Source: EURLEX
Language: en
Format: md

```
COMMISSION OF THE EUROPEAN COMMUNITIES

                          C0MC94) 199 final
                          Brussels, 30.05.1994

                  Proposal for a

                 COUNCIL DECISION

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**on the signature of the Convention**

**on** **cooperation for** **the** **proteotion**

**and sustainable use of the** **Danube**

(presented by the Commission)

### **^L°\**

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           Explanatory memorandum

1. The Danube is one of Europe's longest rivers, crossing
a number of countries on its 2 800 km journey.

   The Danube basin, which covers an area of over
800 000 km [2], provides drinking water for some 80 million
people. It Is also used for irrigation/industry, energy,
transport and recreational purposes.

2. An Agreement on cooperation on management of water
resources in the Danube basin between the Federal Republic
of Germany and the Community on the one hand and the
Republic of Austria on the other was signed in Regensburg on
1 December 1987 and ratified on 22 March 1990 (Decision
90/160/EEC). [1 ]

3. This proposal for a Council Decision concerns the
signature of the Convention on cooperation for the
protection and sustainable use of the Danube (short form:
Convention on the protection of the Danube), which falls
within the framework of the Convention on the protection and
use of transboundary watercourses and international lakes
negotiated in the United Nations Economic Commission for
Europe and signed in Helsinki on 18 tfarch 1992. A proposal
for a Decision on the conclusion of the Convention on 2 behalf
of the Community was put to the Council in June 1993.

4. The essential purpose of this Convention on the
protection of the Danube is to provide a framework for
bilateral or multilateral cooperation to protect the aquatic
environment, prevent and control pollution in the Danube and
ensure sustainable use of the water resources of the
riparian countries.

                                          1 OJ L 90. 5.4.1990.

                                              0CM(93)271 finol.

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##### **_-&\o_**

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5. . The fields of application of the Convention fall at
least in part within areas in whioh the Community has
competence In matters of water legislation, which is
particularly copious, both in terms of Directives and in
terms of Conventions and Agreements relating to certain
European ^rivers to which the Community is a Contracting
Party.

6. At its 1 598th meeting on 13 and 14 July 1992 the
Council gave the Commission a negotiating mandate to take
part, on behalf of the Community, in the work to conclude a
Convention on the protection of the Danube.

7. From the very outset, the Commission participated in
the work of the working party responsible for preparing the
draft Convention and played an important part in the
negotiations, particularly on the basis of the existing
Community legislation on water and using its experience of
specific Conventions which have already been signed (Rhine,
Elbe, Transboundary watercourses and international lakes) or
which are being prepared for other European rivers (Oder,
Danube).

8. The Convention will be open for signature in Sofia on
29 June 1994.

9. The Council is therefore requested to authorize the
President to designate the person(s) empowered to sign this
Convention on behalf of the Community.

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## **-4-e**

```
        PROPOSAL FOR A COUNCIL DECISION
       on the signature of the Convention
        on cooperation for the protection
        and sustainable use of the Danube

THE COUNCIL OF THE EUROPEAN OTIOH,

Having regard to the Treaty establishing the European
Community,

Having regard to the proposal from the Commission of the
European Communities,

Whereas the Commission, on behalf of the Community, took
part within the framework of the working party in the
negotiations on the preparation of a Convention on
cooperation for the protection and sustainable use of the
Danube;

Whereas the fields of application of the Convention fall at
least in part within areas in which the Community has
competence;

Whereas the Commission informed the Council of the result of
the negotiations in order that it might adopt a definitive
position;

Whereas the Convention will be open for signature at the
conference to be held in Sofia on 29 June 1994 ;

Whereas it is important that, subject to subsequent
conclusion, the Convention may be signed by the Community,

HAS DECIDED AS FOLLOWS:

The President of the Council is hereby authorized to
designate the person(s) empowered to sign, on behalf of the
Community, subject to subsequent conclusion, the Convention
on cooperation for the protection and sustainable use of the
Danube and to confer on him (them) the powers necessary to
this effect.

                      Done at Brussels

                      For the Council

                      The President

```

#### **~û- d**

**D R A F T**

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    CONVENTION ON COOPERATION

FOR THE PROTECTION AND SUSTAINABLE USE

      OF THE DANUBE RIVER

 (Danube River Protection Convention)

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**DDCWM.** **F i n a l**

**(H<3UcU** _**\<\<Ut)**_

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CONTENTS PAGE

Table of contents

Preamble

Part I: General Provisions

Article 1: Definitions

Article 2: Objectives and principles of cooperation

Article 3 : Scope

Article 4: Forms of Cooperation

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 Part II; Multilateral Cooperation

Article 5: Prevention, control and reduction
        of transboundary impact

Article 6: Specific water resources protection measures

Article 7: Emission limitation; water quality
        objectives and criteria

 Article 8: Emission inventories, action

        programmes and progress reviews

 Article 9: Monitoring programmes

 Article 10: Obligations of reporting

 Article 11: Consultations

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**RA/ Kit** **675**

**10**

**10**

**11**

**12**

**14**

**14**

**16**

**17**

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Article 12:

Article 13:

Article 14:

Article 15:

Article 16:

Article 17:

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            - 2

Exchange of information

Protection of information supplied

Information to the Public

Research and development

Communication, warning and alarm

systems, emergency plans

Mutual assistance

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Part III: International Commission

Article 18: Establishment, tasks and

          competences

Article 19: Transition concerning the

          Bucharest-Declaration

Part IV: Procedural and final clauses

Article 20: Validity of the Annexes

Article 21: Existing and supplementary

          Agreements

Article 22: Conference of the Parties

Article 23 : Amendments to the Convention

Article 24: Settlement of disputes

Article 25: Signature

Article 26: Ratification, acceptance or approval

Article 27: Entry into force

 Article 28: Accession, participation

Article 29: Withdrawal

Article 30: Functions of the depositary

 Article 31: Authentic texts, depositary

RA/ Kit 675

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PAGE

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Annex I:

 /Part 1:

 /Part 2:

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Best available techniques

Best environmental practice

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Annex II: Industrial sectors and

         hazardous substances

 /Part 1: list of industrial

         sectors and industries

 /Part 2: guiding list of hazardous substances

         and groups of substances

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PAGE

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       Annex III: General guidance on water quality

                objectives and criteria 39

       Annex IV: Statute of the International

             # Commission for the Protection

                of Danube River 40

       Annex V: Arbitration 46

       RA/ KM 675
(2)

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                       - 4 
PfttjuwK] *»

The Contracting Parties,

Determined by the strong intention to intensify their water management coope
ration 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 measu
res to prevent, control and reduce significant adverse transboundary impact

from the release of hazardous substances and of nutrients into the aquatic en
vironment 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 pro
mote the cooperation, on bilateral and multilateral 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 trans
boundary watercourses 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 Sta
tes, as well as pointing to the Convention on the protection of the Black Sea

against pollution of 21 April 1992;

RA/ Kit 675

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                  - 5 
striving at a lasting improvement and protection of 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 contri
buting to the protection of the marine environment of the Black Sea;

Hftv» Affr?ed as follows:

PART I

                   GENERAL PROVISIONS

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**`Article`** _**I**_

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                  D E F I N I T I O N S

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 part

   there is assumed a share exceeding 2000 km [3] 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 rive
    rine environment resulting from a change in the conditions of waters cau
    sed by human activity and stretching out beyond an area under the juris
    diction of a Contracting Party. Such changes may affect life and proper
    ty, safety of facilities and the aquatic ecosystems concerned.

 RA/ KM 675

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(d) "Hazardous substances" means substances which have toxic, cancerogenic,

   mutagenic, teratogenic or bioaccumulative effects, in particular those

   being persistent and having significant adverse impact on living orga
   nisms.

(e) "Substances hazardous to water" means substances the hazard potential of

   which to water resources is extraordinarily high so that their handling

   requires special preventive and protective measures;

(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

   wide spread over the catchment areas (non-point sources);

(g) "Water balance" means the relationship characterising 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 man-made effects originating from water use and influencing water

   quantity is included.

(h) "Connecting data" means summarised data derived from upstream water ba
   lances as far as being relevant as an input necessary for the elaboration

   of downstream water balances and of a general water balance for the Danu
   be River. To this extent connecting data cover the components of the wa
   ter balance for all significant transboundary waters within the catchment

   area of the Danube River. Connecting data refer to cross sections of

   transboundary waters where they mark, cross or are located on boundaries

   between the Contracting Parties.

                                       •

(i) "International Commission" means the organisation established by Article

   18 of this Convention.

RA/ Kit 675

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                    - 7

                   Article 2

               OBJECTIVES AND PRINCIPLES

                  OF COOPERATION

(1) The Contracting Parties shall strive at achieving the goals of a sustain
able and equitable water management, including thé 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 ef
forts 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 appropri
ate legal, administrative and technical measures, to at least maintain and im
prove the current environmental and water quality conditions of the Danube Ri
ver and of the waters in its catchment area and to prevent and reduce as far
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as possible adverse impacts and changes occurring or likely to be caused.

(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, harmonise and coor
dinate measures taken and planned to be taken at the domestic and internatio
nal 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, in
dustrial and agricultural purposes as well as the conservation and restaura
tion of ecosystems and to cover also other requirements ocurring 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.

RA/ Kit 675

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                      - 8 
(5) Water management cooperation shall be oriented on sustainable water mana
gement, 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;

   - avoid lasting environmental damage and protect ecosystems;

   - exercise preventive approach.

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

(7) Bach Contracting Party has the right to adopt and implement measures be
ing more stringent than those resulting from the provisions of this Conven
tion.

                    Article 3

                      SCOPE

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(1) This Convention applies to the catchment area of the Danube River as de
fined under Article 1, paragraph (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 sub
   stances both from point and non-point sources as well as heat discharge;

(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

   water courses, flood control and ice-hazards abatement, as. well as the

   effect of facilities situated in or aside the watercourse on its hydraulic

   regime;

RA/ Kit 675

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                       9 
(c) other planned activities and measures for the purposes of water use, such

  as water power utilization, water transfer and withdrawal;

(d) the operation of the existing hydrotechnical constructions e.g. reser
  voirs, water power plants; measures to prevent environmental impact inclu
  ding: 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 pre
  vention of accidents.

                                                i

(3) This Convention is applicable to issues of fishery and inland navigation

as far as problems of water protection against pollution caused by these acti
vities 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 regu
   lations and on measures in the field of water management; exchange of le
   gal documents and directives and of other publications; other forms for

   the exchange of information and experiences.

RA/ Kit 675

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_**?*v%**_ **TI;**

**10** **-**

**MULTILATERAL COOPERATION**

**Article 5**

```
PREVENTION, CONTROL AND REDUCTION

   OF TRANSBOUNDARY IMPACT

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(1) The Contracting Parties shall develop, adopt and implement relevant

legal, administrative and technical measures as well as provide for the

domestic preconditions and basis required in order to ensure efficient water

quality protection and sustainable water use and thereby also to prevent,

control and reduce transboundary 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 hazardous sub
   stances from non-point sources, especially for the application of nutri
   ents as well as of plant protection agents and pesticides in agriculture.

RA/ Kit 675

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      te) With the aim of harmonising these regulations at a high level of pro
         tection as well as for the harmonised implementation of corresponding

         measures the Contracting Parties shall take into account results and pro
         posals 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 preven
      tion 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 a long-term protection as well

         as protection zones valuable for existing or future drinking water supply
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         purposes;

      (b) prevent the pollution of ground-water 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;

      (c) minimise by preventive and control measures the risks of accidental pol
         lution;

      (d) take into account possible influences on the water quality resulting from

         planned activities and ongoing measures pursuant to Article 3 paragraph 2;

      (e) evaluate the importance of different biotope elements for the riverine eco
         logy and propose measures for improving the aquatic and litoral ecological

         conditions.

      RA/ Kit 675
(3)

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                     12 
                    Article 7

                 EMISSION LIMITATION;

            WATER QUALITY OBJECTIVES AND CRITERIA

(1) The Contracting Parties taking into account the proposals from the Interna
tional Commission shall set emission limits applicable to individual industrial

sectors or industries in terms of pollution loads and concentrations and based

in the best possible way on low- and non-waste technologies at source. Where ha
zardous substances are discharged, the emission limits shall be based on the

best available techniques for the abatement at source and/or for waste water pu
rification. For municipal waste water, emission limits shall be based on the ap
plication of at least biological or an equivalent level of treatment.

(2) Supplementary provisions for preventing or reducing the release of hazar
dous 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 und 2 Annex II to this Convention contains

a list of industrial sectors and industries as well as an additional list of ha
zardous 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 wa
ter quality objectives and apply water 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.

RA/ Kit 675

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                       13 
They shall ensure that:

(a) the domestic regulations for emission limitation and their level of stan
   dards imposed are harmonised 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 modernised industrial facilities, in particular where hazardous

   substances are involved, are oriented on the best available techniques

   and are implemented with high priority;

(d) more stringent provisions than the standards - in individual case even

   prohibition - are imposed, where the character of the receiving water and

   of its ecosystem so requires in connection with paragraph 4;

 (e) competent authorities surveille, that activities likely to cause trans
   boundary impacts are carried out in compliance with the permits and pro
   visions imposed;

 (f) environmental impact assessment in line with supranational and interna
   tional regulations or other procedures for evaluation and assessment of

   environmental effects are applied;

 (g) when planning, licencing and implementing activities and measures as re
    ferred to in Article 3, paragraph 2 and in Article 16, paragraph 2 the

   competent authorities take into account risks of accidents involving sub
   stances hazardous to water by imposing preventive measures and by orde
   ring rules of conduct for post accident response measures.

 RA/ Kit « 675

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                   - 14 
                   Article 8

           EMISSION INVENTORIES, ACTION PROGRAMMES

                AND PROGRESS REVIEWS

(1) The Contracting Parties shall undertake periodically inventories of the

relevant point and non-point sources of pollution within the catchment area of

Danube River including the prevention and abatement measures already taken for

the respective discharges as well as on the actual efficiency of these measu
res, taking duly into account Article 5, paragraph 2, subpara 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.

(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 Contrac
ting Parties taking'into account priorities set in terms of urgency and effi
ciency. These action programmes in particular shall be aimed at the reduction

of pollution loads and concentrations 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 boÇh, 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 co
operate in the field of monitoring and assessment.

RA/ Kit 675

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                   - 15 
(1) For this aim, they shall

   harmonise 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 monito
   ring and assessment activities;

   develop concerted or joint monitoring systems applying stationary or mo
   bile measurement devices, communication and data processing facilities;

   elaborate and implement joint programmes for monitoring the riverine con
   ditions in the Danube catchment area concerning both water quality and

   quantity, sediments and riverine ecosystems, as a basis for the assess
   ment of transboundary impacts such as transboundary pollution and changes

   of the riverine regimes as well as of water balances, floods and ice-ha
   zards;

      #

   develop joint or harmonised methods for monitoring and assessment of wa
   ste water discharges including processing, evaluation and documentation

   of data taking into account the branch-spec!fie approach of emission li
   mitation (Annex II, Part In
   elaborate inventories on relevant point sources including the pollutants

   discharged (emission inventories) and estimate the water pollution from

   non-point sources taking into account Annex II, Part 2; review these do
   cuments according to the actual state.

(2) In particular they shall agree upon monitoring points, river quality cha
racteristics and pollution parameters regularly to be evaluated for the Danube

River with a sufficient frequency taking into account the ecological and hy
drological character of the watercourse concerned as well as typical emissions

of pollutants discharged within the respective catchment area.

RA/ Kit 675

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                     - 16 
(3) The Contracting Parties shall establish, on the basis of a harmonised

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 harmonised methodology. On the same

data base water balances can also be compiled for the main tributaries of Da
nube River.

(4) They shall periodically assess the quality conditions of 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

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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 bi
   lateral and multilateral agreements and treaties regulating the pro
   tection 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 re
   gulations, regulating the protection and water management of the Danube

   River•and of waters within its catchment area or being relevant for que
   stions concerned;

RA/ KH 675

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                   - 17 
(d) communication, at the latest within an agreed delay after the Internatio
   nal commission has taken its decision, on the way, the timeframe and the

   financial expenses for implementing action-oriented decisions at the do
   mestic level, such as recommendations, programmes and measures;

(e) designation of competent institutions to be adressed 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 transboundary impacts.

                     Article 11

                    CONSULTATIONS

(1) Having had a prior exchange of information the Contracting Parties invol
ved shall at the request of one or several Contracting Parties concerned enter

into consultations on planned activities as referred to in Article 3, para
graph 2, which are likely to cause transboundary impacts, as far as this ex
change 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 con
sultations except the case, that they are not finalised one year after their

commencement at the latest.

                 EXCHANGE OF INFORMATION

(1) As determined by the International Commission the Contracting Parties

shall exchange reasonably available data, inter alia, on:

RA/ Kit 675

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                     - 18 
   (a) the general conditions of the riverine environment within the catch
      ment 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 redu
      ce transboundary impact;

   (e) Regulations for waste water discharges;

   (f) Accidents involving substances hazardous to water.

(2) In order to harmonise emission limits, the Contracting Parties shall un
dertake 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

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to comply with the request but may condition its compliance upon the payment,

by the requesting Party, of reasonable charges for collecting and, where ap
propriate, processing such data or information.

(4) For the purposes of the implementation of this Convention, the Contrac
ting Parties shall facilitate the exchange of best available techniques, par
ticularly through the promotion of: the commercial exchange of available tech
niques, direct industrial contacts and cooperation, including joint ventures;

the exchange of information and experience; and the provision of technical as
sistance. The Contracting Parties shall also undertake joint training program
mes and the organisation of relevant seminars and meetings.

(5) The provisions of this Convention shall not affect the rights or the ob
ligations of Contracting Parties in accordance with their domestic laws, regu
lations, administrative provisions or accepted legal practices and applicable

international regulations to protect information related to personal data, in
tellectual property including industrial and commercial secrecy, or national

security.

RA/ Kit 675

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                            19

      (6) If a Party nevertheless decides to supply such protected information to

     another Party, the Party receiving such protected information shall respect

      the confidentiality of the information received and the conditions under which

      it is supplied, and shall only use that information for the purposes for which

      it was supplied.

                          Article 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 transmitting Contracting Party about it without any delay and re
      transmit 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

      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.

       RA/ KH 675

'.••1)

```

```
                     20

(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 in
ternational regulations, to provide for a request for such information to be

refused where it affects:

(a) the- confidentiality of the proceedings of public authorities, internatio
  nal 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 procee
   dings ;

(d) commercial and Industrial confidentiality as well as intellectual proper
   ty;

(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 envi
   ronment 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 reque
sted must be given in writing.

RA/ KH 675

```

```
                     21

                     Article 15

                RESEARCH AND DEVELOPMENT

(1) To further the aims of this Convention, the Contracting Parties shall

establish complementary or joint programmes of scientific or technical re
search and, in accordance with a procedure to be regulated by the Internatio
nal 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 car
ried out or supported, in these fields, by the appropriate international orga
nisations and agencies.

                     Article 16

            COMMUNICATION, WARNING AND ALARM SYSTEMS,

                   EMERGENCY PLANS

(1) The Contracting Parties shall provide for coordinated or joint communica
tion, 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 harmonising domestic communica
tion, warning and alarm systems and emergency plans.

(2) The Contracting Parties shall in the framework of the International Com
mission inform each other about competent authorities or points of contact

designated for this purpose in case of emergency events such as accidental

pollution, other critical water conditions, floods and ice-hazards. Accor
dingly the competent authorities shall cooperate to establish joint emergency

plans, where necessary, supplementary to existing plans on the bilateral le
vel.

RA/ Kh 675

```

```
                     - 22 
(3) If a competent authority identifies a sudden increase of hazardous sub
stances 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 Danube River and to affect downstream Danubian States this

authority shall immediately inform the contact points designated and the In
ternational Commission according to the way of procedure introduced by the

Commission.

(4) In order to control and reduce the risks originating from floods inclu
ding ice-hazards, the competent authorities shall immediately inform the down
stream Danubian States likely to be affected and the International Commission

on the occurrence and run-off of floods as well as on forecasts of ice
hazards .

                     Article 17

                   MUTUAL ASSISTANCE

(1) In the interest of enhanced cooperation and to facilitate compliance with

obligations of this Convention, in particular where a critical situation of

riverine conditions should arise. Contracting Parties shall provide mutual as
sistance upon the request of other Contracting Parties.

(2) The International Commission shall elaborate procedures for mutual assi
stance 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 re
   questing assistance, including, where necessary, the facilitation of bor
   der-crossing formalities;

(c) Arrangements for compensating the assisting Contracting Party and/or its

   personnel, as well as for transit through territories of third Contrac
   ting Parties, where necessary;

(d) Methods of reimbursing assistance services.

RA/ KH 675

```

```
Part III:

```

```
    - 23

INTERNATIONAL COMMISSION

    Article 18

   ESTABLISHMENT,

 TASKS AND COMPETENCES

```

```
(1) With a view to implementing the objectives and provisions of this Conven
tion the International Commission for the Protection of the Danube River, re
ferred to in this Convention as International Commission, shall be' establish
ed. The Contracting Parties shall cooperate in the framework of the Interna
tional Commission. For implementing the obligations of the Contracting Parties

pursuant to Articles 1 to 18 the International Commission elaborates proposals

and recommendations adressed to the Contracting Parties.

(2) The structure and the procedures of the International 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 explicitely entrusted 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.

(4) The implementation of decisions taken by the International Commission is

supported through the obligations of the Contracting Parties for reporting to

the Commission pursuant to Article 10 as well as through the provisions of

this Convention concerning the domestic basis and implementation of the multi
lateral cooperation.

 (5) The International Commission reviews experience acquired implementing

this Convention and as appropriate submits proposals to the Contracting Par
ties concerning amendments or additions to this Convention or prepares the ba
sis for elaborating further regulations on the protection and water management

of the Danube River and of waters within its catchment area.

RA/ KH 675

```

```
                   - 24

(6) The International Commission decides on the cooperation with internatio
nal and national Organizations or with other bodies, which are engaged or in
terested 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.

                   Article 19

                TRANSITION CONCERNING

               THE BUCHAREST-DECLARATION

Works as performed by the Contracting Parties in the framework of the Declara
tion on the cooperation of the Danubian Countries on problems of the Danubian

water management, in particular for the protection of the Danube River against

pollution, signed on 13 of December 1985 (Bucharest-Declaration), by the wor
king groups on water quality, flood information and forecast and water balance

are transferred to the framework of this Convention.

Part IV

              PROCEDURAL AND FINAL CLAUSES

                   Article 20

               VALIDITY OF THE ANNEXES

Subject to Article 23, the Annexes I to V form integral parts of this Conven
tion.

RA/ KH 675

```

```
                        - 25 - •

                   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 Conven
tion, and shall enter into supplementary agreements or other arrangements whe
re appropriate.

                   Article 22

               CONFERENCE OF THE PARTIES

(1) The Contracting Parties shall meet upon recommendation by the Interna
tional Commission.

(2) At such meetings the Contracting Parties shall in particular review po
licy issues concerning the implementation of this Convention upon the report

of the International Commission and shall adopt appropriate recommendations or
```

_**0**_

```
decisions.

(3) The Contracting Party whose head of delegation acts as President of the

International Commission shall also play the part of 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 provi
ded 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.

RA/ KH 675

```

```
                    - 25 a 
(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 no
   tification may bo withdrawn at any time; the withdrawal shall become ef
   fectives upon receipt by the Executive Secretary. Such a decision shall

   become binding on any other Contracting Party which has notified the Exe
   cutive 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, which
   ever is later.

/gx If, however, the recommendation or decision would have financial

   implications, the recommendation or decision shall be adopted only by conson*

   sus.

```

```
                   - 26 
                   ArtjçXe 33

              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 Confe
rence 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 propo
sal 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 Par
ties requires consensus.
```

_**0**_

```
(4) The adopted amendment shall be submitted by the Depositary Government to

the Contracting Parties for ratification, acceptance or approval. Ratificati
on, acceptance or approval of the amendment shall be notified to the Deposita
ry 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 ratification, 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 thir
tieth day after that Contracting Party has deposited its instrument of ratifi
cation, acceptance or approval of the amendment.

 (6) The Annexes I, II and III may be amended by the International Commission

in accordance with Article 5 of its Statute.

 RA/ KM 675

```

```
                     - 27

                   Article 24

                 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.

(2)

(a) If the parties to the dispute are not able to settle the dispute in ac
    cordance with paragraph 1 of this Article within a reasonable time but

    not more than twelve 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:

       - the International Court of Justice;

       - arbitration in accordance with Annex V to this Convention.

(b) When ratifying, accepting, approving or acceding to this Convention or at

    any time thereafter a Contracting Party may declare in writing to the De
    positary that, for a dispute not resolved in accordance with paragraph 1

    of this Article, it accepts one or both means of dispute settlement re
    ferred to in subpara (a) of this paragraph.

(c) If the parties to the dispute have accepted both means of dispute sett
    lement referred to in subpara (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 dispu
    te settlement referred to in subpara (a) of this paragraph, the dispute

    shall be submitted to the arbitration.

RA/ KM 67S

```

```
                   - 28

(e) A Contracting Party which has not made a declaration in accordance with

   subpara (b) of this paragraph or whose declaration is no longer in force

   is considered to have accepted the arbitration.

                   Article 25

                   SIGNATURE

This Convention shall be open for signature by the Danubian States fully en
titled to the rights and privileges of membership in the United Nations accor
ding to the UN Charter as well as by the European Community and any other re
gional economic integration organisation, to which such States as their mem
bers have transferred competence over matters governed by this Convention at

Sofia on June 1994 •

                   Article 26

```

**RATIFICATION, ACCEPTANCE OR APPROVAL**
_**0**_

```
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.

                    Article 37

                 ENTRY INTO FORCE

This Convention shall enter into force on the ninetieth day following the date

of deposit of the nineth instrument of ratification, acceptance, approval or

accession. For each State or regional economic integration organisation rati
fying, accepting, approving or acceding to this Convention after the deposit

of the nineth instrument of ratification, acceptance, approval or accession,

this Convention shall enter into force on the ninetieth day after deposit by

such State or regional economic integration organisation of its instrument of

ratification, acceptance, approval or accession.

RA/ KM 675

```

```
                     - 29

                     Article 28

                ACCESSION, PARTICIPATION

(1) A State or regional economic integration organisation 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 organisation to accede to this Convention or to par
ticipate in it with a consultative status.

                     Article 29

                     WITHDRAWAL

At any time after five years from the date on which this Convention has come

into force #ith respect to a Party, that Party may withdraw from this Conven
tion by written notification to the Depositary. Any such withdrawal shall take

effect one year after the date of the receipt of the notification by the Depo
sitary.

                     Article 30

                FUNCTIONS OF THE DEPOSITARY

The Depositary Government shall perform the functions of Depositary of this

Convention, in particular, the Depositary shall inform the Contracting Par
ties:

(a) of the deposit of instruments of ratification, acceptance, approval or

   accession, of withdrawal or of any other informations, declarations and

   instruments as are provided for in this Convention;

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

RA/ KH 675

```

```
Article 31:

```

```
       30

AUTHENTIC TEXTS, DEPOSITARY

```

```
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 thereof the undersigned being duly authorised 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 the day of June 1994.

RA/ KM 675

```

```
     31

     Part 1

BEST AVAILABLE TECHNIQUES.

```

```
A N N E X

```

```
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 re
   cently been successfully tried out;

(b) technological advances and changes in scientific knowledge and under```

_**0**_
```
   standing;

(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.

3. It therefore follows that what is "best available techniques" for a parti
cular 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.

RA/ KH 675

```

```
                     32 
                    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 individual cases, particular consideration should be

given to:

  the precautionary principle;

  the environmental hazard of the product and its production, use and ulti
  mate disposal (principle of responsibility) ;

  the substitution by less polluting activities or substances and saving

  resources including energy (principle of minimising);

  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 advan
ces, 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 environmentally acceptable results, additional mea
sures have to be applied and best environmental practice redefined.

RA/ KM 675

```

```
                     33

                 INDUSTRIAL SECTORS AND

                  HAZARDOUS SUBSTANCES

Part li List of industrial sectors and industries:

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

```

```
A N N E X II

```

```
   (a) Treatment of flue gases and exhaust air, slags, condensates from combu
      stion 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.

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, burnishing plants, hot galvanising plants,

      hardening shops, printed circuit board manufacture, battery manufactu
      re, 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.

RA/ KH 675

```

```
                     - 34 
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

(b

(c

(d

(e

(f

(g

(h

(i

(j

(k

(1

```

```
Manufacture of basic chemicals;

Manufacture of dyes, pigments, paints;

Manufacture and processing of man-made fibres;

Manufacture and processing of plastics, rubber, caoutchouc;

Manufacture of organic halogen compounds;

Manufacture of organic explosives, solid fuels;

Manufacture of auxiliaries for leather, papermaking and textile production;

Manufacture of pharmaceuticals;

Manufacture of biocide products;

Manufacture of raw materials for washing and cleaning agents;

Manufacture of cosmetics;

Manufacture of gelatins, hide glue, adhesives'.

```

```
RA/ KH 675

```

```
                     - 35 
6. In the mineral oil and synthetic oils sectors:

   (a) Mineral-oil processing, manufacture and refining of mineral oil pro
     ducts, manufacture of hydrocarbons;

   (b) Recovery of oil from oil-in-water mixtures, demulsification plants,

     recovery and treatment of waste oil;

   (c) Manufacture of synthetic oils.

7. In the printing plant, reproshop, surface treatment and plastic-sheet manu
   facturing sectors, as well as other forms of processing resins and pla
   stics:

   (a) Manufacture of printed 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.

```

_**0**_

```
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 manufacturé,

      fur finishing;

   (c) Dry cleaning, laundries, polishing cloth washings, woolen material

      washings.

RA/ KH 675

```

```
                     - 36 
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;

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

RA/ KM 675

```

```
                       37 
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, in
         secticides, 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 envi
        ronment

      (g) inorganic nitrogen and phosphorus compounds

      (h) radioactive substances, including wastes.

      B. Single hazardous substances
```

_**0**_

```
     As there are considerable differences as to the hazardous character of

      the substances contained in certain groups it is necessary also to em
     phasize some single substances, which in practice can play a priority

      role.

 Substances CAS-number

 1. Mercury 7439976

 2. Cadmium 7440439

 3. Copper 7440508

 4. Zinc n.a.

 5. Lead 7439921

 6. Arsenic 7440382

 7. Chromium n.a.

 8. Nickel 7440020

RA/ KH 675

```

```
                       38

Substances CAS-number

```

```
 9. Boron

 10. Cobalt

 11. Selenium

 12. Silver

 13. Drins

 14. HCH

 15. DDT

 16. Pentachlorophenol

 17. Hexachlorobenzene

 18. Hexachlorobutadlene

 19. Carbontetrachloride

 2 0. Chloro form

 21. Trifluralin

 22. Endosulfan

 23. Simazine

 24. Atrazine

 25. Tributyltin-compounds

 2 6. Triphenyltin-compounds

 27. Azinphos-ethyl

 28. Azinphos-methyl

 29. Fenitrothion

 30. Fenthion

 31. Malathion

 32. Parathion

 33. Parathion-methyl

 34. Dichlorvos

 3 5. Trichloroethylene

 3 6. Tetrachloroethylene

 37. Trichlorbenzene

 38. Dichloroethane 1,2

 39. Trichloroethane

 40. Dioxins

RA/ KH 675

```

```
  n.a.

  n.a.

7782492

  n.a.

 608731

 50293

 87865

 118741

 87683

 56235

 67663

1582098

 115297

 122349

1912249

2642719

 86500

 122145

 55389

 121755

 56382

 298000

 62737

 79016

 127184

 107062

 71556

  n.a.

```

```
        - 39

GENERAL GUIDANCE ON WATER QUALITY

  OBJECTIVES AND CRITERIA *)

```

```
A N N E X III

```

```
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, impro
   ving 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, irrigation, 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 che
   mical indices for the medium- and long-term review of water quality main
   tenance and improvement;

(f) Take into account the degree to which objectives are reached and additio
   nal protective measures may be required in individual cases.

 ) Water quality objectives and critera as a rule are individually developed

   and in particular adjusted to the prevailing conditions as to the ecosy
   stems, the water resources and their utilization. Therefore in the frame
   work of this Convention only general guidelines are adressed to the Con
   tracting Parties.

RA/ KM 675

```

```
         - 40 
STATUTE OF THE INTERNATIONAL COMMISSION

  FOR THE PROTECTION OF DANUBE RIVER

```

```
A N N E X TV

```

```
Structures and procedures of the International Commission supplementary to

Article 18 shall be established as follows:

Article 1: Composition

(1) The International Commission consists of delegations nominated by the

   Contracting Parties. Bach Contracting Party nominates five delegates at

   the utmost including the head of delegation and his deputy.

(2) In add^ion each delegation may take the number of experts necessary for

   dealing with special questions, whose names are communicated to the Se
   cretariat of the International Commission.

Article 2: Presidency

(1) The Chair of the International Commission is held by the Contracting Par
   ties in turn by alphabetical order (in English) for one year. The delega
   tion looking after the Chair nominates one of its members to become Pre
   sident of the International Commission.

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

 (3) Further details concerning the Presidency are determined by the Interna
   tional Commission and included in its Rules of Procedure.

RA/ KM 675

```

```
                     41

Article 3: Meetings

(1) The International Commission convenes at least once a year on invitation

   of the President at a place to be determined by him an ordinary meeting.

(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 Eu
   ropean Community, within the areas of its competence, is entitled to a

   number of votes equal to the number of its Member States which are Con
   tracting 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.

RA/ KH 675

```

```
                       42 
Article 5: Adopting Decisions

(1) Decisions and recommendations shall be adopted by consensus of the dele
   gations to the International Commission. Should consensus not* be attain
   able, 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 Commission shall in this case adopt deci
   sions or recommendations by a four-fifths majority vote of the delegati
   ons present and voting.

(2) 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 no
   tification may be withdrawn at any time; the withdrawal shall become ef
   fective upon receipt by the Executive Secretary. Such a decision shall

   become binding on any other Contracting Party which has notified the Exe
   cutive 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, which
   ever 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.

 RA/ KH 675

```

```
                     - 43

(3) The Standing Working Group is attended by delegates from all Contracting

   Parties. The International Commission nominates its Chairman and determi
   nes 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 personal as may be ne
   cessary. The Commission shall determine the duties of the Executive Se
   cretary'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 Inter
   national 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 Regulations.

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 par
ticularly qualified persons, scientific institutions or other facilities.

RA/ KH 675

```

```
                     - 44 
Article 9: Reports

The International Commission submits to the Contracting Parties an annual report

on its activities as well as further reports as required, which in particular

also include the results of monitoring and assessment.

Article 10: Legal capacity and representation

(1) The International Commission shall have such legal capacity as may be ne
   cessary for the exercise of its functions and the fulfillment of its purpo
   ses in accordance with the law applicable at the headquarters of its Secre
   tariat.

(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 ex
   penditures 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 admini-`**

```
   strative costs to the budget.

RA/ KH 675

```

```
                     - 45 
(5) Bach 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.

RA/ KH 675

```

```
 - 46 
ARBITRATION

```

```
A W W g X 2

```

```
(1) The procedure of the arbitration referred to in Article 24 of this Con
```

**`vention 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 paragraph 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.

    (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 Conven
    tion the interpretation or application of which, in its opinion, is in

    dispute. The claimant as well as the défendent 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 appoin
    ted shall designate by common agreement within two months the third ar
    bitrator 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 em
    ployed 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 designa
    te the chairman of the arbitral tribunal within a further two months'

RA/ KM 675

```

```
                     - 47

   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 Pre
    sident 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 inter
   national law and, in particular, those of this Convention.

    (b) Any arbitral tribunal constituted under the provisions of this An
   nex shall draw up its own rules of procedure.

```

_**0**_

```
    (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 arbi
    tral 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 pre
    scribe 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 establishing the facts

    and take them into account as far as possible.

RA/ KM 675

```

```
                     - 48 
   (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 im
   pediment to the proceedings.

(7) Unless the arbitral tribunal determines otherwise because of the parti
   cular 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 sub
    ject matter of the dispute which may be affected by the decision in the

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

    The award of the arbitral tribunal shall become binding on the interve
    ning Party in the same way as for the parties to the dispute.

(10) (a) The award of the arbitral tribunal shall be accompanied by a state
    ment 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 Commis
    sion will forward the information received to all parties to this Con
    vention.

    (b) Any dispute which may arise between the parties concerning the in
    terpretation 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.

RA/ KH 675

```

**ISSN 0254-1475**

###### COM (94) 199 final

# **DOCUMENTS**

###### EN 14 Catalogue number : CB-CO-94-214-EN-C ISBN 92-77-68971-4

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

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