Key Benefits:
Original text
(State on 13 January 2016)
The Parties to this Convention,
Aware that the protection and use of transboundary watercourses and international lakes are important and urgent tasks that only further cooperation will enable effective implementation,
Concern that changes in the status of transboundary rivers and international lakes have or are threatening to adversely affect the environment, the economy and the well-being of member countries in the short or long term The Economic Commission for Europe (UNECE),
Underlining the need to strengthen national and international measures to prevent, control and reduce the release of hazardous substances into the aquatic environment and reduce eutrophication and acidification, as well as Land-based pollution of the marine environment, particularly in coastal areas,
Noting with satisfaction the efforts already undertaken by the Governments of the UNECE countries to strengthen cooperation at the bilateral and multilateral levels with a view to preventing, controlling and reducing transboundary pollution, Sustainable water management, preserving water resources and protecting the environment,
Recalling the relevant provisions and principles of the Declaration of the Stockholm Conference on the Environment, of the Final Act of the Conference on Security and Cooperation in Europe (CSCE) 1 , the final documents of the Madrid and Vienna meetings of the representatives of the CSCE participating States, and the Regional Strategy for the Protection of the Environment and the rational use of natural resources in the member countries The UNECE during the period up to the year 2000 and beyond,
Conscious of the role of the United Nations Economic Commission for Europe in promoting international cooperation in the prevention, control and reduction of transboundary water pollution and The sustainable use of these waters and recalling in this regard the UNECE Declaration of Principles on the Prevention of Water Pollution, including Transboundary Pollution, and on the Control of Pollution; the UNECE Declaration of Principles On the rational use of water; the UNECE Principles on Cooperation in the The field of transboundary waters; the UNECE Charter for Groundwater Management and the Code of Conduct on the Accidental Pollution of Transboundary Inland Waters,
Referring to decisions I (42) and I (44) adopted by the Economic Commission for Europe at its forty-second and forty-fourth sessions, respectively, and the outcome of the CSCE Meeting on the Protection of the Environment (Sofia (Bulgaria), 16 October-3 November 1989),
Stressing that cooperation among member countries in the protection and use of transboundary waters should be given priority by the development of agreements between riparian countries of the same waters, especially where there is still no such agreement,
Agreed to the following:
1 Currently: Organization for Security and Co-operation in Europe (OSCE).
For the purposes of this Convention,
The Parties shall take all appropriate measures to prevent, control and reduce any transboundary impact.
2. The Parties shall, in particular, take all appropriate measures:
3. Prevention, control and reduction of water pollution are taken, if possible, at the source.
4. These measures do not, directly or indirectly, cause pollution to other media.
5. When adopting the measures referred to in s. 1 and 2 of this article, the Parties are guided by the following principles:
6. Riparian Parties shall cooperate on a basis of equality and reciprocity, including through bilateral and multilateral agreements, with a view to developing harmonized policies, programmes and strategies for all or part of the basins With the aim of preventing, controlling and reducing transboundary impact and protecting the environment of transboundary waters or the environment on which these waters exert influence, including the marine environment.
7. The application of this Convention shall not give rise to a deterioration in the state of the environment or to an increase in transboundary impact.
8. The provisions of this Convention shall not affect the right of the Parties to adopt and apply, individually or jointly, more stringent measures than those set out in this Convention.
1. For the purposes of prevention, control and reduction of transboundary impact, Parties shall develop, adopt, implement relevant legal, administrative, economic, financial and technical measures, with as much attention as Possible to harmonise them, in order to ensure, in particular:
2. For this purpose, each Party shall determine, on the basis of the best available technology, emission limits for discharges to surface waters from point sources, which are expressly applicable to different sectors Industrial or industry sectors from which hazardous substances originate. The appropriate measures referred to in s. 1 of this Article, to prevent, control and reduce discharges of dangerous substances into waters from point or non-point sources may include the total or partial prohibition of the production or use of such substances. Substances. The lists of these industrial sectors or industries and the lists of the dangerous substances in question, which have been established in the framework of international conventions or regulations applicable in the field covered by the present Convention, are taken into consideration.
In addition, each Party shall, where appropriate, establish water quality objectives and adopt water quality criteria in order to prevent, control and reduce transboundary impact. General indications are given in Annex III to this Convention in order to define these objectives and criteria. Where necessary, the Parties shall endeavour to update this Annex.
The Parties shall establish programmes to monitor the condition of transboundary waters.
The Parties shall cooperate in the execution of research and development work on effective techniques for prevention, control and reduction of transboundary impact. To this end, they shall endeavour, on a bilateral and/or multilateral basis and taking into account the research activities carried out in the relevant international bodies, to undertake or intensify, where appropriate, research programmes Specific areas such as:
The Parties shall communicate the results of these research programs pursuant to s. 6 of this Convention.
The Parties shall, as soon as possible, exchange information on matters covered by the provisions of this Convention.
The Parties shall support appropriate international initiatives to develop accountability rules, criteria and procedures.
The provisions of this Convention shall not affect the rights or obligations of the Parties to protect, in accordance with their national legal system and the applicable supranational regulations, information relating to secrecy Industrial and commercial, including intellectual property, or national security.
(1) Riparian Parties shall conclude, on a basis of equality and reciprocity, bilateral or multilateral agreements or other arrangements, where they do not yet exist, or adapt those that exist where necessary to eliminate them Contradictions with the fundamental principles of this Convention, in order to define their mutual relations and the conduct to be taken with regard to prevention, control and reduction of transboundary impact. Riparian Parties shall specify the watershed or (or) part (s) of this basin that is (are) subject to cooperation. Such agreements or arrangements shall cover the relevant matters covered by this Convention and any other matters on which the Riparian Parties may deem it necessary to cooperate.
2. Agreements or arrangements referred to in par. 1 of this article provides for the establishment of common bodies. The powers of these common bodies shall be, in particular, and without prejudice to existing relevant agreements or arrangements, the following:
3. In cases where a coastal State Party to this Convention is directly and significantly affected by transboundary impact, the Riparian Parties may, if they all agree, invite that coastal State to play an appropriate role In the activities of multilateral common bodies established by the Riparian Parties of these transboundary waters.
4. The common bodies within the meaning of this Convention shall invite the joint bodies established by the coastal States to protect the marine environment which is directly affected by a transboundary impact to cooperate in order to harmonize their work and to prevent, To control and reduce this transboundary impact.
5. Where two or more common bodies exist in the same watershed, they shall endeavour to coordinate their activities in order to strengthen the prevention, control and reduction of transboundary impact in this basin.
Consultations shall be held between the Riparian Parties on the basis of reciprocity, good faith and good neighbourliness, at the request of any of those Parties. Such consultations shall seek to establish cooperation on matters covered by the provisions of this Convention. Any such consultation shall be carried out through a common body established pursuant to Art. 9 of this Convention, where such a body exists.
1. Within the framework of the general cooperation provided for in Art. 9 of this Convention or special arrangements, the Riparian Parties shall develop and implement joint programmes to monitor the condition of transboundary waters, including floods and floating ice, and the impact Transborder.
2. Riparian Parties shall agree on pollution parameters and pollutants whose discharge and concentration in transboundary waters are subject to regular monitoring.
3. Riparian Parties shall, at regular intervals, carry out joint or coordinated assessments of the condition of transboundary waters and the effectiveness of measures taken to prevent, control and reduce transboundary impact. The results of such assessments shall be made available to the public in accordance with the provisions of Art. 16 of this Convention.
To this end, the Riparian Parties shall harmonize the rules relating to the establishment and application of monitoring programmes, measuring systems, devices, analytical techniques, data processing and evaluation methods and Methods of recording released pollutants.
Within the framework of the general cooperation provided for in Art. 9 of this Convention or special arrangements, the Riparian Parties shall undertake specific research and development activities in order to achieve the objectives and quality criteria of the water they have decided upon Agreement to set and adopt and adhere to these objectives and criteria.
1. Riparian Parties shall exchange, within the framework of agreements or other relevant arrangements concluded in accordance with Art. 9 of this Convention, the data which are reasonably available, in particular on the following questions:
2. In order to harmonise emission limits, Riparian Parties shall exchange information on their respective national regulations.
3. If a Riparian Party requests another Riparian Party to provide data or information that is not available, the second shall endeavour to accede to that request but may, in order to do so, provide that the Party shall Who makes the request shall bear the reasonable costs incurred by the collection and, where appropriate, the processing of such data or information.
For the purposes of the implementation of this Convention, Riparian Parties shall facilitate the exchange of the best available technology, in particular by promoting: commercial exchange of available technology; contacts and cooperation Direct industry, including joint ventures; the exchange of information and experience and the provision of technical assistance. In addition, the Riparian Parties undertake joint training programmes and organize the necessary seminars and meetings.
Riparian Parties shall inform each other without delay of any critical situation which may have a transboundary impact. They shall set up, where appropriate, and operate coordinated or common communication, alert and alarm systems for the purpose of obtaining and transmitting information. These systems work through compatible data transmission and processing procedures and means, which are to be agreed upon by Riparian Parties. Riparian Parties shall inform each other of the competent authorities or designated contact points for that purpose.
1. In the event of a critical situation, the Riparian Parties shall provide each other with mutual assistance upon request, in accordance with procedures to be established in accordance with par. 2 of this article.
2. Riparian Parties shall define and adopt mutual assistance procedures, which shall include, inter alia, the following matters:
(1) Riparian Parties shall ensure that information on the condition of transboundary waters, measures taken or planned to prevent, control and reduce the transboundary impact and the effectiveness of such measures shall be accessible to the Public. To this end, the Riparian Parties shall ensure that the following information is available to the public:
2. Riparian Parties shall ensure that the public may have access to such information at any reasonable time and shall be able to read it free of charge, and shall make available to members of the public sufficient means for them to May obtain a copy of this information against reasonable costs.
The first meeting of the Parties shall be convened no later than one year after the date of entry into force of this Convention. Thereafter, ordinary meetings shall be held every three years, or at intervals closer fixed by the rules of procedure. The Parties shall hold an extraordinary meeting if they so decide at an ordinary meeting, or if one of them so requests in writing, provided that this request is supported by at least one third of the Parties in the six Months following its communication to all Parties.
2. At their meetings, the Parties shall monitor the implementation of this Convention and, with this objective in mind:
1. Subject to the provisions of subs. 2 of this Article, the Parties to this Convention shall each have one vote.
2. Regional economic integration organisations, in the fields of their competence, shall have, in order to exercise their right to vote, a number of votes equal to the number of their Member States which are Parties to this Convention. Such organisations shall not exercise their right to vote if their member states exercise theirs, and vice versa.
The Executive Secretary of the Economic Commission for Europe shall serve as the following secretariat:
The Annexes to this Convention shall form an integral part of the Convention.
1. Any Party may propose amendments to this Convention.
2. Proposals for amendments to this Convention shall be considered at a meeting of the Parties.
3. The text of any proposed amendment to this Convention shall be submitted in writing to the Executive Secretary of the Economic Commission for Europe, who shall communicate it to all the Parties ninety days at least before the meeting In which the amendment is proposed for adoption.
4. Any amendment to this Convention shall be adopted by consensus by the representatives of the Parties to the Convention present at a meeting of the Parties and shall enter into force in respect of the Parties to the Convention which have accepted it The day after the date on which two thirds of them deposited their instruments of acceptance of the amendment with the Depositary. The amendment shall enter into force in respect of any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance of the amendment.
1. If a dispute arises between two or more Parties as to the interpretation or application of this Convention, those Parties shall seek a solution by negotiation or by any other method of dispute settlement Consider acceptable.
2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any other time thereafter, a Party may serve in writing to the Depositary that, in respect of disputes that have not been resolved in accordance with s. 1 of this Article, it agrees to consider as compulsory, in its relations with any Party accepting the same obligation, one of the two or both means of dispute settlement below:
3. If the Parties to the dispute have accepted the two means of dispute settlement referred to in s. 2 of this Article, the dispute may be submitted only to the International Court of Justice, unless the Parties otherwise agree.
This Convention shall be open for signature by the member States of the Economic Commission for Europe and by States with consultative status with the Economic Commission for Europe under s. 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and regional economic integration organizations constituted by sovereign States, members of the Economic Commission for Europe, who transferred jurisdiction to them For matters dealt with in this Convention, including the competence to conclude treaties on such matters, in Helsinki, from 17 to 18 March 1992, and thereafter at United Nations Headquarters in New York, until 18 September 1992.
The Secretary-General of the United Nations shall act as the Depositary of this Convention.
(1) This Convention shall be subject to ratification, acceptance or approval by States and signatory regional economic integration organizations.
(2) This Convention shall be open for accession by States and organizations referred to in Art. 23.
3. 1 Any other State not covered by paragraph 1. 2, which is a member of the United Nations, may accede to the Convention with the agreement of the Meeting of the Parties. In its instrument of accession, the said State indicates that it has obtained the agreement of the Meeting of the Parties to accede to the Convention, and specifies the date on which it has received notification of that agreement. The Meeting of the Parties shall not consider any request from Members of the United Nations requesting its agreement to accede to the Convention before this paragraph has entered into force in respect of all States and All organizations that were Parties to the Convention as of November 28, 2003.
4. 2 Any organization referred to in s. 23 which becomes a Party to this Convention without any of its member States Party being bound by all the obligations arising out of the Convention. Where one or more member States of such an organization are Parties to this Convention, that organization and its member States agree on their respective responsibilities in the performance of obligations under the Convention. In such a case, the organisation and the Member States shall not be entitled to exercise the rights arising from this Convention concurrently.
5. 3 In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Art. 23 indicate the extent of their jurisdiction over the matters dealt with in this Convention. In addition, these organizations shall inform the Depositary of any significant change in the scope of their jurisdiction.
1 Introduced by D III/1 of 28 Nov 2003, in force since 6 Feb 2013 ( RO 2013 377 ).
2 Formerly by. 3
3 Formerly by. 4
(1) This Convention shall enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession.
2. For the purposes of s. 1 of this Article, the instrument deposited by a regional economic integration organization shall not be added to those deposited by the member States of that organisation.
(3) With respect to each State or organization referred to in Art. 23 or para. 3 of Art. 25 1 Which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit By that State or organisation of its instrument of ratification, acceptance, approval or accession.
1 Updated by D III/1 of 28 Nov 2003, in force since 6 Feb 2013 ( RO 2013 377 ).
At any time after the expiration of a period of three years beginning on the date on which this Convention entered into force in respect of a Party, that Party may denounce the Convention by written notification addressed to the Depositary. Such denunciation shall take effect on the ninetieth day following the date of receipt of its notification by the Depositary.
The original of this Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In witness whereof, The undersigned, duly authorized, have signed this Convention.
Done at Helsinki, on 17 March, nine hundred and eighty twelve.
(Suivent signatures)
1. The term "best available technology" refers to the last stage of development of processes, equipment or methods of operation indicating that a given measure is applicable in practice to limit emissions, discharges and Waste. In order to determine whether a set of processes, equipment and methods of operation constitute the best available technology in general or in particular cases, special consideration should be given to:
2. It follows from the above that for a particular process, the "best available technology" will evolve over time, in the light of technological advances, economic and social factors and the evolution of knowledge and Scientific understanding.
1. In selecting for specific cases the most appropriate combination of measures likely to constitute the best environmental practice, consideration should be given to the following set of measures according to the gradation indicated:
2. In order to determine which combination of measures constitutes the best environmental practice, in general or in particular cases, special consideration should be given to:
3. It follows from the above that, for a particular source, the best environmental practices will evolve over time, in the light of technological advances, economic and social factors and the evolution of knowledge and knowledge. Scientific understanding.
Water quality objectives and criteria:
1. In the case of a dispute referred to arbitration under subs. 2 of the art. 22 of this Convention, a Party (or Parties) shall notify the secretariat of the subject matter of the arbitration and shall indicate, in particular, the articles of this Convention whose interpretation or application is at issue. The secretariat shall forward the information received to all Parties to this Convention.
2. The arbitral tribunal shall consist of three members. The applicant (s) and the other (or other) Party (s) to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common accord the third arbitrator who is the Chairman of the arbitral tribunal. The latter shall not be a national of one of the Parties to the dispute or have his habitual residence in the territory of one of those Parties, or be in the service of one of them, nor have already held the case in any other capacity than that Party. Or.
(3) If, within two months after the appointment of the second arbitrator, the Chairman of the arbitral tribunal has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of one of the Parties to the dispute, Appointment within a new two-month period.
4. If, within two months of receipt of the request, one of the Parties to the dispute does not appoint an arbitrator, the other Party may inform the Executive Secretary of the Economic Commission for Europe, who Designates the chairperson 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 a period of two months. If it does not do so within this period, the President shall inform the Executive Secretary of the Economic Commission for Europe, who shall make the appointment within a further period of two months.
5. The court shall render its award in accordance with international law and the provisions of this Convention.
6. Any arbitral tribunal established pursuant to the provisions of this Annex shall adopt its own procedure.
7. The decisions of the arbitral tribunal, both on procedural and substantive matters, shall be taken by a majority of its members.
8. The court may take all necessary measures to establish the facts.
The Parties to the dispute shall facilitate the task of the arbitral tribunal and, in particular, by all means at their disposal:
10. The Parties and the arbitrators shall protect the confidentiality of any information they receive in confidence during the arbitration proceedings.
The arbitral tribunal may, at the request of one of the Parties, recommend provisional measures.
12. If one of the Parties to the dispute does not appear before the arbitral tribunal or fails to assert its means, the other Party may request the court to continue the proceedings and render its award final. The fact that a Party does not present itself or fails to assert its means shall not prevent the proceedings from proceeding.
13. The arbitral tribunal may know and decide on counterclaims directly related to the subject-matter of the dispute.
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the costs of the court, including the remuneration of its members, shall be borne equally by the parties to the dispute. The court shall keep a record of all its costs and shall provide a final statement to the Parties.
15. Any Party to this Convention which has, as regards the subject matter of the dispute, a legal interest which may be affected by the decision in the case may intervene in the proceedings, with the consent of the court.
16. The arbitral tribunal shall render its award within five months after the date on which it was constituted, unless it considers it necessary to extend the time limit of not more than five months.
17. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding on all Parties to the dispute. The arbitral tribunal shall communicate it to the Parties to the dispute and to the secretariat. The latter shall transmit the information received to all the Parties to this Convention.
18. Any dispute between the Parties concerning the interpretation or execution of the award may be submitted by one of the Parties to the arbitral tribunal which has made the award or, if it cannot be seized, to another tribunal To this effect in the same way as the first.
| States Parties |
Ratification Accession (A) |
Entry into force |
||
| Albania A |
5 January |
1994 |
6 October |
1996 |
| Germany * A |
30 January |
1995 |
6 October |
1996 |
| Austria * A |
July 25 |
1996 |
23 October |
1996 |
| Azerbaijan A |
August 3 |
2000 A |
1 Er November |
2000 |
| Belarus |
29 May |
2003 A |
August 27 |
2003 |
| Belgium A |
8 November |
2000 |
February 6 |
2001 |
| Bosnia and Herzegovina A |
3 December |
2009 A |
3 March |
2010 |
| Bulgaria A |
28 October |
2003 |
27 January |
2004 |
| Croatia A |
July 8 |
1996 A |
6 October |
1996 |
| Denmark * A c |
28 May |
1997 |
26 August |
1997 |
| Spain * A |
February 16 |
2000 |
May 16 |
2000 |
| Estonia A |
June 16 |
1995 |
6 October |
1996 |
| Finland A |
21 February |
1996 |
6 October |
1996 |
| France * A |
30 June |
1998 |
28 September |
1998 |
| Greece |
September 6 |
1996 |
5 December |
1996 |
| Hungary A |
2 September |
1994 |
6 October |
1996 |
| Italy A |
23 May |
1996 |
6 October |
1996 |
| Kazakhstan A |
11 January |
2001 A |
April 11 |
2001 |
| Latvia A |
10 December |
1996 |
10 March |
1997 |
| Liechtenstein * A |
19 November |
1997 A |
17 February |
1998 |
| Lithuania * A |
28 April |
2000 |
27 July |
2000 |
| Luxembourg A |
7 June |
1994 |
6 October |
1996 |
| Macedonia A |
28 July |
2015 A |
26 October |
2015 |
| Moldova A |
4 January |
1994 A |
6 October |
1996 |
| Montenegro A |
23 June |
2014 A |
21 September |
2014 |
| Norway A |
1 Er April |
1993 |
6 October |
1996 |
| Uzbekistan A |
4 September |
2007 A |
3 December |
2007 |
| Netherlands * A b |
March 14 |
1995 |
6 October |
1996 |
| Poland A |
15 March |
2000 |
13 June |
2000 |
| Portugal A |
9 December |
1994 |
6 October |
1996 |
| Czech Republic A |
12 June |
2000 A |
10 September |
2000 |
| Romania A |
May 31 |
1995 |
6 October |
1996 |
| Russia |
2 November |
1993 |
6 October |
1996 |
| Serbia A |
August 27 |
2010 A |
25 November |
2010 |
| Slovakia |
7 July |
1999 A |
5 October |
1999 |
| Slovenia A |
13 April |
1999 A |
July 12 |
1999 |
| Sweden A |
August 5 |
1993 |
6 October |
1996 |
| Switzerland A |
23 May |
1995 |
6 October |
1996 |
| Turkmenistan |
29 August |
2012 A |
27 November |
2012 |
| Ukraine A |
8 October |
1999 A |
6 January |
2000 |
| European Union (EU) |
September 14 |
1995 |
6 October |
1996 |
Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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| A The State party accepted decision III/1 of 28 November 2003 (amendments to art. 25 and 26 of the Convention). |
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| B For the Kingdom in Europe |
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| C The mod. Not applicable to the Faroe Islands and Greenland |
1 RO 1997 834
2 RO 1997 855 and 2004 4007, 2010 3613, 2013 283,377, 2016 377. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
