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Law Approving The Convention On The Evaluation Of The Eia In A Transboundary Context, And Appendices I, Ii, Iii, Iv, V, Vi And Vii, Made In Espoo On 25 February 1991 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur l'évaluation de l'impact sur l'environnement dans un contexte transfrontière, et aux Appendices I, II, III, IV, V, VI et VII, faits à Espoo le 25 février 1991 (1) (2)

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9 JUIN 1999. - An Act to approve the Convention on the Assessment of Environmental Impact in a Transboundary Context, and Appendices I, II, III, IV, V, VI and VII, made in Espoo on 25 February 1991 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Assessment of Environmental Impact in a Transboundary Context, and Appendices I, II, III, IV, V, VI and VII, made in Espoo on 25 February 1991, will emerge their full and complete effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 June 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
L. VAN DEN BOSSCHE
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) 1998-1999 session:
Senate.
Documents. - Bill tabled on 26 March 1999, No. 1-1326/1. - Report, no. 1-1326/2. - Text adopted in session and transmitted to the Chamber, no. 1-1326/3.
Annales parliamentarians. - Discussion, meeting of 21 April 1999. - Vote, meeting of 22 April 1999
Room.
Documents. - Project transmitted by the Senate, No. 49-2177/1. - Report, No. 49-2177/2.
Annales parliamentarians. - Discussion, meeting of 29 April 1999. - Vote, meeting of 29 April 1999.
(2) See also the Decree of the Flemish Region of 15 July 1997 (Belgian Monitor of 1 October 1997), the Decree of the Walloon Region of 23 October 1997 and 8 November 1997) and the Order of the Brussels-Capital Region of 27 April 1995 (Belgian Monitor of 23 June 1995).

CONVENTION ON THE EVALUATION OF IMPACT ON ENVIRONMENT IN A TRANSBOUNDARY CONTEXT
The Parties to this Convention,
CONSCIENTES of the reciprocal impact of economic activities and their impact on the environment,
AFFIRMING the need to ensure environmentally sound and sustainable development,
RESOLUES to intensify international cooperation in the field of environmental impact assessment, particularly in a transboundary context,
Aware of the need and importance of developing policies of a proactive nature and to prevent, mitigate and monitor any significant adverse impact on the environment in general and, in particular, in a transboundary context,
RECALLING the relevant provisions of the Charter of the United Nations, the Declaration of the United Nations Conference on the Environment ( Stockholm Conference), the Final Act of the Conference on Security and Cooperation in Europe (CSCE) and the closing documents of the Madrid and Vienna Meetings of the representatives of the States participating in the CSCE,
NOTING WITH SATISFACTION the measures that States are taking to ensure that the assessment of environmental impact is carried out in accordance with their laws and by-laws and national policy,
Acknowledging the need to take specific consideration of environmental factors at the beginning of the decision-making process by using the assessment of the environmental impact at all appropriate administrative levels as a necessary tool to improve the quality of information provided to those responsible and thus enable them to make sound decisions from the perspective of the environment by addressing to minimize the adverse impact of activities, including by addressing the transboundary context
AYANT PRESENTS A ESPRIT the efforts of international organizations to promote the practice of environmental impact assessment at both national and international levels, taking into account the work carried out on the subject under the auspices of the United Nations Economic Commission for Europe, including the results of the Seminar on Environmental Impact Assessment (September 1987, Warsaw, Poland) and taking note of the Goals
The following agreed:
Article 1er
DEFINITIONS
For the purposes of this Convention,
(i) The term "Parties" means, unless otherwise specified, Contracting Parties to this Convention;
(ii) The term "Part of Origin" means the Contracting Party(s) to this Convention under the jurisdiction of which (or which) a proposed activity should be carried out;
(iii) The term "affected Party" means the Contracting Party(s) to this Convention on which (or on which) the proposed activity is likely to have a transboundary impact;
(iv) The term "Parties concerned" means the Party of origin and the affected Party conducting an environmental impact assessment pursuant to this Convention;
(v) The term "proposed activity" means any activity or project to substantially alter an activity, the execution of which must be the subject of a decision of a competent authority in any applicable national procedure;
(vi) The term "environment impact assessment" means a national procedure to assess the likely impact of a proposed activity on the environment;
(vii) The term "impact" means any effect of a proposed activity on the environment, including on health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other constructions, or the interaction between its factors, it also refers to the effects on cultural heritage or socio-economic conditions resulting from changes in these factors;
(viii) The term "transboundary impact" means any impact, not exclusively a global impact, that would be within the limits of an area within the jurisdiction of a Party a proposed activity whose physical origin would be in whole or in part in the area under the jurisdiction of another Party;
(ix) The term "competent authority" means the national authority (or authorities) designated by a Party to perform the tasks referred to in this Convention and/or the authority (or authorities) authorized by a Party to exercise decision-making powers in respect of a proposed activity;
(x) The term "public" means one or more natural or legal persons.
Article 2
GENERAL PROVISIONS
1. Parties shall take, individually or jointly, all appropriate and effective measures to prevent, reduce and combat the significant adverse transboundary impact of proposed activities on the environment.
2. Each party shall take the necessary legal, administrative or other measures to implement the provisions of this Convention, including with respect to the proposed activities listed in Appendix I that are likely to have a significant adverse transboundary impact, the establishment of an environmental impact assessment procedure for public participation and the establishment of an environmental impact assessment package described in Appendix II.
3. The Party of origin shall ensure that, in accordance with the provisions of this Convention, an environmental impact assessment shall be carried out before the decision to authorize or undertake a proposed activity listed in Appendix I, which is likely to have a significant adverse transboundary impact.
4. The Party of origin shall, in accordance with the provisions of this Convention, ensure that any proposed activity listed in Appendix I, which is likely to have a significant adverse transboundary impact, is notified to the affected Parties.
5. The Parties concerned shall, at the initiative of any of them, engage in discussions on whether one or more proposed activities that are not listed in Appendix I are likely to have a significant adverse transboundary impact and should therefore be treated as if they are listed on this list. If these parties agree to recognize that this is the case, the activity or activities in question are treated in such a way. Appendix III contains general guidance on the criteria for determining whether a proposed activity is likely to have a significant adverse impact.
6. In accordance with the provisions of this Convention, the Party of origin shall offer to the public areas likely to be affected the opportunity to participate in the relevant environmental impact assessment procedures of the proposed activities, and shall ensure that the opportunity offered to the public of the affected Party is equivalent to that offered to its own public.
7. The environmental impact assessments prescribed by this Convention shall be carried out at least at the project stage of the proposed activity. To the extent appropriate, Parties shall endeavour to apply the principles of environmental impact assessment to policies, plans and programs.
8. The provisions of this Convention shall not affect the right of the Parties to apply, at the national level, accepted laws, regulations, administrative provisions or legal practices to protect information that would be prejudicial to industrial and commercial secrecy or national security.
9. The provisions of this Convention shall not affect the right of each Party to apply, under a bilateral or multilateral agreement, where appropriate, stricter measures than those provided for in this Convention.
10. The provisions of this Convention shall be without prejudice to the obligations that may be borne by Parties under international law with respect to activities that have or are likely to have a transboundary impact.
Article 3
NOTIFICATION
1. If an activity listed in Appendix I is likely to have a significant adverse transboundary impact, the Party of origin, with a view to conducting sufficient and effective consultations as provided for in Article 5, shall notify any Party that may, in its view, be affected, as soon as possible and no later than when it informs its own public of this activity.
2. The notification includes:
(a) Information on the proposed activity, including any information available on its possible transboundary impact;
(b) Information on the nature of the decision that may be taken;
(c) The indication of a reasonable time limit for the communication of a response under paragraph 3 of this Article, taking into account the nature of the proposed activity.
The information referred to in paragraph 5 of this Article may be included therein.
3. The affected Party shall respond to the Party of origin within the time specified in the notification to acknowledge receipt of the notification and indicate whether it intends to participate in the environmental impact assessment procedure.
4. If the affected Party informs that it does not intend to participate in the environmental impact assessment procedure, or if it does not respond within the time specified in the notification, the provisions of paragraphs 5, 6, 7 and 8 of this Article and those of Articles 4 to 7 do not apply. In such cases, it is not prejudiced to the right of the Party of origin to determine whether to conduct an environmental impact assessment based on its national legislation and practice.
5. Upon receipt of a response from the affected Party indicating its desire to participate in the environmental impact assessment procedure, the Party of origin shall communicate to the affected Party, if it has not yet done so:
(a) Relevant information relating to the environmental impact assessment procedure with a timeline for reporting observations;
(b) Relevant information on the proposed activity and on the significant adverse transboundary impact it may have.
6. The affected Party shall communicate to the Party of origin, at the request of the Party, any information that may reasonably be obtained with respect to the environment under its jurisdiction that is likely to be affected, if such information is necessary to form the environmental impact assessment file. The information is communicated promptly and, as appropriate, through a common body if there is one.
7. Where a Party considers that a proposed activity listed in Appendix I would have a significant adverse transboundary impact on it and when notification has not been made in accordance with the provisions of paragraph 1 of this Article, the Parties concerned shall exchange, at the request of the affected Party, sufficient information to engage in discussions on whether a significant adverse transboundary impact is likely. If these Parties agree to recognize that a significant adverse transboundary impact is likely, the provisions of this Convention apply. If these Parties may not agree on whether a significant adverse transboundary impact is likely, they may, either, submit the matter to a commission of inquiry in accordance with the provisions of Appendix IV to issue a notice on the likelihood of a significant adverse transboundary impact, unless they agree to use another method to resolve this issue.
8. The Parties concerned shall ensure that the public of the affected Party, in areas likely to be affected, is informed of the proposed activity and has the opportunity to make comments or objections to the affected Party and that such observations or objections are transmitted to the competent authority of the Party of origin, either directly or, where appropriate, through the Party of origin.
Article 4
CONSTITUTION OF THE EVALUATION OF IMPACT ON ENVIRONMENT
1. The environmental impact assessment file to be submitted to the competent authority of the Party of origin contains at least the information referred to in Appendix II.
2. The Party of origin shall communicate to the affected Party, through, as appropriate, a common body, if any, the environmental impact assessment file. The Parties concerned shall arrange for the file to be distributed to the authorities and the public of the affected Party in areas likely to be affected and for the comments made to be forwarded to the competent authority of the Party of origin, either directly or, where appropriate, through the Party of origin, within a reasonable time before a final decision is made on the proposed activity.
Article 5
CONSULTATIONS ON THE BASE OF THE IMPLEMENTATION DOSSIER ON ENVIRONMENT
Following the establishment of the environmental impact assessment package, the Party of origin shall, without undue delay, consult with the affected Party on, inter alia, the transboundary impact that the proposed activity may have and measures to reduce or eliminate the impact. Consultations may include:
(a) possible alternatives, including the "zero" option, as well as measures that could be taken to mitigate any significant adverse transboundary impact and the procedure that could be followed to monitor the effects of such measures at the expense of the Party of origin;
(b) other possible forms of mutual assistance to reduce any significant adverse transboundary impact of the proposed activity;
(c) any other relevant matter relating to the proposed activity.
The Parties agree, at the beginning of the consultations, a reasonable period of time for the duration of the consultation period. These consultations may be conducted through an appropriate common body, if any.
Article 6
DECISION DEFINITIVE
1. The Parties shall ensure that, at the time of making a final decision on the proposed activity, the results of the environmental impact assessment, including the relevant file, as well as the comments received thereon pursuant to Article 3, paragraph 8, and Article 4, paragraph 2, and the outcome of the consultations referred to in Article 5, are duly taken into account.
2. The Party of origin shall communicate to the affected Party the final decision on the proposed activity and the reasons and considerations on which it is based.
3. If additional information on the important transboundary impact of a proposed activity, which was not available at the time a decision was made on that activity and which could have had a significant impact on that decision, comes to the knowledge of a Party concerned before the work under that activity begins, the Party in question shall immediately inform the other Party (or others) concerned. If one of the Parties concerned so requests, consultations are held to determine whether the decision should be reviewed.
Article 7
ANALYSE A POSTERIORI
1. The Parties concerned shall determine, at the request of any of them, whether a subsequent analysis should be conducted and, if so, what extent it should be, taking into account the significant adverse transboundary impact that the activity that has been the subject of an environmental impact assessment in accordance with this Convention is likely to have. Any subsequent analysis includes, in particular, the monitoring of activity and the determination of any adverse transboundary impact. These tasks may be undertaken to achieve the objectives listed in Appendix V.
2. When, following the subsequent analysis, the Party of origin or the affected Party is based on the assumption that the proposed activity has a significant adverse transboundary impact or when, at the conclusion of that analysis, factors have been discovered, which could lead to such an impact, it shall immediately inform the other Party. The Parties concerned then initiate consultations on measures to reduce or eliminate this impact.
Article 8
BILATERAL AND MULTILATERAL COOPERATION
Parties may continue to apply bilateral or multilateral agreements or other arrangements in force, or enter into new arrangements to comply with their obligations under this Convention. These agreements or other arrangements may resume the fundamental provisions listed in Appendix VI.
Article 9
RESEARCH PROGRAMMES
The Parties shall specifically consider the development or intensification of specific research programs aimed at:
(a) To improve the qualitative and quantitative methods used to assess the impacts of proposed activities;
(b) To enhance understanding of cause relationships and their role in integrated environmental management;
(c) Analyze and monitor the effective implementation of decisions taken on proposed activities with a view to mitigating or preventing its impact;
(d) Develop methods that stimulate creativity in the search for alternatives and environmentally sound production and consumption patterns;
(e) To develop methods to implement the principles of environmental impact assessment at the macro-economic level.
The results of the programs listed above are exchanged between the Parties.
Article 10
STATUS OF APPENDIXS
Appendices to this Convention are an integral part of the Convention.
Article 11
MEETING OF THE PARTIES
1. The parties meet, as far as possible, on the occasion of the annual sessions of the Councillors of the governments of the EEC countries for environmental and water problems. The first meeting of the Parties shall be convened no later than one year after the date of entry into force of this Convention. Subsequently, the Parties shall meet at any other time if, at any of their meetings, they deem it necessary, or if any of them so requests in writing, provided that such request is supported by at least one third of the Parties within six months of its submission to the Parties by the secretariat.
2. Parties shall continuously monitor the implementation of this Convention and, with this objective in mind:
(a) Review their policies and methodological approaches in the area of environmental impact assessment to further improve environmental impact assessment procedures in a transboundary context,
(b) The lessons they learn from the conclusion and application of bilateral and multilateral agreements or other arrangements for the assessment of environmental impact in a transboundary context, to which one or more of them are parties,
(c) Provide, where appropriate, the services of relevant scientific committees and international bodies on methodological and technical issues relevant to the achievement of the objectives of this Convention,
(d) At their first meeting, consider and adopt by consensus the rules of procedure of their meetings,
(e) Consider and, where appropriate, adopt proposals to amend this Convention,
(f) Consider and undertake any other action that may be necessary for the purposes of this Convention.
Article 12
LAW OF VOTE
1. The Parties to this Convention shall each have a vote.
2. Notwithstanding the provisions of paragraph 1 of this Article, regional economic integration organizations, in areas falling within their competence, shall have, in order to exercise their right to vote, a number of votes equal to the number of their member States that are Parties to this Convention. These organizations do not exercise their right to vote if their member states exercise their own, and vice versa.
Article 13
SECRETARIAT
The Executive Secretariat of the Economic Commission for Europe shall serve as the following secretariat:
(a) It convenes and prepares meetings of the Parties,
(b) It shall transmit to the Parties the reports and other information received under the provisions of this Convention, and
(c) Other functions that may be provided for in this Convention or may be assigned to it by the Parties.
Article 14
AMENDMENTS TO THE CONVENTION
1. Any Party may propose amendments to this Convention.
2. The amendment proposals shall be submitted in writing to the secretariat which shall communicate them to all Parties. They shall be considered by the Parties at their next meeting, provided that the secretariat has distributed them to the Parties at least ninety days in advance.
3. Parties shall make every effort to reach agreement by consensus on any proposed amendment to this Convention. If all efforts in this direction have remained in vain and no agreement has been reached, the amendment shall be adopted as a last resort by a three-fourths majority vote of the Parties present and voting.
4. Amendments to this Convention adopted in accordance with paragraph 3 of this Article shall be submitted by the Depositary to all Parties for ratification, approval or acceptance. They shall enter into force with respect to the Parties that have ratified, approved or accepted them on the ninetieth day after the Depositary receives notification of their ratification, approval or acceptance by at least three quarters of those Parties. Subsequently, they shall enter into force with respect to any other Party on the ninetieth day following the deposit by that Party of its instrument of ratification, approval or acceptance of the amendments.
5. For the purposes of this Article, the term "Parties present and voting" means Parties present at the meeting that have issued an affirmative or negative vote.
6. The voting procedure described in paragraph 3 of this Article is not intended to constitute a precedent for agreements that will be negotiated in the future within the framework of the Economic Commission for Europe.
Article 15
DIFFERENDUM REGULATIONS
1. If a dispute arises between two or more Parties with respect to the interpretation or application of this Convention, these Parties shall seek a solution by negotiation or by any other method of dispute resolution that they consider acceptable.
2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may serve in writing to the Depositary that, for disputes that have not been settled in accordance with paragraph 1 of this Article, it agrees to consider as mandatory one of the following two or two means of settlement in its relations with any Party accepting the same obligation:
(a) Submission of the dispute to the International Court of Justice,
(b) Arbitration, in accordance with the procedure set out in Appendix VII.
3. If the parties to the dispute have accepted the two means of dispute settlement referred to in paragraph 2 of this Article, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise.
Article 16
SIGNATURE
This Convention is open for signature by the States members of the Economic Commission for Europe as well as by the States with consultative status with the Economic Commission for Europe pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947 and regional economic integration organizations constituted by the sovereign States members of the Economic Commission for Europe, who have transferred competence to them for matters dealt with in this Convention, including the competence to concludeer March 1991, then at United Nations Headquarters in New York until 2 September 1991.
Article 17
RATIFICATION, ACCEPTATION, APPROBATION AND ADHESION
1. This Convention shall be subject to ratification, acceptance or approval by signatory States and regional economic integration organizations.
2. This Convention is open to the accession of the States and organizations referred to in Article 16 from 3 September 1991.
3. Instruments of ratification, acceptance, approval or accession shall be deposited with the General Secretariat of the United Nations, which shall serve as Depositary.
4. Any organization referred to in Article 16 that becomes a Party to this Convention without any of its member States being a Party shall be bound by all obligations arising from this Convention. When one or more member States of such an organization are Parties to this Convention, that organization and its member States agree on their respective responsibilities in the fulfilment of obligations under this Convention. In such cases, the organization and the Member States are not entitled to exercise the rights under this Convention concurrently.
5. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 16 shall indicate the extent of their competence with respect to the substances covered by this Convention. In addition, these organizations inform the Depositary of any relevant changes to the scope of their jurisdiction.
Article 18
BACKGROUND
1. This Convention comes into force on the ninetieth day after the date of the deposit of the sixteenth instrument of ratification, acceptance, approval or accession.
2. For the purposes of paragraph 1 of this Article, the instrument deposited by a regional economic integration organization does not add to those deposited by the member States of that organization.
3. With respect to each State or organization referred to in Article 16 ratifying, accepting or approving this Convention or acceding to it after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the ninetieth day after the date of the deposit by that State or that organization of its instrument of ratification, acceptance, approval or accession.
Article 19
DENONCIATION
At any time after the expiration of a four-year period beginning on the date on which this Convention comes into force with respect to a Party, that Party may denounce this Convention by written notification addressed to the Depositary. The denunciation takes effect on the ninetieth day after the date of its receipt by the Depositary. This denunciation does not affect the application of Articles 3 to 6 of this Convention to the proposed activities that have been notified under Article 3, paragraph 1, or of a request under Article 3, paragraph 7, before the denunciation has taken effect.
Rule 20
AUTHENTIC TEXTS
The original of this Convention, whose English, French and Russian texts are equally authentic, is deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, to this duly authorized, have signed this Convention.
DONE in Espoo (Finland), February 25, 1991.

Appendix I
LIST OF ACTIVITIES
1. Oil refineries (excluding companies manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of at least 500 tonnes of coal or bituminous shale per day.
2. Thermal power plants and other combustion plants whose thermal production is equal to or greater than 300 megawatts and nuclear power plants and other nuclear reactors (with the exception of research facilities for the production and conversion of fissile material and fertile material whose maximum power does not exceed one kilowatt of continuous thermal charge).
3. Facilities intended solely for the production or enrichment of nuclear fuels, for the treatment of irradiated nuclear fuels or for the storage, disposal and treatment of radioactive wastes.
4. Large facilities for the primary development of cast iron and steel and for the production of non-ferrous metals.
5. Installations for asbestos extraction and processing and processing of asbestos and asbestos-containing products: for asbestos-cement products, facilities producing more than 20,000 tons of finished products per year, for friction materials, facilities producing more than 50 tons of finished products per year and for other asbestos uses, facilities using more than 200 tons of asbestos per year.
6. Integrated chemical installations.
7. Construction of highways, express roads (*) and railway lines for long-distance railway traffic as well as airports with a main track of 2100 metres or more.
8. Large section pipelines and pipelines.
9. Commercial ports as well as inland waterways and river ports allowing the passage of boats of more than 1350 tons.
10. Waste disposal facilities: incineration, chemical treatment or dumping of toxic and hazardous wastes.
11. Large dams and tanks.
12. Groundwater capture work if the annual volume of water to be captrated reaches or exceeds 10 million cubic metres.
13. Installations for the manufacture of paper and paper pulp producing at least 200 tons dried to air per day.
14. Large-scale mining, extraction and on-site processing of metal or coal ores.
15. Oil production at sea.
16. Large storage facilities for petroleum, petrochemical and chemical products.
17. Deforestation of large areas.
(*) For the purposes of this Convention:
- the term "roadway" means a road which is specially designed and built for motor traffic, which does not serve riparian properties and which:
(a) Except in unusual or temporary points, there are separate, for both traffic purposes, pavements separated from each other by a strip of land not intended for traffic or, exceptionally, by other means;
(b) Do not cross at the level of road, railway or tram, or pedestrian traffic;
(c) Is specially marked as a highway.
- The term "express road" means a road reserved for motor traffic, accessible only by regulated exchangers or intersections and on which, in particular, it is forbidden to stop and park on the road.

Appendix II
IMPACT EVALUATION DOSSIER ON ENVIRONMENT
Minimum information to be included in the environmental impact assessment file under Article 4:
(a) Description of the proposed activity and its object;
(b) Description, where appropriate, alternatives (e.g. location or technology) that may be reasonably considered without omitting the "zero" option;
(c) Description of the environment on which the proposed activity and alternatives are likely to have a significant impact;
(d) Description of the impact that proposed activity and alternatives can have on the environment and estimate its importance;
(e) Description of corrective actions to minimize adverse environmental impacts;
(f) Accurate indication of baseline prediction and assumptions and relevant environmental data used;
(g) Inventory of knowledge gaps and uncertainties identified by gathering the required data;
(h) Where applicable, overview of monitoring and management programs and possible plans for post-project analysis;
(i) Abstract not technical with, if necessary, a visual presentation (maps, graphics, etc.).

Appendix III
IMPACT IMPORTANCE ON ENVIRONMENT OF ACTIVITIES THAT DO NOT INSCRITES ON IMPACT
1. When considering proposed activities to which Article 2, paragraph 5 applies, the Parties concerned may seek to determine whether the proposed activity is likely to have a significant adverse transboundary impact, in particular with respect to one or more of the following criteria:
(a) Amplifier: activities that, given their nature, are of great magnitude;
(b) Site: activities proposed to be undertaken in an area or close to a particularly ecologically sensitive or important area (such as wetlands covered by the Ramsar Convention, national parks, natural reserves, sites of particular scientific interest or sites of archaeological, cultural or historical significance) and activities proposed to be undertaken in sites where the characteristics of the proposed project are likely to have significant impacts on
(c) Effect: proposed activities whose effects are particularly complex and may be detrimental, including activities that have serious effects on humans or on species or organisms to which a particular value is attached, activities that jeopardize the continued use or potential use of an affected area and activities that impose an additional burden that the environment does not have the capacity to bear.
2. The Parties concerned shall do so for the proposed activities of which the site is located close to an international border and for the proposed activities that are more remote and that could have significant transboundary effects at large distances.

Appendix IV
ENQUETE PROCEDURE
1. The requesting Party(s) notifies the secretariat that it(s) submits to an inquiry commission constituted in accordance with the provisions of this Appendix the question of whether a proposed activity listed in Appendix I is likely to have a significant adverse transboundary impact. The purpose of the investigation is indicated in the notification. The secretariat shall immediately notify all Parties to this Convention of this request for investigation.
2. The commission of inquiry is composed of three members. The requesting party and the other party to the investigation procedure shall appoint, each, a scientific or technical expert and the two experts so appointed shall, in common agreement, designate the third expert who is the chair of the commission of inquiry. The latter shall not be a national of one of the parties to the investigation proceedings or have his habitual residence in the territory of one of these parties, or be at the service of one of them, or have already dealt with the matter in question in any other way.
3. If, within two months of the appointment of the second expert, the Chairman of the Commission of Inquiry has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of one of the parties, make his appointment within a further two-month period.
4. If, within one month of receiving the notification from the secretariat, one of the parties to the inquiry procedure does not appoint an expert, the other party may inform the Executive Secretary of the Economic Commission for Europe, who designates the Chairperson of the inquiry within a further two-month period. Upon designation, the Chairperson of the Board of Inquiry shall ask the party that has not appointed an expert to do so within one month. When this period is elapsed, the President shall inform the Executive Secretary of the Economic Commission for Europe, who shall make the appointment within two months.
5. The commission of inquiry itself stops its rules of procedure.
6. The commission of inquiry may take all necessary measures to perform its functions.
7. The parties to the inquiry procedure shall facilitate the task of the commission of inquiry and, in particular, by all means at their disposal:
(a) provide all relevant documents, facilities and information;
(b) If necessary, allow him to quote and hear witnesses or experts.
8. The parties and experts shall protect the secrecy of any information they receive in confidence during the work of the commission of inquiry.
9. If one of the parties to the investigation proceedings does not appear before the commission of inquiry or refrain from exposing its position, the other party may request the commission of inquiry to continue the proceedings and to complete its work. For a party not to appear before the commission or not to expose its position, it is not an obstacle to the prosecution and completion of the commission of inquiry.
10. Unless the commission of inquiry decides otherwise because of the particular circumstances of the case, the costs of the commission, including the remuneration of its members, shall be borne equally by the parties to the inquiry procedure. The Board of Inquiry shall maintain a statement of all costs and provide a final statement to the parties.
11. Any party having, with respect to the subject matter of the investigation proceedings, a material interest likely to be affected by the notice rendered by the investigation board, may intervene in the proceedings with the agreement of the investigation board.
12. The decisions of the commission of inquiry on procedural matters are taken by a majority of the votes of its members. The final opinion of the commission reflects the opinion of the majority of its members and is accompanied, possibly, by the statement of dissenting opinions.
13. The Board of Inquiry shall render its final notice within two months of the date on which it was constituted unless it considers it necessary to extend this period of time that should not exceed two months.
14. The final opinion of the commission of inquiry is based on accepted scientific principles. The Board of Inquiry shall provide its final notice to the parties to the inquiry procedure and to the secretariat.

Appendix V
ANALYSE A POSTERIORI
This analysis includes:
(a) To verify whether the conditions set out in the texts authorizing or approving acitivity are well respected and whether corrective actions are effective;
(b) To examine any impact for good management and to dispel uncertainties;
(c) To verify the accuracy of previous forecasts in order to learn from them for similar activities that will be undertaken in the future.

Appendix VI
ELEMENTS OF THE BILATERAL AND MULTILATERAL COOPERATION
1. The Parties concerned may establish, where appropriate, institutional arrangements or extend the scope of existing arrangements within the framework of bilateral and multilateral agreements to give full effect to this Convention.
2. Bilateral or multilateral agreements or other arrangements may include:
(a) Any additional measures for the purposes of the application of this Convention, taking into account the particular situation of the subregion concerned,
(b) Institutional, administrative and other arrangements to be concluded on the basis of reciprocity and in accordance with the principle of equivalence,
(c) Harmonization of environmental protection policies and measures to ensure that environmental impact assessment standards and methodologies are as uniform as possible,
(d) The development of methods for determining, measuring, forecasting and evaluating impacts and methods of analysis at a later stage and the improvement and/or harmonization of these methods,
(e) The development of methods and programs for the timely collection, analysis, storage and dissemination of comparable environmental quality data as a contribution to the assessment of environmental impact and/or the improvement of these methods and programs,
(f) The setting of more precise thresholds and criteria to define the importance of transboundary impacts on the basis of the site, the nature and scope of the proposed activities to be assessed on the environment in accordance with the provisions of this Convention and the setting of transboundary pollution critical loads,
(g) The joint implementation, where appropriate, of the environmental impact assessment, the development of joint monitoring programs, the comparative calibration of monitoring devices and the harmonization of methods to ensure compatibility of the data and information obtained.

Appendix VII
ARBITRAGE
1. The requesting Party(s) shall notify the secretariat that the Parties have agreed to submit the dispute to arbitration under Article 15, paragraph 2, of this Convention. The notice shall set out the subject matter of arbitration and in particular the Articles of this Convention whose interpretation or application is in question. The secretariat shall transmit the information received to all Parties to this Convention.
2. The arbitral tribunal is composed of three members. The (or) requesting Party(s) and the other Party(s) in the dispute shall appoint an arbitrator and the two arbitrators so appointed shall jointly designate the third arbitrator who is the President of the arbitral tribunal. The latter shall not be a national of one of the parties to the dispute or have his habitual residence in the territory of one of these parties, or be at the service of one of them, or have already dealt with the matter in any other way.
3. If, within two months of the appointment of the second arbitrator, the President of the Arbitral Tribunal has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of one of the parties to the dispute, appoint it within a further two-month period.
4. If, within two months of receipt of the application, one of the parties to the dispute does not appoint an arbitrator, the other party may inform the Executive Secretary of the Economic Commission for Europe, who designates the President of the Arbitral Tribunal within a further two-month period. Upon designation, the chairman of the arbitral tribunal shall apply to the party who has not appointed an arbitrator to do so within two months. When this period is elapsed, the Chair informed the Executive Secretary of the Economic Commission for Europe, who made the appointment within a further two months.
5. The court shall render its sentence in accordance with international law and the provisions of this Convention.
6. Any arbitral tribunal established under these provisions shall determine its own procedure.
7. The decisions of the arbitral tribunal, both on procedural and substantive matters, shall be taken by a majority of its members.
8. The court may take all necessary measures to establish the facts.
9. The parties to the dispute shall facilitate the task of the arbitral tribunal and, in particular, by all means at their disposal:
(a) Provides all relevant documents, facilities and information, and
(b) If necessary, allow him to quote and hear witnesses or experts.
10. The parties and arbitrators shall protect the secrecy of any information they receive in confidence during the arbitration proceedings.
11. The arbitral tribunal may, at the request of one of the parties, recommend interim measures.
12. If one of the parties to the dispute does not appear before the arbitral tribunal or asserts its means, the other party may request the court to continue the proceedings and make its final award. The fact that a party does not present itself or assert its means does not impede the proceedings. Before making its final award, the arbitral tribunal must ensure that the application is in fact and in law.
13. The arbitral tribunal may hear and decide on counterclaims directly related to the subject matter of the dispute.
14. Unless the arbitral tribunal decides otherwise, due to the particular circumstances of the case, the costs of the court, including the remuneration of its members, shall be borne equally by the parties to the dispute. The court shall keep a statement of all costs and provide a final statement to the parties.
15. Any Party to this Convention having, with respect to the subject matter of the dispute, a legal interest likely to be affected by the decision in the case may intervene in the proceedings, with the agreement of the court.
16. The arbitral tribunal shall render its award within five months of the date on which it was constituted, unless it considers it necessary to extend this period of time for a period not exceeding five months.
17. The award of the arbitral tribunal is accompanied by a statement of grounds. It is final and binding for all parties to the dispute. The arbitral tribunal shall communicate it to the parties to the dispute and to the secretariat. The latter shall transmit the information received to all Parties to this Convention.
18. Any dispute between the parties with respect to the interpretation or enforcement of the award may be submitted by one of the parties to the arbitral tribunal that has rendered the award or, if it cannot be seized, to another tribunal constituted for that purpose in the same manner as the first.

LIST OF LIES
For the consultation of the table, see image