Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47840&nr=122~2F1999~20Sb.&ft=txt
The COMMUNICATION FROM the
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:
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.
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.
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
(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.
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.
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.
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.
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
(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.
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.
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.
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
(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
(e) the appointment of competent institutions in matters of cooperation in the
under this Convention, the International Commission or by other Contracting
(f) communication of information on planned activities that may by reason of the
their nature likely to cause transboundary impact.
(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.
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.
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.
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
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
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.
(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.
THE INTERNATIONAL COMMISSION
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
(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.
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.
PROCEDURAL AND FINAL CLAUSES
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.
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.
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.
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
(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.
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.
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.
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.
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.
(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.
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.
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.
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
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.
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
INDUSTRIES, HAZARDOUS SUBSTANCES
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).
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
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
38. Dichloretan 1.2 107062
39. Trichloroethane, 71556
40. Dioxins are missing information
THE GENERAL DIRECTIVE ON THE OBJECTIVES AND CRITERIA OF WATER QUALITY ^ *)
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
THE STATUTE OF THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE DANUBE RIVER
Structures and procedures of the International Commission, a supplement to the provisions of article 18, shall be
designated as follows:
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.
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.
(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.
(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.
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
(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.
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.
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.
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.
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.
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.
The rules of procedure
The International Commission shall adopt its own rules of procedure.
The official languages of the International Commission are English and German.
(1) the Arbitration Procedure, referred to in article 24 of this Convention, the
in accordance with paragraphs (2) through (10) of the following:
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.
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.
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