Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Given Articles 52 to 55 of the Constitution;
Law No. 2002-1004 of 19 July 2002 authorising the approval of the Convention for the Protection of the Rhine (together an annex and a signature protocol);
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of commitments France;
Given Decree No. 65-439 of 9 June 1965 on the publication of the Agreement concerning the International Commission for the Protection of the Rhine against Pollution of 29 April 1963;
In the light of Decree No. 85-318 of 7 July 1985 publication of the Convention on the Protection of the Rhine against Chemical Pollution, set out in six annexes, signed at Bonn on 3 December 1976;
In view of Decree No. 96-423 of 13 May 1996 on the publication of the Protocol Additional to the Convention of 3 December 1976 on the protection of the Rhine from pollution by chlorides (set four annexes), signed in Brussels on 25 September 1991;
In light of Decree No. 98-911 of 5 October 1998 on the publication of The Convention on the Protection and Use of Transboundary Watercourses and International Lakes, done at Helsinki on 17 March 1992 and signed by France on 18 March 1992;
In light of Decree No. 2000-830 of 24 August 2000 on the publication of The Convention for the Protection of the Marine Environment of the North-East Atlantic (set four annexes and two appendices), signed in Paris on 22 September 1992,
Décrète:
The Convention for the Protection of the Rhine, together with an Annex and a Memorandum of Signing, made in Bern on 12 April 1999, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of Business Shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
C O N V E N T I O N
FOR PROTECTION OF RHIN
(AN ANNEX AND SIGNATURE PROTOCOL)
Governments of the
Republic of Germany;
-of the Republic French;
-du Grand-Duché de Luxembourg;
-from the Kingdom of the Netherlands;
-from the Swiss Confederation,
and the European Community,
desiring, on the basis of a global vision, to work towards sustainable development Of the Rhine ecosystem taking into account the natural wealth of the river, its banks and its alluvial zones;
Desiring to strengthen cooperation in the conservation and improvement of the Rhine ecosystem;
Referring to the Convention of 17 March 1992 on the Protection and Use of Transboundary Watercourses and International Lakes, as well as the Convention of 22 September 1992 for the Protection of the Marine Environment of the North-East Atlantic;
Work carried out under the agreement of 29 April 1963 on the International Commission for the Protection of the Rhine against Pollution and the Additional Agreement of 3 December 1976;
Considering the need to continue The improvement of the quality of water obtained thanks to the Convention of 3 December 1976 on the protection of the Rhine against chemical pollution and the action programme " Rhine " September 30, 1987;
Recognizing that remediation of the Rhine is also necessary in order to preserve and improve the North Sea ecosystem;
Conscious of the importance of the Rhine as a European waterway and its various uses,
have agreed as follows:
Article 1
Definitions
For the purposes of this Convention, "
a)" Rhine " : the Rhine from the exit of the Lower Lake and, in the Netherlands, the Bovenrijn arms, Bijlands Kanaal, Pannerdensch Kanaal, IJssel, Nederrijn, Lek, Waal, Boven-Merwede, Beneden-Merwede, Noord, Oude Maas, Nieuwe Maas and Scheur and the Nieuwe Waterweg to the base line, as defined in Article 5 in relation to Article 11 of the United Nations Convention on the Law of the Sea, Ketelmeer and IJsselmeer;
(b) " Commission " : International Commission for the Protection of the Rhine (ICRP).
Article 2
Scope
The scope of this Convention includes:
a) The Rhine:
b) Groundwater interacting with the Rhine;
c) Aquatic and terrestrial ecosystems interacting with or including the Rhine Interactions with the Rhine could be re-established;
d) The Rhine catchment area, to the extent that the pollution caused by substances has harmful effects on the Rhine;
e) The Rhine watershed when it has a role Important in flood prevention and flood protection along the Rhine.
Article 3
Objectives
By this Convention, the Contracting Parties shall pursue the objectives Following:
1. Ensuring the sustainable development of the Rhine ecosystem, in particular:
a) By preserving and improving the quality of the Rhine waters, including the quality of suspended solids, sediments and groundwater, in particular by ensuring:
-prevent, reduce or eliminate, to the extent possible, pollution from harmful substances and nutrients of point origin (e.g. Industrial and urban), of diffuse origin (e.g. Agricultural and originating traffic), also those originating from groundwater, as well as those caused by navigation;
-to ensure and improve the safety of installations and to prevent incidents and accidents;
(b) By protecting the Populations of organisms and species diversity and by reducing contamination by harmful substances in organisms;
(c) By preserving, improving and restoring the natural function of water; by ensuring flow management Which takes into account the natural flux of solids and promotes interactions between the river, groundwater and alluvial areas; preserving, protecting and reactivating alluvial zones as natural spreading zones of the Floods;
d) By preserving, improving and restoring habitats as natural as possible for wild fauna and flora in the water, the bottom and on the banks of the river and in adjacent areas, including by improving the habitat of the Fish and restoring their free circulation;
e) Ensuring environmental and rational management of water resources;
f) Taking into account environmental requirements when implementing measures Watercourse development techniques, such as flood protection, navigation and hydroelectric development; and
2. Ensure the production of drinking water from the waters of the Rhine;
3. Improve sediment quality so that dredged material can be discharged or applied without negative environmental impact;
4. Prevent flooding and provide protection against flooding in a global context, taking into account environmental requirements;
5. To help clean up the North Sea in connection with other protective actions of this sea.
Article 4
Principles
Contracting Parties are guided by the following principles :
(a) Precautionary principle;
(b) Principle of preventive action;
(c) Principle of correction, by priority at source;
(d) Polluter-pays principle;
(e) Principle of non-increase in nuisance;
(f) Principle of Compensation in case of major technical interventions;
g) Principle of sustainable development;
h) Application and development of the state of the art and best environmental practice;
i) Principle of non-transfer of Pollution of the environment from one environment to another.
Article 5
Commitments by Contracting Parties
In order to achieve the objectives referred to in Article 3 and in accordance with the principles cited in Article 4, the Contracting Parties undertake:
1. To strengthen their cooperation and to inform each other, in particular on the actions carried out on their territory in order to protect the Rhine;
2. To implement on their territory international measurement programmes and studies of the Rhine ecosystem decided by the Commission and to inform the Commission of their results;
3. Conduct analyses to identify causes and causes of pollution;
4. To enter into their territory the autonomous actions which they consider necessary and to ensure at least:
(a) Submit the discharge of waste water which may have an impact on the quality of the waters to a prior authorisation or to a General regulation where emission limits are set;
b) Gradually reduce releases of hazardous substances for the purpose of no longer discharge such substances;
c) Monitor compliance with authorities or General regulations and rejection;
d) Periodically verify and adapt authorisations or general regulations to the extent that substantial changes in the state of the art permit or the state of the environment Receptor makes it necessary;
e) Reduce as much as possible through regulations the risks of pollution from incidents or accidents and make the necessary emergency arrangements;
f) Submit the interventions Techniques that could seriously damage the ecosystem to a prior authorization with required obligations or general regulation;
5. To take the necessary action in their territory to implement the Commission's decisions in accordance with Article 11;
6. Notify without delay in the event of incidents or accidents whose effects could present a risk to the quality of the waters of the Rhine or in the event of imminent floods, the Commission and the Contracting Parties liable to be affected, according to the Warning and alert plans coordinated by the Commission.
Article 6
Commission
1. For the implementation of this Convention, the Contracting Parties shall continue their cooperation within the framework of the
. The Commission has legal personality. In the territory of the Contracting Parties, it shall, in particular, enjoy the legal capacity accorded to legal persons by national law. It is represented by its President.
3. The law at headquarters applies to labour legislation and social issues.
Article 7
Organization of the Commission
1. The Commission shall be composed of the delegations of the Contracting Parties. Each Contracting Party shall designate its delegates including a head of delegation.
2. Experts can be reached by delegations.
3. The Presidency of the Commission shall be held for three years successively by each delegation in the order of the Contracting Parties as set out in the preamble. The delegation holding the Presidency shall appoint the President of the Commission. The Chair does not act as spokesperson for his delegation.
If a Contracting Party waives the exercise of its Chair, it will be assumed by the following Contracting Party.
4. The Commission shall establish its internal and financial rules.
5. The Commission shall decide on the internal organisational measures, the working structure it deems necessary and the annual operating budget.
Article 8
Commission tasks
1. In order to achieve the objectives set out in Article 3, the Commission shall carry out the following tasks:
a) It shall prepare the international measurement and studies programmes of the Rhine ecosystem and shall use the results in cooperation, if Necessary, with scientific institutions;
b) It develops proposals for individual actions and action programmes, possibly incorporating economic instruments and taking into account the expected costs;
(c) It Coordinates the warning and warning plans of the Contracting States on the Rhine;
(d) It assesses the effectiveness of the measures decided, in particular on the basis of the reports of the Contracting Parties and the results of the measurement programmes and the Studies of the Rhine ecosystem;
e) It performs other tasks assigned to it by the Contracting Parties.
2. For this purpose, the Commission shall take decisions in accordance with Articles 10 and
. The Commission shall provide an annual activity report to the Contracting
. The Commission shall inform the public of the state of the Rhine and the results of its work. It can prepare and publish reports.
Article 9
Plenary Assembly Meetings
1. The Commission shall meet in ordinary plenary once a year upon convocation by its President.
2. Extraordinary plenary meetings are convened by the President, on his initiative or at the request of at least two delegations.
3. The Chairman proposed the agenda. Each delegation has the right to have the items on the agenda included in the agenda.
Article 10
Commission decision-making
1. Decisions of the Commission are taken unanimously.
2. Each delegation has one vote.
3. If action to be taken by the Contracting Parties in accordance with Article 8 (1) (b) falls within the competence of the European Community, the European Community shall exercise its right to vote with a number of votes equal to the number of its Member States which are Contracting Parties to this Convention, notwithstanding paragraph 2. The European Community shall not exercise its right to vote in cases where its member states exercise theirs and vice
. The abstention of one delegation does not stand in the way of unanimity. This provision does not apply to the Delegation of the European Community. The absence of a delegation is equivalent to one abstention.
5. The rules of procedure may provide for a written procedure.
Article 11
Implementation of Commission decisions
1. The Commission shall address to the Contracting Parties, in the form of recommendations, its decisions concerning the actions provided for in Article 8 (1) (b), which shall be implemented in accordance with the internal law of the Contracting
. The Commission may decide that these decisions:
a) Should be implemented by the Contracting Parties on a schedule;
b) Should be implemented in a coordinated manner.
3. Contracting Parties shall report regularly to the Commission on:
(a) The legislative, regulatory or other measures they have taken to implement the provisions of this Convention and on the basis of decisions The Commission;
(b) The results of the actions implemented in accordance with paragraph (a);
c) The problems with the implementation of the shares referred to in paragraph a.
4. If a Contracting Party is unable to implement the decisions of the Commission in whole or in part, it shall in fact report within a specific time limit to be fixed on a case-by-case basis by the Commission and shall present the reasons. Any delegation may file a request for consultation, to which it must be given within two months.
On the basis of the reports of the Contracting Parties or consultations, the Commission may decide that Actions to promote the application of decisions.
5. The Commission shall draw up a list of its decisions addressed to the Contracting Parties. The Contracting Parties shall, on an annual basis, complete the Commission's list by updating the implementation status of the Commission's decisions no later than two months before the Commission's plenary meeting.
Article 12
Commission Secretariat
1. The Commission has a permanent secretariat which carries out the tasks delegated to it by the Commission and is headed by a head of the secretariat.
2. The Contracting Parties shall establish the seat of the
. The Commission appoints the head of the secretariat.
Article 13
Apportionment of costs
1. Each Contracting Party shall bear the costs of its representation in the Commission and its working structure and each Contracting State shall bear the costs of the studies and the actions it carries out on its own
. The apportionment of the costs of the annual operating budget between the Contracting Parties shall be fixed in the Commission's internal and financial rules.
Article 14
Cooperation with others States,
from other organizations and external experts
1. The Commission shall cooperate with other intergovernmental organizations and may make recommendations to
. The Commission may recognize as observers:
a) States that have an interest in the work of the Commission;
b) Intergovernmental organizations whose work is related to the Convention;
c) Non-governmental organizations To the extent that their areas of interest or activities are affected.
3. The Commission shall exchange information with non-governmental organisations, insofar as their areas of interest or activities are concerned. The Commission shall, in particular, collect the opinion of these organisations before deliberation, if decisions which may have a significant impact on these organisations must be taken, and then inform them as soon as these decisions have been taken.
4. Observers may submit information or reports to the Commission that are relevant to the objectives of the Convention. They may be invited to participate in meetings of the Commission without voting rights.
5. The Commission may decide to consult with specialised representatives of recognised non-governmental organisations or other experts and invite them to meetings of the
. The rules of procedure and financial rules shall determine the conditions of cooperation and the conditions for admission and participation required.
Article 15
Working languages
German, French and German Dutch are the working languages of the Commission. The rules of procedure and financial rules define the terms and conditions.
Article 16
Dispute Settlement
1. In the event of a dispute between Contracting Parties concerning the interpretation or application of the Convention, those Parties shall seek a solution by negotiation or by any other method of dispute settlement that they consider to be Acceptable.
2. If the dispute cannot be resolved in this manner, it shall, unless the Parties to the dispute otherwise dispose of it, submit, at the request of one of them, to arbitration in accordance with the provisions of the Annex to this Convention, which is Part of this Convention.
Article 17
Entry into Force
Each Contracting Party shall notify the Government of the Swiss Confederation of the completion of the procedures required for the In force of this Convention. The Government of the Swiss Confederation shall confirm receipt of the notifications and shall also inform the other Contracting Parties. The Convention shall enter into force on the first day of the second month following receipt of the last notification.
Article 18
Denunciation
1. At the expiration of a period of three years after its implementation, this Convention may be denounced at any time by each Contracting Party by a written declaration addressed to the Government of the Swiss Confederation.
2. The denunciation of the Convention shall take effect at the end of the year following the year of denunciation.
Article 19
Repeal and maintenance of the law in force
1. The following shall be repealed upon entry into force of this Convention, notwithstanding paragraphs 2 and 3 of this Article:
(a) The Agreement of 29 April 1963 on the International Commission for the Protection of the Rhine against Pollution;
(b) The Additional Agreement of 3 December 1976 to the Agreement of 29 April 1963 concerning the International Commission for the Protection of the Rhine against Pollution;
(c) The Convention of 3 December 1976 on the Protection of the Rhine against Pollution Chemical.
2. Decisions, recommendations, limit values and other arrangements adopted on the basis of the Agreement of 29 April 1963 concerning the International Commission for the Protection of the Rhine against Pollution and the Additional Agreement of 3 December 1976, And on the basis of the Convention of 3 December 1976 on the protection of the Rhine against chemical pollution, shall remain applicable without any change in their legal nature, to the extent that they are not explicitly repealed by the Commission.
3. The apportionment of the costs of the annual operating budget set out in Article 12 of the Agreement of 29 April 1963 concerning the International Commission for the Protection of the Rhine against Pollution, as amended by the Additional Agreement of 3 December 1976, remains in effect until the Commission has fixed an allocation in the rules of procedure and financial regulation.
Article 20
Original text and deposit
This Convention, drafted In the German, French and Dutch languages, the three texts being equally authentic, shall be deposited with the Government of the Swiss Confederation, which shall deliver a certified copy thereof to each of the Contracting
. 12 April 1999.
For Governments:
-from the Federal Republic of Germany:
-from the French Republic:
-from the Grand Duchy of Luxembourg:
-from the Kingdom of the Netherlands:
-from the Swiss Confederation:
For the European Community:
Arbitration
1. Unless otherwise provided by the Parties to the dispute, the arbitration procedure shall be conducted in accordance with the provisions of this
. The arbitral tribunal shall consist of three members. The complaining Party and the responding Party shall each appoint an arbitrator. The two arbitrators thus appointed shall designate by common accord the third arbitrator who assumes the chairmanship of the Tribunal.
If, after a period of two months from the appointment of the second arbitrator, the presiding arbitrator has not been appointed, The President of the International Court of Justice shall, at the request of the most diligent party, within a further two months, designate it.
3. If, within two months of the receipt of the request under Article 16 of the Convention, one of the Parties to the dispute has not made the appointment of a member of the court, the other Party may refer the matter to the President of the International Court of Justice designating the President of the arbitral tribunal within a further two-month period. Upon designation, the Chairman of the arbitral tribunal shall request the Party which has not appointed an arbitrator to do so within two months. After this period, he shall refer the appointment to the President of the International Court of Justice in a new period of two
. If, in the cases referred to in the preceding paragraphs, the President of the International Court of Justice is prevented or if he is a national of one of the Parties to the dispute, the appointment of the President of the arbitral tribunal or the appointment of The arbitrator shall be the vice-chairman of the court or the oldest member of the court that is not prevented and who is not a national of any of the disputing Parties.
5. The above provisions apply mutatis mutandis to fill vacancies.
6. The arbitral tribunal shall act in accordance with the rules of international law and, in particular, in accordance with the provisions of the
. The decisions of the arbitral tribunal, both on the procedure and on the merits, shall be taken by a majority of the votes of its members, the absence or abstention of one of the members of the court appointed by the Parties not preventing the court from ruling. In the event of an equal division of votes, the voice of the President shall be paramount. The decisions of the court shall be binding on the Parties. They bear the costs of the arbitrator they have appointed and share equally the other costs. On the other points, the arbitral tribunal itself rules its
. In the event of a dispute between two Contracting Parties of which only one is a Member State of the European Community, itself a Contracting Party, the other Party shall address the request, both to that Member State and to the Community, which notify it Jointly, within two months of the receipt of the request, if the Member State, the Community or the Member State and the Community together form a party to the dispute. In the absence of such notification within the said time limit, the Member State and the Community shall be deemed to be one and the same party to the dispute for the application of the provisions of this Annex. The same applies when the Member State and the Community are jointly party to the dispute.
SIGNATURE PROTOCOL
When signing the Convention on the Protection of the Rhine, the Heads of Delegation to the ICRP agreed on the following points:
1. Not affected by the Convention:
(a) The Convention of 3 December 1976 on the protection of the Rhine from pollution by chlorides;
(b) Exchange of letters of 29 April/13 May 1983 concerning the Convention, which entered into force July 5, 1985;
(c) The declaration of 11 December 1986 by the Heads of Delegation of the Governments which are Contracting Parties to the Agreement of 29 April 1963 concerning the International Commission for the Protection of the Rhine against Pollution ;
d) The Additional Protocol of 25 September 1991 concerning the Convention of 3 December 1976 on the protection of the Rhine from pollution by chlorides;
(e) The declaration of 25 September 1991 of the heads of delegation of the Governments Parties to the Agreement of 29 April 1963 on the International Commission for the Protection of the Rhine against
. The "state of the art" And the " Better available technology " Are synonym expressions and must, as the expression " Better environmental practices ", to be heard under the Convention on the Protection of the Rhine as defined in the Convention of 17 March 1992 on the Protection and Use of Transboundary Watercourses and International Lakes (Annexes I and II) and the Convention of 22 September 1992 for the Protection of the Marine Environment of The Northeast Atlantic (Appendix 1).
3. Koblenz remains the Commission's seat.
4. For any settlement of a dispute between Member States of the European Community not involving another State, Article 219 of the Treaty establishing the European Community shall apply.
Done at Berne, 12 April 1999
:
-from the Federal Republic of Germany:
-from the French Republic:
-from the Grand Duchy of Luxembourg:
-from the Kingdom of the Netherlands:
-from the Swiss Confederation:
For the European Community:
Done at Paris, January 11, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
