Convention on the Transboundary Effects of Industrial Accidents - Declaration by the European Community concerning competence
Date: 1992-03-17
Institutions: Albania, Austria, Belgium, Bulgaria, Canada, Denmark, Estonia, European Community, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Russia, Spain, Sweden, Switzerland, United Kingdom, United States
Subjects: UN convention, cross-border cooperation, environmental cooperation, environmental protection, industrial accident, industrial hazard, international cooperation, multilateral agreement, public health

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CONVENTION  ON  THE  TRANSBOUNDARY  EFFECTS  OF
INDUSTRIAL  ACCIDENTS

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CONVENTION  ON  THE  TRANSBOUNDARY  EFFECTS  OF  INDUSTRIAL  ACCIDENTS

Preamble

THE  PARTIES  TO  THIS  CONVENTION,

MINDFUL of the special importance, in the interest of present and future generations, of protecting human
beings  and  the  environment  against  the  effects  of  industrial  accidents,

RECOGNISING the importance and urgency of preventing serious adverse effects of industrial accidents on
human  beings  and  the  environment,  and  of  promoting  all  measures  that  stimulate  the  rational,  economic
and  efficient  use  of  preventive,  preparedness  and  response  measures  to  enable  environmentally  sound  and
sustainable  economic  development,

TAKING INTO ACCOUNT the fact that the effects of industrial accidents may make themselves felt across
borders,  and  require  cooperation  among  States,

AFFIRMING  the  need  to  promote  active  international  cooperation  among  the  States  concerned  before,
during  and  after  an  accident,  to  enhance  appropriate  policies  and  to  reinforce  and  coordinate  action  at  all
appropriate  levels  for  promoting  the  prevention  of,  preparedness  for  and  response  to  the  transboundary
effects  of  industrial  accidents,

NOTING  the  importance  and  usefulness  of  bilateral  and  multilateral  arrangements  for  the  prevention  of,
preparedness  for  and  response  to  the  effects  of  industrial  accidents,

CONSCIOUS  of  the  role  played  in  this  respect  by  the  United  Nations  Economic  Commission  for  Europe
(ECE) and recalling, inter alia, the ECE Code of Conduct on Accidental Pollution of Transboundary Inland
Waters  and  the  Convention  on  Environmental  Impact  Assessment  in  a  Transboundary  Context,

HAVING  REGARD  to  the  relevant  provisions  of  the  Final  Act  of  the  Conference  on  Security  and
Cooperation in Europe (CSCE), the Concluding Document of the Vienna Meeting of Representatives of the
Participating  States  of  the  CSCE,  and  the  outcome  of  the  Sofia  Meeting  on  the  Protection  of  the
Environment  of  the  CSCE,  as  well  as  to  pertinent  activities  and  mechanisms  in  the  United  Nations
Environment  Programme  (UNEP),  in  particular  the  APELL  programme,  in  the  International  Labour
Organisation (ILO), in particular the Code of Practice on the Prevention of Major Industrial Accidents, and
in  other  relevant  international  organisations,

CONSIDERING  the  pertinent  provisions  of  the  Declaration  of  the  United  Nations  Conference  on  the
Human Environment, and in particular principle 21, according to which States have, in accordance with the
Charter  of  the  United  Nations  and  the  principles  of  international  law,  the  sovereign  right  to  exploit  their
own resources pursuant to their own environmental policies, and the responsibility to ensure that activities
within  their  jurisdiction  or  control  do  not  cause  damage  to  the  environment  of  other  States  or  of  areas
beyond  the  limits  of  national  jurisdiction,

TAKING  ACCOUNT  of  the  polluter-pays  principle  as  a  general  principle  of  international  environmental
law,

UNDERLINING  the  principles  of 
good-neighbourliness,  reciprocity,  non-discrimination  and  good  faith,

international 

law  and  custom, 

in  particular  the  principles  of

HAVE  AGREED  as  follows:

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Article  1

Definitions

Article  2

Scope

For  the  purposes  of  this  Convention:

(a)  ‘industrial accident’ means an event resulting from an
in  the  course  of  any

uncontrolled  development 
activity  involving  hazardous  substances  either:

(i)  in 

an 

installation, 

during
manufacture,  use,  storage,  handling,  or  disposal;
or

example 

for 

1. This  Convention  shall  apply  to  the  prevention  of,
preparedness  for  and  response  to  industrial  accidents
capable  of  causing  transboundary  effects,  including  the
effects  of  such  accidents  caused  by  natural  disasters,  and
to 
concerning  mutual
assistance,  research  and  development,  exchange  of
information  and  exchange  of  technology  in  the  area  of
prevention of, preparedness for and response to industrial
accidents.

international 

cooperation 

(ii) during  transportation  in  so  far  as  it  is  covered  by

paragraph  2(d)  of  Article  2;

(b) ‘hazardous  activity’  means  any  activity  in  which  one
or  more  hazardous  substances  are  present  or  may  be
present  in  quantities  at  or  in  excess  of  the  threshold
quantities  listed  in  Annex  I  hereto,  and  which  is
capable  of  causing  transboundary  effects;

(c)  ‘effects’  means  any  direct  or  indirect,  immediate  or
delayed  adverse  consequences  caused  by  an  industrial
accident  on;  inter alia:

2. This  Convention  shall  not  apply  to:

(a)  nuclear  accidents  or  radiological  emergencies;

(b) accidents  at  military  installations;

(c)  dam  failures,  with  the  exception  of  the  effects  of

industrial  accidents  caused  by  such  failures;

(d) land-based  transport  accidents  with  the  exception  of:

(i)  human  beings,  flora  and  fauna;

(i)  emergency  response  to  such  accidents;

(ii)  soil,  water,  air  and  landscape;

(ii) transportation  on  the  site  of  the  hazardous

(iii)  the  interaction  between  the  factors  in  (i)  and

(ii);

(iv)  material  assets  and  cultural  heritage,  including

historical  monuments;

(d) ‘transboundary  effects’  means  serious  effects  within
the  jurisdiction  of  a  Party  as  a  result  of  an  industrial
accident  occurring  within  the  jurisdiction  of  another
Party;

(e)  ‘operator’  means  any  natural  or 

legal  person,
including  public  authorities,  in  charge  of  an  activity,
e.g. supervising, planning to carry out or carrying out
an activity;

(f)  ‘Party’  means,  unless  the  text  otherwise  indicates,  a

Contracting  Party  to  this  Convention;

(g)  ‘Party  of  origin’  means  any  Party  or  Parties  under
whose  jurisdiction  an  industrial  accident  occurs  or  is
capable  of  occurring;

(h) ‘affected Party’ means any Party or Parties affected or
capable  of  being  affected  by  transboundary  effects  of
an  industrial  accident;

(i)  ‘Parties concerned’ means any Party of origin and any

affected  Party;

activity;

(e)  accidental  release  of  genetically  modified  organisms;

(f)  accidents  caused  by  activities 
seabed 

including 

environment, 
exploitation;

in 
the  marine
exploration  or

(g)  spills  of  oil  or  other  harmful  substances  at  sea.

Article  3

General provisions

international 

levels, 
cooperate  within 

1. The  Parties  shall,  taking  into  account  efforts  already
take
made  at  national  and 
appropriate  measures  and 
the
framework  of  this  Convention,  to  protect  human  beings
and  the  environment  against  industrial  accidents  by
preventing  such  accidents  as  far  as  possible,  by  reducing
their  frequency  and  severity  and  by  mitigating  their
effects.  To 
this  end,  preventive,  preparedness  and
response  measures,  including  restoration  measures,  shall
be  applied.

(j)  ‘the  public’  means  one  or  more  natural  or  legal

persons.

2. The  Parties  shall,  by  means  of  exchange  of
information, consultation and other cooperative measures
and without undue delay, develop and implement policies

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and  strategies  for  reducing  the  risks  of 
industrial
accidents  and  improving  preventive,  preparedness  and
response measures, including restoration measures, taking
into  account,  in  order  to  avoid  unnecessary  duplication,
efforts  already  made  at  national  and  international  levels.

3. The  Parties  shall  ensure  that  the  operator  is  obliged
to take all measures necessary for the safe performance of
the  hazardous  activity  and  for  the  prevention  of
industrial  accidents.

4. To  implement  the  provisions  of  this  Convention,  the
Parties  shall  take  appropriate 
legislative,  regulatory,
administrative  and  financial  measures  for  the  prevention
of,  preparedness 
industrial
accidents.

for  and 

response 

to 

5. The provisions of this  Convention  shall not prejudice
any  obligations  of  the  Parties  under  international  law
with  regard  to 
industrial  accidents  and  hazardous
activities.

Article  4

Identification,  consultation  and  advice

1. For  the  purpose  of  undertaking  preventie  measures
and setting up preparedness measures, the Party of origin
shall take measures, as appropriate, to identify hazardous
activities  within  its  jurisdiction  and  to  ensure  that
affected  Parties  are  notified  of  any  such  proposed  or
existing activity.

2. Parties  concerned  shall,  at  the  initiative  of  any  such
Party, enter into discussions on the identification of those
hazardous  activities  that  are,  reasonably,  capable  of
causing transboundary effects. If the Parties concerned do
not  agree  on  whether  an  activity  is  such  a  hazardous
activity, any such Party may, unless the Parties concerned
agree  on  another  method  of  resolving  the  question,
submit  that  question  to  an 
in
accordance  with  the  provisions  of  Annex  II  hereto  for
advice.

inquiry  commission 

3. The Parties shall, with respect to proposed or existing
hazardous  activities,  apply  the  procedures  set  out  in
Annex  III  hereto.

is  subject 

4. When  a  hazardous  activity 
to  an
environmental  impact  assessment  in  accordance  with  the
Convention  on  Environmental  Impact  Assessment  in  a
Transboundary  Context  and  that  assessment  includes  an
evaluation  of  the  transboundary  effects  of  industrial
accidents from the hazardous activity which is performed
in conformity with the terms of this Convention, the final
decision  taken  for  the  purposes  of  the  Convention  on

Environmental  Impact  Assessment  in  a  Transboundary
Context  shall  fulfil  the  relevant  requirements  of  this
Convention.

Article  5

Voluntary  extension

Parties concerned should, at the initiative of any of them,
enter  into  discussions  on  whether  to  treat  an  activity  not
covered by Annex I as a hazardous activity. Upon mutual
agreement,  they  may  use  an  advisory  mechanism  of  their
choice,  or  an  inquiry  commission  in  accordance  with
Annex II, to advise them. Where the Parties concerned so
agree, this Convention, or any part thereof, shall apply to
the  activity  in  question  as  if  it  were  a  hazardous
activity.

Article  6

Prevention

1. The  Parties  shall  take  appropriate  measures  for  the
prevention  of  industrial  accidents,  including  measures  to
induce action by operators to reduce the risk of industrial
accidents. Such measures may include, but are not limited
to  those  referred  to  in  Annex  IV  hereto.

2. With  regard  to  any  hazardous  activity,  the  Party  of
origin  shall  require  the  operator  to  demonstrate  the  safe
performance of the hazardous activity by the provision of
information such as basic details of the process including
but  not  limited  to,  analysis  and  evaluation  as  detailed  in
Annex  V  hereto.

Article  7

Decision-making  on  siting

Within  the  framework  of  its  legal  system,  the  Party  of
origin  shall,  with  the  objective  of  minimising  the  risk  to
the  population  and  the  environment  of  all  affected
Parties, seek the establishment of policies on the siting of
new hazardous activities and on significant modifications
to existing hazardous activities. Within the framework of
their  legal  systems,  the  affected  Parties  shall  seek  the
establishment  of  policies  on  significant  developments  in
areas which could be affected by transboundary effects of
an  indusrial  accident  arising  out  of  a  hazardous  activity
so  as  to  minimise  the  risks  involved.  In  elaborating  and
establishing these policies, the Parties should consider the
matters  set  out  in  Annex  V,  paragraph  2,  subparagraphs
1  to  8,  and  Annex  VI  hereto.

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Article  8

Emergency  preparedness

1. The  Parties  shall  take  appropriate  measures  to
establish  and  maintain  adequate  emergency  preparedness
to  respond  to  industrial  accidents.  The  Parties  shall
ensure  that  preparedness  measures  are  taken  to  mitigate
transboundary  effects  of  such  accidents,  on-site  duties
being  undertaken  by  operators.  These  measures  may
include, but are not limited to those referred to in Annex
VII  hereto.  In  particular,  the  Parties  concerned  shall
inform  each  other  of  their  contingency  plans.

2. The  Party  of  origin  shall  ensure  for  hazardous
activities  the  preparation  and  implementation  of  on-site
contingency  plans, 
for
response  and  other  measures  to  prevent  and  minimise
transboundary  effects.  The  Party  of  origin  shall  provide
to the other Parties concerned the elements it has for the
elaboration  of  contingency  plans.

including  suitable  measures 

3. Each  Party  shall  ensure  for  hazardous  activities  the
preparation  and  implementation  of  off-site  contingency
plans  covering  measures  to  be  taken  within  its  territory
to  prevent  and  minimise  transboundary  effects.  In
preparing  these  plans,  account  shall  be  taken  of  the
conclusions  of  analysis  and  evaluation,  in  particular  the
matters  set  out  in  Annex  V,  paragraph  2,  subparagraphs
1  to  5.  Parties  concerned  shall  endeavour  to  make  such
joint  off-site
plans  compatible.  Where  appropriate, 
contingency plans shall be drawn up in order to facilitate
the  adoption  of  adequate  response  measures.

4. Contingency  plans  should  be  reviewed  regularly,  or
when  circumstances  so  require,  taking  into  account  the
experience  gained  in  dealing  with  actual  emergencies.

2. The  Party  of  origin  shall,  in  accordance  with  the
provisions of this Convention and whenever possible and
appropriate, give the public in the areas capable of being
affected  an  opportunity 
in  relevant
procedures  with  the  aim  of  making  known  its  views  and
concerns  on  prevention  and  preparedness  measures,  and
shall  ensure  that  the  opportunity  given  to  the  public  of
the affected Party is equivalent to that given to the public
of  the  Party  of  origin.

to  participate 

3. The  Parties  shall,  in  accordance  with  their  legal
systems  and,  if  desired,  on  a  reciprocal  basis  provide
natural  or  legal  persons  who  are  being  or  are  capable  of
being  adversely  affected  by  the  transboundary  effects  of
an  industrial  accident  in  the  territory  of  a  Party,  with
access  to,  and  treatment  in  the  relevant  administrative
and  judicial  proceedings,  including  the  possibilities  of
starting  a  legal  action  and  appealing  a  decision  affecting
their  rights,  equivalent  to  those  available  to  persons
within  their  own  jurisdiction.

Article  10

Industrial  accident  notification  systems

1. The  Parties  shall,  with  the  aim  of  obtaining  and
transmitting  industrial  accident  notifications  containing
information  needed  to  counteract  transboundary  effects,
provide 
the  establishment  and  operation  of
compatible  and  efficient  industrial  accident  notification
systems  at  appropriate  levels.

for 

2.
In  the  event  of  an  industrial  accident,  or  imminent
threat  thereof,  which  causes  or  is  capable  of  causing
transboundary  effects,  the  Party  of  origin  shall  ensure
that  affected  Parties  are,  without  delay,  notified  at
appropriate 
industrial  accident
notification  systems.  Such  notification  shall  include  the
elements  contained  in  Annex  IX  hereto.

through 

levels 

the 

Article  9

Information  to,  and  participation  of  the  public

3. The  Parties  concerned  shall  ensure  that,  in  the  event
of  an  industrial  accident  or  imminent  threat  thereof,  the
contingency  plans  prepared  in  accordance  with  Article  8
are  activated  as  soon  as  possible  and  to  the  extent
appropriate  to  the  circumstances.

1. The  Parties  shall  ensure  that  adequate  information  is
given  to  the  public  in  the  areas  capable  of  being  affected
by  an  industrial  accident  arising  out  of  a  hazardous
activity.  This  information  shall  be  transmitted  through
such  channels  as  the  Parties  deem  appropriate,  shall
include  the  elements  contained  in  Annex  VIII  hereto  and
should  take  into  account  matters  set  out  in  Annex  V,
paragraph  2,  subparagraphs  1  to  4  and  9.

Article  11

Response

1. The  Parties  shall  ensure  that,  in  the  event  of  an
industrial  accident,  or  imminent  threat  thereof,  adequate

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response  measures  are  taken,  as  soon  as  possible  and
using  the  most  efficient  practices,  to  contain  and
minimise  effects.

including research into less hazardous processes aimed at
limiting accident hazards and preventing and limiting the
consequences  of  industrial  accidents.

2.
In  the  event  of  an  industrial  accident,  or  imminent
threat  thereof,  which  causes  or  is  capable  of  causing
transboundary  effects,  the  Parties  concerned  shall  ensure
that the effects are assessed — where appropriate, jointly
for  the  purpose  of  taking  adequate  response  measures.
The Parties concerned shall endeavour to coordinate their
response  measures.

Article  15

Exchange  of  information

The  Parties  shall,  at  the  multilateral  or  bilateral  level,
exchange  reasonably  obtainable  information,  including
the  elements  contained  in  Annex  XI  hereto.

Article  12

Mutual  assistance

Article  16

Exchange  of  technology

1.
If  a  Party  needs  assistance  in  the  event  of  an
industrial  accident,  it  may  ask  for  assistance  form  other
Parties,  indicating  the  scope  and  type  of  assistance
required.  A  Party  to  whom  a  request  for  assistance  is
directed  shall  promptly  decide  and  inform  the  requesting
Party  whether  it  is  in  a  position  to  render  the  assistance
required  and 
indicate  the  scope  and  terms  of  the
assistance  that  might  be  rendered.

2. The Parties concerned shall cooperate to facilitate the
prompt provision of assistance agreed to under paragraph
1  of  this  Article,  including,  where  appropriate,  action  to
minimise  the  consequences  and  effects  of  the  industrial
accident, and to provide general assistance. Where Parties
do  not  have  bilateral  or  multilateral  agreements  which
cover  their  arangements  for  providing  mutual  assistance,
the  assistance  shall  be  rendered  in  accordance  with
Annex  X  hereto,  unless  the  Parties  agree  otherwise.

Article  13

Responsibility  and  liability

The Parties shall support appropriate international efforts
to  elaborate  rules,  criteria  and  procedures  in  the  field  of
responsiblity and liability.

Article  14

Research  and  development

The Parties shall, as appropriate, initiate and cooperate in
the  conduct  of  reseach  into,  and  in  the  development  of
methods  and 
the  prevention  of,
preparedness for and response to industrial accidents. For
these  purposes,  the  Parties  shall  encourage  and  actively
cooperation,
promote 

scientific  and 

technological 

technologies 

for 

shall,  consistent  with 

1. The  Parties 
laws,
regulations  and  practices,  facilitate  the  exchange  of
technology  for  the  prevention  of,  preparedness  for  and
response to the effects of industrial accidents, particularly
through  the  promotion  of:

their 

(a)  exchange of available technology on various financial

bases;

(b) direct  industrial  contacts  and  cooperation;

(c)  exchange  of  information  and  experience;

(d) provision  of  technical  assistance.

2.
In  promoting  the  activities  specified  in  paragraph  1,
subparagraphs  (a)  to  (d)  of  this  Article,  the  Parties  shall
create  favourable  conditions  by  facilitating  contacts  and
cooperation  among  appropriate  organisations  and
individuals in both the private and the public sectors that
are  capable  of  providing 
technology,  design  and
engineering  services,  equipment  or  finance.

Article  17

Competent  authorities  and  points  of  contact

1. Each  Party  shall  designate  or  estalbish  one  or  more
competent  authorities 
this
for 
Convention.

the  purposes  of 

2. Without  prejudice  to  other  arrangements  at  the
bilateral  or  multilateral  level,  each  Party  shall  designate
or  establish  one  point  of  contact  for  the  purpose  of
industrial  accident  notifications  pursuant  to  Article  10,
and  one  point  of  contact  for  the  purpose  of  mutual
assistance pursuant to Article 12. These points of contact
should  preferably  be  the  same.

3. Each  Party  shall,  within  three  months  of  the  date  of
entry into force of this Convention for that Party, inform
the  other  Parties,  through  the  Secretariat  referred  to  in

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Article  20,  which  body  or  bodies  it  has  designated  as  its
point(s)  of  contact  and  as  its  competent  authority  or
authorities.

4. Each  Party  shall,  within  one  month  of  the  date  of
decision, 
the
Secretariat, of any changes regarding the designation(s) it
has  made  under  paragraph  3  of  this  Article.

the  other  Parties, 

through 

inform 

5. Each  Party  shall  keep  its  point  of  contact  and
industrial  accident  notification  systems  pursuant  to
Article  10  operational  at  all  times.

6. Each  Party  shall  keep  its  point  of  contact  and  the
authorities  responsible  for  making  and  receiving  requests
for, and accepting offers of assistance pursuant to Article
12  operational  at  all  times.

Article  18

Conference  of  the  Parties

1. The  representatives  of  the  Parties  shall  consitute  the
Conference  of  the  Parties  of  this  Convention  and  hold
their meetings on a regular basis. The first meeting of the
Conference of the Parties shall be convened not later than
one  year  after  the  date  of  the  entry  into  force  of  this
Convention.  Thereafter,  a  meeting  of  the  Conference  of
the  Parties  shall  be  held  at  least  once  a  year  or  at  the
written  request  of  any  Party,  provided  that,  within  six
months  of  the  request  being  communicated  to  them  by
the Secretariat, it is supported by at least one third of the
Parties.

2. The  Conference  of  the  Parties  shall:

(a)  review  the  implementation  of  this  Convention;

(b) carry  out  advisory  functions  aimed  at  strengthening
the  ability  of  Parties  to  prevent,  prepare  for  and
respond  to  the  transboundary  effects  of  industrial
accidents, and at facilitating the provision of technical
assistance  and  advice  at  the  request  of  Parties  faced
with  industrial  accidents;

(c)  establish,  as  appropriate,  working  groups  and  other
appropriate  mechanisms  to  consider  matters  related
to  the 
implementation  and  development  of  this
Convention  and,  to  this  end,  to  prepare  appropriate
submit
studies  and  other  documentation  and 
recommendations for consideration by the Conference
of  the  Parties;

(d) fulfil  such  other  functions  as  may  be  appropriate

under  the  provisions  of  this  Convention;

(e)  at its first meeting, consider and, by consensus, adopt

rules  of  procedure  for  its  meetings.

3. The  Conference  of  the  Parties,  in  discharging  its
it  deems  appropriate,  also
functions,  shall  when 
cooperate 
international
organisations.

relevant 

other 

with 

4. The  Conference  of  the  Parties  shall,  at  its  first
meeting,  establish  a  programme  of  work,  in  particular
with  regard  to  the  items  contained  in  Annex  XII  hereto.
The  Conference  of  the  Parties  shall  also  decide  on  the
method  of  work,  including  the  use  of  national  centres
and cooperation with relevant international organisations
and  the  establishment  of  a  system  with  a  view  to
facilitating  the  implementation  of  this  Convention,  in
particular  for  mutual  assistance  in  the  event  of  an
industrial  accident,  and  building  upon  pertinent  existing
activities  within  relevant  international  organisations.  As
part  of  the  programme  of  work,  the  Conference  of  the
Parties  shall  review  existing  national,  regional  and
international  centres,  and  other  bodies  and  programmes
aimed  at  coordinating  information  and  efforts  in  the
prevention of, preparedness for and response to industrial
accidents,  with  a  view  to  determining  what  additional
international  institutions  or  centres  may  be  needed  to
carry  out  the  tasks  listed  in  Annex  XII.

5. The  Conference  of  the  Parties  shall,  at  its  first
meeting, commence consideration of procedures to create
more 
the  exchange  of
technology  for  the  prevention  of,  preparedness  for  and
response  to  the  effects  of  industrial  acccidents.

favourable  conditions 

for 

6. The  Confernece  of  the  Parties  shall  adopt  guidelines
and  criteria  to  facilitate  the  identification  of  hazardous
activities  for  the  purposes  of  this  Convention.

Article  19

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  organisations  as
defined  in  Article  27  shall,  in  matters  within  their
competence, 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  organisations  shall
not  exercise  their  right  to  vote  if  their  member  States
exercise  theirs,  and  vice  versa.

Article  20

Secretariat

The  executive  secretary  of  the  Economic  Comission  for
Europe 
secretariat
functions:

shall  carry  out 

following 

the 

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(a)  convene  and  prepare  meetings  of  the  Parties;

(b) transmit  to  the  Parties  reports  and  other  information
received  in  accordance  with  the  provisions  of  this
Convention;

(c)  such  other  functions  as  may  be  determined  by  the

Parties.

Article  21

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
method  of  dispute  settlement  acceptable  to  the  parties  to
the  dispute.

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
this Article, it accepts one or both of the following means
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  the  procedure  set  out

in  Annex  XIII  hereto.

If the parties to the dispute have accepted both means
3.
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  to  the
dispute  agree  otherwise.

Article  22

Limitations  on  the  supply  of  information

1. The provisions of this Convention shall not affect the
rights  or  the  obligations  of  Parties  in  accordance  with
their national laws, regulations, administrative provisions
or  accepted  legal  practices  and  applicable  international
regulations  to  protect  information  related  to  personal
data, 
including
intellectual  property,  or  national  security.

industrial  and  commercial  secrecy, 

If  a  Party  nevertheless  decides  to  supply  such
2.
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  23

Implementation

Parties 

The 
implementation  of  this  Convention.

report 

shall 

periodically 

on 

the

Article  24

Bilateral and multilateral agreements

implement  their
1. The  Parties  may, 
obligations  under  this  Convention,  continue  existing  or
enter  into  new  bilateral  or  multilateral  agreements  or
other  arrangements.

in  order  to 

2. The provisions of this Convention shall not affect the
right  of  Parties  to  take,  by  bilateral  or  multilateral
agreement  where  appropriate,  more  stringent  measures
than  those  required  by  this  Convention.

Article  25

Status  of  Annexes

The Annexes to this Convention form an integral part of
the  Convention.

Article  26

Amendments  to  the  Convention

1. Any  Party  may  propose  amendments 
Convention.

to 

this

2. 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  circulate  it  to  all  Parties.  The  Conference  of  the
Parties  shall  discuss  proposed  amendments  at  its  next
annual  meeting,  provided  that  such  proposals  have  been
circulated  to  the  Parties  by  the  executive  secretary  of  the
Economic  Commission  for  Europe  at  least  90  days  in
advance.

3. For  amendments  to  this  Convention  —  other  than
those to Annex I, for which the procedure is described in
paragraph  4  of  this  Article:

(a)  amendments  shall  be  adopted  by  consensus  of  the
Parties  present  at  the  meeting  and  shall  be  submitted
by  the  Depositary  to  all  Parties  for  ratification,
acceptance  or  approval;

(b) instruments  of  ratification,  acceptance  or  approval  of
amendments  shall  be  deposited  with  the  Depositary.
Amendments  adopted  in  accordance  with  this  Article
shall  enter  into  force  for  Parties  that  have  accepted

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them on the 90th day following the day of receipt by
the  Depositary  of  the  16th  instrument  of  ratification,
acceptance  or  approval;

Commission  for  Europe  to  which  their  member  States
have  transferred  competence 
in  respect  of  matters
governed  by  this  Convention,  including  the  competence
to  enter  into  treaties  in  respect  of  these  matters.

(c)  thereafter,  amendments  shall  enter  into  force  for  any
other  Party  on  the  90th  day  after  that  Party  deposits
its instruments of ratification, acceptance or approval
of  the  amendments.

Article  28

Depositary

4. For  amendments  to  Annex  I:

The  Secretary-General  of  the  United  Nations  shall  act  as
the  Depositary  of  this  Conveniton.

no 

and 

agreement 

(a)  the Parties shall make every effort to reach agreement
by  consensus.  If  all  efforts  at  consensus  have  been
exhausted 
the
amendments  shall,  as  a  last  resort,  be  adopted  by  a
nine-tenths  majority  vote  of  the  Parties  present  and
voting  at  the  meeting.  If  adopted  by  the  Conference
of 
be
communicated  to  the  Parties  and  recommended  for
approval;

amendments 

reached, 

Parties, 

shall 

the 

the 

(b) on  the  expiry  of  12  months  from  the  date  of  their
communication  by  the  Executive  Secretary  of  the
Economic  Commission  for  Europe,  the  amendments
to  Annex  I  shall  become  effective  for  those  Parties  to
this  Convention  which  have  not  submitted  a
notification  in  accordance  with  the  provisions  of
paragraph  4(c)  of  this  Article,  provided  that  at  least
16  Parties  hae  not  submitted  such  a  notification;

(c)  any Party that is unable to approve an amendment to
Annex  I  of  this  Convention  shall  so  notify  the
executive  secretary  of  the  Economic  Commission  for
Europe in writing within 12 months from the date of
the  communication  of  the  adoption.  The  executive
secretary  shall  without  delay  notify  all  Parties  of  any
such  notification  received.  A  Party  may  at  any  time
substitute  an  acceptance  for  its  previous  notification
and  the  amendment  to  Annex  I  shall  thereupon  enter
into  force  for  that  Party;

(d) for the purpose of this paragraph ‘Parties present and
voting’  means  Parties  present  and  casting  an
affirmative  or  negative  vote.

Article  29

Ratification,  acceptance,  approval  and  accession

1. This  Convention  shall  be  subject  to  ratification,
acceptance  or  approval  by  the  signatory  States  and
regional economic integration organisations referred to in
Article 27.

2. This  Convention  shall  be  open  for  accession  by  the
States  and  organisations  referred  to  in  Article  27.

3. Any  organisations  referred  to  in  Article  27  which
becomes  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
organisations,  one  or  more  of  whose  member  States  is  a
its
Party  to  this  Convention,  the  organisation  and 
member  States 
respective
shall  decide  on 
responsibilities  for  the  performance  of  their  obligations
under  this  Convention.  In  such  cases,  the  organisation
and  the  member  States  shall  not  be  entitled  to  exercise
rights  under  this  Convention  concurrently.

their 

In 

their 

4.
instruments  of  ratification,  acceptance,
approval  or  accession,  the  regional  economic  integration
organisations  referred  to  in  Article  27  shall  declare  the
extent  of  their  competence  with  respect  to  the  matters
governed  by  this  Convention.  These  organisations  shall
also inform the Depositary of an substantial modification
to  the  extent  of  their  competence.

Article  27

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  organisations  constituted
the  Economic
by 

sovereign  States  members  of 

Article  30

Entry  into  force

1. This  Convention  shall  enter  into  force  on  the  90th
day  after  the  date  of  deposit  of  the  16th  instrument  of
ratification,  acceptance,  approval  or  accession.

2. For  the  purposes  of  paragraph  1  of  this  Article,  any
instrument  deposited  by  an  organisation  referred  to  in
Article  27  shall  not  be  counted  as  additional  to  those
deposited  by  States  members  of  such  an  organisation.

3. For  each  State  or  organisation  referred  to  in  Article
27 which ratifies, accepts or approves this Convention or

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accedes  thereto  after  the  deposit  of  this  16th  instrument
of  ratification,  acceptance,  approval  or  accession,  this
Convention  shall  enter  into  force  on  the  90th  day  after
the  date  of  deposit  by  such  State  or  organisation  of  its
instrument  of  ratification,  acceptance,  approval  or
accession.

withdrawal  shall  take  effect  on  the  90th  day  after  the
date  of  the  receipt  of  the  notification  by  the  Depositary.

2. Any  such  withdrawal  shall  not  affect  the  application
of  Article  4  to  an  activity  in  respect  of  which  a
notification  has  been  made  pursuant  to  Article  4,
paragraph  1,  or  a  request  for  discussions  has  been  made
pursuant  to  Article  4,  paragraph  2.

Article  31

Withdrawal

Article  32

Authentic  texts

1. 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 this Convention by
giving  written  notification  to  the  Depositary.  Any  such

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  authorised  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

HAZARDOUS  SUBSTANCES  FOR  THE  PURPOSES  OF  DEFINING  HAZARDOUS  ACTIVITIES

The  quantities  set  out  below  relate  to  each  activity  or  group  of  activities.  Where  a  range  of  quantities  is
given in Part I, the threshold quantities are the maximum quantities given in each range. Five years after the
entry  into  force  of  this  Convention,  the  lowest  quantity  given  in  each  range  shall  become  the  threshold
quantity,  unless  amended.

Where  a  substance  or  preparation  named  in  Part  II  also  falls  within  a  category  in  Part  I,  the  threshold
quantity  set  out  in  Part  II  shall  be  used.

For the identification of hazardous activities, Parties shall take into consideration the foreseeable possibility
of aggravation of the hazards involved and the quantities of the hazardous substances and their proximity,
wheter  under  the  charge  of  one  or  more  operators.

Categories  of  substances  and  preparations  not  specifically  named  in  Part  II

PART  I

Category

Threshold  quantity
(Tonnes)

1.  Flammable gases (1a)  including  LPG

2.  Highly flammable liquids (1b)

3.  Very  toxic (1c)

4.  Toxic (1d)

5.  Oxidising (1e)

6.  Explosive (1f)

7.  Flammable liquids (1g)  (handled  under  special  conditions  of  pressure  and

temperature)

8.  Dangerous  for  the  environment (1h)

200

50 000

20

500-200

500-200

200-50

200

200

PART  II

Named  substances

Substance

Threshold  quantity
(Tonnes)

1.  Ammonia

2.  a)  Ammonium  nitrate (2)

b)  Ammonium  nitrate  in  the  form  of  fertilisers (3)

3.  Acrylonitrile

4.  Chlorine

5.  Ethylene  oxide

6.  Hydrogen cyanide

7.  Hydrogen  fluoride

8.  Hydrogen  sulphide

9.  Sulphur  dioxide

10.  Sulphur  trioxide

11.  Lead alkyls

12.  Phosgene

13.  Methyl isocyanate

500

2 500

10 000

200

25

50

20

50

50

250

75

50

0,75

0,15

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NOTES

(1)  Indicative criteria.

In  the  absence  of  other  appropriate  criteria,  Parties  may  use  the  following  criteria  when  classifying
substances  or  preparations  for  the  purposes  of  Part  I  of  this  Annex:

(a)  Flammable gases:

substances which in the gaseous state at normal pressure and mixed with air become flammable and
the  boiling  point  of  which  at  normal  pressure  is  20 °C  or  below;

(b) Highly flammable liquids:

substances  which  have  a  flash  point  lower  than  21 °C  and  the  boiling  point  of  which  at  normal
pressure  is  above  20 °C;

(c)  Very  toxic:

substances with properties corresponding to those in Table 1 or Table 2 below, and which, owing to
their  physical  and  chemical  properties,  are  capable  of  creating  industrial  accident  hazards;

Table  1

LD50  (oral) (1)
mg/kg  body  weight
LD50 # 25

LD50  (dermal) (2)
mg/kg  body  weight
LD50 # 50

LC50 (3)  mg/l  (inhalation)
LC50 # 0,5

(1)  LD50  oral  in  rats.
(2)  LD50  dermal  in  rats  or  rabbits.
(3)  LC50  by  inhalation  (four  hours)  in  rats.

Table  2

Discriminating dose
mg/kg  body  weight

, 5

where  the  acute  oral  toxicity  in  animals  of  the  substance  has  been  determined  using  the
fixed-dose  procedure.

(d) Toxic:

substances  with  properties  corresponding  to  those  in  Table  3  or  Table  4  and  having  physical  and
chemical  properties  capable  of  creating  industrial  accident  hazards.

Table  3

LD50  (oral) (1)
mg/kg  body  weight
25 , LD50 # 200

LD50  (dermal) (2)
mg/kg  body  weight
50 ,  LD50 # 400

LC50 (3)  mg/l  (inhalation)
0,5 , LC50 # 2

(1)  LD50  oral  in  rats.
(2)  LD50  dermal  in  rats  or  rabbits.
(3)  LC50  by  inhalation  (four  hours)  in  rats.

Table  4

Discriminating dose
mg/kg  body  weight

= 5

where  the  acute  oral  toxicity  in  animals  of  the  substance  has  been  determined  using  the
fixed-dose  procedure.

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(e)  Oxidising:

substances  which  give  rise  to  highly  exothermic  reaction  when  in  contact  with  other  substances,
particularly  flammable  substances;

(f)  Explosive:

substances  which  may  explode  under  the  effect  of  flame  or  which  are  more  sensitive  to  shocks  or
friction  than  dinitrobenzene;

(g)  Flammable liquids:

substances  which  have  a  flash  point  lower  than  55 °C  and  which  remain  liquid  under  pressure,
where  particular  processing  conditions,  such  as  high  pressure  and  high  temperature,  may  create
industrial  accident  hazards;

(h) Dangerous  for  the  environment:

substances  showing  the  values  for  acute  toxicity  to  the  aquatic  environment  corresponding  to
Table 5.

Table  5

EC50 (2)
mg/l
EC50 # 10

IC50 (3)
mg/l
IC50 # 10

LC50 (1)
mg/l
LC50 # 10

(1)  LC50  fish  (96  hours).
(2)  EC50  daphnia  (48  hours).
(3)  IC50  algae  (72  hours).

where  the  substance  is  not  readily  degradable,  or  the  log  Pow  .  3,0  (unless  the  experimentally
determined  BCF  ,  100).

(i)  LD  —  lethal  dose;

(j)  LC  —  lethal  concentration;

(k) EC  —  effective  concentration;

(l)  IC  —  inhibiting  concentration;

(m) Pow  —  partition  coefficient  octanol/water;

(n) BCF  —  bioconcentration  factor.

(2)  This  applies  to  ammonium  nitrate  and  mixtures  of  ammonium  nitrate  where  the  nitrogen  content
derived  from  the  ammonium  nitrate  is  .  28 %  by  weight,  and  to  aqueous  solutions  of  ammonium
nitrate  where  the  concentration  of  ammonium  nitrate  is  .  90 %  by  weight.

(3)  This  applies  to  straight  ammonium  nitrate  fertilisers  and  to  compound  fertilisers  where  the  nitrogen
content  derived  from  the  ammonium  nitrate  is  .  28 %  by  weight  (a  compound  fertiliser  contains
ammonium  nitrate  together  with  phosphate  and/or  potash).

(4)  Mixtures  and  preparations  containing  such  substances  shall  be  treated  in  the  same  way  as  the  pure
substances  unless  they  no  longer  exhibit  equivalent  properties  and  are  not  capable  of  producing
transboundary  effects.

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ANNEX  II

Inquiry  commission  procedure  pursuant  to  Articles  4  and  5

1.  The  requesting  Party/Parties  shall  notify  the  Secretariat  that  it/they  is/are  submitting  question(s)  to  an
inquiry commission established in accordance with the provisions of this Annex. The notification shall
state  the  subject  matter  of  the  inquiry.  The  Secretariat  shall  immediately  inform  all  Parties  to  the
Convention  of  this  submission.

2.  The inquiry commission shall consist of three members. Both the requesting party and the other party
to the inquiry procedure shall appoint a scientific or technical expert and the two experts so appointed
shall  designate  by  common  aggreement  a  third  expert,  who  shall  be  the  president  of  the  inquiry
commission. The latter shall not be a national of one of the parties to the inquiry procedure, nor have
dealt  with  the  case  in  any  other  capacity.

3. 

4. 

If  the  president  of  the  inquiry  commission  has  not  been  designated  within  two  months  of  the
appointment  of  the  second  expert,  the  executive  secretary  of  the  Economic  Commission  for  Europe
shall,  at  the  request  of  either  party,  designate  the  president  within  a  further  two-month  period.

If  one  of  the  parties  to  the  inquiry  procedure  does  not  appoint  an  expert  within  one  month  of  its
receipt of the notification by the Secretariat, the other party may inform the executive secretary of the
Economic Commission for Europe, who shall designate the president of the inquiry commission within
a  further  two-months  period.  Upon  designation,  the  president  of  the  inquiry  commission  shall  request
the party which has not appointed an expert to do so within one month. If it fails to do so within that
period,  the  president  shall  inform  the  Executive  Secretary  of  the  Economic  Commission  for  Europe
who  shall  make  this  appointment  within  a  further  two-month  period.

5.  The  inquiry  commission  shall  adopt  its  own  rules  of  procedure.

6.  The  inquiry  commission  may  take  all  appropriate  measures  in  order  to  carry  out  its  functions.

7.  The  parties  to  the  inquiry  procedure  shall  facilitate  the  work  of  the  inquiry  commission  and  in

particular  shall,  using  all  means  at  their  disposal:

(a)  provide  the  inquiry  commission  with  all  relevant  documents,  facilities  and  information;

(b) enable  the  inquiry  commission,  where  necessary,  to  call  witness  or  experts  and  receive  their

evidence.

8.  The  parties  and  the  experts  shall  protect  the  confidentiality  of  any  information  they  receive  in

confidence  during  the  work  of  the  inquiry  commission.

9. 

If one of the parties to the inquiry procedure does not appear before the inquiry commission or fails to
present its case, the other party may request the inquiry commission to continue the proceedings and to
complete its work. Absence of a party or failure of a party to present its case shall not constitute a bar
to  the  continuation  and  completion  of  the  work  of  the  inquiry  commission.

10.  Unless  the  inquiry  commission  determines  otherwise  because  of  the  particular  circumstances  of  the
matter,  the  expenses  of  the  inquiry  commission,  including  the  remuneration  of  its  members,  shall  be
borne equally by the parties to the inquiry procedure. The inquiry commission shall keep a record of all
its  expenses  and  shall  furnish  a  final  statement  thereof  to  the  parties.

11.  Any Party which has an interest of a factual nature in the subject matter of the inquiry procedure and
which may be affected by an opinion in the matter may intervene in the proceedings with the consent
of  the  inquiry  commission.

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12.  The decisions of the inquiry commission on matters of the procedure shall be taken by majority vote of
its  members.  The  final  opinion  of  the  inquiry  commission  shall  reflect  the  view  of  the  majority  of  its
members  and  shall  include  any  dissenting  view.

13.  The inquiry commission shall present its final opinion within two months of the date on which it was
established,  unless  it  finds  it  necessary  to  extend  this  time  limit  for  a  period  which  should  not  exceed
two  months.

14.  The final opinion of the inquiry commmission shall be based on accepted scientific principles. The final
opinion  shall  be  transmitted  by  the  inquiry  commission  to  the  parties  to  the  inquiry  procedure  and  to
the Secretariat.

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ANNEX  III

PROCEDURES  PURSUANT  TO  ARTICLE  4

1.  A Party of origin may request consultations with another Party, in accordance with paragraphs 2 to 5

of  this  Annex,  in  order  to  determine  whether  that  Party  is  an  affected  Party.

2.  For  a  proposed  or  existing  hazardous  activity,  the  Party  of  origin  shall,  for  the  purposes  of  ensuring
adequate and effective consultations, provide for the notification at appropriate levels of any Party that
it  considers  may  be  an  affected  party  as  early  as  possible  and  no  later  than  when  informing  its  own
public about that proposed or existing activity. For existing hazardous activities such notification shall
be  provided  no  later  than  two  years  after  the  entry  into  force  of  this  Convention  for  a  Party  of
origin.

3.  The  notification  shall  contain,  inter  alia:

(a)  information  on  the  hazardous  activity,  including  any  available  information  or  report,  such  as
information  produced  in  accordance  with  Article  6,  on  its  possible  transboundary  effects  in  the
event  of  an  industrial  accident;

(b) an  indication  of  a  reasonable  time  within  which  a  response  under  paragraph  4  of  this  Annex  is

required,  taking  into  account  the  nature  of  the  activity;

and  may  include  the  information  set  out  in  paragraph  6  of  this  Annex.

4.  The  notified  Parties  shall  respond  to  the  Party  of  origin  within  the  time  specified  in  the  notification,
acknowledging  receipt  of  the  notification  and  indicating  whether  they  intend  to  enter  into
consultation.

5. 

If a notified Party indicates that it does not intend to enter into consultation, or if it does not respond
within the time specified in the notification, the provisions set down in the following paragraphs of this
Annex  shall  not  apply.  In  such  circumstances,  the  right  of  a  Party  of  origin  to  determine  whether  to
carry  out  an  assessment  and  analysis  on  the  basis  of  its  national  law  and  practice  is  not  prejudiced.

6.  Upon  receipt  of  a  response  from  a  notified  Party  indicating  its  desire  to  enter  into  consultation,  the

Party  of  origin  shall,  if  it  has  not  already  done  so,  provide  to  the  notified  Party:

(a)  relevant  information  regarding  the  time  schedule  for  analysis,  including  an  indication  of  the  time

schedule  for  the  transmittal  of  comments;

(b) relevant  information  on  the  hazardous  activity  and  its  transboundary  effects  in  the  event  of  an

industrial accident;

(c)  the  opportunity  to  participate  in  evaluations  of  the  information  or  any  report  demonstrating

possible  transboundary  effects.

7.  An  affected  Party  shall,  at  the  request  of  the  Party  of  origin,  provide  the  latter  with  reasonably
obtainable information relating to the area under the jurisdiction of the affected party capable of being
affected,  where  such  information  is  necessary  for  the  preparation  of  the  assessment  and  analysis  and
measures.  The  information  shall  be  furnished  promptly  and,  as  appropriate,  through  a  joint  body
where  one  exists.

8.  The  Party  of  origin  shall  furnish  the  affected  party  directly,  as  appropriate,  or,  where  one  exists,
through  a  joint  body  with  the  analysis  and  evaluation  documentation  as  described  in  Annex  V,
paragraphs  1  and  2.

9.  The  Parties  concerned  shall  inform  the  public  in  areas  reasonably  capable  of  being  affected  by  the
hazardous activity and shall arrange for the distribution of the analysis and evaluation documentation
to it and to authorities in the relevant areas. The parties shall ensure them an opportunity for making

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comments on, or objections to, the hazardous activity and shall arrange for their views to be submitted
to  the  competent  authority  of  the  Party  of  origin,  either  directly  to  that  authority  or,  where
appropriate,  through  the  Party  of  origin,  within  a  reasonable  time.

10.  The Party of origin shall, after completion of the analysis and evaluation documentation, enter without
undue delay into consultations with the affected Party concerning, inter alia, the transboundary effects
of the hazardous activity in the event of an industrial accident, and measures to reduce or eliminate its
effects.  The  consultations  may  relate  to:

(a)  possible  alternatives  to  the  hazardous  activity,  including  the  no-action  alternative,  and  possible

measures  to  mitigate  transboundary  effects  at  the  expense  of  the  Party  of  origin;

(b) other  forms  of  possible  mutual  assistance  for  reducing  any  transboundary  effects;

(c)  any  other  appropriate  matters.

The  Parties  concerned  shall,  on  the  commencement  of  such  consultations,  agree  on  a  reasonable
time-frame  for  the  duration  of  the  consultation  period.  Any  such  consultations  may  be  conducted
through  an  appropriate  joint  body,  where  one  exists.

11.  The Parties concerned shall ensure that due account is taken of the analysis and evaluation, as well as
of  the  comments  received  pursuant  to  paragraph  9  of  this  Annex  and  of  the  outcome  of  the
consultations  referred  to  in  paragraph  10  of  this  Annex.

12.  The  Party  of  origin  shall  notify  the  affected  Parties  of  any  decision  on  the  activity,  along  with  the

reasons  and  considerations  on  which  it  was  based.

13.  If,  after  additional  and  relevant  information  concerning  the  transboundary  effects  of  a  hazardous
activity  and  which  was  not  available  at  the  time  consultations  were  held  with  respect  to  that  activity,
becomes available to a Party concerned, that Party shall immediately inform the other Party or Parties
concerned.  If  one  of  the  Parties  concerned  so  requests,  renewed  consultations  shall  be  held.

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ANNEX  IV

PREVENTIVE  MEASURES  PURSUANT  TO  ARTICLE  6

The  following  measures  may  be  carried  out,  depending  on  national  laws  and  practices,  by  Parties,
competent  authorities,  operators,  or  by  joint  efforts:

1.  the  setting  of  general  or  specific  safety  objectives;

2.  the  adoption  of  legislative  provisions  or  guidelines  concerning  safety  measures  and  safety  standards;

3.  the  identification  of  those  hazardous  activities  which  require  special  preventive  measures,  which  may

include  a  licensing  or  authorisation  system;

4.  the  evaluation  of  risk  analyses  or  of  safety  studies  for  hazardous  activities  and  an  action  plan  for  the

implementation  of  necessary  measures;

5.  the  provision  to  the  competent  authorities  of  the  information  needed  to  assess  risks;

6.  the  application  of  the  most  appropriate  technology  in  order  to  prevent  industrial  accidents  and  protect

human  beings  and  the  environment;

7.  the undertaking, in order to prevent industrial accidents, of the appropriate education and training of all

persons  engaged  in  hazardous  activities  on-site  under  both  normal  and  abnormal  conditions;

8.  the  establishment  of  internal  managerial  structures  and  practices  designed  to  implement  and  maintain

safety  regulations  effectively;

9.  the  monitoring  and  auditing  of  hazardous  activities  and  the  carrying  out  of  inspections.

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ANNEX  V

ANALYSIS  AND  EVALUATION

1.  The analysis and evaluation of the hazardous activity should be performed with a scope and to a depth

which  vary  depending  on  the  purpose  for  which  they  are  carried  out.

2.  The  following  table  illustrates,  for  the  purposes  of  the  related  Articles,  matters  which  should  be

considered  in  the  analysis  and  evaluation,  for  the  purposes  listed:

Purpose  of  analysis

Matters  to  be  considered

Emergency  planning  under  Article  8

1.  The  quantities  and  properties  of  hazardous  substances  on

the  site

2.  Brief  descriptive  scenarios  of  a  representative  sample  of
industrial  accidents  possibly  arising  from  the  hazardous
activity,  including  an  indication  of  the  likelihood  of  each

3.  For  each  scenario:

(a)  the  approximate  quantity  of  a  release;

(b) the  extent  and  severity  of  the  resulting  consequences
both for people and for the non-human environment in
favourable  and  unfavourable  conditions,  including  the
extent  of  resulting  hazard  zones;

(c)  the  time-scale  within  which  the  industrial  accident

could  develop  from  the  initiating  event;

(d) any  action  which  could  be  taken  to  minimise  the

likelihood  of  escalation

4.  The size and distribution of the population in the vicinity,
including any large concentrations of people potentially in
the  hazard  zone

5.  The  age,  mobility  and  susceptibility  of  that  population

Decision-making  on  siting  under
Article  7

In  addition  to  items  1  to  5  above:

6.  The  severity  of  the  harm  inflicted  on  people  and  the
environment,  depending  on  the  nature  and  circumstances
of  the  release

7.  The distance from the location of the hazardous activity at
which harmful effects on people and the environment may
reasonably  occur  in  the  event  of  an  industrial  accident

8.  The  same  information  not  only  for  the  present  situation
but  also  for  planned  or  reasonably  forseeable  future
developments

Information  to  the  public  under
Article  9

In  addition  to  items  1  to  4  above:

9.  The  people  who  may  be  affected  by  an 

industrial

accident

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Purpose  of  analysis

Matters  to  be  considered

Preventive  measures  under  Article  6

In addition to items 4 to 9 above, more detailed versions of the
descriptions  and  assessments  set  out  in  items  1  to  3  will  be
needed 
those
descriptions and assessments, the following matters should also
be  covered

for  preventive  measures. 

In  addition 

to 

10.  The  conditions  and  quantities 

in  which  hazardous

materials  are  handled

11.  A  list  of  the  scenarios  for  the  types  of  industrial  accidents
with  serious  effects,  to  include  examples  covering  the  full
range  of  incident  size  and  the  possibility  of  effects  from
adjacent activities

12.  For each scenario, a description of the events which could
initiate  an  industrial  accident  and  the  steps  whereby  it
could  escalate

13.  An  assessment,  at  least  in  general  terms,  of  the  likelihood
the

step  occurring, 

into  account 

taking 

of  each 
arrangements  in  14

14.  A  description  of  the  preventive  measures  in  terms  of  both
equipment  and  procedures  designed  to  minimise  the
likelihood  of  each  step  occurring

15.  An  assessment  of  the  effects  that  deviations  from  normal
operating  conditions  could  have,  and  the  consequent
arrangements for safe shut-down of the hazardous activity
or  any  part  therof  in  an  emergency,  and  of  the  need  for
staff  training  to  ensure  that  potentially  serious  deviations
are  recognised  at  an  early  stage  and  appropriate  action
taken

16.  An assessment of the extent to which modifications, repair
work  and  maintenance  work  on  the  hazardous  activity
could  place  the  control  measures  at  risk,  and  the
consequent  arrangements 
is
maintained

that  control 

to  ensure 

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ANNEX  VI

DECISION-MAKING  ON  SITING  PURSUANT  TO  ARTICLE  7

The  following  illustrates  the  matters  which  should  be  considered  pursuant  to  Article  7:

1.  the results of risk analysis and evaluation, including an evaluation pursuant to Annex V of the physical

characteristics  of  the  area  in  which  the  hazardous  activity  being  planned;

2.  the  results  of  consultations  and  public  participation  processes;

3.  an  analysis  of  the  increase  or  decrease  of  the  risk  caused  by  any  development  in  the  territory  of  the

affected  Party  in  relation  to  an  existing  hazardous  activity  in  the  territory  of  the  Party  of  origin;

4.  the  evaluation  of  the  environmental  risks,  including  any  transboundary  effects;

5.  an  evaluation  of  the  new  hazardous  activities  which  could  be  a  source  of  risk;

6.  a  consideration  of  the  siting  of  new,  and  significant  modifications  to  existing  hazardous  activities  at  a
safe  distance  from  existing  centres  of  population,  as  well  as  the  establishment  of  a  safety  area  around
hazardous  activities;  within  such  areas,  developments  which  would  increase  the  populations  at  risk,  or
otherwise  increase  the  severity  of  the  risk,  should  be  closely  examined.

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ANNEX  VII

EMERGENCY  PREPAREDNESS  MEASURES  PURSUANT  TO  ARTICLE  8

1.  All  contingency  plans,  both  on-  and  off-site,  should  be  coordinated  to  provide  a  comprehensive  and

effective  response  to  industrial  accidents.

2.  The  contingency  plans  should  include  the  actions  necessary  to  localise  emergencies  and  to  prevent  or
minimise  their  transboundary  effects.  They  should  also  include  arrangements  for  warning  people  and,
where  appropriate,  arrangements  for  their  evacuation,  other  protective  or  rescue  actions  and  health
services.

3.  Contingency plans should give on-site personnel, people who might be affected off site and rescue forces,
details of technical and organisational procedures which are appropriate for response in the event of an
industrial  accident  capable  of  having  transboundary  effects  and  to  prevent  and  minimise  effects  on
people  and  the  environment,  both  on  and  off  site.

4.  Examples  of  matters  which  could  be  covered  by  on-site  contingency  plans  include:

(a)  organisational  roles  and  responsibilities  on  site  for  dealing  with  an  emergency;

(b) a  description  of  the  action  which  should  be  taken  in  the  event  of  an  industrial  accident,  or  an
imminent  threat  thereof,  in  order  to  control  the  condition  or  event,  or  details  of  where  such  a
description  can  be  found;

(c)  a  description  of  the  equipment  and  resources  available;

(d) arrangements  for  providing  early  warning  of  industrial  accidents  to  the  public  authority  responsible
for the off-site emergency response, including the type of information which should be included in an
initial  warning  and  the  arrangements  for  providing  more  detailed  information  as  it  becomes
available;

(e)  arrangements  for  training  personnel  in  the  duties  they  will  be  expected  to  perform.

5.  Examples  of  matters  which  could  be  covered  by  off-site  contingency  plans  include:

(a)  organisational  roles  and  responsibilities  off  site  for  dealing  with  an  emergency,  including  how

integration  with  on-site  plans  is  to  be  achieved;

(b) methods  and  procedures  to  be  followed  by  emergency  and  medical  personnel;

(c)  methods  for  rapidly  determining  the  affected  area;

(d) arrangements  for  ensuring  that  prompt  industrial  accident  notification  is  made  to  affected  or

potentially  affected  Parties  and  that  that  liaison  is  maintained  subsequently;

(e)  identification  of  resources  necessary  to  implement  the  plan  and  the  arrangements  for  coordination;

(f)  arrangements for providing information to the public including, where appropriate, the arrangements

for  reinforcing  and  repeating  the  information  provided  to  the  public  pursuant  to  Article  9;

(g)  arrangements  for  training  and  exercises.

6.  Contingency plans could include the measures for: treatment; collection; clean-up; storage; removal and

safe  disposal  of  hazardous  substances  and  contaminated  material;  and  restoration.

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ANNEX  VIII

INFORMATION  TO  THE  PUBLIC  PURSUANT  TO  ARTICLE  9

1.  The name of the company, address of the hazardous activity and identification by position held of the

person  giving  the  information.

2.  An  explanation  in  simple  terms  of  the  hazardous  activity,  including  the  risks.

3.  The  common  names  or  the  generic  names  or  the  general  danger  classification  of  the  substances  and
preparations  which  are  involved  in  the  hazardous  activity,  with  an  indication  of  their  principal
dangerous characteristics.

4.  General  information  resulting  from  an  environmental  impact  assessment,  if  available  and  relevant.

5.  The general information relating to the nature of an industrial accident that could possibly occur in the

hazardous  activity,  including  its  potential  effects  on  the  population  and  the  environment.

6.  Adequate  information  on  how  the  affected  population  will  be  warned  and  kept  informed  in  the  event

of  an  industrial  accident.

7.  Adequate  information  on  the  actions  the  affected  population  should  take  and  on  the  behaviour  they

should  adopt  in  the  event  of  an  industrial  accident.

8.  Adequate  information  on  arrangements  made  regarding  the  hazardous  activity,  including  liaison  with
the  emergency  services,  to  deal  with  industrial  accidents,  to  reduce  the  severity  of  the  industrial
accidents  and  to  mitigate  their  effects.

9.  General  information  on  the  emergency  services’  off-site  contingency  plan,  drawn  up  to  cope  with  any

off-site  effects,  including  the  transboundary  effects  of  an  industrial  accident.

10.  General information on special requirements and conditions to which the hazardous activity is subject
according  the  relevant  national  regulations  and/or  administrative  provisions,  including  licensing  or
authorisation  systems;

11.  Details  of  where  further  relevant  information  can  be  obtained.

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ANNEX  IX

INDUSTRIAL  ACCIDENT  NOTIFICATION  SYSTEMS  PURSUANT  TO  ARTICLE  10

1.  The  industrial  accident  notification  systems  shall  enable  the  speediest  possible  transmission  of  data  and
forecasts  according 
to  previously  determined  codes  using  compatible  data-transmission  and
data-treatment systems for emergency warning and response, and for measures to minimise and contain
the  consequences  of  transboundary  effects,  taking  account  of  different  needs  at  different  levels.

2.  The  industrial  accident  notification  shall  include  the  following:

(a)  the type and magnitude of the industrial accident, the hazardous substances involved (if known), and

the  severity  of  its  possible  effects;

(b) the  time  of  occurrence  and  exact  location  of  the  accident;

(c)  such  other  available  information  as  necessary  for  an  efficient  response  to  the  industrial  accident.

3.  The industrial accident notification shall be supplemented at appropriate intervals, or whenever required,
by  further  relevant  information  on  the  development  of  the  situation  concerning  transboundary  effects.

4.  Regular  texts  and  reviews  of  the  effectiveness  of  the  industrial  accident  notification  systems  shall  be
undertaken,  including  the  regular  training  of  the  personnel  involved.  Where  appropriate,  such  tests,
reviews  and  training  shall  be  performed  jointly.

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ANNEX  X

MUTUAL  ASSISTANCE  PURSUANT  TO  ARTICLE  12

1.  The overall direction, control, coordination and supervision of the assistance is the responsibility of the
requesting  Party.  The  personnel  involved  in  the  assisting  operation  shall  act  in  accordance  with  the
relevant  laws  of  the  requesting  Party.  The  appropriate  authorities  of  the  requesting  Party  shall
cooperate  with  the  authority  designated  by  the  assisting  Party,  pursuant  to  Article  17,  as  being  in
charge  of  the  immediate  operational  supervision  of  the  personnel  and  the  equipment  provided  by  the
assisting Party.

2.  The  requesting  Party  shall,  to  the  extent  of  its  capabilities,  provide  local  facilities  and  services  for  the
proper  and  effective  administration  of  the  assistance,  and  shall  ensure  the  protection  of  personnel,
equipment  and  materials  brought  into  its  territory  by,  or  on  behalf  of,  the  assisting  Party  for  such  a
purpose.

3.  Unless  otherwise  agreed  by  the  Parties  concerned,  assistance  shall  be  provided  at  the  expense  of  the
requesting  Party.  The  assisting  Party  may  at  any  time  waive  wholly  or  partly  the  reimbursement  of
costs.

4.  The requesting Party shall use its best efforts to afford to the assisting Party and persons acting on its
behalf  the  privileges,  immunities  or  facilities  necessary  for  the  expeditious  performance  of  their
assistance  functions.  The  requesting  Party  shall  not  be  required  to  apply  this  provision  to  its  own
nationals  or  permanent  residents  or  to  afford  them  the  privileges  and  immunities  referred  to  above.

5.  A  Party  shall,  at  the  request  of  the  requesting  or  assisting  Party,  endeavour  to  facilitate  the  transit
through  its  territory  of  duly  notified  personnel,  equipment  and  property  involved  in  the  assistance  to
and  from  the  requesting  Party.

6.  The  requesting  Party  shall  facilitate  the  entry  into,  stay  in  and  departure  from  its  national  territory  of

duly  notified  personnel  and  of  equipment  and  property  involved  in  the  assistance.

7.  With regard to acts resulting directly from the assistance provided, the requesting Party shall, in respect
of  the  death  of  or  injury  to  persons,  damage  to  or  loss  of  property,  or  damage  to  the  environment
caused within its territory in the course of the provision of the assistance requested, hold harmless and
indemnify  the  assisting  Party  or  persons  acting  on  its  behalf  and  compensate  them  for  death  or  injury
suffered by them and for loss of or damage to equipment or other property involved in the assistance.
The  requesting  Party  shall  be  responsible  for  dealing  with  claims  brought  by  third  parties  against  the
assisting  Party  or  persons  acting  on  its  behalf.

8.  The  Parties  concerned  shall  cooperate  closely  in  order  to  facilitate  the  settlement  of  legal  proceedings

and  claims  which  could  result  from  assistance  operations.

9.  Any  Party  may  request  assistance  relating  to  the  medical  treatment  or  the  temporary  relocation  in  the

territory  of  another  Party  of  persons  involved  in  an  accident.

10.  The  affected  or  requesting  Party  may  at  any  time,  after  appropriate  consultations  and  by  notification,
request the termination of assistance received or provided under this Convention. Once such a request
has  been  made,  the  Parties  concerned  shall  consult  one  another  with  a  view  to  making  arrangements
for  the  proper  termination  of  the  assistance.

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ANNEX  XI

EXCHANGE  OF  INFORMATION  PURSUANT  TO  ARTICLE  15

Information shall include the following elements, which can also be the subject of multilateral and bilateral
cooperation:

(a)  legislative  and  administrative  measures,  policies,  objectives  and  priorities  for  prevention,  preparedness
and  response,  scientific  activities  and  technical  measures  to  reduce  the  risk  of  industrial  accidents  from
hazardous  activities,  including  the  mitigation  of  transboundary  effects;

(b) measures  and  contingency  plans  at  the  appropriate  level  affecting  other  Parties;

(c)  progammes  for  monitoring,  planning,  research  and  development,  including  their  implementation  and

surveillance;

(d) measures  taken  regarding  prevention  of,  preparedness  for  and  response  to  industrial  accidents;

(e)  experience  with  industrial  accidents  and  cooperation  in  response  to  industrial  accidents  with

transboundary  effects;

(f)  the  development  and  application  of  the  best  available  technologies  for  improved  environmental

protection  and  safety;

(g)  emergency  preparedness  and  response;

(h) methods  used  for  the  prediction  of  risks,  including  criteria  for  the  monitoring  and  assessment  of

transboundary  effects.

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ANNEX  XII

TASKS  FOR  MUTUAL  ASSISTANCE  PURSUANT  TO  ARTICLE  18,  PARAGRAPH  4

1.  Information  and  data  collection  and  dissemination

(a)  establishment  and  operation  of  an  industrial  accident  notification  system  that  can  provide
information  on  industrial  accidents  and  on  experts,  in  order  to  involve  the  experts  as  rapidly  as
possible  in  providing  assistance;

(b) establishment  and  operation  of  a  data  bank  for  the  reception,  processing  and  distribution  of
necessary  information  on  industrial  accidents,  including  their  effects,  and  also  on  measures  applied
and  their  effectiveness;

(c)  elaboration  and  maintenance  of  a 

including  their  relevant
characteristics,  and  of  information  on  how  to  deal  with  those  in  the  event  of  an  industrial
accident;

list  of  hazardous  substances, 

(d) establishment  and  maintenance  of  a  register  of  experts  to  provide  consultative  and  other  kinds  of
including  restoration

assistance  regarding  preventive,  preparedness  and  response  measures, 
measures;

(e)  maintenance  of  a  list  of  hazardous  activities;

(f)  production and maintenance of a list of hazardous substances covered by the provisions of Annex I,

Part  I.

2.  Research,  training  and  methodologies

(a)  development  and  provision  of  models  based  on  experience  from  industrial  accidents,  and  scenarios

for  preventive,  preparedness  and  response  measures;

(b) promotion  of  education  and  training,  organisation  of  international  symposia  and  promotion  of

cooperation  in  research  and  development.

3.  Technical assistance

(a)  fulfillment of advisory functions aimed at strengthening the ability to apply preventive, preparedness

and  response  measures;

(b) undertaking, at the request of a Party, of inspections of its hazardous activities and the provision of
assistance  in  organising  its  national  inspections  according  to  the  requirements  of  this  Convention.

4.  Assistance  in  the  case  of  an  emergency

Provision,  at  the  request  of  a  Party,  of  assistance  by,  inter  alia,  sending  experts  to  the  site  of  an
industrial  accident  to  provide  consultative  and  other  kinds  of  assistance  in  response  to  the  industrial
accident.

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3.12.98

ANNEX  XIII

ARBITRATION

1.  The  claimant  Party  or  Parties  shall  notify  the  Secretariat  that  the  Parties  have  agreed  to  submit  the
dispute  to  arbitration  pursuant  to  Article  21,  paragraph  2  of  this  Convention.  The  notification  shall
state  the  subject  matter  of  arbitration  and  include,  in  particular,  the  Articles  of  this  Convention,  the
interpretation or application of which is at issue. The Secretariat shall forward the information received
to  all  Parties  to  this  Convention.

2.  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,  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 these parties, nor be employed by any of them, nor have dealt with
the  case  in  any  other  capacity.

3. 

4. 

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  the  president  within  a  further  two-month  period.

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
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  in  accordance

with  the  provisions  of  this  Convention.

6.  Any  arbitral  tribunal  constituted  under  the  provisions  set  out  herein  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 shall, using

all  means  at  their  disposal:

(a)  provide  the  tribunal  with  all  relevant  documents,  facilities  and  information;

(b) enable  the  tribunal,  where  necessary,  to  call  witnesses  or  experts  and  receive  their  evidence.

10.  The  parties  to  the  dispute  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.

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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 equally by the
parties  to  the  dispute.  The  tribunal  shall  keep  a  record  of  all  its  expenses  and  shall  furnish  a  final
statement  thereof  to  the  parties  to  the  dispute.

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 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 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.