Proposal for a COUNCIL DECISION on the acceptance of the Amendment to Articles 25 and 26 of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes
Date: 2013-04-25
Institutions: European Commission
Subjects: UN regional commission, accession to an agreement, agreement (EU), international convention, international waterway, lake, revision of an agreement, water protection

EUROPEAN 
COMMISSION 

Brussels, 25.4.2013  
COM(2013) 239 final 

2013/0127 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the acceptance of the Amendment to Articles 25 and 26 of the Convention on the 
Protection and Use of Transboundary Watercourses and International Lakes 

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EXPLANATORY MEMORANDUM 

The  UNECE  Convention  on  the  Protection  and  Use  of  Transboundary  Watercourses  and 
International Lakes provides a legal framework for cooperation on shared water resources in 
the UNECE region through integrated water resources management. Its purpose 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 by countries of the United 
Nations Economic Commission for Europe. 

The Convention was signed on behalf of the European Community in Helsinki on 18 March 
1992 and approved by Council Decision 95/308/EC of 24 July 1995.  

At  the  2003  Meeting  of  the  Parties  to  the  Convention  on  the  Protection  and  Use  of 
Transboundary Watercourses and International Lakes, the Parties to the Convention expressed 
a  wish  to  allow  States  situated  outside  of  the  UNECE  region  to  become  Parties  to  the 
Convention in order to promote river basin cooperation throughout the world. The precedent 
for  this  approach  has  already  been  established  by  the  opening  of  a  number  of  UNECE 
environmental  conventions  to  States  situated  outside  the  UNECE  region.  These  include  the 
Convention  on  the  Access  to  Justice  in  Environmental  Matters  and  the  Convention  on 
Environmental  Impact  Assessment  in  a  Transboundary  Context  as  well  as  the  Protocol  on 
Civil  Liability  and  Compensation  for  Damage  Caused  by  the  Transboundary  Effects  of 
Industrial Accidents on Transboundary Waters. 

The 2003 Meeting of Parties adopted the Amendment allowing the accession of any State that 
is a Member of the United Nations to accede to the Convention upon approval by the Meeting 
of the Parties. The European Community and its Member States as Parties to the Convention 
participated in the Meeting and supported the adoption of the Amendment. The amendment 
will enter into force upon acceptance by all States and organisations that were Parties to the 
Convention on 28 November 2003.  

Once the Amendment enters into force, the  Convention  will be of  particular importance  for 
countries that border the UNECE region, such as Afghanistan, China, the Islamic Republic of 
Iran  and  certain  Central  Asian  States.  Some  of  these  States  have  expressed  an  interest  in 
acceding  to  the  Convention.  Their  participation  in  the  Convention  will  be  beneficial  in 
encouraging cooperation on management of transboundary water resources, especially in light 
of  growing  pressures  of  climate  change,  desertification  as  well  as  the  importance  of  water 
access for stability and security.  

Following the adoption of an amendment in 2003, a vast majority of Parties to the Convention 
have  already  formally  accepted  it.  The  EU  is  one  of  a  small  number  of  Parties  to  the 
Convention which have yet to accept the amendment.  

In view of the above, it is appropriate for the European Union to now accept the Amendment 
in  order  to  open  the  Convention  globally  and  enable  accession  of  non  UNECE  countries 
willing to do so. 

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2013/0127 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the acceptance of the Amendment to Articles 25 and 26 of the Convention on the 
Protection and Use of Transboundary Watercourses and International Lakes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(6) (a) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The Union is a Party to the Convention on the Protection and Use of Transboundary 
Watercourses and International Lakes following its approval in 19952. 

The  main  purpose  of  this  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. 

At  the  2003  Meeting  of  the  Parties  to  the  Convention  on  the  Protection  and  Use  of 
Transboundary  Watercourses  and  International  Lakes,  the  Parties  to  the  Convention 
expressed  a  wish  to  allow  States  situated  outside  of  the  UNECE  region  to  become 
Parties to the Convention in order to promote river basin cooperation throughout the 
world. 

Other  UNECE  environmental  conventions  (i.e.  the  Convention  on  the  Access  to 
Justice  in  Environmental  Matters  and  the  Convention  on  Environmental  Impact 
Assessment  in  a  Transboundary  Context)  are  open  to  States  situated  outside  the 
UNECE region. 

The European Community participated in the 2003 Meeting of Parties which adopted 
the  Amendment  allowing  accession  of  any  State  that  is  a  Member  of  the  United 
Nations to accede to the Convention upon approval by the Meeting of the Parties.  

The Amendment will enter into force upon acceptance of all States and organisations 
that were Parties to the Convention on 28 November 2003. 

(7) 

The Amendment should be approved on behalf of the European Union, 

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2 

OJ C , , p. . 
OJ L 186, 5.8.95, p. 42-43 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  Amendment  to  Articles  25  and  26  of  the  Convention  (hereinafter  referred  to  as  "the 
Amendment")  on  the  Protection  and  Use  of  Transboundary  Watercourses  and  International 
Lakes opening accession to the Convention to all UN Member States which has been adopted 
at the Third Meeting of the Parties is hereby accepted on behalf of the Union. 

The text of the Amendment is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  deposit  of  the  instrument  of  acceptance  of  the  Amendment 
provided for in Article 21, paragraph 4, of the Convention, in order to express the consent of 
the European Union to be bound by this Amendment.  

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

Article 3 

For the Council 
The President 

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ANNEX  

AMENDMENT TO THE WATER CONVENTION 

(a) A new paragraph is inserted in article 25, after paragraph 2, of the Convention, reading  
“3. Any other State, not referred to in paragraph 2, that is a Member of the United Nations 
may accede to the Convention upon approval by the Meeting of the Parties. In its instrument 
of accession, such a State shall make a declaration stating that approval for its accession to the 
Convention had been obtained from the Meeting of the Parties and shall specify the date on 
which  approval  was  received.  Any  such  request  for  accession  by  Members  of  the  United 
Nations shall not be considered for approval by the Meeting of the Parties until this paragraph 
has entered into force for all the States and organizations that were Parties to the Convention 
on 28 November 2003”. 
and the remaining paragraphs are renumbered accordingly; 
(b) In article 26, paragraph 3, after “referred to in article 23” the words “or in paragraph 3 of 
article 25” are inserted.  

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