Convention on the Protection and Use of Transboundary Watercourses in United States

Convention on the Protection and Use of Transboundary Watercourses

Preamble

The Parties to this Convention,

Mindful that the protection and use of transboundary watercourses and
international lakes are important and urgent tasks, the effective
accomplishment of which can only be ensured by enhanced cooperation,

Concerned over the existence and threats of adverse effects, in the short
or long term, of changes in the conditions of transboundary watercourses
and international lakes on the environment, economies and well-being of
the member countries of the Economic Commission for Europe (ECE),

Emphasizing the need for strengthened national and international measures
to prevent, control and reduce the release of hazardous substances into
the aquatic environment and to abate eutrophication and acidification, as
well as pollution of the marine environment, in particular coastal areas,
from land-based sources,

Commending the efforts already undertaken by the ECE Governments to
strengthen cooperation, on bilateral and multilateral levels, for the
prevention, control and reduction of transboundary pollution, sustainable
water management, conservation of water resources and environmental
protection,

Recalling the pertinent provisions and principles of the Declaration of
the Stockholm Conference on the Human Environment, the Final Act of the
Conference on Security and Cooperation in Europe (CSCE), the Concluding
Documents of the Madrid and Vienna Meetings of Representatives of the
Participating States of the CSCE, and the Regional Strategy for
Environmental Protection and Rational Use of Natural Resources in ECE
Member Countries covering 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 for the prevention, control
and reduction of transboundary water pollution and sustainable use of
transboundary waters, and in this regard recalling the ECE Declaration of
Policy on Prevention and Control of Water Pollution, including
Transboundary Pollution; the ECE Declaration of Policy on the Rational
Use of Water; the ECE Principles Regarding Cooperation in the Field of
Transboundary Waters; the ECE Charter on Groundwater Management; and the
Code of Conduct on 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),

Emphasizing that cooperation between member countries in regard to the
protection and use of transboundary waters shall be implemented primarily
through the elaboration of agreements between countries bordering the
same waters, especially where no such agreements have yet been reached,

Have agreed as follows:

Article 1

DEFINITIONS

For the purposes of this Convention,

1. “Transboundary waters” means any surface or ground waters which mark,
cross or are located on boundaries between two or more States; wherever
transboundary waters flow directly into the sea, these transboundary
waters end at a straight line across their respective mouths between
points on the low-water line of their banks;

2. “Transboundary impact” means any significant adverse effect on the
environment resulting from a change in the conditions of transboundary
waters caused by a human activity, the physical origin of which is
situated wholly or in part within an area under the jurisdiction of a
Party, within an area under the jurisdiction of another Party. Such
effects on the environment include effects on human health and safety,
flora, fauna, soil, air, water, climate, landscape and historical
monuments or other physical structures or the interaction among these
factors; they also include effects on the cultural heritage or
socio-economic conditions resulting from alterations to those factors;

3. “Party” means, unless the text otherwise indicates, a Contracting
Party to this Convention;

4. “Riparian Parties” means the Parties bordering the same transboundary
waters;

5. “Joint body” means any bilateral or multilateral commission or other
appropriate institutional arrangements for cooperation between the
Riparian Parties;

6. “Hazardous substances” means substances which are toxic, carcinogenic,
mutagenic, teratogenic or bio-accumulative, especially when they are
persistent;

7. “Best available technology” (the definition is contained in Annex I to
this Convention).

PART I

PROVISIONS RELATING TO ALL PARTIES

Article 2

GENERAL PROVISIONS

1. 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:

(a) To prevent, control and reduce pollution of waters causing or
likely to cause transboundary impact;

(b) To ensure that transboundary waters are used with the aim of
ecologically sound and rational water management, conservation of water
resources and environmental protection;

(c) To ensure that transboundary waters are used in a reasonable and
equitable way, taking into particular account their transboundary
character, in the case of activities which cause or are likely to cause
transboundary impact;

(d) To ensure conservation and, where necessary, restoration of
ecosystems.

3. Measures for the prevention, control and reduction of water pollution
shall be taken, where possible, at source.

4. These measures shall not directly or indirectly result in a transfer
of pollution to other parts of the environment.

5. In taking the measures referred to in paragraphs 1 and 2 of this
article, the Parties shall be guided by the following principles:

(a) The precautionary principle, by virtue of which action to avoid
the potential transboundary impact of the release of hazardous substances
shall not be postponed on the ground that scientific research has not
fully proved a causal link between those substances, on the one hand, and
the potential transboundary impact, on the other hand;

(b) The polluter-pays principle, by virtue of which costs of
pollution prevention, control and reduction measures shall be borne by
the polluter;

(c) Water resources shall be managed so that the needs of the present
generation are met without compromising the ability of future generations
to meet their own needs.

6. The Riparian Parties shall cooperate on the basis of equality and
reciprocity, in particular through bilateral and multilateral agreements,
in order to develop harmonized policies, programmes and strategies
covering the relevant catchment areas, or parts thereof, aimed at the
prevention, control and reduction of transboundary impact and aimed at
the protection of the environment of transboundary waters or the
environment influenced by such waters, including the marine environment.

7. The application of this Convention shall not lead to the deterioration
of environmental conditions nor lead to increased transboundary impact.

8. The provisions of this Convention shall not affect the right of
Parties individually or jointly to adopt and implement more stringent
measures than those set down in this Convention.

Article 3

PREVENTION, CONTROL AND REDUCTION

1. To prevent, control and reduce transboundary impact, the Parties shall
develop, adopt, implement and, as far as possible, render compatible
relevant legal, administrative, economic, financial and technical
measures, in order to ensure, inter alia, that:

(a) The emission of pollutants is prevented, controlled and reduced
at source through the application of, inter alia, low- and non-waste
technology;

(b) Transboundary waters are protected against pollution from point
sources through the prior licensing of waste-water discharges by the
competent national authorities, and that the authorized discharges are
monitored and controlled;

(c) Limits for waste-water discharges stated in permits are based on
the best available technology for discharges of hazardous substances;

(d) Stricter requirements, even leading to prohibition in individual
cases, are imposed when the quality of the receiving water or the
ecosystem so requires;

(e) At least biological treatment or equivalent processes are applied
to municipal waste water, where necessary in a step-by-step approach;

(f) Appropriate measures are taken, such as the application of the
best available technology, in order to reduce nutrient inputs from
industrial and municipal sources;

(g) Appropriate measures and best environmental practices are
developed and implemented for the reduction of inputs of nutrients and
hazardous substances from diffuse sources, especially where the main
sources are from agriculture (guidelines for developing best
environmental practices are given in Annex II to this Convention);

(h) Environmental impact assessment and other means of assessment are
applied;

(i) Sustainable water-resources management, including the application
of the ecosystems approach, is promoted;

(j) Contingency planning is developed;

(k) Additional specific measures are taken to prevent the pollution
of groundwaters;

(l) The risk of accidental pollution is minimized.

2. To this end, each Party shall set emission limits for discharges from
point sources into surface waters based on the best available technology,
which are specifically applicable to individual industrial sectors or
industries from which hazardous substances derive. The appropriate
measures mentioned in paragraph 1 of this article to prevent, control and
reduce the input of hazardous substances from point and diffuse sources
into waters, may, inter alia, include total or partial prohibition of the
production or use of such substances. Existing lists of such industrial
sectors or industries and of such hazardous substances in international
conventions or regulations, which are applicable in the area covered by
this Convention, shall be taken into account.

3. In addition, each Party shall define, where appropriate, water-quality
objectives and adopt water-quality criteria for the purpose of
preventing, controlling and reducing transboundary impact. General
guidance for developing such objectives and criteria is given in Annex
III to this Convention. When necessary, the Parties shall endeavour to
update this annex.

Article 4

MONITORING

The Parties shall establish programmes for monitoring the conditions of
transboundary waters.

Article 5

RESEARCH AND DEVELOPMENT

The Parties shall cooperate in the conduct of research into and
development of effective techniques for the prevention, control and
reduction of transboundary impact. To this effect, the Parties shall, on
a bilateral and/or multilateral basis, taking into account research
activities pursued in relevant international forums, endeavour to
initiate or intensify specific research programmes, where necessary,
aimed, inter alia, at:

(a) Methods for the assessment of the toxicity of hazardous
substances and the noxiousness of pollutants;

(b) Improved knowledge on the occurrence, distribution and
environmental effects of pollutants and the processes involved;

(d) The phasing out and/or substitution of substances likely to have
transboundary impact;

(e) Environmentally sound methods of disposal of hazardous
substances;

(f) Special methods for improving the conditions of transboundary
waters;

(g) The development of environmentally sound water-construction works
and water-regulation techniques;

(h) The physical and financial assessment of damage resulting from
transboundary impact.

The results of these research programmes shall be exchanged among the
Parties in accordance with Article 6 of this Convention.

Article 6

EXCHANGE OF INFORMATION

The Parties shall provide for the widest exchange of information, as
early as possible, on issues covered by the provisions of this
Convention.

Article 7

RESPONSIBILITY AND LIABILITY

The Parties shall support appropriate international efforts to elaborate
rules, criteria and procedures in the field of responsibility and
liability.

Article 8

PROTECTION OF INFORMATION

The provisions of this Convention shall not affect the rights or the
obligations of Parties in accordance with their national legal systems
and applicable supranational regulations to protect information related
to industrial and commercial secrecy, including intellectual property, or
national security.

PART II

PROVISIONS RELATING TO RIPARIAN PARTIES

Article 9

BILATERAL AND MULTILATERAL COOPERATION

1. The Riparian Parties shall on the basis of equality and reciprocity
enter into bilateral or multilateral agreements or other arrangements,
where these do not yet exist, or adapt existing ones, where necessary to
eliminate the contradictions with the basic principles of this
Convention, in order to define their mutual relations and conduct
regarding the prevention, control and reduction of transboundary impact.
The Riparian Parties shall specify the catchment area, or part(s)
thereof, subject to cooperation. These agreements or arrangements shall
embrace relevant issues covered by this Convention, as well as any other
issues on which the Riparian Parties may deem it necessary to cooperate.

2. The agreements or arrangements mentioned in paragraph 1 of this
article shall provide for the establishment of joint bodies. The tasks of
these joint bodies shall be, inter alia, and without prejudice to
relevant existing agreements or arrangements, the following:

(a) To collect, compile and evaluate data in order to identify
pollution sources likely to cause transboundary impact;

(b) To elaborate joint monitoring programmes concerning water quality
and quantity;

(c) To draw up inventories and exchange information on the pollution
sources mentioned in paragraph 2 (a) of this article;

(d) To elaborate emission limits for waste water and evaluate the
effectiveness of control programmes;

(e) To elaborate joint water-quality objectives and criteria having
regard to the provisions of Article 3, paragraph 3 of this Convention,
and to propose relevant measures for maintaining and, where necessary,
improving the existing water quality;

(f) To develop concerted action programmes for the reduction of
pollution loads from both point sources (e.g. municipal and industrial
sources) and diffuse sources (particularly from agriculture);

(g) To establish warning and alarm procedures;

(h) To serve as a forum for the exchange of information on existing
and planned uses of water and related installations that are likely to
cause transboundary impact;

(i) To promote cooperation and exchange of information on the best
available technology in accordance with the provisions of Article 13 of
this Convention, as well as to encourage cooperation in scientific
research programmes;

(j) To participate in the implementation of environmental impact
assessments relating to transboundary waters, in accordance with
appropriate international regulations.

3. In cases where a coastal State, being Party to this Convention, is
directly and significantly affected by transboundary impact, the Riparian
Parties can, if they all so agree, invite that coastal State to be
involved in an appropriate manner in the activities of multilateral joint
bodies established by Parties riparian to such transboundary waters.

4. Joint bodies according to this Convention shall invite joint bodies,
established by coastal States for the protection of the marine
environment directly affected by transboundary impact, to cooperate in
order to harmonize their work and to prevent, control and reduce the
transboundary impact.

5. Where two or more joint bodies exist in the same catchment area, they
shall endeavour to coordinate their activities in order to strengthen the
prevention, control and reduction of transboundary impact within that
catchment area.

Article 10

CONSULTATIONS

Consultations shall be held between the Riparian Parties on the basis of
reciprocity, good faith and good-neighbourliness, at the request of any
such Party. Such consultations shall aim at cooperation regarding the
issues covered by the provisions of this Convention. Any such
consultations shall be conducted through a joint body established under
Article 9 of this Convention, where one exists.

Article 11

JOINT MONITORING AND ASSESSMENT

1. In the framework of general cooperation mentioned in Article 9 of this
Convention, or specific arrangements, the Riparian Parties shall
establish and implement joint programmes for monitoring the conditions of
transboundary waters, including floods and ice drifts, as well as
transboundary impact.

2. The Riparian Parties shall agree upon pollution parameters and
pollutants whose discharges and concentration in transboundary waters
shall be regularly monitored.

3. The Riparian Parties shall, at regular intervals, carry out joint or
coordinated assessments of the conditions of transboundary waters and the
effectiveness of measures taken for the prevention, control and reduction
of transboundary impact. The results of these assessments shall be made
available to the public in accordance with the provisions set out in
Article 16 of this Convention.

4. For these purposes, the Riparian Parties shall harmonize rules for the
setting up and operation of monitoring programmes, measurement systems,
devices, analytical techniques, data processing and evaluation
procedures, and methods for the registration of pollutants discharged.

Article 12

COMMON RESEARCH AND DEVELOPMENT

In the framework of general cooperation mentioned in Article 9 of this
Convention, or specific arrangements, the Riparian Parties shall
undertake specific research and development activities in support of
achieving and maintaining the water-quality objectives and criteria which
they have agreed to set and adopt.

Article 13

EXCHANGE OF INFORMATION BETWEEN RIPARIAN PARTIES

1. The Riparian Parties shall, within the framework of relevant
agreements or other arrangements according to Article 9 of this
Convention, exchange reasonably available data, inter alia, on:

(a) Environmental conditions of transboundary waters;

(b) Experience gained in the application and operation of best
available technology and results of research and development;

(d) Measures taken and planned to be taken to prevent, control and
reduce transboundary impact;

(e) Permits or regulations for waste-water discharges issued by the
competent authority or appropriate body.

2. In order to harmonize emission limits, the Riparian Parties shall
undertake the exchange of information on their national regulations.

3. If a Riparian Party is requested by another Riparian Party to provide
data or information that is not available, the former shall endeavour to
comply with the request but may condition its compliance upon the
payment, by the requesting Party, of reasonable charges for collecting
and, where appropriate, processing such data or information.

4. For the purposes of the implementation of this Convention, the
Riparian Parties shall facilitate the exchange of best available
technology, particularly through the promotion of: the commercial
exchange of available technology; direct industrial contacts and
cooperation, including joint ventures; the exchange of information and
experience; and the provision of technical assistance. The Riparian
Parties shall also undertake joint training programmes and the
organization of relevant seminars and meetings.

Article 14

WARNING AND ALARM SYSTEMS

The Riparian Parties shall without delay inform each other about any
critical situation that may have transboundary impact. The Riparian
Parties shall set up, where appropriate, and operate coordinated or joint
communication, warning and alarm systems with the aim of obtaining and
transmitting information. These systems shall operate on the basis of
compatible data transmission and treatment procedures and facilities to
be agreed upon by the Riparian Parties. The Riparian Parties shall inform
each other about competent authorities or points of contact designated
for this purpose.

Article 15

MUTUAL ASSISTANCE

1. If a critical situation should arise, the Riparian Parties shall
provide mutual assistance upon request, following procedures to be
established in accordance with paragraph 2 of this article.

2. The Riparian Parties shall elaborate and agree upon procedures for
mutual assistance addressing, inter alia, the following issues:

(a) The direction, control, coordination and supervision of
assistance;

(b) Local facilities and services to be rendered by the Party
requesting assistance, including, where necessary, the facilitation of
border-crossing formalities;

(c) Arrangements for holding harmless, indemnifying and/or
compensating the assisting Party and/or its personnel, as well as for
transit through territories of third Parties, where necessary;

(d) Methods of reimbursing assistance services.

Article 16

PUBLIC INFORMATION

1. The Riparian Parties shall ensure that information on the conditions
of transboundary waters, measures taken or planned to be taken to
prevent, control and reduce transboundary impact, and the effectiveness
of those measures, is made available to the public. For this purpose, the
Riparian Parties shall ensure that the following information is made
available to the public:

(a) Water-quality objectives;

(b) Permits issued and the conditions required to be met;

(c) Results of water and effluent sampling carried out for the
purposes of monitoring and assessment, as well as results of checking
compliance with the water-quality objectives or the permit conditions.

2. The Riparian Parties shall ensure that this information shall be
available to the public at all reasonable times for inspection free of
charge, and shall provide members of the public with reasonable
facilities for obtaining from the Riparian Parties, on payment of
reasonable charges, copies of such information.

PART III

INSTITUTIONAL AND FINAL PROVISIONS

Article 17

MEETING OF PARTIES

1. The first meeting of the Parties shall be convened no later than one
year after the date of the entry into force of this Convention.
Thereafter, ordinary meetings shall be held every three years, or at
shorter intervals as laid down in the rules of procedure. The Parties
shall hold an extraordinary meeting if they so decide in the course of an
ordinary meeting or at the written request of any Party, provided that,
within six months of it being communicated to all Parties, the said
request is supported by at least one third of the Parties.

2. At their meetings, the Parties shall keep under continuous review the
implementation of this Convention, and, with this purpose in mind, shall:

(a) Review the policies for and methodological approaches to the
protection and use of transboundary waters of the Parties with a view to
further improving the protection and use of transboundary waters;

(b) Exchange information regarding experience gained in concluding
and implementing bilateral and multilateral agreements or other
arrangements regarding the protection and use of transboundary waters to
which one or more of the Parties are party;

(c) Seek, where appropriate, the services of relevant ECE bodies as
well as other competent international bodies and specific committees in
all aspects pertinent to the achievement of the purposes of this
Convention;

(d) At their first meeting, consider and by consensus adopt rules of
procedure for their meetings;

(e) Consider and adopt proposals for amendments to this Convention;

(f) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Convention.

Article 18

RIGHT TO VOTE

1. Except as provided for in paragraph 2 of this article, each Party to
this Convention shall have one vote.

2. Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes
equal to the number of their member States which are Parties to this
Convention. Such organizations shall not exercise their right to vote if
their member States exercise theirs, and vice versa.

Article 19

SECRETARIAT

The Executive Secretary of the Economic Commission for Europe shall carry
out the following secretariat functions:

(a) The convening and preparing of meetings of the Parties;

(b) The transmission to the Parties of reports and other information
received in accordance with the provisions of this Convention;

Article 20

ANNEXES

Annexes to this Convention shall constitute an integral part thereof.

Article 21

AMENDMENTS TO 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 Parties at least
ninety days before the meeting at which it is proposed for adoption.

4. An amendment to the present Convention shall be adopted by consensus
of the representatives of the Parties to this Convention present at a
meeting of the Parties, and shall enter into force for the Parties to the
Convention which have accepted it on the ninetieth day after the date on
which two thirds of those Parties have deposited with the Depositary
their instruments of acceptance of the amendment. The amendment shall
enter into force for any other Party on the ninetieth day after the date
on which that Party deposits its instrument of acceptance of the
amendment.

Article 22

SETTLEMENT OF DISPUTES

1. If a dispute arises between two or more Parties about the
interpretation or application of this Convention, they shall seek a
solution by negotiation or by any other means of dispute settlement
acceptable to the parties to the dispute.

2. When signing, ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, a Party may declare in writing to
the Depositary that, for a dispute not resolved in accordance with
paragraph 1 of this article, it accepts one or both of the following
means of dispute settlement as compulsory in relation to any Party
accepting, the same obligation:

(a) Submission of the dispute to the International Court of Justice;

(b) Arbitration in accordance with the procedure set out in annex IV.

3. If the parties to the dispute have accepted both means of dispute
settlement referred to in paragraph 2 of this article, the dispute may be
submitted only to the International Court of Justice, unless the parties
agree otherwise.

Article 23

SIGNATURE

This Convention shall be open for signature at Helsinki from 17 to 18
March 1992 inclusive, and thereafter at United Nations Headquarters in
New York until 18 September 1992, by States members of the Economic
Commission for Europe as well as States having consultative status with
the Economic Commission for Europe pursuant to paragraph 8 of Economic
and Social Council resolution 36 (IV) of 28 March 1947, and by regional
economic integration organizations constituted by sovereign States
members of the Economic Commission for Europe to which their member
States have transferred competence over matters governed by this
Convention, including the competence to enter into treaties in respect of
these matters.

Article 24

DEPOSITARY

The Secretary-General of the United Nations shall act as the Depositary
of this Convention.

Article 25

RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. This Convention shall be subject to ratification, acceptance or
approval by signatory States and regional economic integration
organizations.

2. This Convention shall be open for accession by the States and
organizations referred to in Article 23.

3. Any organization referred to in Article 23 which becomes a Party to
this Convention without any of its member States being a Party shall be
bound by all the obligations under this Convention. In the case of such
organizations, one or more of whose member States is a Party to this
Convention, the organization and its member States shall decide on their
respective responsibilities for the performance of their obligations
under this Convention. In such cases, the organization and the member
States shall not be entitled to exercise rights under this Convention
concurrently.

4. In their instruments of ratification, acceptance, approval or
accession, the regional economic integration organizations referred to in
Article 23 shall declare the extent of their competence with respect to
the matters governed by this Convention. These organizations shall also
inform the Depositary of any substantial modification to the extent of
their competence.

Article 26

ENTRY INTO FORCE

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 paragraph 1 of this article, any instrument
deposited by a regional economic integration organization shall not be
counted as additional to those deposited by States members of such an
organization.

3. For each State or organization referred to in Article 23 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 such State or organization of
its instrument of ratification, acceptance, approval or accession.

Article 27

WITHDRAWAL

At any time after three years from the date on which this Convention has
come into force with respect to a Party, that Party may withdraw from the
Convention by giving written notification to the Depositary. Any such
withdrawal shall take effect on the ninetieth day after the date of its
receipt by the Depositary.

Article 28

AUTHENTIC TEXTS

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, being duly authorized thereto, have
signed this Convention.

DONE at Helsinki, this seventeenth day of March one thousand nine hundred
and ninety-two.

ANNEX I

DEFINITION OF THE TERM “BEST AVAILABLE TECHNOLOGY”

1. The term “best available technology” is taken to mean the latest stage
of development of processes, facilities or methods of operation which
indicate the practical suitability of a particular measure for limiting
discharges, emissions and waste. In determining whether a set of
processes, facilities and methods of operation constitute the best
available technology in general or specific cases, special consideration
is given to:

(a) Comparable processes, facilities or methods of operation which
have recently been successfully tried out;

(b) Technological advances and changes in scientific knowledge and
understanding;

(d) Time limits for installation in both new and existing plants;

(e) The nature and volume of the discharges and effluents concerned;

(f) Low- and non-waste technology.

2. It therefore follows that what is “best available technology” for a
particular process will change with time in the light of technological
advances, economic and social factors, as well as in the light of changes
in scientific knowledge and understanding.

ANNEX II

GUIDELINES FOR DEVELOPING BEST ENVIRONMENTAL PRACTICES

1. In selecting for individual cases the most appropriate combination of
measures which may constitute the best environmental practice, the
following graduated range of measures should be considered:

(a) Provision of information and education to the public and to users
about the environmental consequences of the choice of particular
activities and products, their use and ultimate disposal;

(b) The development and application of codes of good environmental
practice which cover all aspects of the product’s life;

(d) Collection and disposal systems available to the public;

(e) Recycling, recovery and reuse;

(f) Application of economic instruments to activities, products or
groups of products;

(g) A system of licensing, which involves a range of restrictions or
a ban.

2. In determining what combination of measures constitute best
environmental practices, in general or in individual cases, particular
consideration should be given to:

(a) The environmental hazard of:

(i) The product;
(ii) The product’s production;
(iii) The product’s use;
(iv) The product’s ultimate disposal;

(b) Substitution by less polluting processes or substances;

(d) Potential environmental benefit or penalty of substitute
materials or activities;

(e) Advances and changes in scientific knowledge and understanding;

(f) Time limits for implementation;

(g) Social and economic implications.

3. It therefore follows that best environmental practices for a
particular source will change with time in the light of technological
advances, economic and social factors, as well as in the light of changes
in scientific knowledge and understanding.

ANNEX III

GUIDELINES FOR DEVELOPING WATER-QUALITY
OBJECTIVES AND CRITERIA

Water-quality objectives and criteria shall:

(a) Take into account the aim of maintaining and, where necessary,
improving the existing water quality;

(b) Aim at the reduction of average pollution loads (in particular
hazardous substances) to a certain degree within a certain period of
time;

(d) Take into account specific requirements regarding sensitive and
specially protected waters and their environment, e.g. lakes and
groundwater resources;

(e) Be based on the application of ecological classification methods
and chemical indices for the medium- and long-term review of water-
quality maintenance and improvement;

(f) Take into account the degree to which objectives are reached and
the additional protective measures, based on emission limits, which may
be required in individual cases.

ANNEX IV

ARBITRATION

1. In the event of a dispute being submitted for arbitration pursuant to
article 22, paragraph 2 of this Convention, a party or parties shall
notify the secretariat of the subject-matter of arbitration and 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. Both the
claimant party or parties and the other party or parties to the dispute
shall appoint an arbitrator, and the two arbitrators so appointed shall
designate by common agreement the third arbitrator, who shall be the
president of the arbitral tribunal. The latter shall not be a national of
one of the parties to the dispute, nor have his or her usual place of
residence in the territory of one of these parties, nor be employed by
any of them, nor have dealt with the case in any other capacity.

3. If the president of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Executive Secretary of the Economic Commission for Europe shall, at the
request of either party to the dispute, designate the president within a
further two-month period.

4. If one of the parties to the dispute does not appoint an arbitrator
within two months of the receipt of the request, the other party may so
inform the Executive Secretary of the Economic Commission for Europe, who
shall designate the president of the arbitral tribunal within a further
two-month period. Upon designation, the president of the arbitral
tribunal shall request the party which has not appointed an arbitrator to
do so within two months. If it fails to do so within that period, the
president shall so inform the Executive Secretary of the Economic
Commission for Europe, who shall make this appointment within a further
two-month period.

5. The arbitral tribunal shall render its decision in accordance with
international law and the provisions of this Convention.

6. Any arbitral tribunal constituted under the provisions set out in this
annex shall draw up its own rules of procedure.

7. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.

8. The tribunal may take all appropriate measures to establish the facts.

9. The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using all means at their disposal, shall:

(a) Provide it with all relevant documents, facilities and
information;

(b) Enable it, where necessary, to call witnesses or experts and
receive their evidence.

10. The parties and the arbitrators shall protect the confidentiality of
any information they receive in confidence during the proceedings of the
arbitral tribunal.

11. The arbitral tribunal may, at the request of one of the parties,
recommend interim measures of protection.

12. If one of the parties to the dispute does not appear before the
arbitral tribunal or fails to defend its case, the other party may
request the tribunal to continue the proceedings and to render its final
decision. Absence of a party or failure of a party to defend its case
shall not constitute a bar to the proceedings.

13. The arbitral tribunal may hear and determine counter-claims arising
directly out of the subject-matter of the dispute.

14. Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the expenses of the tribunal,
including the remuneration of its members, shall be borne by the parties
to the dispute in equal shares. The tribunal shall keep a record of all
its expenses, and shall furnish a final statement thereof to the parties.

15. Any Party to this Convention which has an interest of a legal nature
in the subject-matter of the dispute, and which may be affected by a
decision in the case, may intervene in the proceedings with the consent
of the tribunal.

16. The arbitral tribunal shall render its award within five months of
the date on which it is established, unless it finds it necessary to
extend the time limit for a period which should not exceed five months.

17. The award of the arbitral tribunal shall be accompanied by a
statement of reasons. It shall be final and binding upon all parties to
the dispute. The award will be transmitted by the arbitral tribunal to
the parties to the dispute and to the secretariat. The secretariat will
forward the information received to all Parties to this Convention.

18. Any dispute which may arise between the parties concerning the
interpretation or execution of the award may be submitted by either party
to the arbitral tribunal which made the award or, in the latter cannot be
seized thereof, to another tribunal constituted for this purpose in the
same manner as the first.

Convention on the Protection and Use of Transboundary Watercourses

Convention on the Protection and Use of Transboundary Watercourses in United States

Convention on the Protection and Use of Transboundary Watercourses

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