Key Benefits:
Text Original
(Status on 14 January 2016)
The Parties to this Convention,
Aware of the mutual implications of economic activities and their impact on the environment,
Affirming the need for environmentally sound and sustainable development,
Resolved to intensify international cooperation in the field of environmental impact assessment, in particular in a transboundary context,
Conscious of the need and importance of developing anticipatory policies and preventing, mitigating and monitoring any significant adverse environmental impact in general and, in particular, in a Cross-border context,
Recalling the relevant provisions of the Charter of 26 June 1945 2 , the Declaration of the United Nations Conference on the Environment (Stockholm Conference), the Final Act of the Conference on Security and Cooperation in Europe (CSCE) and the Concluding Documents of the Madrid and Vienna Meetings of the Representatives of States participating in the CSCE,
Noting with satisfaction the measures that States are taking to ensure that the assessment of environmental impact is carried out in accordance with their administrative laws and regulations and national policies,
Conscious of the need to explicitly consider environmental factors at the beginning of the decision-making process through the use of environmental impact assessment, at all administrative levels, as a tool Necessary to improve the quality of information provided to those responsible and thus enable them to make rational decisions from an environmental point of view, focusing on limiting as far as possible the significant adverse impact Activities, particularly in a transboundary context,
Bearing in mind the efforts of international organizations to promote the practice of environmental impact assessment at both the national and international levels, taking into account the work done on the subject Under the auspices of the United Nations Economic Commission for Europe, including the results of the Seminar on Environmental Impact Assessment (September 1987, Warsaw [Poland]) and taking note of the Goals and Principles of the Evaluation The environmental impact adopted by the Board of Directors of the United Nations Environment Programme, and the Ministerial Declaration on Sustainable Development (May 1990, Bergen, Norway), 3
Agreed to the following:
For the purposes of this Convention,
1 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
2 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
3 New content according to D II/14 of 27 February 2001, in force for Switzerland since 26 August 2014 (RO 2014 3167). See also the scope of the Am. At the end of the text.
1. 1 The Parties shall, individually or jointly, take all appropriate and effective measures to prevent, reduce and control the significant adverse transboundary impact that proposed activities may have on the environment.
(2) Each Party shall take the necessary legal, administrative or other measures to implement the provisions of this Convention, including, in respect of the proposed activities listed in Appendix I Which are likely to have a significant adverse transboundary impact, the establishment of an environmental impact assessment procedure allowing for public participation and the establishment of the impact assessment dossier on The environment described in Appendix II.
The Party of origin shall ensure that, in accordance with the provisions of this Convention, an environmental impact assessment is carried out before the decision to authorize or undertake a proposed activity is taken Listed in Appendix I, which is likely to have a significant adverse transboundary impact.
4. The Party of origin shall ensure, in accordance with the provisions of this Convention, that any proposed activity listed in Appendix I, which is likely to have a significant adverse transboundary impact, is Notified to affected Parties.
5. The Parties concerned shall, at the initiative of any of them, discuss whether one or more proposed activities which are not listed in Appendix I are likely to have A significant adverse transboundary impact and must therefore be treated as if they were included on this list. If these Parties agree that this is the case, the activity or activities in question are treated as such. Appendix III contains general guidance on the criteria for determining whether a proposed activity is likely to have a significant adverse impact.
6. In accordance with the provisions of this Convention, the Party of origin shall offer to the public areas likely to be affected the opportunity to participate in the relevant environmental impact assessment procedures And shall ensure that the opportunity offered to the public of the affected Party is equivalent to that offered to its own public.
The environmental impact assessments prescribed by this Convention shall be carried out, at least at the project stage of the proposed activity. To the extent necessary, the Parties shall endeavour to apply the principles of environmental impact assessment to policies, plans and programmes.
8. The provisions of this Convention shall not affect the right of the Parties to apply, at the national level, the laws, regulations, administrative provisions or accepted legal practices designed to protect the information Disclosure would be injurious to industrial and commercial confidentiality or national security.
9. The provisions of this Convention shall not affect the right of each Party to apply, under a bilateral or multilateral agreement, where appropriate, more stringent measures than those provided for in this Convention.
The provisions of this Convention shall be without prejudice to the obligations that may be imposed on the Parties under international law in respect of activities that have or are likely to have a transboundary impact.
1 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
(1) If a proposed activity listed in Appendix I is likely to have a significant adverse transboundary impact, the Party of origin, with a view to carrying out sufficient and effective consultations as provided for in the Art. 5, shall give notice to any Party which it considers to be affected, as soon as possible and at the latest when informing its own public of that activity.
2. The notification contains, in particular:
The information referred to in subs may be included. 5 of this article.
The affected Party shall reply to the Party of origin within the time limit specified in the notification to acknowledge receipt thereof and indicate whether it intends to participate in the environmental impact assessment procedure.
4. 1 If the affected Party indicates that it does not intend to participate in the environmental impact assessment procedure, or if it does not respond within the time specified in the notification, the provisions of s. 5 to 8 of this section and those of s. 4 to 7 do not apply. In such cases, it is not prejudicial to the right of the Party of origin to determine whether it should carry out an environmental impact assessment on the basis of its national legislation and practice.
5. Upon receipt of a response from the affected Party indicating its desire to participate in the environmental impact assessment procedure, the Party of origin shall notify the affected Party if it has not yet done so:
The affected Party shall communicate to the Party of origin, at the request of the Party of origin, any information that may reasonably be obtained concerning the environment within its jurisdiction which may be affected, if such information is Necessary to form the environmental impact assessment file. Information shall be communicated promptly and, as appropriate, through a common body if one exists.
7. 2 Where a Party considers that a proposed activity on the list in Appendix I would have a significant adverse transboundary impact on it, and where notification has not been given under the provisions of s. 1 of this Article, the Parties concerned shall exchange, at the request of the affected Party, sufficient information for the purpose of initiating discussions on whether a significant adverse transboundary impact is likely. If these Parties agree that a significant adverse transboundary impact is likely, the provisions of this Convention shall apply. If such Parties are unable to agree on whether a significant adverse transboundary impact is likely, any such Party may refer the matter to a Board of Inquiry in accordance with the provisions of the Appendix IV to provide an opinion on the likelihood of a significant adverse transboundary impact, unless they agree to use another method to address this issue.
8. The Parties concerned shall ensure that the public of the affected Party, in areas likely to be affected, is informed of the proposed activity and has the opportunity to make observations or objections to the proposed activity and to Comments or objections shall be transmitted to the competent authority of the Party of origin, either directly or, where appropriate, through the Party of origin.
1 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
2 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
The environmental impact assessment dossier to be submitted to the competent authority of the Party of origin shall contain at least the information referred to in Appendix II.
2. 1 The Party of origin shall communicate to the affected Party and, as appropriate, through a common body if there is one, the environmental impact assessment file. The Parties concerned shall make arrangements for the distribution of the case to the authorities and the public of the affected Party in areas likely to be affected and for the submission of comments to the authority Competent authority of the Party of origin, either directly or, where appropriate, through the Party of origin, within a reasonable period of time before a final decision is taken on the proposed activity.
1 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
Following the establishment of the environmental impact assessment dossier, the Party of origin shall, without undue delay, undertake consultations with the affected Party on, inter alia, the transboundary impact that the proposed activity may have and Measures to reduce or eliminate this impact. Consultations may include:
The Parties agree, at the beginning of the consultations, for a reasonable period of time for the duration of the consultation period. Such consultations may be carried out through an appropriate common body, if one exists.
The Parties shall ensure that, at the time of making a final decision on the proposed activity, the results of the environmental impact assessment, including the relevant file, and the comments received thereon In application of s. 8 of art. 3 and para. 2 of the art. 4 and the outcome of the consultations referred to in s. 5, be duly taken into account.
2. The Party of origin shall inform the affected Party of the final decision on the proposed activity and the reasons and considerations on which it is based.
3. If additional information on the significant cross-border impact of a proposed activity, which was not available at the time when a decision has been taken on this activity, which could have had a significant impact on that activity Decision, come to the knowledge of a Party concerned before the work foreseen under this activity starts, the Party in question shall immediately inform the other Party (or other) Party (s) concerned. If requested by one of the Parties concerned, consultations shall be held to determine whether the decision should be reviewed.
1. The Parties concerned shall determine, at the request of any one of them, whether a post hoc analysis is to be carried out and, if so, what the extent of the analysis should be, taking into account the significant adverse transboundary impact That the activity which has been the subject of an environmental impact assessment in accordance with this Convention is likely to have. Any ex post analysis shall include in particular the monitoring of the activity and the determination of any adverse transboundary impact. These tasks may be undertaken in order to achieve the objectives listed in Appendix V.
2. Where, following the post-post analysis, the Party of origin or the affected Party is justified in thinking that the proposed activity has a significant adverse transboundary impact or, at the end of that analysis, factors have been Discovered, which could lead to such an impact, it shall immediately inform the other Party. The Parties concerned then undertake consultations on the measures to be taken to reduce or eliminate this impact.
The Parties may continue to apply bilateral or multilateral agreements or other arrangements in force, or may conclude new arrangements for the fulfilment of their obligations under this Convention. Such agreements or other arrangements may include the elements listed in Appendix VI. 1
1 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
The Parties shall consider in particular the establishment or intensification of specific research programmes aimed at:
The results of the programmes listed above shall be exchanged between the Parties.
The Appendices attached to this Convention shall form an integral part of the Convention.
1. 1 The Parties shall meet as far as possible at the annual sessions of the Councillors of the Governments of the Economic Commission for Europe for the problems of the environment and water. 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, the Parties shall meet at any other time if, at one of their meetings, they deem it necessary, or if one of them so requests in writing, provided that this request is supported by at least one third of the Parties Within six months of its communication to the said Parties by the secretariat.
2. The Parties shall monitor the implementation of this Convention on an ongoing basis and with this objective in mind:
1 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
2 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
1. The Parties to this Convention shall each have one vote.
2. Notwithstanding the provisions of s. 1 of this Article, 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 the Present 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:
1. Any Party may propose amendments to this Convention.
2. Proposals for amendments shall be submitted in writing to the secretariat, which shall communicate them to all Parties. They shall be considered by the Parties at their next meeting, provided that the secretariat has distributed them to the Parties at least ninety days in advance.
3. The Parties shall make every effort to reach agreement by consensus on any proposed amendments to this Convention. If all such efforts have remained in vain and no agreement has been reached, the amendment shall be adopted as a last resort by a majority vote of three-fourths of the Parties present and voting.
4. 1 Amendments to this Convention adopted in accordance with paragraph 2. 3 of this Article shall be submitted by the Depositary to all Parties for the purpose of ratification, approval or acceptance. They shall enter into force in respect of the Parties which have ratified, approved or accepted them on the ninetieth day after the receipt by the Depositary of the notification of their ratification, approval or acceptance by three-fourths of the Less than those Parties. Thereafter, they shall enter into force in respect of any other Party on the ninetieth day following the deposit by that Party of its instrument of ratification, approval or acceptance of the amendments.
5. For the purposes of this Article, the expression "Parties present and voting" means the Parties present at the meeting that issued an affirmative or negative vote.
6. The voting procedure described in para. 3 of this article is not intended to be a precedent for the agreements to be negotiated in the future within the framework of the Economic Commission for Europe.
1 New content according to erratum of 19 Feb 2013 ( RO 2013 671 ).
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 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 one of the following two or two means of regulation in its relations with any Party accepting the same obligation:
3. If the parties to the dispute have accepted the two means of dispute resolution 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 established by sovereign States members of the Economic Commission for Europe, who have transferred jurisdiction to them For matters dealt with in this Convention, including the competence to conclude treaties on such matters, in Espoo, Finland, from 25 February to 1 Er March 1991, and then at United Nations Headquarters in New York until 2 September 1991.
(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. 16 as of September 3, 1991.
3. 1 Any other State not covered by paragraph 1. 2 of this article which is a Member of the United Nations may accede to the Convention with the agreement of the Meeting of the Parties. The Meeting of the Parties shall not consider or approve an application for membership of such a State before the provisions of this paragraph have taken effect for all States and organizations that were Parties to the Convention on 27 February 2001.
4. 2 Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall carry out the functions of Depositary.
5. 3 Any organization referred to in s. 16 which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations arising out of this 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 Present Convention. In such a case, the organisation and the Member States shall not be entitled to exercise rights under this Convention concurrently.
6. 4 In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Art. 16 indicate the extent of their jurisdiction over the matters dealt with in this Convention. In addition, these organisations shall inform the Depositary of any relevant changes in the scope of their competence.
7. 5 Any State or organization that ratifies, accepts or approves this Convention shall be deemed to ratify, accept or approve simultaneously the amendment to the Convention set out in decision II/14 adopted at the second meeting of the Parties.
1 Introduced by D II/14 of 27 February 2001, in force for Switzerland since 26 August 2014 ( RO 2014 3167 ). See also the scope of the Am. At the end of the text.
2 Formerly by. 3.
3 Formerly by. 4.
4 Formerly by. 5.
5 Introduced by D II/14 of 27 February 2001, in force for Switzerland since 26 August 2014 ( RO 2014 3167 ). See also the scope of the Am. At the end of the text.
(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. 16 which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the ninetieth day after the date The deposit by that State or organization of its instrument of ratification, acceptance, approval or accession.
At any time after the expiration of a period of four years beginning on the date on which this Convention enters into force in respect of a Party, that Party may denounce this Convention by written notification addressed to the Depositary. The denunciation shall take effect on the ninetieth day after the date of its receipt by the Depositary. This information does not affect the application of s. 3 to 6 of this Convention to the proposed activities which have been the subject of a notification under s. 1 of the art. 3 or an application under s. 7 of Art. 3 before the denunciation took effect.
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 Espoo, Finland, twenty-five thousand nine hundred and ninety-one.
(Suivent signatures)
1. Petroleum refineries (excluding companies that manufacture only lubricants from crude oil) and facilities for gasification and liquefaction of at least 500 tonnes of coal or bituminous shale per day.
2. Thermal power stations and other combustion plants with a thermal production equal to or greater than 300 megawatts and nuclear power stations and other nuclear reactors (with the exception of research facilities for production and The conversion of fissile materials and fertile materials, the maximum power of which does not exceed one kilowatt of continuous heat load).
3. Installations solely for the production or enrichment of nuclear fuel, the treatment of irradiated nuclear fuel or the storage, disposal and treatment of radioactive waste.
4. Large facilities for the primary production of cast iron and steel and for the production of non-ferrous metals.
5. Installations for the extraction of asbestos and for the processing and processing of asbestos and products containing asbestos: for asbestos cement products, installations producing more than 20 000 tonnes of finished products per year, for Friction materials, installations producing more than 50 tonnes of finished products per year and for other uses of asbestos, installations using more than 200 tonnes of asbestos per year.
6. Integrated chemical plants.
7. Highway construction 1 , express routes 2 And railway lines for long-distance rail traffic as well as airports with a main track of a length equal to or greater than 2100 metres.
8. Large section pipelines and pipelines.
9. Commercial ports as well as inland waterways and river ports allowing the passage of vessels of more than 1350 tonnes.
10. Waste disposal facilities: incineration, chemical treatment or disposal of toxic and hazardous waste.
11. Large dams and reservoirs.
12. Groundwater abstraction works if the annual volume of water to be captured reaches or exceeds 10 million cubic metres.
13. Facilities for the manufacture of paper and paper pulp producing at least 200 tonnes of air dried per day.
14. Large-scale mining, mining and on-site processing of metallic ores or coal.
15. Hydrocarbon production at sea.
Large storage facilities for petroleum, petrochemical and chemical products.
17. Deforestation of large areas.
1 The term "highway" means a road that is specially designed and constructed for vehicular traffic, which does not serve the shoreline properties and qui:a) Except in singular or temporary points, has, for both purposes, Traffic, separate carriageways separated from each other by a strip of land not intended for circulation or, exceptionally, by other means; (b) Do not cross-road, rail or tram route, or road for the Pedestrian traffic; (c) Is specifically marked as a highway.
2 The term "express route" means a road reserved for motor vehicle traffic, accessible only by regulated exchanges or intersections, and on which, in particular, it is forbidden to stop and park on the carriageway.
Minimum information to be included in the environmental impact assessment file under s. 4:
1 Updated according to the erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
1. When considering proposed activities to which s. 5 of the art. 2, the Parties concerned may seek to determine whether the proposed activity is likely to have a significant adverse transboundary impact, in particular in relation to one or more of the following criteria:
2. The Parties concerned shall thus proceed for the proposed activities of which the site is located close to an international boundary and for the proposed activities whose site is more remote and which could have transboundary effects Large distances.
1 Updated according to the erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
1. The applicant (s) shall notify the secretariat that the applicant (s) shall submit to a commission of inquiry established in accordance with the provisions of this Appendix the question of whether a proposed activity on the list In Appendix I is likely to have a significant adverse transboundary impact. The subject matter of the investigation is indicated in the notification. The secretariat shall immediately notify all Parties to this Convention of this request for investigation.
2. The Board of Inquiry is composed of three members. The applicant and the other party to the inquiry procedure shall each appoint a scientific or technical expert and the two experts thus appointed shall designate by common accord the third expert who is the Chairman of the Committee of Inquiry. The latter must not be a national of one of the parties to the investigation procedure or have his habitual residence in the territory of one of those parties, or be in the service of one of them, or have already dealt with the matter in question. Any other title.
3. If, within two months after the appointment of the second expert, the Chairman of the Committee of Inquiry has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of one of the parties, make the appointment Within a new two-month period.
4. If, within one month of receipt of the notification sent by the secretariat, one of the parties to the inquiry procedure does not appoint an expert, the other party may inform the Executive Secretary of the Economic Commission For Europe, which designates the chairman of the committee of inquiry within a further two-month period. Upon designation, the Chairman of the Committee of Inquiry shall request the party who has not appointed an expert to do so within one month. When this period has elapsed, the President shall inform the Executive Secretary of the Economic Commission for Europe which shall make the appointment within a further period of two months.
5. The Committee of Inquiry itself shall adopt its own rules of procedure.
6. The Committee of Inquiry may take all necessary measures to carry out its functions.
7. The parties to the inquiry procedure shall facilitate the task of the Committee of Inquiry and, in particular, by all means at their disposal:
8. The Parties and the experts shall protect the confidentiality of any information they receive in confidence during the work of the Committee of Inquiry.
9. If one of the parties to the inquiry procedure does not appear before the Committee of Inquiry or fails to present its position, the other party may ask the Committee of Inquiry to continue the proceedings and to complete its proceedings. The fact that a party does not appear before the Commission or does not present its position does not preclude the continuation and completion of the work of the Committee of Inquiry.
10. Unless the Committee of Inquiry decides otherwise because of the particular circumstances of the case, the costs of the commission, including the remuneration of its members, shall be borne equally by the parties to the proceedings Investigation. The Board of Inquiry shall keep a record of all its costs and provide a final statement to the parties.
Any Party having, as regards the subject matter of the investigation procedure, a material interest which may be affected by the opinion delivered by the Committee of Inquiry, may intervene in the procedure with the agreement of the Committee of Inquiry.
12. Decisions of the Committee of Inquiry into procedural matters shall be taken by a majority of the votes of its members. The final opinion of the committee shall reflect the opinion of the majority of its members and shall be accompanied by a statement of possible dissenting opinions.
13. The Board of Inquiry shall deliver its final opinion within two months from the date on which it was constituted unless it considers it necessary to extend this period of time which should not exceed two months.
14. The final opinion of the committee of inquiry is based on accepted scientific principles. The Committee of Inquiry shall communicate its final opinion to the parties to the inquiry procedure and to the secretariat.
1 Updated according to the erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
The purpose of this analysis is:
1 Updated according to the erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
1. The Parties concerned may establish, where appropriate, institutional arrangements or expand the scope of existing arrangements under bilateral and multilateral agreements in order to give full effect to this Convention.
2. Bilateral or multilateral agreements or other arrangements may provide for:
1 Updated according to the erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
1. The requesting Party (s) shall notify the secretariat that the Parties have agreed to submit the dispute to arbitration under subs. 2 of the art. 15 of this Convention. The notification shall set out 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 must 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, or have already dealt with the matter in any other capacity. Or.
3. If, within two months after the appointment of the second arbitrator, the President of the arbitral tribunal has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of one of the parties to the dispute, 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 ask the party who has not appointed an arbitrator to do so within two months. When this period has elapsed, 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 these provisions 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.
9. 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 arbitrators shall protect the confidentiality of any information they receive in confidence during the arbitration proceedings.
11. The arbitral tribunal may, at the request of one of the parties, recommend precautionary 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 ask the court to continue the proceedings and render its final award. The fact that a party does not present itself or fails to assert its means does not prevent the proceedings from proceeding. Before making its final award, the arbitral tribunal must ensure that the application is founded in fact and in law.
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 provide a final statement to the parties.
15. Any Party to this Convention having, 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 is 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 |
4 October |
1991 |
10 September |
1997 |
Germany |
8 August |
2002 |
6 November |
2002 |
Armenia |
21 February |
1997 A |
10 September |
1997 |
Austria * |
27 July |
1994 |
10 September |
1997 |
Azerbaijan |
25 March |
1999 |
23 June |
1999 |
Belarus |
10 November |
2005 |
February 8 |
2006 |
Belgium |
July 2 |
1999 |
September 30 |
1999 |
Bosnia and Herzegovina |
14 December |
2009 A |
March 14 |
2010 |
Bulgaria * |
12 May |
1995 |
10 September |
1997 |
Canada * |
13 May |
1998 |
August 11 |
1998 |
Cyprus |
July 20 |
2000 A |
July 20 |
2000 |
Croatia |
July 8 |
1996 A |
10 September |
1997 |
Denmark * |
March 14 |
1997 |
10 September |
1997 |
Greenland |
12 December |
2001 |
12 December |
2001 |
Faroe Islands |
12 December |
2001 |
12 December |
2001 |
Spain * * |
10 September |
1992 |
10 September |
1997 |
Estonia |
April 25 |
2001 A |
24 July |
2001 |
Finland |
10 August |
1995 |
10 September |
1997 |
France * ** |
15 June |
2001 |
13 September |
2001 |
Greece |
24 February |
1998 |
25 May |
1998 |
Hungary |
July 11 |
1997 |
9 October |
1997 |
Ireland * * |
July 25 |
2002 |
23 October |
2002 |
Italy * * |
19 January |
1995 |
10 September |
1997 |
Kazakhstan |
11 January |
2001 A |
April 11 |
2001 |
Kyrgyzstan |
1 Er May |
2001 A |
July 30 |
2001 |
Latvia |
August 31 |
1998 A |
29 November |
1998 |
Liechtenstein * |
July 9 |
1998 A |
7 October |
1998 |
Lithuania |
11 January |
2001 A |
April 11 |
2001 |
Luxembourg * * |
29 August |
1995 |
10 September |
1997 |
Macedonia |
August 31 |
1999 |
29 November |
1999 |
Malta |
20 October |
2010 A |
January 18 |
2011 |
Moldova |
4 January |
1994 A |
10 September |
1997 |
Montenegro |
July 9 |
2009 A |
7 October |
2009 |
Norway * * |
23 June |
1993 |
10 September |
1997 |
Netherlands * A |
28 February |
1995 |
10 September |
1997 |
Poland |
12 June |
1997 |
10 September |
1997 |
Portugal |
April 6 |
2000 |
July 5 |
2000 |
Czech Republic B |
26 February |
2001 |
27 May |
2001 |
Romania |
March 29 |
2001 |
27 June |
2001 |
United Kingdom * |
10 October |
1997 |
8 January |
1998 |
Gibraltar |
10 October |
1997 |
8 January |
1998 |
Guernsey |
10 October |
1997 |
8 January |
1998 |
Isle of Man |
10 October |
1997 |
8 January |
1998 |
Jersey |
10 October |
1997 |
8 January |
1998 |
Serbia |
18 December |
2007 A |
March 17 |
2008 |
Slovakia C |
19 November |
1999 |
17 February |
2000 |
Slovenia |
August 5 |
1998 A |
3 November |
1998 |
Sweden * * |
24 January |
1992 |
10 September |
1997 |
Switzerland |
16 September |
1996 A |
10 September |
1997 |
|
24 June |
1997 |
10 September |
1997 |
Ukraine |
July 20 |
1999 |
18 October |
1999 |
|
||||
|
||||
|
||||
C 28 May 1993: succession to the signature of Czechoslovakia, which signed the Convention on 30 August 1991. |
States Parties |
Ratification |
Entry into force |
||
Albania |
12 May |
2006 |
26 August |
2014 |
Germany |
8 August |
2002 |
26 August |
2014 |
Austria |
September 14 |
2006 |
26 August |
2014 |
Bulgaria |
25 January |
2007 |
26 August |
2014 |
Belarus |
23 March |
2011 |
26 August |
2014 |
Croatia |
February 11 |
2009 |
26 August |
2014 |
Spain |
July 16 |
2008 |
26 August |
2014 |
Estonia |
12 April |
2010 |
26 August |
2014 |
Finland |
19 February |
2014 |
26 August |
2014 |
Hungary |
29 May |
2009 |
26 August |
2014 |
Lithuania |
22 March |
2011 |
26 August |
2014 |
Luxembourg |
5 May |
2003 |
26 August |
2014 |
Malta |
28 May |
2014 |
26 August |
2014 |
Montenegro |
July 9 |
2009 |
26 August |
2014 |
Norway |
24 February |
2010 |
26 August |
2014 |
Netherlands A |
April 14 |
2009 |
26 August |
2014 |
Poland |
July 20 |
2004 |
26 August |
2014 |
Romania |
16 November |
2006 |
26 August |
2014 |
Czech Republic |
18 April |
2007 |
26 August |
2014 |
Slovakia |
29 May |
2008 |
26 August |
2014 |
Slovenia |
25 March |
2014 |
26 August |
2014 |
Switzerland |
June 16 |
2010 |
26 August |
2014 |
Sweden |
30 March |
2006 |
26 August |
2014 |
European Union |
January 18 |
2008 |
26 August |
2014 |
A For the Kingdom in Europe. |
1 RO 2003 4091
2 RS 0.120
3 Erratum of 10 March 2015, according to the exchange of notes of 17 November 2014 with the Secretary-General of the United Nations ( RO 2015 769 ).
4 RO 2003 4114 , 2006 3443, 2010 2301, 2016 375. An updated version of the scope of application is published on the DFAE website (www.dfae.admin.ch/traites
5 RO 2014 3167