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 lakes
Date: 1993-06-14
Institutions: European Commission
Subjects: environmental protection, international convention, international cooperation, pollution of waterways, ratification of an agreement, transfrontier pollution

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  -

( . A M V t.  iu  i  i v i vi 

^ ' n. 

i i ii 

,  ,,../  i  i  ,,  !  i o i \i  Afviw 

s . . ,. 

01" 

I  RANSBOUNDARY  WA I I.RCOURM.S  AMD  IN 11  RIMA I LONAL  LAKES 

The  Parties  to this  Convention, 

PRE AW  If 

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  a r e a s,  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 
w a t er  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  A ct 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 C S C E,  and the Regional  Strategy  for Environmental 
Protection  and Rational  U se 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  w a t er  pollution  and sustainable  u se 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 W a t e r;  the ECE 
Principles  Regarding  Cooperation  in the Field  of  Transboundary  W a t e r s;  the ECE 
Charter  on Groundwater  M a n a g e m e n t;  and the Code  of Conduct  on  Accidental 
Pollution  of  Transboundary  Inland  Waters, 

h'*-fi?rj'.'iH,I t° decisions  1  ( 4 2) 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 
w a t e r s,  especially  w h e re  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 

The Parties  shall  take all appropriate measures  to prevent, control  and 

1. 
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 

(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. 

c. 

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 
substances from diffuse sources, especially where the main sources  are 
agriculture (guidelines for developing best environmental practices  are given 
in annex II to this Convention); 

from 

Ç 

(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 

Article 4 

MONITORING 

The Parties shall establish programmes for monitoring the conditions of 

t r ansboundary waters . 

Article J> 

RESEARCH AND DEVELOPMENT 

c 

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. 

The agreements  or arrangements  mentioned  in paragraph  1 of  this article 

2. 
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. 

The  Riparian Parties  shall agree upon pollution parameters and  pollutants 

2. 
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 ... 

For  these purposes, the Riparian  Parties  shall  harmonize  rules  for the 

4. 
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. 

Jn order  to harmonize  emission  limits, the Riparian Parties  shall 

2. 
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. 

For  the purposes  of  the  implementation  of  this Convention,  the  Riparian 

4. 
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 

The Riparian Parties shall ensure that information on the conditions of 

I 
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; 

é 

(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. 

- 10 

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. 

Ç 

AMENDMENTS TO THE CONVENTION 

1.  Any Party may propose  amendments  to this  Convention. 

Artiç^le_21 

Proposals  for amendments  to this  Convention  shall be considered  at a 

2. 
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 
its instrument of acceptance of the amendment. 

\j 

Article  22 

SETTLEMENT OF DISPUTES 

If a dispute  arises  between  two or more  Parties  about the interpretation 
1. 
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 . 

When  signing,  ratifying,  accepting,  approving  or acceding  to this 

2. 
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. 

For the purposes of paragraph  1 of  this article, any  instrument  deposited 

2. 
by a regional economic  integration organization  shall not be counted  as 
additional  to those deposited  by  States members  of such an organization. 

For each State or organization  referred  to in article  23 which  ratifies, 

3. 
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. 

-  13 

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 

C 

14 

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: 

The product; 

(i) 
(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. 

-  15 -

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 

W a t e r q u a l i ty  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. 

C 

16 -

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. 

If  one of the parties to the dispute does not appoint an arbitrator 
4. 
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. 

17 -

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 
the case, may  intervene  in the proceedings with  the consent of the tribunal. 

à 

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. 

« 

18 

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 

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14 

Catalogue number : CB-CO-93-301-EN-C 

ISBN 92-77-56693-0 

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