
waters, including the marine environment. 
7. The application of this Convention shall not lead to the deterioration of 
environmental conditions nor lead to increased transboundary impact. 
8. The provisions of this Convention shall not affect the right of Parties 
individually or jointly to adopt and implement more stringent measures than 
those set down in this Convention. 
Article 3 
PREVENTION, CONTROL AND REDUCTION 
1. To prevent, control and reduce transboundary impact, the Parties shall 
develop, adopt, implement and, as C<:ir as possible, render compatible relevant 
legal, administrative, economic, financial and technical measures, in order to 
ensure, inter alia, that: 
3 -
(a) i hie omi $>; !'•'" of pollutants is prevented, control led -»nd reduced at 
source through the application of, inter alia, low and non waste technology; 
(b) Transboundary waters are protected against pollution from point 
sources through the prior licensing of waste water discharges by the competent-
national authorities, and that the authorized discharges are monitored and 
controlled; 
(c) Limits for waste-water discharges stated in permits are based on the 
best available technology for discharges of hazardous substances; 
(d) Stricter requirements, even leading to prohibition in individual 
cases, are imposed when the quality of the receiving water or the ecosystem so 
requires; 
(e) At least biological treatment or equivalent processes are applied to 
municipal waste water, where necessary in a step-by-step approach; 
(f) Appropriait» measures are taken, such as the application of the best 
available technology, in order to reduce nutrient inputs from industrial and 
municipal sources; 
(g) Appropriate measures and best environmental practices are developed 
and implemented for the reduction of inputs of nutrients and hazardous Ç 
substances from diffuse sources, especially where the main sources are from 
agriculture (guidelines for developing best environmental practices are given 
in annex II to this Convention); 
(h) Environmental impact assessment and other means of assessment are 
applied; 
(i) Sustainable water-resources management, including the application of 
the ecosystems approach, is promoted; 
(j) Contingency planning is developed; 
(k) Additional specific measures are taken to prevent the pollution of 
groundwaters; 
(1) The risk of accidental pollution is minimized. 
2. To this end, each Party shall set emission limits \>>r discharges from 
point sources into surface waters based on the best available technology, (' 
which are specifically applicable to individual industrial sectors or 
industries from which hazardous substances derive. The appropriate measures 
mentioned in paragraph 1 of this article to prevent, control and reduce the 
input of hazardous substances from point arid diffuse sources into waters, may, 
Infeejr_.alia, include total or partial prohibition of the production or use of 
such substances. Existing lists of such industrial sectors or industries and 
of such hazardous substances in international conventions or regulations, 
which are applicable in the area covered by this Convention, shall be taken 
into account. 
3. In addition, each Party shall define, where appropriate, water-quality 
objectives and adopt water-quality criteria for the purpose of preventing, 
controlling and reducing transboundary impact. General guidance for 
developing such objectives and criteria is given in annex III to this 
Convention. When necessary, the Parties shall endeavour to update this annex. 
- 4 
c Article 4 
MONITORING 
The Parties shall establish programmes for monitoring the conditions of 
t r ansboundary waters . 
Article J> 
RESEARCH AND DEVELOPMENT 
The Parties shall cooperate in the conduct of research into and 
development of effective techniques for the prevention, control and reduction 
of transboundary impact. To this effect, the Parties shall, on a bilateral 
and/or multilateral basis, taking into account research activities pursued in 
relevant international forums, endeavour to initiate or intensify specific 
research programmes, where necessary, aimed, i_nter.alia, at: 
(a) Methods for the assessment of the toxicity of hazardous substances 
and the noxiousness of pollutants; 
(b) Improved knowledge on the occurrence, distribution and environmental 
effects of pollutants and the processes involved; 
(c) The development and application of environmentally sound 
technologies, production and consumption patterns; 
(d) The phasing out and/or substitution of substances likely to have 
transboundary impact; 
(e) Environmentally sound methods of disposal of hazardous substances; 
(f) Special methods for improving the conditions c! transboundary waters 
(g) The development of environmentally sound water-construction works 
and water-regulation techniques; 
(h) The physical and financial assessment of damage resulting from 
transboundary impact. 
The results of these research programmes shall be exchanged among the Parties 
in accordance with article 6 of this Convention. 
ArtiçJç_. 6 
EXCHANGE OF INFORMAI ION 
The Parties shall provide for the widest exchange of information, as 
early as possible, on issues covered by the provisions of this Convention. 
Article 7 
RESPONSIBILITY AND LIABTI...ITY 
The Parties shall support appropriate international efforts to elaborate 
rules, criteria and procedures in the field of responsibility and liability. 
Arti cle 8 
PROT EC i J ON OF 1 NI ORMAT J ON 
The provisions of this Convention shall not affect the rights or the 
obligations of Parties in accordance with their national legal systems and 
applicable supranational regulations to protect information related to 
industrial and commercial secrecy, including intellectual property, or 
national security. 
PART II 
PROVISIONS RELATING TO RIPARIAN PARTIES 
Article 9 
BILATERAL AND MULTILATERAL COOPERATION 
1. The Riparian Parties shall on the basis of equality and reciprocity enter 
into bilateral or multilateral agreements or other arrangements, where these 
do not yet exist, or adapt existing ones, where necessary to eliminate the 
contradictions with the basic principles of this Convention, in order to 
define their mutual relations and conduct regarding the prevention, control 
and reduction of transboundary impact. The Riparian Parties shall specify the 
catchment area, or part(s) thereof, subject to cooperation. These agreements 
or arrangements shall embrace relevant issues covered by this Convention, as 
well as any other issues on which the Riparian Parties may deem it necessary 
to cooperate. 
2. The agreements or arrangements mentioned in paragraph 1 of this article 
shall provide for the establishment of joint bodies. The tasks of these joint 
bodies shall be, inter alia, and without prejudice to relevant existing 
agreements or arrangements, the following: 
(a) To collect, compile and evaluate data in order to identify pollution 
sources likely to cause transboundary impact; 
(b) To elaborate joint monitoring programmes concerning water quality 
and quantity; 
(c) To draw up inventories and exchange information on the pollution 
sources mentioned in paragraph 2 (a) of this article; 
(d) To elaborate emission limits for waste water and evaluate the 
effectiveness of control programmes; 
(e) To elaborate joint water-quality objectives and criteria having 
regard to the provisions of article 3, paragraph 3 of this Convention, and to 
propose relevant measures for maintaining and, where necessary, improving the 
existing water quality; 
(f) To develop concerted action programmes for the reduction of 
pollution loads from both point sources (e.g. municipal and industrial 
sources) and diffuse sources (particularly from agriculture); 
(g) To establish warning and alarm procedures; 
(h) To serve as a forum for the exchange of information on existing and 
planned uses of water and related installations that are likely to cause 
transboundary impact; 
(i) To promote cooperation and exchange of information on the best 
available technology in accordance with the provisions of article 13 of this 
Convention, as well as to encourage cooperation in scientific research 
programmes; 
(j) To participate in the implementation of environmental impact 
assessments relating to transboundary waters, in accordance with appropriate 
international regulations. 
3. In cases where a coastal State, being Party to this Convention, is 
directly and significantly affected by transboundary impact, the Riparian 
Parties can, if they all so agree, invite that coastal State to be involved in 
an appropriate manner in the activities of multilateral joint bodies 
established by Parties riparian to such transboundary waters. 
4. Joint bodies according to this Convention shall invite joint bodies, 
established by coastal States for the protection of the marine environment 
directly affected by transboundary impact, to cooperate in order to harmonize 
their work and to prevent, control and reduce the transboundary impact. 
5. Where two or more joint bodies exist in the same catchment area, they 
shall endeavour to coordinate their activities in order to strengthen the 
prevention, control and reduction of transboundary impact within that 
catchment area. 
Article 10 
CONSULTATIONS 
Consultations shall be held between the Riparian Parties on the basis of 
reciprocity, good faith and good-neighbourliness, at the request of any such 
Party. Such consultations shall aim at. cooperation regarding the issues 
covered by the provisions of this Convention. Any such consultations shall be 
conducted through a joint body established under article 9 of this Convention, 
where one exists. 
Article 11 
JOINT MONITORING AND ASSESSMENT 
1. In the framework of general cooperation mentioned in article 9 of this 
Convention, or specific arrangements, the Riparian Parties shall establish and 
implement joint programmes for monitoring the conditions of transboundary 
waters, including floods and ice drifts, as well as transboundary impact. 
2. The Riparian Parties shall agree upon pollution parameters and pollutants 
whose discharges and concentration in transboundary waters shall be regularly 
monitored. 
3. The Riparian Parties shall, at regular intervals, carry out joint or 
coordinated assessments of the conditions of transboundary waters and the 
effectiveness of measures taken for the prevention, control and reduction of 
transboundary impact. The results of these assessments shall be made 
available to the public in accordance with the provisions set out in 
article 16 of this Convention. 
_ 7 ... 
4. For these purposes, the Riparian Parties shall harmonize rules for the 
setting up and operation of monitoring programmes, measurement systems, 
devices, analytical techniques, data processing and evaluation procedures, and 
methods for the registration of pollutants discharged. 
Article12 
COMMON RESEARCH AND DEVELOPMENT 
In the framework of general cooperation mentioned in article 9 of this 
Convention, or specific arrangements, the Riparjan Parties shall undertake 
specific research and development activities in support of achieving and 
maintaining the water-quality objectives and criteria which they have agreed 
to set and adopt. 
Article 13 
EXCHANGE OF INFORMATION BETWEEN RIPARIAN PARTIES 
1. The Riparian Parties shall, within the framework of relevant agreements 
or other arrangements according to article 9 of this Convention, exchange 
reasonably available data, inter alia, on: 
(a) Environmental conditions of transboundary waters; 
(b) Experience gained in the application and operation of best available 
technology and results of research and development; 
(c) Emission and monitoring data; 
(d) Measures taken and planned to be taken to prevent, control and 
reduce transboundary impact; 
(e) Permits or regulations for waste-water discharges issued by the 
competent authority or appropriate body. 
2. Jn order to harmonize emission limits, the Riparian Parties shall 
undertake the exchange of information on their national regulations. 
3. If a Riparian Party is requested by another Riparian Party to provide 
data or information that is not available, the former shall endeavour to 
comply with the request but may condition its compliance upon the payment, by 
the requesting Party, of reasonable charges for collecting and, where 
appropriate, processing such data or information. 
4. For the purposes of the implementation of this Convention, the Riparian 
Parties shall facilitate the exchange of best available technology, 
particularly through the promotion of: the commercial exchange of available 
technology; direct industrial contacts and cooperation, including joint 
ventures; the exchange of information and experience; and the provision of 
technical assistance. The Riparian Parties shall also undertake joint 
training programmes and the organization of relevant seminars and meetings. 
Article 14 
WARNING AND ALARM SYS1EMS 
The Riparian Parties shall without delay inform each other about any 
critical situation that may have transboundary impact. The Riparian Parties 
8 -
© shall set up, where appropriate, and operate coordinated or joint 
communication, warning and alarm systems wiîh the aim of obtaining arid 
transmitting information. These systems shall operate on the basis of 
compatible data transmission and treatment procedures and facilities to be 
agreed upon by the Riparian Parties. The Riparian Parties shall inform each 
other about competent authorities or points of contact designated for this 
pur pose. 
Article 15 
MUTUAL ASSISTANCE 
1. If a critical situation should arise, the Riparian Parties shall provide 
mutual assistance upon request, following procedures to be established in 
accordance with paragraph 2 of this article. 
2. The Riparian Parties shall elaborate and agree upon procedures for mutual 
assistance 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 Party requesting 
assistance, including, whore necessary, the facilitation of border-crossing 
formalities; 
(c) Arrangements for holding harmless, indemnifying and/or compensating 
the assisting Party and/or its personnel, as well as for transit through 
territories of third Parties, where necessary; 
(d) Methods of reimbursing assistance services. 
Article 16 
PUBLIC INFORMATION 
I The Riparian Parties shall ensure that information on the conditions of 
transboundary waters, measures taken or planned to be taken to prevent, 
control &nd reduce transboundary impact, and the effectiveness of those 
measures, is made available to the public. For this purpose, the Riparian 
Parties shall ensure that the following information is made available to the 
public : 
(a) Water-quality objectives; 
(b) Permits issued and the conditions required to be met; 
(c) Results of water arid effluent sampling carried out for the purposes 
of monitoring and assessment, as well as results of checking compliance with 
the water-quality objectives or the permit conditions. 
2. The Riparian Parties shall ensure that this information shall be available 
to the public at all reasonable times for inspection free of charge, arid shall 
provide members of the public with reasonable facilities for obtaining from 
the Riparian Parties, on payment of reasonable charges, copies of such 
information. 
PART III 
INSTITUTIONAL AND FINAL PROVISIONS 
Ax.ticJ.e_ 17 
MEETING OF PARTIES 
1. The first meeting of the Parties shall be convened no later than one year 
after the date of the entry into force of this Convention. Thereafter, 
ordinary meetings shall be held every three years, or at shorter intervals as 
laid down in the rules of procedure. The Parties shall hold an extraordinary 
meeting if they so decide in the course of an ordinary meeting or at the 
written request of any Party, provided that, within six months of it being 
communicated to all Parties, the said request is supported by at least one 
third of the Parties. 
2. At their meetings, the Parties shall keep under continuous review the 
implementation of this Convention, and, with this purpose in mind, shall: 
(a) Review the policies for and methodological approaches to the 
protection and use of transboundary waters of the Parties with a view to 
further improving the protection and use of transboundary waters; 
(b) Exchange information regarding experience gained in concluding and 
implementing bilateral and multilateral agreements or other arrangements 
regarding the protection and use of transboundary waters to which one or more 
of the Parties are party; 
(c) Seek, where appropriate, the services of relevant: ECE bodies as well 
as other competent international bodies and specific committees in all aspects 
pertinent to the achievement of the purposes of this Convention; 
(d) At their first meeting, consider and by consensus adopt rules of 
procedure for their meetings; 
(e) Consider and adopt proposals for amendments to this Convention; 
(f) Consider and undertake any additional action that may be required 
for the achievement of the purposes of this Convention. 
Article 18 
RIGHT TO VOTE 
1. Except as provided for in paragraph 2 of this article, each Party to this 
Convention shall have one vote. 
2. Regional economic integration organizations, in matters within their 
competence, shall exercise their right to vote with a number of votes equal to 
the number of their member States which are Parties to this Convention. Such 
organizations shall not exorcise their right to vote if their member States 
exercise theirs, and vice versa. é 
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Article 1? 
SECRETARIAT 
The Executive Secretary of the Economie Commission for Europe shall carry 
out. the following secretariat functions: 
(a) The convening and preparing of meetings of the Parties; 
(b) The transmission to the Parties of reports and other information 
received in accordance with the provisions of this Convention; 
(c) The performance of such other functions as may be determined by the 
Parties. 
Article 20 
ANNEXES 
Annexes to this Convention shall constitute an integral part thereof. 
Artiç^le_21 
Ç AMENDMENTS TO THE CONVENTION 
1. Any Party may propose amendments to this Convention. 
2. Proposals for amendments to this Convention shall be considered at a 
meeting of the Parties. 
3. The text of any proposed amendment to this Convention shall be submitted 
in writing to the Executive Secretary of the Economic Commission for Europe, 
who shall communicate it to all Parties at least ninety days before the 
meeting at which it is proposed for adoption. 
4. An amendment to the present Convention shall be adopted by consensus of 
the representatives of the Parties to this Convention present at a meeting of 
the Parties, and shall enter into force for the Parties to the Convention 
which have accepted it on the ninetieth day after the date on which two thirds 
of those Parties have deposited with the Depositary their instruments of 
acceptance of the amendment. The amendment shall enter into force for any 
other Party or) the ninetieth day after the date on which that Party deposits 
\j its instrument of acceptance of the amendment. 
Article 22 
SETTLEMENT OF DISPUTES 
1. If a dispute arises between two or more 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 
d i s pu te . 
2. When signing, ratifying, accepting, approving or acceding to this 
Convention, or at any time thereafter, a Party may declare in writing to the 
Depositary that, for a dispute not resolved in accordance with paragraph 1 of 
- 11 -
this article, il accepts one or- both of the following moans of dispute 
settlement as compulsory in relation to any Party accepting the same 
obligation: 
(a) Submission of the dispute to the International Court of Justice; 
(b) Arbitration in accordance with tho procedure sot out in annex IV. 
3. If the parties to the dispute have accepted both means of dispute 
settlement referred to in paragraph 2 of this article, the dispute may be 
submitted only to the International Court of Justice, unless the parties agree 
otherwise. 
Article 23 
SIGNATURE 
This Convention shall be open for signature at. Helsinki from 17 to 
18 March 1992 inclusive, and thereafter at United Nations Headquarters in 
New York until 18 September 1992 by States members of the Economic Commission 
for Europe as well as States having consultative status with the Economic 
Commission for Europe pursuant to paragraph 8 of Economic and Social Council 
resolution 36 (IV) of 28 March 1947, and by regional economic integration 
organizations constituted by sovereign States members of the Economic 
Commission for Europe to which their member States have transferred competence 
over matters governed by this Convention, including the competence to enter 
into treaties in respect of these matters. 
Article 24 
DEPOSITARY 
The Secretary-General of the United Nations shall act. as the Depositary 
of this Convention. 
Article 25 
RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 
1. This Convention shall be subject to ratification, acceptance or approval 
by signatory States and regional economic integration organizations. 
2. This Convention shall be open for accession by the States and 
organizations referred to in article 23. 
3. Any organization referred to in article 23 which becomes a Party to this 
Convention without any of its member States being a Party shall be bound by 
all the obligations under this Convention. In the case of such organizations, 
one or more of whose member States is a Party to this Convention, the 
organization and its member States shall decide on their respective 
responsibilities for the performance of their obligations under this 
Convention. In such cases, the organization arid the member States shall not. 
bo entitled to exercise rights under this Convention concurrently. 
4. In their instruments of ratification, acceptance, approval or accession, 
the regional economic integration organizations referred to in article 23 
shall declare the extent of their competence with respect, to the matters 
governed by this Convention. These organizations shall also inform the 
Depositary of any substantial modification to the extent of their competence. 
12 
© Article26 
ENTRY INTO FORCE 
1. This Convention shall enter into force on the ninetieth day after the 
date of deposit of the sixteenth instrument of ratification, acceptance, 
approval or accession. 
2. For the purposes of paragraph 1 of this article, any instrument deposited 
by a regional economic integration organization shall not be counted as 
additional to those deposited by States members of such an organization. 
3. For each State or organization referred to in article 23 which ratifies, 
accepts or approves this Convention or accedes thereto after the deposit of 
the sixteenth instrument of ratification, acceptance, approval or accession, 
the Convention shall enter into force on the ninetieth day after the date of 
deposit by such State or organization of its instrument of ratification, 
acceptance, approval or accession. 
Article 27 
WITHDRAWAL 
At any time after three years from the date on which this Convention has 
come into force with respect to a Party, that Party may withdraw from the 
Convention by giving written notification to the Depositary. Any such 
withdrawal shall take effect on the ninetieth day after the date of its 
receipt by the Depositary. 
Article 28 
AUTHENTIC TEXTS 
The original of this Convention, of which the English, French and Russian 
texts are equally authentic, shall be deposited with the Secretary-General of 
the United Nations. 
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have 
signed this Convention. 
DONE at Helsinki, this seventeenth day of March one thousand nine hundred 
and ninety-two. 
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ANNEX I 
DEFINITION OF THE TERM "BEST AVAIL ABIE TECHNOLOGY" 
1. The term "best available technology" is taken to mean the latest stage of 
development of processes, facilities or 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 technology in general 
or individual cases, special consideration is given to: 
(a) Comparable processes, facilities or methods of operation which have 
recently been successfully tried out; 
(b) Technological advances and changes in scientific knowledge and 
understanding; 
(c) The economic feasibility of such technology; 
(d) Time limits for installation in both new and existing plants; 
(e) The nature and volume of the discharges and effluents concerned; 
(f) Low- and non-waste technology. 
2. It therefore follows that what is "best available technology" for a 
particular process will change with time in the light of technological 
advances, economic and social factors, as well as in the light, of changes in 
scientific knowledge and understanding. 4 
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ANNEX II 
GUIDELINES FOR DEVELOPING BEST ENVIRONMENTAL PRACTICES 
1. In selecting for individual cases the most appropriate combination of 
measures which may constitute the best environmental practice, the following 
graduated range of measures should be considered: 
(a) Provision of information and education to the public and to users 
about the environmental consequences of the choice of particular activities 
and products, their use and ultimate disposal; 
(b) The development and application of codes of good environmental 
practice which cover all aspects of the product's life; 
(c) Labels informing users of environmental risks related to a product, 
its use and ultimate disposal; 
(d) Collection and disposal systems available to the public; 
(e) Recycling, recovery and reuse; 
(f) Application of economic instruments to activities, products or 
groups of products; 
(g) A system of licensing, which involves a range of restrictions or a 
ban. 
2. In determining what combination of measures constitute best, environmental 
practices, in general or in individual cases, particular consideration should 
be given to: 
(a) The environmental hazard of: 
(i) The product; 
(ii) The product's production; 
(iii) The product's use; 
(iv) The product's ultimate disposal; 
(b) Substitution by less polluting processes or substances; 
(c) Scale of use; 
(d) Potential environmental benefit or penalty of substitute materials 
or activities; 
(e) Advances and changes in scientific knowledge and understanding; 
(f) Time limits for implementation; 
(g) Social and economic, implications. 
3. It therefore follows that best environmental practices for a particular 
source will change with time in the light of technological advances, economic 
and social factors, as well as in the light of changes in scientific knowledge 
and understanding. 
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ANNEX 11 I 
GUI DE I 1 WE S FOR DEVELOPING WAI E R-QUAt I I Y 
OB J EC I IV E S AND ( :R 11 E R IA 
Waterquality objectives and criteria shall: 
(a) Take into account the aim of maintaining and, where necessary, 
improving the existing water quality; 
(b) Aim at the reduction of average pollution loads (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 and groundwater 
resources; 
(e) Be based or) the application of ecological classification methods and 
chemical indices for the medium- and long-term review of water-quality 
maintenance and improvement; 
(f) Take into account the degree to which objectives are reached and the 
additional protective measures, based on emission limits, which may be 
required in individual cases. 
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ANNEX IV 
ARBITRATION 
1. In the event of a dispute being submitted for arbitration pursuant to 
article 22, paragraph 2 of this Convention, a party or parties shall notify 
the secretariat of the subject matter of arbritration and indicate, in 
particular, the articles of this Convention whose interpretation or 
application is at issue. The secretariat shall forward the information 
received to all Parties to this Convention. 
2. The arbitral tribunal shall consist of throe members. Both tho claimant 
party or parties and the other party or parties to the dispute shall appoint 
an arbitrator, and the two arbitrators so appointed shall designate by common 
agreement the third arbitrator, who shall be the president of the arbitral 
tribunal. The latter shall not be a national of one of the parties to the 
dispute, nor have his or her usual place of residence in the territory of one 
of those parties, nor be employed by any of them, nor have dealt with the case 
in any other capacity. 
3. If the president of the arbitral tribunal has not been designated within 
two months of the appointment of the second arbitrator, the Executive 
Secretary of the Economic Commission for Europe shall, at the request of 
either party to the dispute, designate tho president within a further 
two-month period. 
4. If one of the parties to the dispute does not appoint an arbitrator 
within two months of the receipt of the request, the other party may so inform 
the Executive Secretary of the Economic Commission for Europe, who shall 
designate the president of the arbitral tribunal within a further two-month 
period. Upon designation, the president of the arbitral tribunal shall 
request the party which has not appointed an arbitrator to do so within two 
months. If it fails to do so within that period, the president shall so 
inform the Executive Secretary of the Economic Commission for Europe, who 
shall make this appointment within a further two-month period. 
5. The arbitral tribunal shall render its decision in accordance with 
international law and the provisions of this Convention. 
6. Any arbitral tribunal constituted under tho provisions set out in this 
annex shall draw up its own rules of procedure. 
7. The decisions of the arbitral tribunal, both on procedure and on 
substance, shall be taken by majority vote of its members. 
8. The tribunal may take all appropriate measures to establish the facts. 
9. The parties to the dispute shall facilitate the work of the arbitral 
tribunal and, in particular, using all means at their disposal, shall: 
(a) Provide it with all relevant documents, facilities and information; 
(b) Enable it, where necessary, to call witnesses or experts and receive 
their evidence. 
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10. The parties and the arbitrators shall protect the confidentiality of any 
information they receive in confidence during the proceedings of the arbitral 
tribunal. 
11. The arbitral tribunal may, at. the request of one of the parties, 
recommend interim measures of protection. 
12. If one of the parties to the dispute does not appear before the arbitral 
tribunal or fails to defend its case, the other party may request the tribunal 
to continue the proceedings and to render its final decision. Absence of a 
party or failure of a party to defend its case shall not constitute a bar to 
the proceedings. 
13. The arbitral tribunal may hear and determine counter-claims arising 
directly out of the subject-matter of the dispute. 
14. Unless the arbitral tribunal determines otherwise because of the 
particular 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. 
15. Any Party to this Convention which has an interest of a legal nature in 
the subject-matter of the dispute, and which may be affected by a decision in à 
the case, may intervene in the proceedings with the consent of the tribunal. 
16. 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. 
17. The award of the arbitral tribunal shall be accompanied by a statement of 
reasons. It shall be final and binding upon all parties to the dispute. The 
award will be transmitted by the arbitral tribunal to the parties to the 
dispute and to the secretariat. The secretariat will forward the information 
received to all Parties to this Convention. 
18. Any dispute which may arise between the parties concerning the 
interpretation 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 tribunal constituted for this purpose in the same manner 
as the first. 
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ANNEX I I 
Declaration of the European Economic Community pursuant to Article 25(4) of 
the Convention on the protection and use of transboundary watercourses and 
international lalces 
Having regard to Article 25(4) of the Convention on the protection and use 
of transboundary watercourses and international lakes concerning the extent 
of competence. 
In accordance with the EEC Treaty and taking into account existing 
Community legislation in the field covered by the Convention, the Community 
already has international competence in this field which it shares with the 
Member States as regards matters which are covered by the Convention on the 
protection and use of transboundary watercourses and international lakes 
but are not yet covered by Community legislation. However, it is the 
Community's responsibility to exercise its competence, if necessary, by 
adopting other provisions in the field. 
The Community is therefore competent, within the abovementioned limits, to 
enter into commitments vis-à-vis third countries which are Contracting 
Parties to the Convention on the protection and use of transboundary 
watercourses and international lakes. 
IS ~ 
ISSN 0254-1475 
COM(93) 271 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-93-301-EN-C 
ISBN 92-77-56693-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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