The Convention On Cooperation For The Protection And Reasonable Use Of The River Danube

Original Language Title: Úmluva o spolupráci pro ochranu a únosné využívání Dunaje

Read the untranslated law here:

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122/1999 Coll.


Ministry of Foreign Affairs

Ministry of Foreign Affairs says that the 29 April. June 1994 was in

Sofia adopted the Convention on cooperation for the protection and reasonable use of the

The Danube River.

On behalf of the United States, the Convention was signed in Bucharest on 10. March

1995. The instrument of approval of the Convention on cooperation for the protection and reasonable

the use of the river Danube, the Czech Republic was deposited with the Government of Romania,

depositary of the Convention, on 30 November. May 1995. Convention entered into force on

pursuant to article 27 on 22 November. October 1998 and entered into this day

into force for the Czech Republic.

Czech translation of the Convention shall be published at the same time.


on the cooperation for the protection and reasonable use of the river Danube

The Contracting Parties,

kept firm intention to step up its cooperation in water

the area of water protection and water use;

in the concerns arising from the occurrence and threats of adverse effects,

short and long term, changes in conditions of watercourses in the Danube basin

on the environment, the economy and the well-being of the Danubian States;

Stressing the urgent need to strengthen the national and international

measures to prevent, control and reduce significant adverse effects

that spans across international boundaries, from the release of hazardous substances and

of nutrients into the aquatic environment of the Danube basin with due attention

also devoted to the Black Sea;

Welcoming measures already taken from national initiatives the Danubian States,

and from their bilateral and multilateral cooperation and effort, already

spent in the process of the CSCE, the European Economic Commission

The United Nations and the European Community to promote cooperation,

bilateral and multilateral level, for the prevention and control of pollution

transboundary, sustainable water management, to

sensible use of water resources and investigation;

referring in particular to the Economic Commission for Europe Convention on the protection and

the use of frontier watercourses and international lakes of 17. March

in 1992, as well as on existing bilateral and multilateral cooperation

between podunajskými States that will continue and will be duly

respected podunajskými in cooperation with all States, as well as on the

Convention for the protection of the Black Sea against pollution of 21. April 1992;

anxious about a lasting improvement and protection of the river Danube and of waters within its

the water catchment area, in particular in the transboundary context, and permanently

sustainable water management, which takes into account the interests of all

the Danubian States, as regards the use of water, and at the same time contributes to the

protection of the marine environment of the Black Sea; have agreed as follows:



Article 1

The definition of the

For the purposes of this Convention:

(a) ' Danubian States "are sovereign States, which is essential

part of the hydrological catchment area of the river Danube. An essential part here means the proportion of

more than 2 000 km2 of the total hydrological catchment area.

(b) "Basin" of the Danube River is the total collecting area of hydrological,

common to the Contracting Parties.

(c) "transboundary Impact" means any significant adverse

effect on the riverine environment resulting from a change in water conditions caused by

human activities and that extends beyond the territory under the jurisdiction of a State Contracting

party. Such changes may affect the safety of life and property,

equipment and aquatic ecosystems, to whom it may concern.

(d) "hazardous substances" are substances which are toxic, carcinogenic,

mutagenic, teratogenic or bioaccumulative effects, especially if they are

persistent and significant adverse effects on living organisms.

(e) "Hazardous Substances" are substances whose potential

hazardous to water resources is extraordinarily high so that the treatment of

them requires special preventive and protective measures.

(f) "point and area source of pollution of water" are sources of pollutants

substances and nutrients, whose intrusion into water is caused by a locally designated

discharges (point source) or by diffuse effects throughout the catchment area

(area of effect).

(g) "water budget" is the relationship characterizing the natural farming

water throughout the catchment area according to its individual components (precipitation, evaporation,

surface and underground run-off). This includes both the common

anthropogenic environmental impact caused by the use of water and affecting the amount of


(h) "Connection data" are summaries of data derived from the water balance in the upper

the flow of the River, if they are important as input data for processing water

balance on the lower reaches of the River, and the General water balance of the river Danube. In

to this extent connecting data include water balance for all

significant border the Danube River basin water inside. Connection data

refer to profiles of frontier waters where the water feature, cut through or

they are located on the borders between the Contracting Parties.

(i) "International Commission" is an organisation established in accordance with article 18 of this

Of the Convention.

Article 2

The objectives and principles of cooperation

(1) the Contracting Parties shall endeavour to achieve the goal of sustainable and

equitable water management, including the investigation, improvement and reasonable

the use of surface water and groundwater in the catchment area, if possible.

In addition, the Parties shall make all efforts to limit the dangers arising from the

incidents involving hazardous substances occur, the risk of

floods and ice phenomena on the Danube River. Moreover, it will try to contribute

to reduce the pollution of the Black Sea from sources in the catchment area.

(2) the Contracting Parties shall cooperate in accordance with the provisions of this Convention in

fundamental water management issues and take all appropriate legal,

Administrative and technical measures, to at least maintain and

to improve the current conditions of the environment and water quality of the river

The river Danube and of the waters of its basin, and to the prevention of and to the maximum possible reduction

adverse effects and changes occurring or likely to be

can be caused by.

(3) to this end the Contracting Parties-taking into account the urgency of the measures

aimed at preventing water pollution and on reasonable and permanently

sustainable use of water-set priorities as appropriate and shall strengthen,

align and will coordinate measures taken and planned at national and

international level in the Danube Basin aiming at sustainable development

and environmental protection of the Danube River.

This objective is particularly focused on ensuring a permanently

sustainable use of water resources for the needs of municipalities, industry and

Agriculture and for the preservation and restoration of ecosystems and to cover also other

requirements that are occurring in the context of the health of the population.

(4) basis for all measures aiming at the protection of the Danube River and of waters within

its catchment area is the principle of the polluter pays principle and the principle of "prevention".

(5) water management cooperation shall be oriented on sustainable

water management, that means on the criteria of a stable, environmentally

an appropriate development, which are at the same time directed to:

-maintain the general quality of life,

-maintain continuing access to natural resources,

-avoid lasting environmental damage and protect ecosystems,

-the use of the precautionary approach.

(6) the application of this Convention shall in any case will not cause significant direct

or indirect increase of impacts to the riverine environment.

(7) each Contracting Party shall have the right to adopt and implement measures

more stringent than those resulting from the provisions of this Convention.

Article 3

The scope of the

(1) this Convention applies to the catchment area of the river Danube, as defined in the

Article 1 (b). (b).

(2) subject to this Convention will, in particular, the following planned activities

and ongoing measures, if they cause--or are likely to

cause transboundary impacts:

(a) the discharge of waste water, the supply of nutrients and hazardous substances from

point and non-point sources as well as heat discharge;

(b) planned activities and measures in the construction of water works,

in particular, the regulation of flows, management of runoff and flow of water flows, levels

flood protection and reduction of the danger of ledochodu, as well as

influence of devices that are located on rivers or along them on their

drain mode;

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

for example, the use of water power, collection and subscriptions of the water;

(d) the operation of the existing installations and structures, Hydromechanical eg.

tanks, water-power plants; measures to prevent impacts on the

environment including: deterioration of the hydrological conditions, erosion, abrase

(necessary), flooding, the flow of sediments; and measures to protect the ecosystems;

(e) the handling of substances hazardous to water and the precautionary

measures to prevent accidents.

(3) this Convention applies to the matter of fisheries and inland

Cruises, with regard to the problems associated with the protection of waters against pollution

due to these activities.

Article 4

Forms of cooperation

Forms of cooperation under this Convention as a rule are:

(a) consultations and joint activities in the framework of the International Commission pursuant to the

the provisions of this Convention;

(b) exchange of information on bilateral and multilateral agreements,

legislation and measures in the field of water management; the exchange of

legal documents and directives or regulations and other publications; other forms of

the exchange of information and experience.



Article 5

Prevention, control and reduction of transboundary impact

The Parties shall develop, adopt and implement relevant legal,

Administrative and technical measures as well as on its territory will ensure the necessary

the conditions and basis required in order to ensure the effective protection of the

water quality and sustainable use of water, and thus prevention,

control and reduce transboundary impact.

To this end the Contracting Parties shall separately or jointly, in particular

the measures set out below:

(a) records on the conditions of natural water resources in the river basin

the Danube River with the use of the agreed quality and quantity parameters, including

the agreed methodology.

(b) adopt legal provisions including the time limits for

the requirements for the discharge of waste water.

(c) adopt legal provisions for the handling of substances hazardous to


(d) adopt legal provisions to reduce the input of nutrients and hazardous

substances from non-point sources, especially for the treatment and use of fertilizers and

plant protection agents and pesticides in agriculture.

(e) the Contracting Parties shall take into account the results and proposals presented by the

The International Commission in order to align this regulatory action on high

level of protection as well as to harmonize the implementation of the corresponding


(f) the Contracting Parties shall cooperate and take appropriate measures to

the exclusion of the effects of waste and hazardous substances in particular originating in

transport and transboundary.

Article 6

Specific measures for the protection of water resources

In order to prevent or reduce the effects of transboundary and

to ensure sustainable and equitable use of water

resources, as well as to protect ecological resources, the Contracting Parties

appropriate measures, in particular:

(a) the process of groundwater sources overview, which must be in the long term

protect, as well as protection zones valuable for existing purposes, or

the future supply of drinking water;

(b) in the case of underground water resources, especially for those that are reservovány

as a source of drinking water in the long run, prevention of pollution,

that is due, in particular caused by nitrates, plant protection agents and

pesticides and other hazardous substances;

(c) minimize by preventive and control measures the risk

pollution as a result of accidents;

(d) take into account the possible effect on the quality of water resulting from the measure and

planned activities under article 3, paragraph 3. (2);

(e) evaluate the importance of different biotope elements for the riverine ecology

and propose measures for improving the aquatic and coastal environmental

terms and conditions.

Article 7

Control of emissions, water quality objectives and criteria

(1) the Contracting Parties, taking into account the proposals of the International Commission shall set

the emission limits applicable to individual industrial sectors or industries

in terms of pollution loads and concentrations and are based on the

the best possible way or low-waste technologies at

the source of pollution. In cases where dangerous substances are discharged,

the emission limits will be based on the best available ways

reducing emissions at source and/or for waste water treatment. For the urban

sewer water emission limits will be based on the basis of the application of the

at least biological treatment of waste water or other

equivalent level.

(2) the Contracting Parties to the supplementary provisions for preventing or

the reduction of discharges of hazardous substances and nutrients from non-point

resources, especially where agriculture is the main source, considering when you

taking into account the best environmental practice.

(3) for the purposes expressed in paragraphs (1) and (2) in annex II to this

Convention contains a list of industrial sectors and industries connected list

of hazardous substances and groups of substances, the discharge of which from point and

non-point sources shall be prevented or substantially restricted. -Complete

Annex II is the task of the International Commission.

(4) Moreover, the Parties shall draw up, in the case of suitability, the definition of the objectives of the

the quality of water and water quality criteria shall apply for the purpose of

the prevention, control and reduction of transboundary impact.

General guidance for this is given in annex III; He will be in the case of

the suitability of the applied and specified by the parties at the level of

national, so together.

(5) with a view to the effective reduction of the emissions in areas under their

the jurisdiction of the Contracting Parties shall apply and shall ensure necessary preconditions and


The Contracting Parties shall ensure that:

(a) the national provisions for emission limits and their level of standards have been

gradually reconciled with emission limits mean this Convention;

(b) waste water discharges without exception based on authorizations from the

competent authorities granted in advance and with a limited duration;

(c) rules and permits for prevention and control measures of new or

modernized industrial facilities, in particular in cases where the

the pension and hazardous substances, are oriented on the best available

technology and to have been carried out with a high priority;

(d) stricter provisions than the standards--and in the

individual cases even prohibition--where the situation requires it

of the receiving water and its ecosystems, in combination with the contents of paragraph


(e) competent authorities supervise the performance of the stored provisions, and

permit conditions for those activities that may cause an effect

beyond national boundaries;

(f) the impact assessment has been conducted on the environment (EIA) according to the

transnational and international rules and other procedures to evaluate and

assessment of the effects on the environment;

(g) when planning, licensing and implementing activities and

the measures referred to in article 3, paragraph 3. (2) and in article 16, paragraph 2. (1)

competent authorities always take into account risks of accidents involving substances

dangerous waters and to prescribe precautionary measures and rules did

and measures for action after any accidents.

Article 8

Emission inventories, action programmes and progress reports

(1) the Contracting Parties shall undertake periodically inventories of emissions from

the major point and extended sources of pollution for the entire river basin

The Danube including the prevention and emission-reducing measures already

It was adopted due to the incidents of discharge of polluting

substances, and indicate whether or not the real effectiveness of these actions, the

duly taking into account article 5 (b). (a).

(2) on the basis that the Contracting Parties shall in stages establish a list of

other preventive and restrictive measures, emissions will be

progressively applied as it will be necessary to achieve the objectives set out

in this Convention.

(3) emission inventories and lists the measures that will be implemented, make up

the basis for the processing of joint action programmes, drawn up by

the Contracting Parties, taking into account the priorities set out by the

the urgency and efficiency. These action programmes shall be, in particular, focused on the

reduce the burden of pollution and the reduction of the concentration of industrial and

urban point and extended sources of pollution. Among other things, will be

contain preventive and restrictive measures, including their

timing and associated cost estimates.

(4) Furthermore, the Contracting Parties shall monitor the progress made

application of the joint action programmes by establishing periodical

messages about the procedure. These messages will contain both the safeguard measures

carried out and the progress achieved in river conditions based on

assessing the real state.

Article 9

Monitoring programmes

On the basis of their national activities, the Contracting Parties

cooperate in monitoring and evaluation.

(1) the Contracting Parties to this objective:

-coordinate or ensure their comparability of methods for monitoring and

the evaluation used at national level, in particular to the evaluation of

the quality of the river water, emission control, flood forecast and water balance,

in order to achieve comparability of the results transmitted to the joint activities

monitoring and assessment;

-develop concerted or joint monitoring system using

stationary or mobile measurement devices and systems for processing

data and their transfer;

-elaborate and implement joint programmes for monitoring the riverine conditions

in the Danube basin, relating to the quality and quantity of water, sediments and

riverine ecosystems, as a basis for the assessment of the effects of excess

national boundaries, such as transboundary pollution and changes in

River modes, water balances, floods and ice-hazards;

-develop common or coordinated monitoring and evaluation methods

waste water discharges including processing, evaluation and documentation

data, taking into account the emissions of specific

individual sectors (Annex. (II) part 1);

-process inventory in the important point sources of pollution by

types of pollutants discharged (emission inventories) and estimate the

water pollution from non-point sources according to annex II, part 2; These

documents will be updated according to the actual state.

(2) in particular, the Contracting Parties agree on the monitoring points

water quality characteristics and pollution parameters, which will be

on a regular basis and with sufficient frequency evaluated for the river Danube,

taking into account the ecological and hydrological character of the relevant

water flows as well as typical emissions of pollutants

discharged into watercourses, considered in the catchment area.

(3) the Contracting Parties shall, on the basis of coordinated methodologies

national water balance and General water balance basins

The Danube River. To this end, they shall provide as input data to the extent necessary

the connection data are sufficiently comparable to when you use a matching

methodology. On the basis of the same data can also be processed in the water balance

for the main tributaries of the Danube River.

(4) the Contracting Parties shall periodically assess the quality conditions of

the river Danube and the progress made by their measures taken aiming

on prevention, restriction and reduction of transboundary impact.

The results will be presented to the public by appropriate publications.

Article 10

Reporting obligations

The Contracting Parties shall report to the International Commission on the basic

matters necessary to ensure that the Commission can carry out its tasks.

These messages will include, in particular:

(a) reports and documents foreseen in this Convention or requested

referred to by the Commission;

(b) information on the existence, conclusion, amendment or cancellation of the

bilateral and multilateral agreements and treaties regulating the protection and

water management of the river Danube and of waters within its catchment area or agreements and contracts

important for the issue;

(c) information on their respective laws, regulations and other

General rules regulating the protection and water management of the river

The river Danube and of waters within its catchment area or those that are important for the

the issue;

(d) the communication, at least with an agreed delay after the date referred to

The Commission adopted a decision on the method, timing and financial

expenditure for the implementation of the relevant decisions oriented to the

activity at the national level, such as recommendations, programmes

and measures;

(e) the appointment of competent institutions in matters of cooperation in the

under this Convention, the International Commission or by other Contracting

the parties;

(f) communication of information on planned activities that may by reason of the

their nature likely to cause transboundary impact.

Article 11


(1) after the previous exchange of information the Contracting Parties, at the request of one

or several of the Contracting Parties, take part in consultations on the planned

the activities referred to in article 3, paragraph 3. (2) that may cause an effect

transboundary, if such exchange of information and consultation

they are not yet covered under bilateral or other international

cooperation. These consultations are usually conducted within the International

the Commission has the intention to find a solution.

(2) prior to a decision on planned activities the competent

authorities obtained-except in cases where there is a risk of delay-

the results of these consultations, except that they are not completed

not later than 1 year after their initiation.

Article 12

The exchange of information

(1) the International Commission the Contracting Parties shall

Exchange reasonably available data, inter alia, on:

(a) the General conditions of the riverine environment of the river Danube basin;

(b) the experience gained in the application and operation of best

the available technology and results of research and development;

(c) emission and monitoring data;

(d) measures taken and planned to adopt in order to ensure the prevention,

control and reduce transboundary impact;

(e) modifying the discharge of waste waters;

(f) accidents caused by substances hazardous to water.

(2) to the harmonization of emission limits, the Contracting Parties shall exchange information on

their national regulatory actions.

(3) if the Contracting Party is requested by another Contracting Party of

the provision of data or information that is not available, the requesting Party shall

endeavour to comply with the request but may pass this information

dependent upon the reasonable charges for collecting and, in cases

the suitability also for the processing of such information.

(4) for the purposes of the application of this Convention, the Contracting Parties shall facilitate the exchange of

best available techniques, in particular by promoting: the commercial exchange of

available techniques, direct industrial contacts and cooperation, including

joint ventures; the exchange of information and experience; the provision of the

technical assistance. The Contracting Parties also carried out joint programmes

training and organise appropriate seminars and meetings.

(5) the provisions of this Convention shall not affect the rights or obligations of either

Parties arising from national law, regulations and

administrative provisions or accepted legal practices and applicable

international rules on the protection of personal data information, industrial

and commercial secrecy or national security.

(6) If a party nevertheless decides to supply such

protected information to another party, the party for this information

transposing will respect the confidentiality of the information obtained and

the conditions under which the information was provided, and makes use of such

information only for the purposes for which it was supplied.

Article 13

Protection of the information provided

If, on the basis of this Convention in accordance with the national legal

regulations passed on industrial and commercial secrets or other confidential

materials, respect the confidentiality of the parties receiving such information

and shall not be used for any purposes other than those envisaged by the

The Convention will not disclose and provide to third parties. If

any Contracting Party feels unable to comply with this obligation

regarding confidential information will be disclosed about it without delay

inform the relying party, and returns to her already passed

the information. Personal data will be communicated to the Contracting Parties in accordance with

the national law of the Contracting Party. The recipient can personal

data used only for the designated purposes, and under the conditions specified

the relying party.

Article 14

Informing the public

(1) the Contracting Parties shall ensure that any natural or legal persons, the

the basis of any reasonable request them and pay the reasonable

the fees were their competent authorities are required to provide the

quickly as possible information on the State and/or the quality of riverine environment in the

the Danube basin, without that person having to prove an interest.

(2) the information referred to in paragraph (1) of this article which are in the hands of

public authorities, may be given in writing, visually, as the oral

communications or as database files.

(3) the provisions of this article shall not affect the rights of the parties, in

accordance with their legal systems and applicable international

the rules, to refuse a request for information regarding:

(a) the confidentiality of the procedure of public authorities, international relations and national


(b) public security;

(c) matters which are the subject of ongoing judicial

hearing or investigation, including disciplinary enquiries, or which are

the subject of preliminary proceedings;

(d) commercial and industrial confidentiality, including intellectual property rights;

(e) the confidentiality of personal data or documents;

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

legally required to do so;

(g) the material would more likely provide could

cause damage to the environment to which such material related to.

(4) public authorities shall respond to a person requesting information as soon as possible. The reasons for the

refusal to provide the information requested must be given

in writing.

Article 15

Development and research

(1) in support of the objectives of the Convention, the Contracting Parties, additional or

joint programmes of scientific or technical research and, in accordance with

How to usměrňovanými the Commission will forward to the Commission:

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

research, the results of which will be available for public administration,

(b) relevant parts of other programmes of scientific and technical research.

(2) the Contracting Parties shall take into account the work done by or

supported on these sections of the relevant international organisations

or agencies.

Article 16

Communication, warning and alarm systems, emergency plans

(1) Contracting Parties shall ensure the coordinated or joint communication,

warning and alarm systems in the entire catchment area to the extent necessary to

complement the systems established and operated at the level of the bilateral

agreements. They will consult on ways and means by which align their domestic

communication, warning and alarm systems and emergency plans.

(2) the Contracting Parties shall in the framework of the International Commission of mutually

inform the competent authorities or points of contact designated

to act in matters of such accidents, such as emergency

pollution, other critical water conditions, floods and ice operation. In

where necessary, the competent authorities will work together to

the introduction of common emergency plans, supplementary to existing plans,

at the bilateral level.

(3) in the event that a competent authority identifies a sudden increase

the occurrence of the hazardous substances in the river Danube or in waters in its catchment area

or becomes aware of a catastrophe or disaster, that is likely to cause

serious impacts on water quality of the river Danube and to affect the Contracting Parties

the River, that authority shall immediately inform the contact points designated and

The International Commission established by the Commission.

(4) to control and reduce the risks originating from floods and ice run

competent authorities will inform the downstream Danubian States,

that may be affected and the International Commission on the occurrence and the procedure

the flood, as well as predictions about the dangers of running of the ice.

Article 17

Mutual assistance

(1) in order to enhance cooperation and facilitate the fulfilment of the obligations

under this Convention, in particular in cases in which might arise

the critical situation of riverine conditions, the Contracting Parties shall provide the

mutual assistance at the request of the other Contracting Parties.

(2) the International Commission shall elaborate procedures for mutual assistance addressing,

to, inter alia, the following issues:

(a) the management, control, coordination and supervision of assistance;

(b) local facilities and services to be provided to the party

requesting assistance, including, in cases of necessity----accessibility

formalities for border crossing;

(c) the agreement on compensation for the assisting Contracting Party and/or its personnel, and

of any necessary transit through the territories of third parties, if necessary;

(d) the method of payment of the assistance services.



Article 18

Establishment, tasks and competences

(1) with a view to implementing the objectives and provisions of this Convention shall be established

The International Commission for the protection of the Danube River, which is in the Convention

referred to as the "International Commission". The Contracting Parties shall

cooperate in the context of this Commission. To meet the obligations of the parties

arising from articles 1 to 6 shall draw up International Commission proposals and

a recommendation addressed to Contracting Parties.

(2) the structure and procedures of the International Commission and its competencies are

specified in detail in annex IV to this Convention, which are the Statute of

This Commission.

(3) in addition to the matters it explicitly entrusted to it the International Commission

empowered to deal with all other matters, which it empowers

the mandate of the Contracting Parties in the framework of article 3 of this Convention.

(4) the implementation of the decisions adopted by the International Commission is

supported through the obligations of the Contracting Parties to report this

The Commission pursuant to article 10, and through the provisions of this Convention

relating to the establishment and implementation of a national multilateral


(5) the International Commission reviews experience acquired implementing this

Convention and as appropriate submits proposals to the Contracting Parties to the proposals

regarding changes or additions to this Convention or prepares the basis for

elaborating further regulations on the protection and water management of the Danube River

and of waters within its catchment area.

(6) the International Commission decides on the cooperation with international and

national organizations or with other bodies that operate or are

with an interest in the protection and water management of the river Danube and of waters within

its catchment area or in general questions of water protections and water

economy. This cooperation is aimed at improving the coordination and

the exclusion of duplicates.

Article 19

Transitional provisions relating to the Bucharest Declaration

The work carried out by the Contracting Parties in the framework of the Declaration on cooperation

the Danubian States on issues of water management in the Danube,

in particular, for the protection of the Danube River against pollution, signed 13. December 1985

(Declaration of Bucharest), working groups, information on the water quality

the floods and their predictions and water balance in the context of this

Of the Convention.



Article 20

The validity of the annexes

Annexes I to V form integral parts of this Convention and shall be subject to

the provisions of article 23.

Article 21

Existing and supplementary agreements

The Contracting Parties on the basis of equality and reciprocity shall adapt

existing bilateral and multilateral agreements and other arrangements, if

It will be necessary to eliminate the contradictions with the basic principles of the Convention, and will be

enter into supplementary agreements or other arrangements, where appropriate.

Article 22

The Conference of the parties

(1) the Contracting Parties shall meet upon recommendation by the International Commission.

(2) at such meetings the Contracting Parties shall consider in particular the crucial

policy issues relating to the implementation of this Convention based on

report of the International Commission and shall adopt appropriate recommendations or decisions.

(3) the Contracting Party whose head of delegation is the President of the international

the Commission, chaired this meeting also.

(4) the Conference of the Parties shall be entitled to issue recommendations or

the decision provided that after regular invitation are present for at least

two-thirds of the Contracting Parties. Unless otherwise provided for by this Convention,

the Conference of the Parties shall endeavour to reach agreement by consensus. If it is not

consensus can be achieved, the President shall declare that all efforts at

reaching a consensus have been exhausted. After such publication of the recommendations

or a four-fifths majority decision present and voting

of the Contracting Parties.

(5) the decision shall become binding on the first day of the 11th month, which

following the date of its adoption for all Contracting Parties which for them

voted and nevyrozuměly during that period, the Executive Secretary in writing

they are not in a position to accept this decision. However, such notification may be

withdrawn at any time: the appeal will take effect as soon as the Executive

the Secretary receives. This decision shall become binding on any other

the Contracting Party that has notified the Executive Secretary in writing that it is able to

to take this decision, and that from the moment of receipt of the notification or

from the first day of the 11th month following the date of adoption of this

According to the decision, whichever is later.

(6) If, however, the recommendation or decision would be subsequent financial

the impact of recommendations or decisions will be taken only by consensus.

Article 23

Amendments To The Convention

The Convention shall be amended as follows:

(1) any Contracting Party may propose amendments to this Convention. The text of the

proposal for amendment together with the proposal to convene a Conference of the parties,

communicated to the depositary, in writing, to the Contracting Parties to the Convention.

(2) if at least three quarters of the contracting parties support the proposal to convene a

the Conference of the parties to the Convention, the depositary shall convene a Conference of the parties to the

six months at the seat of the International Commission.

(3) the adoption of the amendment of the Convention to the Conference of the parties

requires consensus.

(4) the Adopted amendments will be forwarded to the Government the depositary-

opatrující Convention-the Contracting Parties for ratification, acceptance or

approval. Ratification, acceptance or approval of the amendments or supplements will be

notified in writing to the Depositary Government-.

(5) the amendment shall enter into force for those parties which is

shall be ratified, accepted or approved, on the thirtieth day after the date when the Government-

the depositary has received written notification of its ratification, acceptance or approval

at least four fifths of the Contracting Parties. After this date it will enter

changes and additions to any other party to enter into force on the thirtieth day

After the date on which the Contracting Party has deposited its instrument of ratification,

the acceptance and approval of amendments and supplements.

(6) the annexes I, II and III may be amended or supplemented by the International Commission

in accordance with article 5 of its Statute.

Article 24

Resolution of disputes

(1) where a between two or more parties to a dispute arises

regarding the interpretation or application of this Convention, the Parties shall address the

This dispute by negotiation or other means of dispute resolution to these parties

acceptable, as appropriate, with the assistance of the International Commission.


(a) if the parties to the dispute are unable to settle the dispute in accordance with paragraph

(1) of this article within a reasonable time, but not more than 12 months after the

the International Commission was one of the parties to the dispute shall be informed,

the dispute shall be referred to a compulsory decision to one of the following

conciliation dispute resolution:

-International Court of Justice,

-arbitration under 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 depositary that it

due to the nevyřešení of the dispute referred to in paragraph (1) of this article, the party

agrees with one or two ways to settle the dispute referred to in point (a)

(a) of this paragraph.

(c) if the parties to the dispute shall take the both ways of dispute settlement proceedings referred to in

point (a) of this paragraph, the dispute shall be referred to the International Court

the Court of Justice, unless both parties agree otherwise.

(d) if the parties to a dispute have not accepted the same means of resolving their

the dispute referred to in paragraph (a) of this paragraph, the dispute shall be referred to the


(e) a Contracting Party which has not made the Declaration referred to in subparagraph (b) of this

paragraph or whose declaration is no longer valid, shall be deemed to

compliant with the arbitration.

Article 25

The signature of the

The Convention will be exposed to the signature of the Danubian States that have full

the rights and privileges of membership in the United Nations

under the Charter of the United Nations and the European Community and other organizations

regional economic integration, to which these States as their members

Advanced competence in the matters regulated by this Convention in Sofia, Bulgaria

June 29, 1994.

Article 26

Ratification, acceptance or approval

The Convention is subject to ratification, acceptance or approval. The instrument of

ratification, acceptance or approval shall be deposited with the Government of Romania,

that will perform the functions of depositary of this Convention.

Article 27

Entry into force

The Convention shall enter into force on the ninetieth day following the deposit

the ninth document ratification, acceptance, accession or approval. For

each State or regional economic integration organization

ratifikující, receiving, approving or acceding to the Convention after the

When the ninth was saved the document of ratification, acceptance, approval or

accession, the Convention shall enter into force on the 90th day after the

deposited a document of ratification, acceptance, approval or accession

of that State or organization.

Article 28

Accession, participation

(1) a State or a regional economic integration organization referred to in

Article 25 of this Convention, which has not signed/á/and this Convention, you may get this

Accede. The instruments of accession shall be deposited with the depositary.

(2) the Contracting Parties may unanimously invite any other State or

regional economic integration organization to accede or to participate

on this Convention in an advisory capacity.

Article 29

The resignation of

At any time after the expiry of five years from the date on which this Convention has entered into

force, due to some party that Contracting Party from

withdraw this Convention by written notification to the depositary. Each such

withdrawal shall take effect one year after the date of this notice

have been received by the depositary.

Article 30

The functions of the depositary

Convention opatrující Government shall act as depositary of this Convention.

The depositary shall inform the Contracting Parties shall in particular:

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

accession, of withdrawal or of documents of any other information,

declarations and documents relating to this Convention,

(b) the date on which this Convention enters into force.

Article 31

Authentic texts, depositary

The original texts of this Convention, of which the English and German versions are

equally authentic, shall be deposited with the Government of Romania which shall circulate

its certified copy to the Contracting Parties.

In witness whereof the undersigned, being duly authorised thereto by their respective

Governments, have signed this Convention on cooperation for the protection and reasonable

the use of the river Danube (Convention for the protection of the Danube).

Done at Sofia, 29 April 2004. June 1994.

Annex I To The

Part 1:

Best available technology

1. the use of the best available technologies, stresses the use of

non-waste technology, if available.

2. the term "best available technology" means in a given area

the last State of development (State of the art) of processes, of facilities or

operating methods which show the practical suitability of a particular measure

for limiting discharges, emissions and waste. When assessing whether

a set of processes, facilities or methods of operation constitute the best

available technology in general or in special cases, special

attention must be paid to:

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

at the present time been successfully tried out,

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

(c) the economic feasibility of such technology,

(d) the time constraints of the installation in both new as well as existing


(e) the nature and quantity of the discharges and emissions.

3. From the above it follows that the definition of "best available technology"

for a given process will change with time in the light of technological progress,

Economic and social factors, as well as in the light of new scientific

knowledge and understanding.

4. If the best available technology shall not restrict the discharge of substances

and emissions to the extent acceptable from the standpoint of the environment, must be

still, additional measures are applied.

5. the concept of "Technology" includes both the technology used and the ways

What are the installation designed, constructed, maintained,

operated and disposed of.

Part 2:

Best environmental practice

1. Best environmental practice means the application of the most appropriate connection

measures and strategy of environmental protection, the sector in question.

2. In determining what combination of measures constitute best

environmental practice, in general or in individual cases, should be

Special attention is given to:

-the principle of preventive care

-the principle of responsibility: environmental products and their

the production, use and disposal of

-the principle of minimizing: investigation resources, including energy and the refund less

polluting activities or substances,

-extent of use

-the potential benefit or harm to the environment

for activities or materials

-progress and changes in scientific knowledge and understanding of the issues

time limits for implementation-

-social and economic consequences.

3. From the above it follows that the "best environmental practice" for a specific

the source will change over time, as technologies evolve,

Economic and social factors and scientific knowledge and understanding of the issues.

4. If the reduction of the impacts arising from the use of best environmental

the practice does not lead to environmentally acceptable results in terms of the environment,

must be applied even more additional measures and at the same time again

defined the concept of best environmental practices.

Annex II To The


Part 1:

List of industrial sectors and industries

(1) for the production of heat, energy, and mining sectors:

(a) the processing of flue gases and exhaust air, condensate from the

incineration plants, slag

(b) cooling systems

(c) coal preparation, ore

(d) Refinement obtaining valuable products and coal from the coal,


(e) the production of charcoal, activated carbon and soot.

(2) in the stone and Earth industry, the building materials, glass industry and


(a) Manufacture of fibrous cement and fibrous cement products

(b) manufacture and processing of glass, glass fibres and mineral fibres

(c) manufacture of ceramic products.

(3) in the sector of metals:

(a) processing and metalworking: elektropokovování-electroplating

mořírny, racing on electrolytic oxidization, leštírny, zinc-plating

flame hardening shops, printed circuit production, manufacture of batteries, enamelling works,

mechanical workshop, leštírny sliding tracks and Rails

(b) the production of iron and steel, including foundries

(c) the production of non-ferrous metals, including foundries

(d) the production of ferro-alloys.

(4) in the inorganic chemistry sector:

(a) manufacture of basic chemicals

(b) manufacture of mineral acids, bases and salts

(c) Manufacture of alkalis, alkali lyes and chlorine-alkali electrolysis


(d) manufacture of mineral fertilizers (excluding potash fertilizers), acid salts

phosphoric acid, phosphate for feed

(e) the production of sodium carbonate (soda)

(f) manufacture of corundum

(g) the production of inorganic pigments, mineral pigments

(h) manufacture of semi-conductors, rectifiers, photoelectric cells

(i) the production of explosives, including Fireworks

(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) the production and processing of man-made fibres

(d) the production and processing of plastics, rubber and rubber

(e) Manufacture of organic halogen compounds

(f) manufacture of organic explosives, solid fuels

(g) production of auxiliaries for the production of leather, paper and textiles

(h) Manufacture of pharmaceuticals

(i) the production of biocides

(j) the production of raw materials for washing and cleaning products

(k) manufacture of cosmetics

(l) the production of gelatine, skin glue, adhesives.

(6) in the sector of mineral and synthetic oils:

(a) mineral oil Processing, manufacture and refining of products from

mineral oils, production of hydrocarbons

(b) the oil regeneration of mixtures of oils in the water, plants, deemulsifikační

regeneration and the processing of waste oils

(c) manufacture of synthetic oils.

(7) in the printers, printing plants, in the sectors of the surface

the processing and manufacture of plastic sheeting and other forms of processing

resins and plastics:

(a) the production of printed and graphic products, reproshops

(b) Copy and film laboratories

(c) the production of film and video and audio carriers

(d) the production of coated and impregnated materials.

(8) in the wood industry, pulp and paper and pulp production:

(a) manufacture of pulp, paper and cardboard

(b) the production and finishing of wood fibre boards.

(9) in the sectors of textiles, leather and fur:

(a) the manufacture of textile finishing

(b) manufacture of leather, leather finishing and leather manufacture

(c) dry cleaning, laundry, laundry detergent, and wool textiles.

(10) other sectors:

(a) recycling, treatment, storage, loading, unloading and storing

of waste and residual materials; storage, loading and unloading, and

transportation of chemicals

(b) medical and scientific research and development, hospitals, medical practices,

radiological institutions, laboratories, test service

(c) Industrial dry cleaning, cleaning of industrial containers

(d) Car repair shops, car washes vehicles

(e) wastewater treatment plant and water treatment plants

(f) Painting and decorating operations

(g) the production and processing plants of plant and animal extracts

(h) manufacture and processing of microorganisms and viruses with in-vitro

recombined nucleic acids

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

Part 2:

Indicative list of hazardous substances and groups of substances


Priority groups of substances

(a) heavy metals and their compounds

(b) organohalogen compounds

(c) organic compounds of phosphorus and Tin

(d) means of protection of plants, pesticides (fungicides, herbicides,

insecticides, algaecides) and chemicals used for the manufacture of wood,

cellulose, paper, hides and textiles

(e) oils and hydrocarbons of petroleum origin

(f) other organic compounds especially harmful to water environment

(g) inorganic compounds of nitrogen and phosphorus

(h) radioactive substances, including wastes.


The individual dangerous substances

Because there are considerable differences in the nature of the hazards of substances

included in certain groups, it is necessary also to emphasize some

the individual substances which in practice can play an important role.

Substance CAS No.

1. mercury 7439976

2. cadmium 7440439

3. Copper 7440508

4. Zinc is missing data

5. lead 7439921

6. Arsen 7440382

7. Chrome is missing data

8. Nickel 7440020

9. Boron is missing data

10. information is missing from the Cobalt

11. Selenium 7782492

12. Silver is missing data

13. Drins-

14. HD 608731

15. DDT 50293

16. Pentachlorophenol 87865

17. Hexachlorobenzene 118741

18. Hexachlorobutadiene 87683

19. Carbontetrachloride 56235

20. Chloroform 67663

21. Trifluralin 1582098

22. Endosulfan 115297

23. Simazine 122349

24. Atrazine 1912249

25. compounds tributyltin-

26. of triphenyltin compounds-

27. Azinphos-ethyl 2642719

28. Azinphos-methyl 86500

29. Fenitrothion 122145

30. Fenthion 55389

31. Malathion 121755

32. Paration 56382

33. methyl Paration 298000

34. Dichlorvos 62737

35. Trichlorethylene 79016

36. Tetrachloretylen 127184

37. Trichlorobenzene-

38. Dichloretan 1.2 107062

39. Trichloroethane, 71556

40. Dioxins are missing information

Annex III


Water quality objectives and criteria developed for specific sections of the river

The river Danube and for surface waters within its catchment area will be:

(a) take into account the possibility of maintaining and, where necessary, also

improving the existing water quality;

(b) focus on the reduction of average pollution loads and concentrations of

(in particular hazardous substances) to a certain extent (namely the set) for

a certain period of time;

(c) take into account specific water-quality requirements (raw water for

drinking purposes, irrigation, etc.);

(d) take into account specific requirements for sensitive and specially protected

waters and their environment, for example. Lakes, protected areas for through shore

infiltration and wetlands;

(e) based on the use of biological classification methods and chemical

indices for the medium-and long-term maintenance and improvement of the quality of the reports


(f) take into account the extent to which objectives set are achieved and to which

It may be desirable in individual cases apply additional protective


Annex IV


Structures and procedures of the International Commission, a supplement to the provisions of article 18, shall be

designated as follows:

Article 1:

The composition of the

(1) the International Commission shall be composed of delegations appointed by the Contracting

parties. Each Contracting Party shall appoint not more than five delegates, including

the head of delegation and his Deputy.

(2) in addition each delegation may recruit the necessary number of experts for

discussion of special issues, whose names will be communicated to the

the Secretariat of the International Commission.

Article 2:

The Presidency of the

(1) the Chair of the International Commission the Contracting Parties considered

alternately in alphabetical order (in English) for a period of one year. The delegation of the

holding the Presidency shall appoint one of its members as

the President of the International Commission.

(2) meetings of the International Commission President usually does not act on behalf of the

its own delegation.

(3) for more details concerning the Presidency are set out

The International Commission and included in its rules of procedure.

Article 3:

The negotiations

(1) the International Commission shall meet at least once a year, regular meetings

the challenge of the President on the spot by the President.

(2) Extraordinary meetings shall be convened by the President at the request of at least three


(3) in the interim between meetings of the Commission may be held meeting of Heads of


(4) the President proposed to the rules of the program. This includes the report of the Permanent

the Working Group and its expert groups. Each delegation shall have the right to

design on the agenda items on the agenda that it wishes to discuss.

The order of consideration of the individual points of the programme is addressed to the International

the Commission, by majority vote.

Article 4:

Decision making

(1) each delegation shall have one vote.

(2) Notwithstanding the provisions of paragraph (1) of this article has, within its

competence of the European Union the right to the same number of votes, how many

between the Member States parties to this Convention. This organization

This does not, however, its right to vote in cases where this right

apply its individual Member States, and vice versa.

(3) the International Commission is quorate, if present

a delegation of at least two-thirds of the Contracting Parties.

(4) written procedures may be applied under the conditions laid down in

the rules of procedure of the International Commission.

Article 5:

Adoption of decisions

(1) decisions and recommendations will be made on the basis of consensus

of the Contracting Parties. If consensus is not attainable, the President of the

The International Commission will announce that all options to achieve a consensus already

have been exhausted. If it is not otherwise provided for, the Convention in this

If the International Commission decisions or recommendations, for which

It will be four-fifths majority vote of those present and voting


(2) the decision shall become binding on the first day of the 11th month following the date of

its adoption for all Contracting Parties that voted for it and that

During this time, fails to notify the Executive Secretary in writing that they are not able to

accept the decision. However, such notification may be withdrawn

at any time; This cancellation shall take effect upon its delivery to the Executive

Secretary. Such a decision shall be binding on any other Contracting

the party, which the Executive Secretary in writing that it is able to

the decision to take, and that from the moment of receipt of such notes or from the first

the day of the eleventh month following receipt by the date

is later.

Article 6:

Expert bodies

(1) the International Commission shall establish a permanent working group. For some

the area of work and for specific problems will be created by the expert group

permanent or ad hoc basis.

(2) the standing working group and the expert groups consist of delegates and

experts appointed by the Commission delegations.

(3) the standing working group is made up of delegates from all of the

party. The International Commission shall appoint its Chairman and determines the maximum number of

delegates. The International Commission shall also designate the number of experts participating in the

the work of expert groups.

Article 7:

The Secretariat of the

(1) a permanent secretariat is hereby established.

(2) the Permanent Secretariat has its headquarters in Vienna.

(3) the International Commission shall appoint the Executive Secretary and shall take the measures

for the appointment of the necessary additional personnel. On this the Commission shall

the obligations associated with the functions of the Executive Secretary and the conditions under which

This place may be zastáváno.

(4) the Executive Secretary will carry out the functions necessary to manage the Convention and

for the activities of the International Commission as well as the other tasks entrusted to the

the Executive Secretary of the International Commission pursuant to the rules of procedure and its

the financial rules.

Article 8:

Delegation of professional experts

In the context of the assessment, evaluation of the results obtained and for the analysis of

Special issues of the International Commission may entrust particularly

qualified persons, scientific institutions or other devices.

Article 9:


The International Commission the Contracting Parties an annual report on their

activities and other reports, as appropriate, in particular, also include

the results of monitoring and assessment.

Article 10:

Legal capacity and representation

(1) the International Commission shall enjoy the legal capacity, which is needed to

the performance of its functions and the implementation of the objectives, in accordance with the laws of the

the State in which the seat of the Secretariat.

(2) the International Commission shall be represented by its President. Representation

The Commission will be in the details of the modified rules of procedure.

Article 11:

The cost of

(1) the International Commission shall adopt its financial rules.

(2) the Commission shall adopt an annual or biennial budget of proposed expenditures and

přezkušuje the draft budget for the following economic period.

(3) the total amount of the budget, including any Commissions received

supplementary budgets, shall be borne by the Contracting Parties, in addition to the European

Economic Community, in equal parts, where the Commission, acting unanimously

has not acted differently.

(4) the European Economic Community shall contribute to the budget to a maximum of 2.5

% of the administrative costs.

(5) each Contracting Party shall bear costs associated with the participation of their representatives,

experts and advisers at the Commission.

(6) each Contracting Party shall bear the costs of the common monitoring and evaluation

carried out in its territory.

Article 12:

The rules of procedure

The International Commission shall adopt its own rules of procedure.

Article 13:

Conference languages

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

Annex V


(1) the Arbitration Procedure, referred to in article 24 of this Convention, the

in accordance with paragraphs (2) through (10) of the following:

(2) (

and receiving) where the dispute to arbitration pursuant to article 24, paragraph 1. (2)

This Convention will be the arbitral tribunal established on the request of one party

addressed to the other party to the dispute. The request for arbitration shall contain the subject of the

of the application including in particular the articles of the Convention, the interpretation or

whose application is in dispute.

(b) the requesting Party shall inform the International Commission that it has requested an

the establishment of an arbitral tribunal, stating the name of the other party to the dispute and the articles of

Convention, the interpretation or the application of which, in its

opinion, is in dispute. The petitioner and the other party can be more

of the Contracting Parties. The International Commission shall submit the information thus obtained

all Contracting Parties to the Convention.

(3) the arbitral tribunal shall consist of three members: both sides of the dispute, i.e.,.

the proposing party or parties and the other party or parties to the dispute, shall appoint a

one arbitrator within two months; the two arbitrators shall determine together into two

months of the third arbitrator, who shall be Chairman of the Tribunal. This third

the arbitrator will not be a citizen of one of the parties, and will not have their

residence in the territory of one of these parties, nor will either party

employed, nor did this case on the basis of another



(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

the Court of Justice who shall designate the President of the arbitral tribunal to the other

two months. The President of the arbitral tribunal shall request the following his appointment

the party, which has not appointed an arbitrator to do so within two months.

If, after this time the arbitrator was not approved, the President of the

to inform the President of the International Court of Justice who shall make this

appointment within a further two months.

(b) if the Chairman of the arbitral tribunal has not been appointed within two

months after the appointment of the second arbitrator, the President of the International Court of

the Court, at the request of either party, shall appoint the Chairman of the arbitral

the Tribunal in the next two months.


(a) the arbitral tribunal will decide according to the rules of the international

rights and, in particular, pursuant to the provisions of this Convention.

(b) the arbitral tribunal established pursuant to the provisions of this annex it myself

shall draw up its rules of procedure.

(c) in the event of a dispute as to whether the arbitral tribunal has the appropriate

jurisdiction, the matter will be determined by decision of the arbitral

of the Tribunal.


(a) the decision of the arbitral tribunal, both on procedure and on substance

itself will be taken by a majority of its members.

(b) the arbitral tribunal may use all appropriate measures to identify

the facts. The Tribunal may, at the request of either party to prescribe

Basic temporary protective measures.

(c) If two or more arbitral tribunals established by

the provisions of this annex are seized of the request in identical or similar

the subject can inform themselves about the discovery procedures

the facts and take them into account, then, as possible.

(d) the parties to the dispute shall provide all facilities necessary for the

the efficient conduct of the negotiations.

(e) the absence of the parties to the dispute does not constitute an obstacle to the arbitral proceedings.

(7) If, due to the particular circumstances of the case unless the arbitration

otherwise, the General expenditure on the activity of the Tribunal, including the remuneration of its

Members, paid by the parties to the dispute in equal shares. The General Court shall keep records of

all its expenses and shall provide to the parties a final invoice.

(8) the arbitral tribunal shall issue to the arbitration decision (judgment) to five

months from the date it was established, unless it finds it necessary to

to extend this time limit for a period which should not exceed five


(9) any Contracting Party that has an interest of a legal nature in the subject

the dispute and may be affected by the decision in this case, you may

the consent of the arbitral tribunal to the arbitral proceedings.

The decision of the Arbitration Tribunal of arbitration will be binding on the

the intervening party in the same way as for the parties to the dispute.

(10) (

the decision of the arbitral tribunal) will be accompanied by his justification.

Decision will be final and binding on all the parties to the dispute. The decision of the

the Arbitration Tribunal, the parties and passed to the International Commission.

The International Commission shall provide acquired information to all parties.

(b) any disputes which may arise between the parties regarding the

the interpretation or enforcement of a judgment may be either of the two parties

referred to the Arbitration Tribunal, which issued the decision, or

If this dispute can not take, the Tribunal constructed

to this end, in the same way as in the first case.

*) Water quality objectives and criteria are usually individually determined and

adapted to the prevailing conditions in relation to ecosystems, water

resources and their use. Therefore, in the framework of the Convention are given only General

the directive intended for the Contracting Parties.