Source: EURLEX
Language: en
Format: md

##### **`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 ivivi ^'n. i i i i,,,../ i i,, ! i o i \ i Afviw s . ., .

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

**PRE AW If**

```
   The Parties to this Convention,

   Mindful thai the protection and use of transboundary watercourses and
```

`international lakes` `are` `important` _and_ `urgent` `tasks,` `the` `effective`
```
accomplishment of which can only be ensured by enhanced cooperation,

   .Ç. [0] ..n^2^ [n] .!-.^ over the existence and threats of adverse effects, in the short
or long term, of changes in the conditions of transboundary watercourses and
international lakes on the environment, economies and well-being of the
member countries of the Economic Commission for Europe (ECE),

   Emphasizing the need for strengthened national and international measures
to prevent, control and reduce the release of hazardous substances into the
aquatic environment and to abate eutrophication and acidification, as well as
pollution of the marine environment, in particular coastal areas, from
land -based sources,

   Commending the efforts already undertaken by the ECE Governments to
strengthen cooperation, on bilateral and multilateral levels, for the
prevention, control and reduction of transboundary pollution, sustainable
water management, conservation of water resources and environmental protection,

   B.®.!£?-l.lii}3. the pertinent provisions arid principles of the Declaration of
the Stockholm Conference on the Human Environment, the Final Act of the
Conference on Security and Cooperation in Europe (CSCE), the Concluding
Documents of the Madrid and Vienna Meetings of Representatives of the
Participating States of the CSCE, and the Regional Strategy for Environmental

Protection and Rational Use of Natural Resources in ECE Member Countries

covering the Period up to the Year 2000 and Beyond,

   Conscious of the role of the United Nations Economic Commission for

Europe in promoting international cooperation for the prevention, control and
reduction of transboundary water pollution and sustainable use of
transboundary waters, and in this regard recalling the ECE Declaration of
```

`Policy` `on` `Prevention` _and_ `Control` `of` `Water Pollution, including Transboundary`
```
Pollution; the ECE Declaration of Policy on the Rational Use of Water; the ECE
Principles Regarding Cooperation in the Field of Transboundary Waters; the ECE
Charter on Groundwater Management; and the Code of Conduct on Accidental
Pollution of Transboundary Inland Waters,

```

`h'*-fi?rj'.'iH` `[,]` `I` `t°` `decisions` _1_ `(42)` `and` `I` `(44) adopted` `by the` `Economic`
```
Commission for Europe at its forty-second and forty-fourth sessions,
respectively, and the outcome of the CSCE Meeting on the Protection of the
Environment (Sofia, Bulgaria, 16 October - 3 November 1989),

   Lf!».Pi^*.?iZ.L [n] 9. that cooperation between member countries in regard to the
protection and use of transboundary waters shall be implemented primarily
through the elaboration of agreements between countries bordering the same
waters, especially where no such agreements have yet been reached,

```

`t!` `[a]` `.VJL..B9£.` `[e]` `.` _?A_ `[ a s]` `foil ow` `s :`

```
                    Article 1

                   DLrINlflONS

   For the purposes of this Convention,

   1. "'1 ransboundary waters" mean;; any surface or ground waters which
```

`mark, cross or` _arc_ `located` _on_ `boundaries between two or more States;` `wherever`
```
transboundary waters flow directly into the sea, these transboundary waters
end at a straight line across their respective mouths between points on the
low-water line of their banks;

```

_?.._ `"Transboundary` `impact" means any` `significant` `adverse effect on the`
```
environment resulting from a change in the conditions of transboundary waters
caused by a human activity, the physical origin of which is situated wholly or
```

`in part within` _an_ `area under the jurisdiction of a Party, within an` _arna_ `under`
```
the jurisdiction of another Party. Such effects on the environment include
effects on human health and safety, flora, fauna, soil, air, water, climate,
landscape and historical monuments or other physical structures or the
interaction among these factors; they also include effects on the cultural
heritage or socio-economic conditions resulting from alterations to those
factors;

   3. "Party" means, unless the text otherwise indicates, a Contracting
Party to this Convention;

   4. "Riparian Parties" means the Parties bordering the same
transboundary waters;

```

_b._ `"Joint` `body" means any bilateral or multilateral commission or other`
```
appropriate institutional arrangements for cooperation between the Riparian
Parties;

   6. "Hazardous substances" means substances which are toxic,
carcinogenic, mutagenic, teratogenic or bio-accumulative, especially when they
```

_are_ `persistent;`

```
   7. "Best available technology" (the definition is contained in annex I
to this Convention).

                     PART J

             PROVISIONS RELATING TO ALL PARTIES

                    ArUç_le_2

                 GENERAL PROVISIONS

1. The Parties shall take all appropriate measures to prevent, control and
reduce any transboundary impact.

```

_2._ `The Parties shall, in particular, take all appropriate measures:`

```
   (a) To prevent, control and reduce pollution of waters causing or likely
to cause transboundary impact;

```

`-` _2_

### **c.**

```
   (b) To ensure that transboundary waters are used with the aim of
ecologically sound and rational water management, conservation of water
resources and environmental protection;

```

`(c.) To ensure that transboundary waters` _are_ `used in a reasonable and`
```
equitable way, taking into particular account their transboundary character,
```

`in the case of activities which cause or` _are_ `likely to cause transboundary`
```
impact;

   (d) To ensure conservation and, where necessary, restoration of

ecosystems.

3. Measures for the prevention, control and reduction of water pollution
shall be taken, where possible, at source.

4. These measures shall not directly or indirectly result in a transfer of
pollution to other parts of the environment.

5. In taking the measures referred to in paragraphs 1 and 2 of this article,
the Parties shall be guided by the following principles:

   (a) The precautionary principle, by virtue of which action to avoid the
potential transboundary impact of the release of hazardous substances shall
not be postponed on the ground that scientific research has not fully proved a
causal link between those substances, on the one hand, and the potential
transboundary impact, on the other hand;

   (b) The polluter-pays principle, by virtue of which costs of pollution
prevention, control and reduction measures shall be borne by the polluter;

   (c) Water resources shall be managed so that the needs of the present
```

`generation` _are_ `met without compromising the ability of future generations to`
```
meet their own needs.

6. The Riparian Parties shall cooperate on the basis of equality and
reciprocity, in particular through bilateral and multilateral agreements, in
order to develop harmonized policies, programmes and strategies covering the
relevant catchment areas, or parts thereof, aimed at the prevention, control
```

_and_ `reduction of transboundary impact` _and_ `aimed at the protection of the`
```
environment of transboundary waters or the environment influenced by such
waters, including the marine environment.

7. The application of this Convention shall not lead to the deterioration of
```

`environmental conditions nor` _lead_ `to increased transboundary impact.`

```
8. The provisions of this Convention shall not affect the right of Parties
```

`individually or jointly to adopt` _and_ `implement more` `stringent` `measures than`
```
those set down in this Convention.

                   Article 3

            PREVENTION, CONTROL AND REDUCTION

1. To prevent, control and reduce transboundary impact, the Parties shall
```

`develop, adopt, implement and, as` _C<:ir_ `as possible, render compatible relevant`
```
legal, administrative, economic, financial and technical measures, in order to
ensure, inter alia, that:

                     3 
```

```
   (a) i hie omi $>; !'•'" of pollutants is prevented, control led -»nd reduced at
source through the application of, inter alia, low and non waste technology;

```

`(b) Transboundary waters` _are_ `protected against` `pollution` `from point`
```
sources through the prior licensing of waste water discharges by the competentnational authorities, and that the authorized discharges are monitored and
controlled;

```

`(c) Limits for` `waste-water` `discharges stated in permits` _are_ `based on the`
```
best available technology for discharges of hazardous substances;

   (d) Stricter requirements, even leading to prohibition in individual
cases, are imposed when the quality of the receiving water or the ecosystem so
requires;

   (e) At least biological treatment or equivalent processes are applied to
municipal waste water, where necessary in a step-by-step approach;

```

`(f)` `Appropriait»` `measures` _are_ `taken, such as the application of the best`
```
available technology, in order to reduce nutrient inputs from industrial and
municipal sources;

   (g) Appropriate measures and best environmental practices are developed
```

`and implemented for the reduction of inputs of nutrients and hazardous` _Ç_
`substances from diffuse sources, especially where the main sources` _are from_
`agriculture (guidelines for developing best environmental practices` _are_ `given`
```
in annex II to this Convention);

   (h) Environmental impact assessment and other means of assessment are
applied;

   (i) Sustainable water-resources management, including the application of
the ecosystems approach, is promoted;

   (j) Contingency planning is developed;

```

`(k) Additional specific measures` _are_ `taken to prevent the pollution of`
```
groundwaters;

   (1) The risk of accidental pollution is minimized.

```

`2.` `To this end, each Party` `shall` `set emission limits` _\>>r_ `discharges from`
```
point sources into surface waters based on the best available technology, ('
```

`which` _are_ `specifically applicable to individual industrial sectors or`
```
industries from which hazardous substances derive. The appropriate measures
mentioned in paragraph 1 of this article to prevent, control and reduce the
```

`input` _of_ `hazardous substances from point` `arid` `diffuse sources into waters, may,`
```
Infeejr_.alia, include total or partial prohibition of the production or use of
such substances. Existing lists of such industrial sectors or industries and
of such hazardous substances in international conventions or regulations,
```

`which` _are_ `applicable in the area covered by this Convention, shall be taken`
```
into account.

3. In addition, each Party shall define, where appropriate, water-quality
```

`objectives` _and_ `adopt` `water-quality` `criteria for the purpose of preventing,`
```
controlling and reducing transboundary impact. General guidance for
developing such objectives and criteria is given in annex III to this
```

`Convention. When necessary, the Parties shall endeavour to update this` _annex._

```
                    - 4

```

# **c**

```
                   Article 4

                  MONITORING

   The Parties shall establish programmes for monitoring the conditions of
t r ansboundary waters .

                   Article J>

               RESEARCH AND DEVELOPMENT

```

`The` `Parties shall cooperate in the conduct of research into` _and_
```
development of effective techniques for the prevention, control and reduction
of transboundary impact. To this effect, the Parties shall, on a bilateral
and/or multilateral basis, taking into account research activities pursued in
relevant international forums, endeavour to initiate or intensify specific
research programmes, where necessary, aimed, i_nter.alia, at:

   (a) Methods for the assessment of the toxicity of hazardous substances
and the noxiousness of pollutants;

   (b) Improved knowledge on the occurrence, distribution and environmental
effects of pollutants and the processes involved;

   (c) The development and application of environmentally sound
technologies, production and consumption patterns;

   (d) The phasing out and/or substitution of substances likely to have
transboundary impact;

   (e) Environmentally sound methods of disposal of hazardous substances;

   (f) Special methods for improving the conditions c! transboundary waters

   (g) The development of environmentally sound water-construction works
and water-regulation techniques;

   (h) The physical and financial assessment of damage resulting from
transboundary impact.

The results of these research programmes shall be exchanged among the Parties
in accordance with article 6 of this Convention.

                   ArtiçJç_. 6

               EXCHANGE OF INFORMAI ION

   The Parties shall provide for the widest exchange of information, as
early as possible, on issues covered by the provisions of this Convention.

                   Article 7

              RESPONSIBILITY AND LIABTI...ITY

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

```

```
                     Arti cle 8

                PROT EC i J ON OF 1 NI ORMAT J ON

   The provisions of this Convention shall not affect the rights or the
```

**`obligations of Parties in accordance with their national legal systems`** _**and**_
```
applicable supranational regulations to protect information related to
industrial and commercial secrecy, including intellectual property, or
national security.

                      PART II

            PROVISIONS RELATING TO RIPARIAN PARTIES

                     Article 9

            BILATERAL AND MULTILATERAL COOPERATION

1. The Riparian Parties shall on the basis of equality and reciprocity enter
into bilateral or multilateral agreements or other arrangements, where these
do not yet exist, or adapt existing ones, where necessary to eliminate the
contradictions with the basic principles of this Convention, in order to
define their mutual relations and conduct regarding the prevention, control
and reduction of transboundary impact. The Riparian Parties shall specify the
```

**`catchment`** _**area,**_ _**or**_ **`part(s) thereof, subject to cooperation. These agreements`**
```
or arrangements shall embrace relevant issues covered by this Convention, as
well as any other issues on which the Riparian Parties may deem it necessary

to cooperate.

2. The agreements or arrangements mentioned in paragraph 1 of this article
shall provide for the establishment of joint bodies. The tasks of these joint
bodies shall be, inter alia, and without prejudice to relevant existing
agreements or arrangements, the following:

   (a) To collect, compile and evaluate data in order to identify pollution
sources likely to cause transboundary impact;

   (b) To elaborate joint monitoring programmes concerning water quality
and quantity;

```

**`(c) To draw up`** **`inventories`** _**and**_ **`exchange information on the pollution`**
```
sources mentioned in paragraph 2 (a) of this article;

   (d) To elaborate emission limits for waste water and evaluate the
effectiveness of control programmes;

   (e) To elaborate joint water-quality objectives and criteria having
```

_**regard**_ **`to the provisions of article 3, paragraph 3 of this Convention, and to`**
```
propose relevant measures for maintaining and, where necessary, improving the
existing water quality;

   (f) To develop concerted action programmes for the reduction of
pollution loads from both point sources (e.g. municipal and industrial
sources) and diffuse sources (particularly from agriculture);

   (g) To establish warning and alarm procedures;

```

```
   (h) To serve as a forum for the exchange of information on existing and
```

`planned uses of water and related` `installations` `that` _are_ `likely to cause`
```
transboundary impact;

```

`(i) To promote cooperation` _and_ `exchange of information on the best`
```
available technology in accordance with the provisions of article 13 of this
Convention, as well as to encourage cooperation in scientific research

programmes;

   (j) To participate in the implementation of environmental impact
assessments relating to transboundary waters, in accordance with appropriate
international regulations.

3. In cases where a coastal State, being Party to this Convention, is
directly and significantly affected by transboundary impact, the Riparian
Parties can, if they all so agree, invite that coastal State to be involved in
an appropriate manner in the activities of multilateral joint bodies
established by Parties riparian to such transboundary waters.

4. Joint bodies according to this Convention shall invite joint bodies,
established by coastal States for the protection of the marine environment
directly affected by transboundary impact, to cooperate in order to harmonize
```

`their work and to prevent, control` _and_ `reduce the transboundary impact.`

```
5. Where two or more joint bodies exist in the same catchment area, they
shall endeavour to coordinate their activities in order to strengthen the
```

`prevention, control` _and_ `reduction of transboundary impact within that`
`catchment` _area._

```
                    Article 10

                    CONSULTATIONS

   Consultations shall be held between the Riparian Parties on the basis of
reciprocity, good faith and good-neighbourliness, at the request of any such
Party. Such consultations shall aim at. cooperation regarding the issues
covered by the provisions of this Convention. Any such consultations shall be
conducted through a joint body established under article 9 of this Convention,

where one exists.

                    Article 11

              JOINT MONITORING AND ASSESSMENT

1. In the framework of general cooperation mentioned in article 9 of this
Convention, or specific arrangements, the Riparian Parties shall establish and
implement joint programmes for monitoring the conditions of transboundary
waters, including floods and ice drifts, as well as transboundary impact.

2. The Riparian Parties shall agree upon pollution parameters and pollutants
whose discharges and concentration in transboundary waters shall be regularly

monitored.

3. The Riparian Parties shall, at regular intervals, carry out joint or
coordinated assessments of the conditions of transboundary waters and the
```

`effectiveness of measures taken for the prevention, control` _and_ `reduction of`
```
transboundary impact. The results of these assessments shall be made
available to the public in accordance with the provisions set out in

article 16 of this Convention.

                      _ 7 ...

```

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4. For these purposes, the Riparian Parties shall harmonize rules for the
setting up and operation of monitoring programmes, measurement systems,
devices, analytical techniques, data processing and evaluation procedures, and
methods for the registration of pollutants discharged.

                     Article12

              COMMON RESEARCH AND DEVELOPMENT

   In the framework of general cooperation mentioned in article 9 of this
Convention, or specific arrangements, the Riparjan Parties shall undertake
specific research and development activities in support of achieving and
maintaining the water- quality objectives and criteria which they have agreed
to set and adopt.

                     Article 13

         EXCHANGE OF INFORMATION BETWEEN RIPARIAN PARTIES

1. The Riparian Parties shall, within the framework of relevant agreements
or other arrangements according to article 9 of this Convention, exchange
reasonably available data, inter alia, on:

   (a) Environmental conditions of transboundary waters;

   (b) Experience gained in the application and operation of best available
technology and results of research and development;

   (c) Emission and monitoring data;

   (d) Measures taken and planned to be taken to prevent, control and

reduce transboundary impact;

   (e) Permits or regulations for waste-water discharges issued by the

competent authority or appropriate body.

2. Jn order to harmonize emission limits, the Riparian Parties shall
undertake the exchange of information on their national regulations.

3. If a Riparian Party is requested by another Riparian Party to provide
data or information that is not available, the former shall endeavour to

comply with the request but may condition its compliance upon the payment, by
the requesting Party, of reasonable charges for collecting and, where
appropriate, processing such data or information.

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

                     Article 14

                WARNING AND ALARM SYS1EMS

   The Riparian Parties shall without delay inform each other about any
critical situation that may have transboundary impact. The Riparian Parties

                       8 
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##### **©**

```
shall set up, where appropriate, and operate coordinated or joint
```

`communication,` `warning` _and_ `alarm systems` `wiîh` `the aim of` `obtaining arid`
```
transmitting information. These systems shall operate on the basis of
compatible data transmission and treatment procedures and facilities to be
agreed upon by the Riparian Parties. The Riparian Parties shall inform each
other about competent authorities or points of contact designated for this

pur pose.

                    Article 15

                 MUTUAL ASSISTANCE

1. If a critical situation should arise, the Riparian Parties shall provide
mutual assistance upon request, following procedures to be established in
accordance with paragraph 2 of this article.

2. The Riparian Parties shall elaborate and agree upon procedures for mutual
assistance addressing, inter alia, the following issues:

   (a) The direction, control, coordination and supervision of assistance;

   (b) Local facilities and services to be rendered by the Party requesting
assistance, including, whore necessary, the facilitation of border-crossing
formalities;

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

   (d) Methods of reimbursing assistance services.

                   Article 16

                PUBLIC INFORMATION

```

_I_ `The Riparian Parties shall ensure that information on the conditions of`
```
transboundary waters, measures taken or planned to be taken to prevent,
```

`control` _&nd_ `reduce transboundary impact,` _and_ `the` `effectiveness` `of those`
```
measures, is made available to the public. For this purpose, the Riparian
Parties shall ensure that the following information is made available to the
public :

   (a) Water-quality objectives;

   (b) Permits issued and the conditions required to be met;

   (c) Results of water arid effluent sampling carried out for the purposes
of monitoring and assessment, as well as results of checking compliance with
the water-quality objectives or the permit conditions.

2. The Riparian Parties shall ensure that this information shall be available
to the public at all reasonable times for inspection free of charge, arid shall
provide members of the public with reasonable facilities for obtaining from
the Riparian Parties, on payment of reasonable charges, copies of such
information.

```

```
                   PART III

            INSTITUTIONAL AND FINAL PROVISIONS

                   Ax.ticJ.e_ 17

                MEETING OF PARTIES

1. The first meeting of the Parties shall be convened no later than one year
after the date of the entry into force of this Convention. Thereafter,
ordinary meetings shall be held every three years, or at shorter intervals as
laid down in the rules of procedure. The Parties shall hold an extraordinary
meeting if they so decide in the course of an ordinary meeting or at the
written request of any Party, provided that, within six months of it being
communicated to all Parties, the said request is supported by at least one
third of the Parties.

2. At their meetings, the Parties shall keep under continuous review the
implementation of this Convention, and, with this purpose in mind, shall:

   (a) Review the policies for and methodological approaches to the
protection and use of transboundary waters of the Parties with a view to
further improving the protection and use of transboundary waters;

   (b) Exchange information regarding experience gained in concluding and
implementing bilateral and multilateral agreements or other arrangements
regarding the protection and use of transboundary waters to which one or more
of the Parties are party;

   (c) Seek, where appropriate, the services of relevant: ECE bodies as well
as other competent international bodies and specific committees in all aspects
pertinent to the achievement of the purposes of this Convention;

   (d) At their first meeting, consider and by consensus adopt rules of
procedure for their meetings;

   (e) Consider and adopt proposals for amendments to this Convention;

   (f) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Convention.

                   Article 18

                  RIGHT TO VOTE

1. Except as provided for in paragraph 2 of this article, each Party to this
Convention shall have one vote.

2. Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes equal to
the number of their member States which are Parties to this Convention. Such

organizations shall not exorcise their right to vote if their member States
exercise theirs, and vice versa.

                                     10

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**é**

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                          Article 1?

                          SECRETARIAT

         The Executive Secretary of the Economie Commission for Europe shall carry
     out. the following secretariat functions:

        (a) The convening and preparing of meetings of the Parties;

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

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

     Parties.

                         Article 20

                          ANNEXES

        Annexes to this Convention shall constitute an integral part thereof.

                         Artiç^le_21

```

_Ç_ `AMENDMENTS` `TO THE` `CONVENTION`

```
     1. Any Party may propose amendments to this Convention.

     2. Proposals for amendments to this Convention shall be considered at a
     meeting of the Parties.

     3. The text of any proposed amendment to this Convention shall be submitted
     in writing to the Executive Secretary of the Economic Commission for Europe,
     who shall communicate it to all Parties at least ninety days before the
     meeting at which it is proposed for adoption.

     4. An amendment to the present Convention shall be adopted by consensus of
     the representatives of the Parties to this Convention present at a meeting of
     the Parties, and shall enter into force for the Parties to the Convention
     which have accepted it on the ninetieth day after the date on which two thirds
     of those Parties have deposited with the Depositary their instruments of
     acceptance of the amendment. The amendment shall enter into force for any
     other Party or) the ninetieth day after the date on which that Party deposits
```

_\j_ `its` `instrument` `of` `acceptance` `of the` `amendment.`

`Article` _22_

```
                      SETTLEMENT OF DISPUTES

     1. If a dispute arises between two or more Parties about the interpretation
     or application of this Convention, they shall seek a solution by negotiation
     or by any other means of dispute settlement acceptable to the parties to the
     d i s pu te .

     2. When signing, ratifying, accepting, approving or acceding to this
     Convention, or at any time thereafter, a Party may declare in writing to the
     Depositary that, for a dispute not resolved in accordance with paragraph 1 of

                        - 11 
```

```
this article, il accepts one or- both of the following moans of dispute
settlement as compulsory in relation to any Party accepting the same
obligation:

   (a) Submission of the dispute to the International Court of Justice;

```

`(b) Arbitration in accordance with tho procedure` `sot` `out` _in annex_ `IV.`

```
3. If the parties to the dispute have accepted both means of dispute
settlement referred to in paragraph 2 of this article, the dispute may be
submitted only to the International Court of Justice, unless the parties agree
otherwise.

                   Article 23

                   SIGNATURE

   This Convention shall be open for signature at. Helsinki from 17 to
18 March 1992 inclusive, and thereafter at United Nations Headquarters in
New York until 18 September 1992 by States members of the Economic Commission
for Europe as well as States having consultative status with the Economic
Commission for Europe pursuant to paragraph 8 of Economic and Social Council
resolution 36 (IV) of 28 March 1947, and by regional economic integration
organizations constituted by sovereign States members of the Economic
Commission for Europe to which their member States have transferred competence
over matters governed by this Convention, including the competence to enter
into treaties in respect of these matters.

                   Article 24

                   DEPOSITARY

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

                   Article 25

        RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. This Convention shall be subject to ratification, acceptance or approval
by signatory States and regional economic integration organizations.

2. This Convention shall be open for accession by the States and
organizations referred to in article 23.

3. Any organization referred to in article 23 which becomes a Party to this
Convention without any of its member States being a Party shall be bound by
all the obligations under this Convention. In the case of such organizations,
one or more of whose member States is a Party to this Convention, the
organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under this
Convention. In such cases, the organization arid the member States shall not.
bo entitled to exercise rights under this Convention concurrently.

4. In their instruments of ratification, acceptance, approval or accession,
the regional economic integration organizations referred to in article 23
shall declare the extent of their competence with respect, to the matters
governed by this Convention. These organizations shall also inform the
Depositary of any substantial modification to the extent of their competence.

                     12

```

#### **©**

```
                    Article26

                   ENTRY INTO FORCE

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

2. For the purposes of paragraph 1 of this article, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by States members of such an organization.

3. For each State or organization referred to in article 23 which ratifies,
accepts or approves this Convention or accedes thereto after the deposit of
the sixteenth instrument of ratification, acceptance, approval or accession,
the Convention shall enter into force on the ninetieth day after the date of
deposit by such State or organization of its instrument of ratification,
acceptance, approval or accession.

                    Article 27

                    WITHDRAWAL

   At any time after three years from the date on which this Convention has
come into force with respect to a Party, that Party may withdraw from the
Convention by giving written notification to the Depositary. Any such
withdrawal shall take effect on the ninetieth day after the date of its
receipt by the Depositary.

                    Article 28

                   AUTHENTIC TEXTS

   The original of this Convention, of which the English, French and Russian
```

**`texts`** _**are**_ **`equally authentic, shall be deposited with the Secretary-General of`**

```
the United Nations.

   IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have
signed this Convention.

   DONE at Helsinki, this seventeenth day of March one thousand nine hundred
```

_**and**_ **`ninety-two.`**

```
                      - 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.

                     14

```

**4**

**C**

```
                   ANNEX II

       GUIDELINES FOR DEVELOPING BEST ENVIRONMENTAL PRACTICES

1. In selecting for individual cases the most appropriate combination of
measures which may constitute the best environmental practice, the following
graduated range of measures should be considered:

   (a) Provision of information and education to the public and to users
about the environmental consequences of the choice of particular activities
and products, their use and ultimate disposal;

   (b) The development and application of codes of good environmental
practice which cover all aspects of the product's life;

   (c) Labels informing users of environmental risks related to a product,
its use and ultimate disposal;

   (d) Collection and disposal systems available to the public;

   (e) Recycling, recovery and reuse;

   (f) Application of economic instruments to activities, products or
groups of products;

   (g) A system of licensing, which involves a range of restrictions or a
ban.

2. In determining what combination of measures constitute best, environmental
practices, in general or in individual cases, particular consideration should
be given to:

   (a) The environmental hazard of:

      (i) The product;
      (ii) The product's production;
      (iii) The product's use;
      (iv) The product's ultimate disposal;

   (b) Substitution by less polluting processes or substances;

   (c) Scale of use;

   (d) Potential environmental benefit or penalty of substitute materials
or activities;

   (e) Advances and changes in scientific knowledge and understanding;

   (f) Time limits for implementation;

```

`(g) Social` _and_ `economic,` `implications.`

```
3. It therefore follows that best environmental practices for a particular
source will change with time in the light of technological advances, economic
and social factors, as well as in the light of changes in scientific knowledge
```

_and_ `understanding.`

```
                    - 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` _I_ `A`

```
   Waterquality objectives and criteria shall:

   (a) Take into account the aim of maintaining and, where necessary,

improving the existing water quality;

   (b) Aim at the reduction of average pollution loads (in particular
hazardous substances) to a certain degree within a certain period of time;

   (c) Take into account specific water quality requirements (raw water for
drinking-water purposes, irrigation, etc.);

   (d) Take into account specific requirements regarding sensitive and
specially protected waters and their environment, e.g. lakes and groundwater

resources;

   (e) Be based or) the application of ecological classification methods and
chemical indices for the medium- and long-term review of water-quality
maintenance and improvement;

```

`(f) Take into account the degree to which objectives` _are_ `reached and the`
```
additional protective measures, based on emission limits, which may be
required in individual cases.

                     16 
```

**C**

```
                   ANNEX IV

                  ARBITRATION

1. In the event of a dispute being submitted for arbitration pursuant to
article 22, paragraph 2 of this Convention, a party or parties shall notify
```

`the secretariat of the subject matter` _of_ `arbritration and indicate, in`
```
particular, the articles of this Convention whose interpretation or
application is at issue. The secretariat shall forward the information
received to all Parties to this Convention.

2. The arbitral tribunal shall consist of throe members. Both tho claimant

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

3. If the president of the arbitral tribunal has not been designated within
two months of the appointment of the second arbitrator, the Executive
Secretary of the Economic Commission for Europe shall, at the request of
either party to the dispute, designate tho president within a further
two-month period.

```

`4.` _If_ `one of the parties to the dispute does not` `appoint` `an arbitrator`
```
within two months of the receipt of the request, the other party may so inform
the Executive Secretary of the Economic Commission for Europe, who shall
designate the president of the arbitral tribunal within a further two-month
period. Upon designation, the president of the arbitral tribunal shall
request the party which has not appointed an arbitrator to do so within two
months. If it fails to do so within that period, the president shall so
inform the Executive Secretary of the Economic Commission for Europe, who
shall make this appointment within a further two-month period.

5. The arbitral tribunal shall render its decision in accordance with
international law and the provisions of this Convention.

6. Any arbitral tribunal constituted under tho provisions set out in this
annex shall draw up its own rules of procedure.

7. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.

8. The tribunal may take all appropriate measures to establish the facts.

9. The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using all means at their disposal, shall:

   (a) Provide it with all relevant documents, facilities and information;

   (b) Enable it, where necessary, to call witnesses or experts and receive
their evidence.

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

16. The arbitral tribunal shall render its award within five months of the

date on which it is established, unless it finds it necessary to extend the

time limit for a period which should not exceed five months.

17. The award of the arbitral tribunal shall be accompanied by a statement of
reasons. It shall be final and binding upon all parties to the dispute. The
award will be transmitted by the arbitral tribunal to the parties to the
dispute and to the secretariat. The secretariat will forward the information

received to all Parties to this Convention.

18. Any dispute which may arise between the parties concerning the
interpretation or execution of the award may be submitted by either party to
the arbitral tribunal which made the award or, if the latter cannot be seized
thereof, to another tribunal constituted for this purpose in the same manner

as the first.

```

**«**

```
                     18

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```
                    ANNEX I I

Declaration of the European Economic Community pursuant to Article 25(4) of
the Convention on the protection and use of transboundary watercourses and

international lalces

Having regard to Article 25(4) of the Convention on the protection and use
of transboundary watercourses and international lakes concerning the extent
of competence.

In accordance with the EEC Treaty and taking into account existing
Community legislation in the field covered by the Convention, the Community
already has international competence in this field which it shares with the
Member States as regards matters which are covered by the Convention on the
protection and use of transboundary watercourses and international lakes
but are not yet covered by Community legislation. However, it is the
Community's responsibility to exercise its competence, if necessary, by
adopting other provisions in the field.

The Community is therefore competent, within the abovementioned limits, to
enter into commitments vis-à-vis third countries which are Contracting
Parties to the Convention on the protection and use of transboundary

watercourses and international lakes.

                   IS ~

```

**ISSN 0254-1475**

###### **COM(93) 271 final**

## **DOCUMENTS**

##### **EN 14** **Catalogue number : CB-CO-93-301-EN-C** **ISBN 92-77-56693-0**

**Office for Official Publications of** **the** **European Communities**

**L-2985** **Luxembourg**

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