CELEX: 51994PC0199
Language: en
Date: 1994-05-30
Title: Proposal for a COUNCIL DECISION on the signature of the Convention on cooperation for the protection and sustainable use of the Danube

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0MC94) 199 final
                                            Brussels, 30.05.1994
                             Proposal for a
                          COUNCIL DECISION
          on the signature of the Convention
           on cooperation for the proteotion
          and sustainable use of the Danube
              ( p r e s e n t e d by the Commission)
 ---pagebreak---                              ^L°\
                   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 km2, 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 on2behalf
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.
 ---pagebreak---                             -&\o
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.
 ---pagebreak---                               -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
 ---pagebreak---                                        ~û- d
                                                                DDCWM. Final
                                                                (H<3UcU \<\<Ut)
                                       D R A F T
                              CONVENTION ON COOPERATION
                       FOR THE  PROTECTION AND SUSTAINABLE USE
                                  OF THE DANUBE RIVER
                         (Danube River Protection Convention)
 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
 Part II;       Multilateral Cooperation                        10
 Article    5:  Prevention, control and reduction               10
                of transboundary impact
 Article    6:  Specific water resources protection measures    11
 Article    7:  Emission limitation; water quality              12
                objectives and criteria
 Article    8:  Emission inventories, action                     14
                programmes and progress reviews
                                                                 14
 Article    9:  Monitoring programmes
                                                                 16
 Article 10: Obligations of reporting
                                                                 17
 Article 11: Consultations
RA/ Kit 675
 ---pagebreak---                                    -  2
                                                    PAGE
Article 12:    Exchange of information               17
Article 13:    Protection of information supplied    19
 Article 14:   Information to the Public             19
 Article 15:   Research and development              21
 Article 16:   Communication, warning and alarm      21
               systems, emergency plans
 Article 17:   Mutual assistance                     22
 Part    III:  International Commission              23
 Article 18:   Establishment, tasks and              23
               competences
 Article 19:   Transition concerning the             24
               Bucharest-Declaration
 Part      IV: Procedural and final clauses          24
 Article 20:   Validity of the Annexes               24
 Article 21:   Existing and supplementary            25
               Agreements
 Article 22:   Conference of the Parties             25
 Article 23 :  Amendments to the Convention          26
 Article 24:   Settlement of disputes                27
 Article 25:    Signature                             28
 Article 26:   Ratification, acceptance or approval   28
 Article 27:   Entry into force                       28
 Article 28:   Accession, participation               29
 Article 29:   Withdrawal                             29
 Article 30:   Functions of the depositary            29
 Article 31:   Authentic texts, depositary            30
RA/ Kit 675
 ---pagebreak---                                                         PAGE
     Annex    I:                                         31
       /Part 1:    Best available techniques             31
       /Part 2:    Best environmental practice           32
     Annex    II:  Industrial sectors and
                   hazardous substances                  33
       /Part 1:    list of industrial
                   sectors and industries                33
       /Part 2:    guiding list of hazardous substances
                   and groups of substances              37
     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
(2) RA/ KM 675
 ---pagebreak---                                        -  4  -
PfttjuwK] *»
The Contracting Parties,
Determined by the strong intention to intensify their w a t e r management coope-
ration i n the field of water protection and water use;
Concerned over the occurrence and threats of adverse e f f e c t s , i n the short or
long term, of changes in conditions of watercourses w i t h i n the Danube River
Basin o n 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 a l s o g i v e n to the Black
Sea;          ^
Commending the measures already taken o n the domestic initiative of Danubian
Countries and o n the bilateral and multilateral level o f 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 i n particular to the Convention o n the protection and use of trans-
boundary watercourses and international lakes of 17 M a r c h 1992 as well as the
 existing b i - and multilateral cooperation among Danubian States, which will be
 continued and duly taken into account b y the cooperation of all Danubian Sta-
 tes, as w e l l as pointing to the Convention o n the protection of the Black Sea
 against pollution of 21 April 1992;
 RA/ Kit 675
 ---pagebreak---                                        - 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
                                      Article I
                                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 km3 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
 ---pagebreak--- (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
 ---pagebreak---                                      - 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
              0
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
 ---pagebreak---                                       -   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
              0
 (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
 ---pagebreak---                                         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
 ---pagebreak---                                          10   -
?*v% TI;
                              MULTILATERAL COOPERATION
                                      Article 5
                         PREVENTION, CONTROL AND REDUCTION
                              OF TRANSBOUNDARY IMPACT
 (1)    The  Contracting Parties   shall develop,   adopt   and  implement  relevant
legal,    administrative  and  technical  measures   as  well   as  provide for  the
domestic 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
 ---pagebreak---                                           - l i -
    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
                  0
          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)
 ---pagebreak---                                        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
 ---pagebreak---                                          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
 ---pagebreak---                                     -  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
 ---pagebreak---                                      -  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
 ---pagebreak---                                      -  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
             0
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
 ---pagebreak---                                       -  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
 ---pagebreak---                                       -  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
             0
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
 ---pagebreak---                                                 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)
 ---pagebreak---                                        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
 ---pagebreak---                                         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
 ---pagebreak---                                      -  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
 ---pagebreak---                                      - 23
Part III:
                            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
 ---pagebreak---                                      - 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
 ---pagebreak---                                      -  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
 ---pagebreak---                                      - 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.
 ---pagebreak---                                       -  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
 ---pagebreak---                                      -  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
 ---pagebreak---                                        - 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
 ---pagebreak---                                      -  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
 ---pagebreak---                                       30
Article 31:
                          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
 ---pagebreak---                                         31
                                                                 A N N E X
                                     Part  1
                             BEST AVAILABLE TECHNIQUES.
1.   The use of the best available techniques shall emphasize the use of non-
waste technology, if available.
2.   The term "best available techniques" means the latest stage of development
(state of the art) of processes, of facilities or of methods of operation
which indicate the practical suitability of a particular measure for limiting
discharges, emissions and waste. In determining whether a set of processes,
facilities and methods of operation constitute the best available techniques
in general or individual cases, special consideration shall be given to:
 (a) comparable processes, facilities or methods of operation which have 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
 ---pagebreak---                                         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
 ---pagebreak---                                           33
                                                                    A N N E X    II
                                INDUSTRIAL SECTORS   AND
                                 HAZARDOUS   SUBSTANCES
Part li List of industrial sectors and industries:
1. In the heat generation, energy, and mining sectors:
      (a) Treatment of flue gases and exhaust air, slags, condensates from 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
 ---pagebreak---                                        -  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   Manufacture of basic chemicals;
       (b   Manufacture of dyes, pigments, paints;
       (c   Manufacture and processing of man-made fibres;
       (d   Manufacture and processing of plastics, rubber, caoutchouc;
       (e   Manufacture of organic halogen compounds;
       (f   Manufacture of organic explosives, solid fuels;
       (g   Manufacture of auxiliaries for leather, papermaking and textile production;
       (h   Manufacture of pharmaceuticals;
       (i   Manufacture of biocide products;
       (j   Manufacture of raw materials for washing and cleaning agents;
       (k   Manufacture of cosmetics;
       (1   Manufacture of gelatins, hide glue, adhesives'.
RA/ KH   675
 ---pagebreak---                                       -  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
 ---pagebreak---                                        -  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
 ---pagebreak---                                        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
 ---pagebreak---                               38
  Substances                     CAS-number
    9. Boron                          n.a.
  10. Cobalt                          n.a.
  11. Selenium                     7782492
  12. Silver                          n.a.
  13. Drins
  14. HCH                           608731
  15. DDT                            50293
  16. Pentachlorophenol              87865
  17. Hexachlorobenzene             118741
  18. Hexachlorobutadlene            87683
  19. Carbontetrachloride            56235
  2 0. Chloro form                   67663
  21. Trifluralin                  1582098
  22. Endosulfan                    115297
  23. Simazine                      122349
  24. Atrazine                     1912249
  25. Tributyltin-compounds
  2 6. Triphenyltin-compounds
  27. Azinphos-ethyl               2642719
  28. Azinphos-methyl                86500
  29. Fenitrothion                  122145
  30. Fenthion                       55389
  31. Malathion                     121755
  32. Parathion                      56382
  33. Parathion-methyl              298000
  34. Dichlorvos                     62737
  3 5. Trichloroethylene             79016
 3 6. Tetrachloroethylene           127184
 37. Trichlorbenzene
 38. Dichloroethane 1,2             107062
 39. Trichloroethane                 71556
 40. Dioxins                          n.a.
RA/ KH  675
 ---pagebreak---                                       -  39
                                                                 A N N E X     III
                         GENERAL GUIDANCE ON WATER QUALITY
                             OBJECTIVES AND CRITERIA   *)
Water quality objectives and criteria developed for specific reaches of the
Danube River and for surface waters within its catchment area shall:
(a)   Take into account the option of maintaining and, where necessary, 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
 ---pagebreak---                                      -  40  -
                                                                A N N E X     TV
                     STATUTE OF THE  INTERNATIONAL COMMISSION
                        FOR THE PROTECTION OF DANUBE RIVER
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
 ---pagebreak---                                        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
 ---pagebreak---                                         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
 ---pagebreak---                                      -  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
 ---pagebreak---                                      -  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
 ---pagebreak---                                      -  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
 ---pagebreak---                                        -  46  -
                                                                  A W W g X    2
                                     ARBITRATION
(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
 ---pagebreak---                                      -  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
 ---pagebreak---                                       -  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
 ---pagebreak---                                                                      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