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No C 288 / 20 ( ENl Official Journal of the European Communities 1 . 10 . 96

CONVENTION

on Cooperation for the Protection and Sustainable Use of the Danube River ( Danube River

Protection Convention )

CONTENTS

Page

Preamble 21

Part I : General provisions 21

Article 1 : Definitions 21

Article 2 : Objectives and principles of cooperation 22
Article 3 : Scope 22
Article 4 : Forms of cooperation 23

Part II : Multilateral cooperation 23
Article 5 : Prevention, control and reduction of transboundary impact 23
Article 6 : Specific water resources protection measures 23
Article 7 : Emission limitation ; water quality objectives and criteria 24
Article 8 : Emission inventories, action programmes and progress reviews 24
Article 9 : Monitoring programmes 25
Article 10 : Obligations of reporting 25

Article 1 1 : Consultations 26

Article 12 : Exchange of information 26
Article 13 : Protection of information supplied 26
Article 14 : Information to the public 27
Article 15 : Research and development 27
Article 16 : Communication, warning and alarm systems, emergency plans 27

Article 17 : Mutual assistance 28

Part III : International Commission       - . 28

Article 18 : Establishment, tasks and competences 28
Article 19 : Transition concerning the Bucharest Declaration 28

Part IV : Procedural and final clauses 29

Article 20 : Validity of the Annexes 29
Article 21 : Existing and supplementary agreements 29

Article 22 : Conference of the Parties 29

Article 23 : Amendments to the Convention 29

Article 24 : Settlement of disputes 30
Article 25 : Signature 30
Article 26 : Ratification, acceptance or approval 30
Article 27 : Entry into force 30
Article 28 : Accession, participation 30

Article 29 : Withdrawal 31

Article 30 : Functions of the Depositary 31
Article 3 1 : Authentic texts, Depositary 31

Annex I :

Part 1 : Best available techniques 31
Part 2 : Best environmental practice 32

Annex II : Industrial sectors and hazardous substances 32

Part 1 : List of industrial sectors and industries 32

Part 2 : Guiding list of hazardous substances and groups of substances 34

Annex III : General guidance on water quality objectives and criteria 35

Annex IV : Statute of the International Commission for the Protection of the Danube River 36

Annex V : Arbitration 38

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PREAMBLE

THE CONTRACTING PARTIES,

Determined by the strong intention to intensify their water management cooperation in the
field of water protection and water use ;

Concerned over the occurrence and threats of adverse effects, in the short or long term, of
changes in conditions of watercourses within the Danube River Basin on the environment,
economies and well-being of the Danubian States ;

Emphasizing the urgent need for strengthened domestic and international measures to prevent,
control and reduce significant adverse transboundary impact from the release of hazardous
substances and of nutrients into the aquatic environment within the Danube Basin with due
attention also given to the Black Sea ;

Commending the measures already taken on the domestic initiative of Danubian Countries and
on the bilateral and multilateral level of their cooperation as well as the efforts already
undertaken within the CSCE process, by the United Nations Economic Commission for
Europe and by the European Community to promote the cooperation, on bilateral and multi ­
lateral levels, for the prevention and control of transboundary pollution, sustainable water
management, rational use and conservation of water resources ;

Referring in particular to the Convention on the protection and use of transboundary water ­
courses and international lakes of 17 March 1992 as well as the existing bi       - and multilateral
cooperation among Danubian States, which will be continued and duly taken into account by
the cooperation of all Danubian States, as well as pointing to the Convention on the protection
of the Black Sea against pollution of 21 April 1992 ;

Striving for a lasting improvement and protection of the Danube River and of the waters
within its catchment area in particular in the transboundary context and at sustainable water
management taking duly into account the interests of the Danubian States in the field of water
use and at the same time contributing to the protection of the marine environment of the Black
Sea ;

HAVE AGREED AS FOLLOWS :

PART I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Convention :

( a ) ' Danubian States ' mean sovereign States sharing a

considerable part of the hydrological catchment area
of the Danube River . As considerable pan there is
assumed a share exceeding 2 000 km 2 of the total
hydrological catchment area .

( b ) ' Catchment area ' of the Danube River means the

hydrological river basin as far as it is shared by the
Contracting Parties .

( c ) ' Transboundary impact ' means any significant adverse

effect on the riverine environment resulting from a
change in the conditions of waters caused by human
activity and stretching out beyond an area under the
jurisdiction of a Contracting Party . Such changes
may affect life and property, safety of facilities and
the aquatic ecosystems concerned .

( d ) ' Hazardous substances ' means substances which have
toxic, cancerogenic, mutagenic, teratogenic or bioac ­
cumulative effects, in particular those being
persistent and having significant adverse impact on
living organisms .

( e ) ' Substances hazardous to water ' means substances the
hazard potential of which, to water resources, is
extraordinarily high so their handling requires special
preventive and protective measures ;

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( f ) ' Point and non-point sources of water pollution ' means
the sources of pollutants and nutrients the input of
which to waters is caused either by locally
determined discharges ( point source ) or by diffuse
effects being widespread over the catchment areas
( non-point sources );

( g ) ' Water balance ' means the relationship characterizing

the natural water household of an entire river basin

as to its components ( precipitation, evaporation,
surface and underground run-off ). In addition a
component of current manmade effects originating
from water use and influencing water quantity is
included :

( h ) ' Connecting data ' means summarized data derived
from upstream water balances as far as being
relevant as an input necessary for the elaboration of
downstream water balances and of a general water
balance for the Danube River . To this extent
connecting data cover the components of the water
balance for all significant transboundary waters
within the catchment area of the Danube River .
Connecting data refer to cross sections of trans ­
boundary waters where they mark, cross or are
located on boundaries between the Contracting
Parties .

3 . To this end the Contracting Parties, taking into
account the urgency of water pollution abatement
measures and of rational, sustainable water use, shall set
priorities as appropriate and shall strengthen, harmonize
and coordinate measures taken and planned to be taken
at the domestic and international level throughout the
Danube Basin aiming at sustainable development and
environmental protection of the Danube River . This
objective in particular is directed to ensure the
sustainable use of water resources for municipal,
industrial and agricultural purposes as well as the conser ­
vation and restoration of ecosystems and to cover also
other requirements occurring as to public health .

4 . The polluter pays principle and the precautionary
principle constitute a basis for all measures aiming at the
protection of the Danube River and of the waters within
its catchment area .

5 . Water management cooperation shall be oriented
on sustainable water management, that means on the
criteria of a stable, environmentally sound development,
which are at the same time directed to :

— maintain the overall quality of life,

— maintain continuing access to natural resources,

( i ) ' International Commission ' means the organization — avoid lasting environmental damage and protect
established by Article 18 of this Convention . ecosystems,

— exercise a preventive approach .

Article 2

Objectives and principles of cooperation

1 . The Contracting Parties shall strive at achieving the
goals of a sustainable and equitable water management,
including the conservation, improvement and the rational
use of surface waters and ground water in the catchment
area as far as possible . Moreover the Contracting Parties
shall make all efforts to control the hazards originating
from accidents involving substances hazardous to water,
floods and ice-hazards of the Danube River . Moreover

they shall endeavour to contribute to reducing the
pollution loads of the Black Sea from sources in the
catchment area .

2 . The Contracting Parties pursuant to the provisions
of this Convention shall cooperate on fundamental water
management issues and take all appropriate legal, admin ­
istrative and technical measures, to at least maintain and
improve the current environmental and water quality
conditions of the Danube River and of the waters in its

catchment area and to prevent and reduce as far as
possible adverse impacts and changes occurring or likely
to be caused .

6 . The application of this Convention by no means
shall cause any significant direct or indirect increase of
impacts to the riverine environment .

7 . Each Contracting Party has the right to adopt and
implement measures being more stringent than those
resulting from the provisions of this Convention .

Article 3

Scope

1 . This Convention applies to the catchment area of
the Danube River as defined under Article 1 ( b ).

2 . Subject to this Convention in particular shall be the
following planned activities and ongoing measures as far
as they cause or are likely to cause transboundary
impacts :

( a ) the discharge of waste waters, the input of nutrients

and hazardous substances both from point and
non-point sources as well as heat discharge ;

# 1 . 10 . 96 run Official Journal of the European Communities No C 288 / 23

( b ) planned activities and measures in the field of water

construction works, in particular regulation as well
as run-off and storage level control of watercourses .
Flood control and ice-hazards abatement, as well as
the effect of facilities situated in or beside the water ­

course on its hydraulic regime ;

( c ) other planned activities and measures for the
purposes of water use, such as water power util ­
ization, water transfer and withdrawal ;

( d ) the operation of the existing hydrotechnical
constructions e.g. reservoirs, water power plants ;
measures to prevent environmental impact including :
deterioration in the hydrological conditions, erosion,
abrasion, inundation and sediment flow ; measures to
protect the ecosystems ;

( e ) the handling of substances hazardous to water and

the precautionary prevention of accidents .

3 . This Convention is applicable to issues of fishery
and inland navigation as far as problems of water
protection against pollution caused by these activities are
concerned .

Article 4

Forms of cooperation

The forms of cooperation under this Convention as a

rule are the following :

( a ) consultations and joint activities in the framework of

the International Commission pursuant to the
provisions of this Convention ;

( b ) exchange of information on bi - and multilateral
agreements, legal regulations and on measures in the
field of water management ; exchange of legal
documents and directives and of other publications ;
other forms for the exchange of information and
experiences .

PART II

MULTILATERAL COOPERATION

Article 5

Prevention, control and reduction of transboundary
impact

1 . The Contracting Parties shall develop, adopt and
implement relevant legal, administrative and technical
measures as well as provide for the domestic precon ­
ditions and basis required in order to ensure efficient
water quality protection and sustainable water use and

thereby also to prevent, control and reduce trans ­
boundary impact .

2 . To this end the Contracting Parties shall separately
or jointly take in particular the measures indicated
below :

( a ) record conditions of natural water resources within

the Danube River catchment area applying agreed
quantity and quality parameters including the
methodology concerned ;

( b ) adopt legal provisions providing for requirements

including time limits to be met by waste water
discharges ;

( c ) adopt legal provisions for the handling of substances

hazardous to water ;

( d ) adopt legal provisions for reducing inputs of
nutrients or hazards substances from non-point
sources, especially for the application of nutrients as
well as of plant protection agents and pesticides in

agriculture :

( e ) with the aim of harmonizing these regulations at a

high level of protection as well as for the
harmonized implementation of corresponding
measures the Contracting Parties shall take into
account results and proposals put forward by the
International Commission ;

( f ) the Contracting Parties shall cooperate and take

appropriate measures to avoid the transboundary
impacts of wastes and hazardous substances in
particular originating from transport .

Article 6

Specific water resources

protection measures

The Contracting Parties shall take appropriate measures

aiming at the prevention or reduction of transboundary
impacts and at a sustainable and equitable use of water
resources as well as at the conservation of ecological
resources, especially :

( a ) enumerate groundwater resources subject to
long-term protection as well as protection zones
valuable for existing or future drinking water supply

purposes ;

( b ) prevent the pollution of groundwater resources,
especially those in a long-term perspective reserved
for drinking water supply, in particular caused by
nitrates, plant protection agents and pesticides as
well as other hazardous substances ;

No C 288 / 24 | EN | Official Journal of the European Communities 1 . 10 . 96

( c ) minimize by preventive and control measures the They shall ensure that :

risks of accidental pollution ;

( a ) the domestic regulations for emission limitation and

( d ) take into account possible influences on the water

quality resulting from planned activities and ongoing
measures pursuant to Article 3 ( 2 );

( e ) evaluate the importance of different biotope elements

for the riverine ecology and propose measures for
improving the aquatic and litoral ecologial
conditions .

Article 7

Emission limitation : water quality objectives and criteria

1 . The Contracting Parties taking into account the
proposals from the International Commission shall set
emission limits applicable to individual industrial sectors
or industries in terms of pollution loads and concen ­
trations and based in the best possible way on low - and
non-waste technologies at source . Where hazardous
substances are discharged, the emission limits shall be
based on the best available techniques for the abatement
at source and / or for waste water purification . For
municipal waste water, emission limits shall be based on
the application of at least biological or an equivalent
level of treatment .

2 . Supplementary provisions for preventing or
reducing the release of hazardous substances and
nutrients shall be developed by the Contracting Parties
for non-point sources, in particular where the main
sources are originating from agriculture, taking into
account the best environmental practice .

3 . For the purpose of paragraphs 1 and 2, Annex II to
this Convention contains a list of industrial sectors and

industries as well as an additional list of hazardous
substances and groups of substances, the discharge of
which from point and non-point sources shall be
prevented or considerably reduced . The updating of
Annex II lies with the International Commission .

4 . The Contracting Parties in addition shall, where
appropriate, define water quality objectives and apply
quality criteria for the purpose of preventing, controlling
and reducing transboundary impact . General guidance
for this is given in Annex III, which shall be applied and
specified by the Contracting Parties both, at the
domestic level and jointly, where appropriate .

5 . Aiming at an efficient limitation of the emissions in
areas under their jurisdiction the Contracting Parties
shall ensure necessary preconditions and implementation .

their level of standards imposed are harmonized step
by step with the emission limitation pursuant to this
Convention ;

( b ) waste water discharges without exception are based

on a permit imposed by the competent authorities in
advance and for a limited period of validity ;

( c ) regulations and permits for prevention and control

measures in case of new or modernized industrial
facilities, in particular where hazardous substances
are involved, are oriented on the best available tech ­
niques and are implemented with high priority ;

( d ) more stringent provisions than the standards — in

individual cases even prohibition — are imposed,
where the character of the receiving water and of
its ecosystem so requires in connection with para ­
graph 4 ;

( e ) competent authorities shall make sure that activities

likely to cause transboundary impacts are carried out
in compliance with the permits and provisions
imposed ;

( f ) environmental impact assessment in line with supra ­

national and international regulations or other
procedures for evaluation and assessment of environ ­
mental effects are applied ;

( g ) when planning, licensing and implementing activities

and measures as referred to in Article 3 ( 2 ) and in
Article 16 ( 2 ) the competent authorities take into
account risks of accidents involving substances
hazardous to water by imposing preventive measure
and by ordering rules of conduct for post accident

response measures .

Article 8

Emission inventories, action programmes and progress

reviews

1 . The Contracting Parties shall undertake period ­
ically inventories of the relevant point and non-point
sources of pollution within the catchment area of the
Danube River including the prevention and abatement
measures already taken for the respective discharges as
well as on the actual efficiency of these measures, taking
duly into account Article 5 ( 2 ) ( a ).

2 . Based on that the Contracting Parties shall in stages
establish a list of further prevention and abatement
measures to be taken step by step as far as this is
necessary for reaching the objectives of this Convention .

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3 . The inventory of emissions and the list of measures
to be taken form the basis for developing joint action
programmes to be developed by the Contracting Parties
taking into account priorities set in terms of urgency and
efficiency . These action programmes in particular shall
be aimed at the reduction of pollution loads and concen ­
trations both from industrial and municipal point sources
as well as from non-point sources . They shall, inter alia
contain the prevention and abatement measures
including the timing and cost estimates .

4 . In addition the Contracting Parties shall monitor
the progress made in the implementation of the joint
action programmes by establishing periodical progress
reviews . These reviews shall contain both the protection
measures implemented and the progress made as to the
riverine conditions in the light of the actual assessment .

Article 9

Monitoring programmes

On the basis of their domestic activities, the Contracting
Parties shall cooperate in the field of monitoring and

assessment .

1 . For this aim, they shall :

— harmonize or make comparable their monitoring

and assessment methods as applied on their
domestic levels, in particular in the field of river
quality, emission control, flood forecast and water
balance, with a view to achieving comparable
results to be introduced into the joint monitoring
and assessment activities,

— develop concerted or joint monitoring systems
applying stationary or mobile measurement
devices, communication and data processing
facilities,

— elaborate and implement joint programmes for

monitoring the riverine conditions in the Danube
catchment area concerning both water quality and
quantity, sediments and riverine ecosystems, as a
basis for the assessment of transboundary impacts
such as transboundary pollution and changes of
the riverine regimes as well as of water balances,
floods and ice-hazards,

— develop joint or harmonized methods for moni ­

toring and assessment of waste water discharges
including processing, evaluation and documen ­
tation of data taking into account the branch ­
specific approach of emission limitation ( Annex II,
Part 1 ),

— elaborate inventories on relevant point sources
including the pollutants discharges ( emission
inventories ) and estimate the water pollution from
non-point sources taking into account Annex II,
Part 2 ; review these documents according to the
actual state .

2 . In particular they shall agree upon monitoring points,

river quality characteristics and pollution parameters
regularly to be evaluated for the Danube River with a
sufficient frequency taking into account the ecological
and hydrological character of the watercourse
concerned as well as typical emissions of pollutants
discharged within the respective catchment area .

3 . The Contracting Parties shall establish, on the basis of

a harmonized methodology, domestic water balances,
as well as the general water balance of the Danube
River Basin . As an input for this purpose the
Contracting Parties to the extent necessary shall
provide connecting data which are sufficiently
comparable through the application of the
harmonized methodology . On the same database
water balances can also be compiled for the main
tributaries of the Danube River .

4 . They shall periodically assess the quality conditions of

the Danube River and the progress made by their
measures taken aiming at the prevention, control and
reduction of transboundary impacts . The results will
be presented to the public by appropriate publications .

Article 10

Obligations of reporting

The Contracting Parties shall report to the International

Commission on basic issues required for the Commission
to comply with its tasks . These reports shall in particular
involve :

( a ) reports and documents being foreseen in this
Convention or requested by the Commission ;

( b ) information on the existence, conclusion,
amendment or withdrawal of bilateral and multi ­

lateral agreements and treaties regulating the
protection and water management of the Danube
River and of waters within its catchment area or
being relevant for questions concerned ;

( c ) information on their respective laws, ordinances and

other general regulations, regulating the protection
and water management of the Danube River and of
waters within its catchment area or being relevant for
questions concerned ;

( d ) communication, at the latest within an agreed delay

after the International Commission has taken its

No C 288 / 26 EN Official Journal of the European Communities 1 . 10 . 96

decision, on the way, the timeframe and the financial
expenses for implementing action-oriented decisions
at the domestic level, such as recommendations,
programmes and measures ;

( e ) designation of competent institutions to be addressed

for cooperation in the framework of this Convention
by the International Commission or by other
Contracting Parties ;

( f ) communication on planned activities, which for
reason of their character are likely to cause trans ­
boundary impacts .

Article 11

Consultations

1 . Having had a prior exchange of information the
Contracting Parties involved shall at the request of one
or several Contracting Parties concerned enter into
consultations on planned activities as referred to in
Article 3 ( 2 ), which are likely to cause transboundary
impacts, as far as this exchange of information and these
consultations are not yet covered by bilateral or other
international cooperation . The consultations are carried
out as a rule in the framework of the International

Commission, with the aim to achieve a solution .

2 . Prior to a decision on planned activities the
competent authorities — with the exception of pending
danger — shall wait for the results of the consultations
except where they are not finalized one year after their
commencement at the latest .

2 . In order to harmonize emission limits, the
Contracting Parties shall undertake the exchange of
information on their regulations .

3 . If a Contracting Party is requested by any other
Contracting Party to provide data or information that is
not available, the former shall endeavour to comply with
the request but may condition its compliance upon the
payment, by the requesting Party, of reasonable charges
for collecting and, where appropriate, processing such
data or information .

4 . For the purposes of the implementation of this
Convention, the Contracting Parties shall facilitate the
exchange of best available techniques, particularly
through the promotion of : the commercial exchange of
available techniques, direct industrial contacts and coop ­
eration, including joint ventures ; the exchange of
information and experience ; and the provision of
technical assistance . The Contracting Parties shall also
undertake joint training programmes and the organ ­
ization of relevant seminars and meetings .

5 . The provisions of this Convention shall not affect
the rights or the obligations of Contracting Parties in
accordance with their domestic laws, regulations, admin ­
istrative provisions or accepted legal practices and
applicable international regulations to protect
information related to personal data, intellectual
property including industrial and commercial secrecy, or
national security .

6 . If a Party nevertheless decides to supply such

Article 12 protected information to another Party, the Party

receiving such protected information shall respect the

Exchange of information confidentiality of the information received and the

conditions under which it is supplied, and shall only use
that information for the purpose for which it was
1 . As determined by the International Commission the supplied .
Contracting Parties shall exchange reasonably available
data, inter alia, on :

Article 12

Exchange of information

( a ) the general conditions of the riverine environment

within the catchment area of the Danube River ;

( b ) experience gained in the application and operation of

best available techniques and results of research and
development ;

( c ) emission and monitoring data ;

( d ) measures taken and planned to be taken to prevent,

control and reduce transboundary impact ;

( e ) regulations for waste water discharges ;

( f ) accidents involving substances hazardous to water .

Article 13

Protection of information supplied

Insofar as pursuant to this Convention industrial and
commercial secrets or other confidential pieces of
information are transmitted in conformity with domestic
laws, the receiving Contracting Parties shall observe the
secrecy of this information by not using it for any other
purposes than those stipulated in this Convention,
publishing it, or making it available to third parties . In
case any one Contracting Party feels unable to comply
with this obligation regarding confidential information
that has been transmitted to it, it shall inform the trans ­
mitting Contracting Party about it without any delay and

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retransmit the transmitted information . Personal data
shall be transmitted to Contracting Parties in conformity
with the domestic law of the transmitting Contracting
Party . The receiver shall use personal data only for the
purpose indicated and under the conditions specified by
the transmitting side .

Article 14

Information to the public

1 . The Contracting Parties shall ensure that their
competent authorities are required to make available
information concerning the state or the quality of the
riverine environment in the Danube Basin to any natural
or legal person, with payment of reasonable charges, in
response to any reasonable request, without that person
having to prove an interest, as soon as possible .

2 . The information referred to in paragraph 1 of this
Article, which is held by public authorities, may be given

in written, visual, oral or data-based form .

3 . The provisions of this Article shall not affect the
right of Contracting Parties, in accordance with their
domestic legal systems and applicable international regu ­
lations, to provide for a request for such information to
be refused where it affects :

( a ) the confidentiality of the proceedings of public auth ­

orities, international relations and national defence ;

( b ) public security ;

( c ) matters which are or have been sub judice or under

enquiry including disciplinary enquiries, or which are
the subject of preliminary proceedings ;

( d ) commercial and industrial confidentiality as well as

intellectual property ;

( e ) the confidentiality of personal data and / or files ;

( f ) material supplied by a third party without that party

being under a legal obligation to do so ;

( g ) material, the disclosure of which would make it more

likely that the environment to which such material
related would be damaged .

4 . A public authority shall respond to a person
requesting information as soon as possible . The reasons
for a refusal to provide the information requested must
be given in writing .

Article

Research and development

1 . To further the aims of this Convention, the
Contracting Parties shall establish complementary or
joint programmes of scientific or technical research and,

in accordance with a procedure to be regulated by the
International Commission, transmit to the Commission :

( a ) the results of such complementary, joint or other

relevant research, the access to which is open for
public authorities ;

( b ) relevant parts of other programmes of scientific and

technical research .

2 . In so doing, the Contracting Parties shall have
regard to the work carried out or supported, in these
fields, by the appropriate international organizations and
agencies .

Article 16

Communication, warning and alarm systems, emergency

plans

1 . The Contracting Parties shall provide for coor ­
dinated or joint communication, warning and alarm
systems in the basin-wide context to the extent this is
necessary to supplement the systems established and
operated at a bilateral level . They shall consult on ways
and means of harmonizing domestic communication,
warning and alarm systems and emergency plans .

2 . The Contracting Parties shall in the framework of
the International Commission inform each other about
competent authorities or points of contact designated for
this purpose in case of emergency events such as acci ­
dental pollution, other critical water conditions, floods
and ice-hazards . Accordingly the competent authorities
shall cooperate to establish joint emergency plans, where
necessary, supplementary to existing plans on the
bilateral level .

3 . If a competent authority identifies a sudden
increase of hazardous substances in the Danube River or

in waters within its catchment area or receives note of a
disaster or of an accident likely to cause serious impact
on the water quality of the Danube River and to affect
downstream Danubian States this authority shall
immediately inform the contact points designated and
the International Commission according to the way of
procedure introduced by the Commission .

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4 . In order to control and reduce the risks originating
from floods including ice-hazards, the competent auth ­
orities shall immediately inform the down-stream
Danubian States likely to be affected and the Inter ­
national Commission on the occurrence and run-off

floods as well as on forecasts of ice-hazards .

Article 17

Mutual assistance

national Commission . For implementing the obligations
of the Contracting Parties pursuant to Articles 1 to 18
the International Commission elaborates proposals and
recommendations addressed to the Contracting Parties .

2 . The structure and the procedures of the Inter ­
national Commission as well as its competences are
stipulated in detail in Annex IV to this Convention
constituting the Statute of the Commission .

3 . In addition to affairs explicitly entrusted to it the
International Commission is competent to deal with all
other affairs the Commission is entrusted with by
mandate from the Contracting Parties in the framework
of Article 3 of this Convention .

1 . In the interest of enhanced cooperation and to other affairs the Commission is entrusted with by
facilitate compliance with obligations of this Convention mandate from the Contracting Parties in the framework
in particular where a critical situation of riverine of Article 3 of this Convention .
conditions should arise, Contracting Parties shall provide
mutual assistance upon the request of other Contracting
Parties . 4 . The implementation of decisions taken by the
International Commission is supported through the obli ­
gations of the Contracting Parties for reporting to the

2 . The International Commission shall elaborate Commission pursuant to Article 10 as well as through
procedures for mutual assistance addressing, inter alia, the provisions of this Convention concerning the
the following issues : domestic basis and implementation of the multilateral

cooperation .

2 . The International Commission shall elaborate
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

Contracting Party requesting assistance, including,
where necessary, the facilitation of border-crossing
formalities ;

( c ) arrangements for compensating the assisting
Contracting Party and / or its personnel, as well as
for transit through territories of third Contracting
Parties, where necessary ;

( d ) methods of reimbursing assistance services .

5 . The International Commission reviews experience
acquired implementing this Convention and as appro ­
priate submits proposals to the Contracting Parties
concerning amendments or additions to this Convention
or prepares the basis for elaborating further regulations
on the protection and water management of the Danube
River and of waters within its catchment area .

6 . The International Commission decides on the

cooperation with international and national organ ­
izations or with other bodies, which are engaged or
interested in the protection and water management of
the Danube River and of waters within its catchment

area or in general questions of water protection and
water management . This cooperation is directed to
enhancing coordination and to avoiding duplication .

PART III Article 19

INTERNATIONAL COMMISSION Transition concerning the Bucharest

Declaration

Article 18

Establishment, tasks and competences
Works as performed by the Contracting Parties in the
framework of the Declaration on the Cooperation of the
Danubian Countries on Problems of the Danubian

1 . With a view to implementing the objectives and Water Management, in particular for the Protection of
provisions of this Convention the International the Danube River against Pollution, signed on 13
Commission for the Protection of the Danube River, December 1985 ( Bucharest Declaration ), by the working
referred to in this Convention as International groups on water quality, flood information and forecast
Commission, shall be established . The Contracting and water balance are transferred to the framework of
Parties shall cooperate in the framework of the Inter ­ this Convention .

1 . 10 . % EN Official Journal of the European Communities No C 288 / 29

PART IV

PROCEDURAL AND FINAL CLAUSES

Article 20

Validity of the Annexes

Subject to Article 23, Annexes I to V form integral parts
of this Convention .

Article 21

Existing and supplementary agreements

The Contracting Parties on the basis of equality and
reciprocity shall adapt existing bilateral or multilateral
agreements or other arrangements, where necessary to
eliminate contradictions with basic principles of this
Convention, and shall enter into supplementary
agreements or other arrangements where appropriate .

Article 22

Conference of the Parties

1 . The Contracting Parties shall meet upon recom ­
mendation by the International Commission .

2 . At such meetings the Contracting Parties shall in
particular review policy issues concerning the implemen ­
tation of this Convention upon the report of the Inter ­
national Commission and shall adopt appropriate recom ­
mendations or decisions .

3 . The Contracting Party whose head of delegation
acts as President of the International Commission shall
also be the chairperson of such meetings .

4 . The Conference of the Parties is competent to pass
recommendations or decisions provided that after regular
invitation the delegations from at least three quarters of
all Contracting Parties are present . Unless otherwise
provided in this Convention, the Conference of the
Parties shall make every effort to reach agreement by
consensus . Should consensus not be attainable, the
Chairperson shall declare that all efforts at reaching
agreement by consensus have been exhausted . After such
an announcement a recommendation or decision shall be
adopted by a four-fifths majority of the Contracting
Parties present and voting .

5 . The decision shall become binding on the first day
of the eleventh month following the date of its adoption
for all Contracting Parties that voted for it and have not
within that period notified the Executive Secretary in
writing that they are unable to accept the decision .
However, such notification may be withdrawn at any
time ; the widthdrawal shall become effective upon
receipt by the Executive Secretary . Such a decision shall
become binding on any other Contracting Party which
has notified the Executive Secretary in writing that it is
able to accept the decision from the moment of the
receipt of that notification or on the first day of the
eleventh month following the date of the adoption of the
decision, whichever is later .

6 . If, however, the recommendation or decision would
have financial implications, the recommendation or
decision shall be adopted only by Consensus .

Article 23

Amendments to the Convention

The Convention shall be amended as follows :

1 . Any Contracting Party may propose an amendment to

this Convention . The text of the proposed amendment
together with the proposal to convene a Conference
of the Parties shall be communicated to the

Contracting Parties by the Depositary in writing .

2 . If at least three quarters of the Contracting Parties

support the proposal to convene a Conference of the
Parties the Depositary shall convene the Conference
of the Parties within six months at the seat of the

International Commission .

3 . The adoption of an amendment at the Conference of

the Contracting Parties requires consensus .

4 . The adopted amendment shall be submitted by the

Depositary Government to the Contracting Parties for
ratification, acceptance or approval . Ratification,
acceptance or approval of the amendment shall be
notified to the Depositary Government in writing .

5 . The amendment shall enter into force for those
Contracting Parties which have ratified, accepted or
approved it on the thirtieth day after receipt by the
Depositary Government of notification of its ratifi ­
cation, acceptance or approval by at least four-fifths
of the Contracting Parties . Thereafter the amendment
shall enter into force for any other Contracting Party
on the thirtieth day after that Contracting Party has
deposited its instrument of ratification, acceptance or
approval of the amendment .

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6 . The Annexes I, II and III may be amended by the longer in force is considered to have accepted

International Commission in accordance with Article arbitration .

5 of its Statue .

Article 23

Article 24 Signature

Settlement of disputes

1 . If a dispute arises between two or more
Contracting Parties about the interpretation or
application of this Convention, they shall seek a solution
by negotiation or by any other means of dispute
settlement acceptable to the parties to the dispute, if
appropriate with assistance by the International
Commission .

This Convention shall be open for signature by the
Danubian States fully entitled to the rights and privileges
of membership in the United Nations according to the
UN Charter as well as by the European Community and
any other regional economic integration organization, to
which such States as their members have transferred

competence over matters governed by this Convention at
Sofia on 29 June 1994 .

Article 26

2 . ( a ) If the parties to the dispute are not able to settle Ratification, acceptance or approval

the dispute in accordance with paragraph 1 of this
Article within a reasonable time but not more

than 12 months after the International

Commission has been notified about the dispute
by a party to the dispute, the dispute shall be
submitted for compulsory decision to one of the
following means of peaceful settlement :

This Convention shall be subject to ratification,
acceptance or approval . The instruments of ratification,
acceptance or approval shall be deposited with the
Government of Romania which shall act as the
Depositary of this Convention .

— the International Court of Justice, Article 27

Entry into force

— arbitration in accordance with Annex V to this

Convention . This Convention shall enter into force on the ninetieth
day following the date of deposit of the ninth instrument
of ratification, acceptance, approval or accession . For

ratifying, accepting, approving or acceding each State or regional economic integration organization

Convention or at any time thereafter a ratifying, accepting, approving or acceding to this
Party may declare in writing to the Convention after the deposit of the ninth instrument of
that, for a dispute not resolved in ratification, acceptance, approval or accession, this
with paragraph 1 of this Article, it Convention shall enter into force on the ninetieth day
one or both means of dispute settlement after deposit by such State or regional economic inte ­
to in subparagraph ( a ) of this paragraph . gration organization of its instrument of ratification,

acceptance, approval or accession .

( b ) When ratifying, accepting, approving or acceding

to this Convention or at any time thereafter a
Contracting 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 means of dispute settlement
referred to in subparagraph ( a ) of this paragraph .

( c ) If the parties to the dispute have accepted both

means of dispute settlement referred to in
subparagraph ( a ) of this paragraph the dispute
shall be submitted to the International Court of
Justice, unless the parties agree otherwise .

( d ) If the parties to the dispute have not accepted the

same means of dispute settlement referred to in
subparagraph ( a ) of this paragraph, the dispute
shall be submitted to arbitration .

( e ) A Contracting Party which has not made a
declaration in accordance with subparagraph ( b )
of this paragraph or whose declaration is no

Article 28

Accession, participation

1 . A State or regional economic integration organ ­
ization as referred to in Article 25 of this Convention,
which has not signed this Convention may accede to this
Convention . The instrument of accession shall be
deposited with the Depositary .

2 . Contracting Parties may unanimously invite any
other State or regional economic integration organ ­
ization to accede to this Convention or to participate in
it with a consultative status .

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Article 29 ( a ) of the deposit of instruments of ratification,

Withdrawal acceptance, approval or accession, of withdrawal or

of any other information, declarations and
instruments as are provided for in this Convention ;
At any time after five 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 ( b ) of the date of the entry into force of this
written notification to the Depositary . Any such with ­ Convention .
drawal shall take effect one year after the date of the
receipt of the notification by the Depositary .

Article 29

Withdrawal

( b ) of the date of the entry into force of this
Convention .

Article 31

Article 30
Authentic texts, Depositary

Functions of the Depositary

The Depositary Government shall perform the functions
of Depositary of this Convention, in particular, the
Depositary shall inform the Contracting Parties :

The original of this Convention, of which the English
and German texts shall be equally authentic, shall be
deposited with the Government of Romania which shall
send certified copies thereof to the Contracting Parties .

In witness whereof the undersigned, being duly authorized by their respective Governments,
have signed the Convention on Cooperation for the Protection and Sustainable Use of the
Danube River ( Danube River Protection Convention ).

Done at Sofia on 29 June 1994 .

ANNEX I

PART 1

Best available techniques

1 . The use of the best available techniques shall emphasize the use of non-waste technology, if available .

2 . The term ' best available techniques ' means the latest stage of development ( state of the art ) of processes,

of facilities or of methods of operation which indicate the practical suitability of a particular measure for
limiting discharges, emissions and waste . In determining whether a set of processes, facilities and
methods of operation constitute the best available techniques in general or individual cases, special
consideration shall be given to :

( a ) comparable processes, facilities or methods of operation which have recently been successfully tried

out ;

( b ) technological advances and changes in scientific knowledge and understanding ;

( c ) the economic feasibility of such techniques ;

( d ) time limits for installation in both new and existing plants ;

( e ) the nature and volume of the discharges and emissions concerned .

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3 . It therefore . follows that what is ' best available techniques ' for a particular process will change with time

in the light of technological advances, economic and social factors, as well as changes in scientific
knowledge and understanding .

4 . If the reduction of discharges and emissions resulting from the use of best available techniques does not

lead to environmentally acceptable results, additional measures have to be applied .

5 . The term ' techniques ' includes both the technology used and the way the installation is designed, built,

maintained, operated and dismantled .

PART 2

Best environmental practice

1 . Best environmental practice means the application of the most appropriate combination of sectoral

environmental control strategies and measures .

2 . In determining what combination of measures constitute best environmental practice, in general or indi ­

vidual cases, particular consideration should be given to :

— the precautionary principle,

— the environmental hazard of the product and its production, use and ultimate disposal ( principle of

responsibility ),

— the substitution by less polluting activities or substances and saving resources including energy

( principle of minimizing ),

— the scale of use,

— the potential environmental benefit or penalty of substitute materials or activities,

— advances and changes in scientific knowledge and understanding,

— time limits for implementation,

— social and economic implication .

3 . It therefore follows that best environmental practice for a particular source of impacts will change with

. time in the light of technological advances, economic and social factors, as well as changes in scientific
knowledge and understanding .

4 . If the reduction of impacts resulting from the use of best environmental practice does not lead to envi ­

ronmentally acceptable results, additional measures have to be applied and best environmental practice
redefined .

ANNEX II

INDUSTRIAL SECTORS AND HAZARDOUS SUBSTANCES

PART 1

List of industrial sectors and industries

1 . In the heat generation, energy, and mining sectors :

( a ) Treatment of flue gases and exhaust air, slags, condensates from combustion plants ;

( b ) Cooling systems ;

( c ) Coal preparation, ore preparation ;

( d ) Upgrading of coal and recovery of coal by-products, briquetting ;

( e ) Manufacture of woody lignite, activated carbon, soot .

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2 . In the stone and earth industry, the building materials, glass and ceramics sectors :

( a ) Manufacture of fibrous cement and fibrous cement products ;

( b ) Manufacture and processing of glass, glass fibres, mineral fibres ;

( c ) Manufacture of ceramic products .

3 . In the metals sector :

( a ) Metal working and processing : electroplating shops, pickling plants, anodic oxidation plants, burn ­

ishing plants, hot galvanizing plants, hardening shops, printed circuit board manufacture, battery
manufacture, enamelling works, mechanical workshops, slide polishing shops ;

( b ) Manufacture of iron and steel, including foundries ;

( c ) Manufacture of non-ferrous metals, including foundries ;

( d ) Manufacture of ferro-alloys .

4 . In the inorganic chemistry sector :

( a ) Manufacture of basic chemicals ;

( b ) Manufacture of mineral acids, bases, salts :

( c ) Manufacture of alkalis, alkali lyes and chlorine using alkali chloride electrolysis ;

( d ) Manufacture of mineral fertilizers ( excluding potash fertilizers ), phosphoric acid salts, phosphates

for feedstuffs ;

( e ) Manufacture of sodium carbonate ;

( f ) Manufacture of corundum ;

( g ) Manufacture of inorganic pigments, mineral pigments ;

( h ) Manufacture of semi-conductors, rectifiers, photoelectric cells ;

( i ) Manufacture of explosives, including pyrotechnics ;

( j ) Manufacture of highly disperse oxides ;

( k ) Manufacture of barium compounds .

5 . In the organic chemistry sector :

( a ) Manufacture of basic chemicals ;

( b ) Manufacture of dyes, pigments, paints ;

( c ) Manufacture and processing of man-made fibres ;

( d ) Manufacture and processing of plastics, rubber, caoutchouc ;

( e ) Manufacture of organic halogen compounds ;

( f ) Manufacture of organic explosives, solid fuels ;

( g ) Manufacture of auxiliaries for leather, papermaking and textile production ;

( h ) Manufacture of pharmaceuticals ;

( i ) Manufacture of biocides ;

( j ) Manufacture of raw materials for washing and cleaning agents ;

( k ) Manufacture of cosmetics ;

( 1 ) Manufacture of gelatins, hide glue, adhesives .

6 . In the mineral oil and synthetic oils sectors :

( a ) Mineral-oil processing, manufacture and refining of mineral oil products, manufacture of hydro ­

carbons ;

( b ) Recovery of oil from oil-in-water mixtures, demulsification plants, recovery and treatment of waste

oil ;

( c ) Manufacture of synthetic oils .

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7 . In the printing plant, reproshop, surface treatment and plastic-sheet manufacturing sectors, as well as other

forms of processing resins and plastics :

( a ) Manufacture of printing and graphic products, reproshops ;

( b ) Printing laboratories and film laboratories ;

( c ) Manufacture of foils, vision and sound carriers ;

( d ) Manufacture of coated and impregnated materials .

8 . In the wood, pulp and paper sectors :

( a ) Manufacture of pulp, paper and cardboard ;

( b ) Manufacture and coating of wood fibre board .

9 . In the textile, leather and fur sectors :

                           - ( a ) Textile manufacture, textile finishing ;

( b ) Leather manufacture, leather finishing, leather substitute manufacture, fur finishing ;

( c ) Dry cleaning, laundries, polishing cloth washings, woollen material washings .

10 . Other sectors :

( a ) Recycling, treatment, storage, loading, unloading and depositing of waste and residual materials ;

storage, loading, unloading and transfer of chemicals ;

( b ) Medical and scientific research and development, hospitals, doctors ' practices, radiology institutes,

laboratories, testing rooms ;

( c ) Industrial cleaning businesses, cleaning of industrial containers ;

( d ) Vehicle workshops, vehicle washing facilities ;

( e ) Water treatment ;

( f ) Painting and varnishing businesses ;

( g ) Manufacture and processing of plant and animal extracts ;

( h ) Manufacture and processing of microorganisms and viruses with in-vitro recombined nucleic acids ;

( i ) Industrial sectors applying radioactive substances ( nuclear industry ).

PART 2

Guiding list of hazardous substances and groups of substances

A. Priority groups of substances

( a ) heavy metals and their compounds ;

( b ) organohalogen compounds ;

( c ) organic compounds of phosphorus and tin :

( d ) plant protection agents, pesticides ( fungicides, herbicides, insecticides, algicides ) and chemicals used

for the preservation of wood, cellulose, paper, hides and textiles, etc .;

( e ) oils and hydrocarbons of petroleum origin ;

( f ) other organic compounds especially harmful to the aquatic environment ;

( g ) inorganic nitrogen and phosphorus compounds ;

( h ) radioactive substances, including waste .

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B. Single hazardous substances

As there are considerable differences as to the hazardous character of the substances contained in
certain groups it is necessary also to emphasize some single substances, which in practice can play a
priority role .

Substances CAS-number Substances CAS-number

1 . Mercury 7439976 21 . Trifluralin 1582098

2 . Cadmium 7440439 22 . Endosulfan 115297

3 . Copper 7440508 23 . Simazine 122349

4 . Zinc n.a . 24 . Atrazine 1912249

5 . Lead 7439921 25 . T ributyltin-compounds —

6 . Arsenic 7440382 26 . T riphenyltin-compounds —

7 . Chromium n.a . 27 . Azinphos-ethyl 2642719

8 . Nickel 7440020 28 . Azinphos-methyl 86500

9 . Boron n.a . 29 . Fenitrothion 122145

10 . Cobalt n.a . 30 . Fenthion 55389

11 . Selenium 7782492 31 . Malathion 121755

12 . Silver n.a . 32 . Parathion 56382

13 . Drins — 33 . Parathion-methyl 298000

14 . HCH 608731 34 . Dichlorvos 62737

15 . DDT 50293 35 . T richloroethylene 79016

16 . Pentachlorophenol 87865 36 . Tetrachloroethylene 127184

17 . Hexachlorobenzene 118741 37 . T richlorbenzene —

18 . Hexachlorobutadiene 87683 38 . Dichloroethane 1 .2 107062

19 . Carbontetrachloride 56235 39 . Trichloroethane 71556

20 . Chloroform 67663 40 . Dioxins n.a .

ANNEX III

GENERAL GUIDANCE ON WATER QUALITY OBJECTIVES AND CRITERIA (')

Water quality objectives and criteria developed for specific reaches of the Danube River and for surface
waters within its catchment area shall :

( a ) take into account the option of maintaining and, where necessary, improving the existing water quality ;

( b ) aim at the reduction of average pollution loads and concentrations ( in particular hazardous substances )

to a certain degree within a certain period of time ;

( c ) take into account specific water quality requirements ( raw water for drinking-water purposes, irri ­

gation, etc .);

( d ) take into account specific requirements regarding sensitive and specially protected waters and their

environment, e.g. lakes, zones for the protection of bank-filtered water and wetlands ;

( e ) be based on the application of biological classification methods and 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 additional protective measures may

be required in individual cases .

(') Water quality objectives and criteria as a rule are individually developed and in particular adjusted to the prevailing

conditions as to the ecosystems, the water resources and their utilization . Therefore in the framework of this
Convention only general guidelines are addressed to the Contracting Parties

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ANNEX IV

STATUTE OF THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE

DANUBE RIVER

Structures and procedures of the International Commission supplementary to Article 18 shall be established
as follows :

Articles 1

Composition

1 . The International Commission consists of delegations nominated by the Contracting Parties . Each
Contracting Party nominates five delegates at the utmost including the head of delegation and his deputy .

2 . In addition each delegation may take the number of experts necessary for dealing with special
questions, whose names are communicated to the Secretariat of the International Commission .

Article 2

Presidency 1

1 . The Chair of the International Commission is held by the Contracting Parties in turn by alphabetical
order ( in English ) for one year . The delegation looking after the Chair nominates one of its members to
become President of the International Commission .

2 . The President as a rule does not take the floor on behalf of his delegation within the meetings of the
International Commission .

3 . Further details concerning the Presidency are determined by the International Commission and
included in its Rules of Procedure .

Article 3

Meetings

1 . The International Commission convenes an ordinary meeting at least once a year on invitation of the
President at a place to be determined by him .

2 . Extraordinary meetings are to be convened by the President on the request of at least three
delegations .

3 . Consultations of the heads of delegation may be held intermediately to the meetings of the
Commission .

4 . The President proposes the agenda items . They include reports by the Standing Working Group and
its expert groups . Each delegation has the right to propose those agenda items which it likes to see dealt
with . The order of sequence for the agenda items is determined in the International Commission by
majority vote .

Article 4

Taking decisions

1 . Each delegation has one vote .

2 . Notwithstanding the provisions of paragraph ( 1 ) of this Article, the European Community, within the
areas of its competence, is entitled to a number of votes equal to the number of its Member States which
are Contracting Parties to this Convention . This organization shall not exercise its right to vote in cases
where its Member States exercise theirs and conversely .

3 . The International Commission constitutes a quorum with the presence of the delegations of at least
two thirds of the Contracting Parties .

4 . Written procedures may take place under conditions to be determined by the Rules of Procedure of
the International Commission .

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Article 5

Adopting decisions

1 . Decisions and recommendations shall be adopted by consensus of the delegations to the International
Commission . Should consensus not be attainable, the President of the Commission shall declare that all
efforts at reaching agreement by consensus have been exhausted . Unless otherwise provided in the
Convention, the Commissipn shall in this case adopt decisions or recommendations by a four-fifths
majority vote of the delegations present and voting .

2 . The decision shall become binding on the fjrst day of the eleventh month following the date of its
adoption for all Contracting Parties that voted for it and have not within that period notified the Executive
Secretary in writing that they are unable to accept the decision . However, such notification may be
withdrawn at any time ; the withdrawal shall become effective upon receipt by the Executive Secretary .
Such a decision shall become binding on any other Contracting Party which has notified the Executive
Secretary in writing that it is able to accept the decision from the moment of the receipt of that notification
or on the first day of the eleventh month following the date of the adoption of the decision, whichever is
later .

Article 6

Expert bodies

1 . The International Commission establishes a Standing Working Group . For certain fields of work and
for specific problems there are introduced standing or ad hoc Expert Groups .

2 . The Standing Working Group and the Expert Groups consist of delegates and experts nominated by
the delegations to the Commission .

3 . The Standing Working Group is attended by delegates from all Contracting Parties . The Inter ­
national Commission nominates its Chairman and determines the utmost number of delegates . The
Commission also determines the number of experts participating in the Expert Groups .

Article 7

Secretariat

1 . A Permanent Secretariat is hereby established .

2 . The Permanent Secretariat shall have its headquarters in Vienna .

3 . The International Commission shall appoint an Executive Secretary and make provisions for the
appointment of such other personnel as may be necessary . The Commission shall determine the duties of
the Executive Secretary 's post and the terms and conditions upon which it is to be held .

4 . The Executive Secretary shall perform the functions that are necessary for the administration of this
Convention and for the work of the International Commission as well as the other tasks entrusted to the

Executive Secretary by the Commission in accordance with its Rules of Procedure and its Financial Regu ­
lations .

Article 8

Entrusting special experts

In the framework of its assessments, the evaluation of results gained and for the analysis of special
questions the International Commission may entrust particularly qualified persons, scientific institutions or
other facilities .

Article 9

Reports

The International Commission submits to the Contracting Parties an annual report on its acitvities as well
as further reports as required, which in particular also include the results of monitoring and assessment .

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Article 10

Legal capacity and representation

1 . The International Commission shall have such legal capacity as may be necessary for the exercise of
its functions and the fulfilment of its purposes in accordance with the law applicable at the headquarters of
its Secretariat .

2 . The International Commission shall be represented by its President . This representation shall be
determined further by the Rules of Procedure .

Article 11

Costs

1 . The International Commission shall adopt its Financial Rules .

2 . The Commission shall adopt an annual or biennial budget of proposed expenditure and consider
budget estimates for the fiscal period following thereafter .

3 . The total amount of the budget, including any supplementary budget adopted by the Commission
shall be contributed by the Contracting Parties other than the European Community, in equal parts, unless
unanimously decided otherwise by the Commission .

4 . The European Community shall contribute no more than 2,5 % of the administrative costs to the
budget .

5 . Each Contracting Party shall pay the expenses related to the participation in the Commission of its
representatives, experts and advisers .

6 . Each Contracting Party carries the costs of the current monitoring and assessment activities, carried
out in their territory .

Article 12

Rules of procedure

The International Commission establishes its rules of procedure .

Article 13

Working languages

The official languages of the International Commission are English and German .

ANNEX V

ARBITRATION

1 . The procedure of the arbitration referred to in Article 24 of this Convention shall be in accordance

with paragraphs 2 to 10 as follows :

2 . ( a ) In the event of a dispute being submitted to arbitration pursuant to Article 24 ( 2 ) of this
Convention an arbitral tribunal shall be constituted at the request addressed by one party to the
dispute to the other party . The request for arbitration shall state the subject matter of the
application including in particular the articles of this Convention, the interpretation or application
of which is in dispute .

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( b ) The applicant party shall inform the International Commission that it has requested the setting up

of an arbitral tribunal, stating the name of the other party to the dispute and the articles of this
Convention the interpretation or application of which, in its opinion, is in dispute . The claimant as
well as the defendant party can consist of a plurality of Contracting Parties . The International
Commission shall forward the information thus received to all Contracting Parties to this
Convention .

3 . The arbitral tribunal shall consist of three members : both the claimant party or parties and the other

party or parties to the dispute shall appoint an arbitrator within two months ; the two arbitrators so
appointed shall designate by common agreement within two months the third arbitrator who shall be
the chairman of the tribunal . The latter shall not be a national of one of the parties to the dispute, nor
have his usual place of residence in the territory of one of these parties, nor be employed by any of
them, nor have dealt with the case in any other capacity .

4 . ( a ) If one of the parties to the dispute does not appoint an arbitrator within two months of receipt of

the request, the other party may inform the President of the International Court of Justice who
shall designate the chairman of the arbitral tribunal within a further two months ' period . Upon
designation, the chairman of the arbitral tribunal shall request the party which has not appointed
an arbitrator to do so within two months . After such period, if the arbitrator has not been
approved, the chairman of the arbitral tribunal shall inform the President of the International
Court of Justice who shall make this appointment within a further two months ' period .

( b ) If the chairman of the arbitral tribunal has not been designated within two months of the

appointment of the second arbitrator, the President of the International Court of Justice shall, at
the request of either party, designate him within a further two months ' period .

5 . ( a ) The arbitral tribunal shall decide according to the rules of international law and, in particular,

those of this Convention .

( b ) Any arbitral tribunal constituted under the provisions of this Annex shall draw up its own rules of

procedure .

( c ) In the event of a dispute as to whether the arbitral tribunal has jurisdiction, the matter shall be

decided by the decision of the arbitral tribunal .

6 . ( a ) The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by

majority vote of its members .

( b ) The arbitral tribunal may use all appropriate means in order to establish the facts . It may at the

request of one of the parties prescribe essential interim measures of protection .

( c ) If two or more arbitral tribunals constituted under the provisions of this Annex are seized of

requests with identical or similar subjects, they may inform themselves of the procedures for estab ­
lishing the facts and take them into account as far as possible .

( d ) The parties to the dispute shall provide all facilities necessary for the effective conduct of the

proceedings .

( e ) The absence of a party to the dispute shall not constitute an impediment to the proceedings .

7 . 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 .

8 . The arbitral tribunal shall render its award within five months of the date on which it is established,

unless it finds it necessary to extend the time limit for a period which should not exceed five months .

9 . Any Contracting Party that has an interest of a legal nature in the subject matter of the dispute which

may be affected by the decision in the case, may intervene in the proceedings with the consent of the
tribunal . The award of the arbitral tribunal shall become binding on the intervening Party in the same
way as for the parties to the dispute .

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10 . ( a ) The award of the arbitral tribunal shall be accompanied by a statement of reasons . It shall be final

and binding upon the parties to the dispute . The award will be transmitted by the arbitral tribunal
to the parties to the dispute and to the International Commission . The Commission will forward
the information received to all Parties to this Convention .

( b ) 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 arbitral tribunal constituted for this purpose in the same
manner as the first .