XIII
Rozhodčí řízení
1. Nárokující Strana nebo
Strany oznámí sekretariátu, že se Strany dohodly předložit spor
k rozhodčímu řízení podle článku 21 odstavce 2 této Úmluvy.
V oznámení bude uveden předmět rozhodčího řízení a zejména
články této Úmluvy, jejichž výklad nebo aplikace jsou předmětem
sporu. Sekretariát postoupí obdržené informace všem Stranám
této Úmluvy.
2. Rozhodčí soud pozůstává
ze tří členů. Jak nárokující Strana nebo Strany, tak i druhá
Strana (druhé Strany) sporu určí rozhodčího a dva takto určení
rozhodčí jmenují po vzájemné dohodě třetího rozhodčího,
který bude předsedou rozhodčí komise. Předseda nesmí být
občanem státu žádného účastníka sporu, ani nesmí mít své
obvyklé bydliště na území některého z účastníků, nesmí
být zaměstnáván žádným z nich ani není jinak zainteresován v
tomto případě.
3. Nebude-li předseda
rozhodčího soudu jmenován do dvou měsíců po jmenování druhého
rozhodčího, jmenuje předsedu na žádost kteréhokoliv účastníka
sporu Výkonný tajemník Evropské hospodářské komise během
další lhůty dvou měsíců.
4. Nejmenuje-li jeden z
účastníků sporu rozhodčího do dvou měsíců po obdržení
žádosti, druhý účastník sporu může informovat Výkonného
tajemníka Evropské hospodářské komise, který jmenuje předsedu
rozhodčího soudu během další lhůty dvou měsíců. Předseda
rozhodčího soudu požádá po jmenování účastníka, který
nejmenoval rozhodčího, aby tak učinil do dvou měsíců.
Neučiní-li tak v této lhůtě, předseda bude infomovat Výkonného
tajemníka Evropské hospodářské komise, který provede toto
jmenování během dalších dvou měsíců.
5. Rozhodčí soud vydá své
rozhodnutí v souladu s mezinárodním právem a v souladu s
ustanoveními této Úmluvy.
6. Kterýkoli rozhodčí soud
zřízený podle ustanovení této přílohy si stanoví svůj
vlastní jednací řád.
7. Rozhodnutí rozhodčího
soudu, ať již jde o procedurální otázky nebo o předmět sporu,
budou přijímána většinou hlasů jeho členů.
8. Soud může přijímat
veškerá vhodná opatření za účelem zjištění faktů.
9. Účastníci sporu budou
napomáhat práci rozhodčího soudu a zejména, s užitím všech
prostředků, které mají k dispozici:
(a) Poskytnou soudu všechny
příslušné dokumenty, vybavení a informace;
(b) Umožní soudu, pokud je
to nezbytné, předvolávat svědky nebo odborníky a vyslechnout
jejich svědectví.
10. Účastníci sporu a
rozhodčí budou chránit důvěrnost jakékoliv informace kterou
získají jako důvěrnou během jednání rozhodčího soudu.
11. Rozhodčí soud může na
žádost jednoho z účastníků sporu doporučit prozatímní
ochranná opatření.
12. Nedostaví-li se jeden z
účastníků sporu před rozhodčí soud nebo nezúčastní-li se
jeho řízení, druhý účastník může požádat soud, aby
pokračoval v jednání a vydal své konečné rozhodnutí.
Nepřítomnost účastníka nebo jeho neúčast v řízení není
překážkou řízení.
13. Rozhodčí soud může
projednat protinároky vznikající bezprostředně z podstaty sporu
a rozhodnout o nich.
14. Nerozhodne-li rozhodčí
soud jinak vzhledem ke zvláštním okolnostem případu, výdaji
soudu, včetně odměn jeho členů, budou zatíženi rovným dílem
účastníci sporu. Soud vede účetní záznamy o všech svých
výdajích a předloží všem účastníkům sporu jejich závěrečné
vyúčtování.
15. Kterákoli Strana této
Úmluvy která má zájem právní povahy o předmět sporu a která
může být dotčena rozhodnutím v této záležitosti se může se
souhlasem soudu zúčastnit jednání.
16. Rozhodčí soud vydá svůj
nález do pěti měsíců od data, kdy byl
zřízen, pokud neshledá
nutným rozšířit tuto časovou lhůtu o období, které by nemělo
přesáhnout pět měsíců.
17.
Nález rozhodčího soudu bude provázen zdůvodněním. Bude konečné
a závazné pro všechny účastníky sporu. Nález předá rozhodčí
soud účastníkům sporu a sekretariátu. Sekretariát postoupí
obdrženou informaci všem Stranám této Úmluvy.
18. Kterýkoliv spor, který
může vzniknout mezi účastníky sporu ohledně výkladu nebo
provedení nálezu může být kterýmkoliv účastníkem předložen
rozhodčímu soudu, který nález vydal, nebo, není-li tento soud k
dispozici, jinému soudu ustavenému za tímto účelem týmž
způsobem jako soud první.
CONVENTION
ON THE TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS
PREAMBLE
The
Parties to this Convention,
Mindful
of the special importance, in the interest of present and future
generations, of protecting human beings and the environment against
the effects of industrial accidents,
Recognizing
the importance and urgency of preventing serious adverse effects of
industrial accidents on human beings and the environment, and of
promoting all measures that stimulate the rational, economic and
efficient use of preventive, preparedness and response measures to
enable environmentally sound and sustainable economic development,
Taking
into account the
fact that the effects of industrial accidents may make themselves
felt across borders, and require cooperation among States,
Affirming
the need to promote active international cooperation among the States
concerned before, during and after an accident, to enhance
appropriate policies and to reinforce and coordinate action at all
appropriate levels for promoting the prevention of, preparedness for
and response to the transboundary effects of industrial accidents,
Noting
the importance and usefulness of bilateral and multilateral
arrangements for the prevention of, preparedness for and response to
the effects of industrial accidents,
Conscious
of the role played in this respect by the United Nations Economic
Commission for Europe (ECE) and recalling, inter
alia, the ECE Code
of Conduct on Accidental Pollution of Transboundary Inland Waters and
the Convention on Environmental Impact Assessment in a Transboundary
Context,
Having
regard to the
relevant provisions of the Final Act of the Conference on Security
and Cooperation in Europe (CSCE), the Concluding Document of the
Vienna Meeting of Representatives of the Participating States of the
CSCE, and the outcome of the Sofia Meeting on the Protection of the
Environment of the CSCE, as well as to pertinent activities and
mechanisms in the United Nations Environment Programme (UNEP), in
particular the APELL programme, in the International Labour
Organisation (ILO), in particular the Code of Practice on the
Prevention of Major Industrial Accidents, and in other relevant
international organizations,
Considering
the pertinent provisions of the Declaration of the United Nations
Conference on the Human Environment, and in particular principle 21,
according to which States have, in accordance with the Charter of the
United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own
environmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause damage
to the environment of other States or of areas beyond the limits of
national jurisdiction,
Taking
account of the
polluter-pays principle as a general principle of international
environmental law,
Underlining
the principles of international law and custom, in particular the
principles of good-neighbourliness, reciprocity, non-discrimination
and good faith,
Have
agreed as follows:
Article 1
DEFINITIONS
For
the purposes of this Convention,
(a)
"Industrial accident" means an event resulting from an
uncontrolled development in the course of any activity involving
hazardous substances either:
(i)
In an installation, for example during manufacture, use, storage,
handling, or disposal; or
(ii)
During transportation in so far as it is covered by paragraph 2(d) of
Article 2;
(b)
"Hazardous activity" means any activity in which one or
more hazardous substances are present or may be present in quantities
at or in excess of the threshold quantities listed in Annex I hereto,
and which is capable of causing transboundary effects;
(c)
"Effects" means any direct or indirect, immediate or
delayed adverse consequences caused by an industrial accident on,
inter alia:
(i)
Human beings, flora and fauna;
(ii)
Soil, water, air and landscape;
(iii)
The interaction between the factors in (i) and (ii);
(iv)
Material assets and cultural heritage, including historical
monuments;
(d)
"Transboundary effects" means serious effects within the
jurisdiction of a Party as a result of an industrial accident
occurring within the jurisdiction of another Party;
(e)
"Operator" means any natural or legal person, including
public authorities, in charge of an activity, e.g. supervising,
planning to carry out or carrying out an activity;
(f)
"Party" means, unless the text otherwise indicates, a
Contracting Party to this Convention;
(g)
"Party of origin" means any Party or Parties under whose
jurisdiction an industrial accident occurs or is capable of
occurring;
(h)
"Affected Party" means any Party or Parties affected or
capable of being affected by transboundary effects of an industrial
accident;
(i)
"Parties concerned" means any Party of origin and any
affected Party;
(j)
"The public" means one or more natural or legal persons.
Article 2
SCOPE
1.
This Convention shall apply to the prevention of, preparedness for
and response to industrial accidents capable of causing transboundary
effects, including the effects of such accidents caused by natural
disasters, and to international cooperation concerning mutual
assistance, research and development, exchange of information and
exchange of technology in the area of prevention of, preparedness for
and response to industrial accidents.
2.
This Convention shall not apply to:
(a)
Nuclear accidents or radiological emergencies;
(b)
Accidents at military installations;
(c)
Dam failures, with the exception of the effects of industrial
accidents caused by such failures;
(d)
Land-based transport accidents with the exception of:
(i)
Emergency response to such accidents;
(ii)
Transportation on the site of the hazardous activity;
(e)
Accidental release of genetically modified organisms;
(f)
Accidents caused by activities in the marine environment, including
seabed exploration or exploitation;
(g)
Spills of oil or other harmful substances at sea.
Article 3
GENERAL PROVISIONS
1.
The Parties shall, taking into account efforts already made at
national and international levels, take appropriate measures and
cooperate within the framework of this Convention, to protect human
beings and the environment against industrial accidents by preventing
such accidents as far as possible, by reducing their frequency and
severity and by mitigating their effects. To this end, preventive,
preparedness and response measures, including restoration measures,
shall be applied.
2.
The Parties shall, by means of exchange of information, consultation
and other cooperative measures and without undue delay, develop and
implement policies and strategies for reducing the risks of
industrial accidents and improving preventive, preparedness and
response measures, including restoration measures, taking into
account, in order to avoid unnecessary duplication, efforts already
made at national and international levels.
3.
The Parties shall ensure that the operator is obliged to take all
measures necessary for the safe performance of the hazardous activity
and for the prevention of industrial accidents.
4.
To implement the provisions of this Convention, the Parties shall
take appropriate legislative, regulatory, administrative and
financial measures for the prevention of, preparedness for and
response to industrial accidents.
5.
The provisions of this Convention shall not prejudice any obligations
of the Parties under international law with regard to industrial
accidents and hazardous activities.
Article 4
IDENTIFICATION,
CONSULTATION AND ADVICE
1.
For the purpose of undertaking preventive measures and setting up
preparedness measures, the Party of origin shall take measures, as
appropriate, to identify hazardous activities within its jurisdiction
and to ensure that affected Parties are notified of any such proposed
or existing activity.
2.
Parties concerned shall, at the initiative of any such Party, enter
into discussions on the identification of those hazardous activities
that are, reasonably, capable of causing transboundary effects. If
the Parties concerned do not agree on whether an activity is such a
hazardous activity, any such Party may, unless the Parties concerned
agree on another method of resolving the question, submit that
question to an inquiry commission in accordance with the provisions
of Annex II hereto for advice,
3.
The Parties shall, with respect to proposed or existing hazardous
activities, apply the procedures set out in Annex III hereto.
4.
When a hazardous activity is subject to an environmental impact
assessment in accordance with the Convention on Environmental Impact
Assessment in a Transboundary Context and that assessment includes an
evaluation of the transboundary effects of industrial accidents from
the hazardous activity which is performed in conformity with the
terms of this Convention, the final decision taken for the purposes
of the Convention on Environmental Impact Assessment in a
Transboundary Context shall fulfil the relevant requirements of this
Convention.
Article 5
VOLUNTARY EXTENSION
Parties
concerned should, at the initiative of any of them, enter into
discussions on whether to treat an activity not covered by Annex I as
a hazardous activity. Upon mutual agreement, they may use an advisory
mechanism of their choice, or an inquiry commission in accordance
with Annex`II, to advise them. Where the Parties concerned so agree,
this Convention, or any part thereof, shall apply to the activity in
question as if it were a hazardous activity.
Article 6
PREVENTION
1.
The Parties shall take appropriate measures for the prevention of
industrial accidents, including measures to induce action by
operators to reduce the risk of industrial accidents. Such measures
may include, but are not limited to those referred to in Annex IV
hereto.
2.
With regard to any hazardous activity, the Party of origin shall
require the operator to demonstrate the safe performance of the
hazardous activity by the provision of information such as basic
details of the process, including but not limited to, analysis and
evaluation as detailed in Annex V hereto.
Article 7
DECISION-MAKING ON SITING
Within
the framework of its legal system, the Party of origin shall, with
the objective of minimizing the risk to the population and the
environment of all affected Parties, seek the establishment of
policies on the siting of new hazardous activities and on significant
modifications to existing hazardous activities. Within the framework
of their legal systems, the affected Parties shall seek the
establishment of policies on significant developments in areas which
could be affected by transboundary effects of an industrial accident
arising out of a hazardous activity so as to minimize the risks
involved. In elaborating and establishing these policies, the Parties
should consider the matters set out in Annex V, paragraph 2,
subparagraphs (1) to (8), and Annex VI hereto.
Article 8
EMERGENCY PREPAREDNESS
1.
The Parties shall take appropriate measures to establish and maintain
adequate emergency preparedness to respond to industrial accidents.
The Parties shall ensure that preparedness measures are taken to
mitigate transboundary effects of such accidents, on-site duties
being undertaken by operators. These measures may include, but are
not limited to those referred to in Annex VII hereto. In particular,
the Parties concerned shall inform each other of their contingency
plans.
2.
The Party of origin shall ensure for hazardous activities the
preparation and implementation of on-site contingency plans,
including suitable measures for response and other measures to
prevent and minimize transboundary effects. The Party of origin shall
provide to the other Parties concerned the elements it has for the
elaboration of contingency plans.
3.
Each Party shall ensure for hazardous activities the preparation and
implementation of off-site contingency plans covering measures to be
taken within its territory to prevent and minimize transboundary
effects. In preparing these plans, account shall be taken of the
conclusions of analysis and evaluation, in particular the matters set
out in Annex V, paragraph 2, subparagraphs (1) to (5). Parties
concerned shall endeavour to make such plans compatible. Where
appropriate, joint off-site contingency plans shall be drawn up in
order to facilitate the adoption of adequate response measures.
4.
Contingency plans should be reviewed regularly, or when circumstances
so require, taking into account the experience gained in dealing with
actual emergencies.
Article 9
INFORMATION TO, AND
PARTICIPATION OF THE PUBLIC
1.
The Parties shall ensure that adequate information is given to the
public in the areas capable of being affected by an industrial
accident arising out of a hazardous activity. This information shall
be transmitted through such channels as the Parties deem appropriate,
shall include the elements contained in Annex VIII hereto and should
take into account matters set out in Annex V, paragraph 2,
subparagraphs (1) to (4) and (9).
2.
The Party of origin shall, in accordance with the provisions of this
Convention and whenever possible and appropriate, give the public in
the areas capable of being affected an opportunity to participate in
relevant procedures with the aim of making known its views and
concerns on prevention and preparedness measures, and shall ensure
that the opportunity given to the public of the affected Party is
equivalent to that given to the public of the Party of origin.
3.
The Parties shall, in accordance with their legal systems and, if
desired, on a reciprocal basis provide natural or legal persons who
are being or are capable of being adversely affected by the
transboundary effects of an industrial accident in the territory of a
Party, with access to, and treatment in the relevant administrative
and judicial proceedings, including the possibilities of starting a
legal action and appealing a decision affecting their rights,
equivalent to those available to persons within their own
jurisdiction.
Article 10
INDUSTRIAL ACCIDENT
NOTIFICATION SYSTEMS
1.
The Parties shall, with the aim of obtaining and transmitting
industrial accident notifications containing information needed to
counteract transboundary effects, provide for the establishment and
operation of compatible and efficient industrial accident
notification systems at appropriate levels.
2.
In the event of an industrial accident, or imminent threat thereof,
which causes or is capable of causing transboundary effects, the
Party of origin shall ensure that affected Parties are, without
delay, notified at appropriate levels through the industrial accident
notification systems. Such notification shall include the elements
contained in Annex IX hereto.
3.
The Parties concerned shall ensure that, in the event of an
industrial accident or imminent threat thereof, the contingency plans
prepared in accordance with Article 8 are activated as soon as
possible and to the extent appropriate to the circumstances.
Article 11
RESPONSE
1.
The Parties shall ensure that, in the event of an industrial
accident, or imminent threat thereof, adequate response measures are
taken, as soon as possible and using the most efficient practices, to
contain and minimize effects.
2.
In the event of an industrial accident, or imminent threat thereof,
which causes or is capable of causing transboundary effects, the
Parties concerned shall ensure that the effects are assessed - where
appropriate, jointly for the purpose of taking adequate response
measures. The Parties concerned shall endeavour to coordinate their
response measures.
Article 12
MUTUAL ASSISTANCE
1.
If a Party needs assistance in the event of an industrial accident,
it may ask for assistance from other Parties, indicating the scope
and type of assistance required. A Party to whom a request for
assistance is directed shall promptly decide and inform the
requesting Party whether it is in a position to render the assistance
required and indicate the scope and terms of the assistance that
might be rendered.
2.
The Parties concerned shall cooperate to facilitate the prompt
provision of assistance agreed to under paragraph 1 of this Article,
including, where appropriate, action to minimize the consequences and
effects of the industrial accident, and to provide general
assistance. Where Parties do not have bilateral or multilateral
agreements which cover their arrangements for providing mutual
assistance, the assistance shall be rendered in accordance with Annex
X hereto, unless the Parties agree otherwise.
Article 13
RESPONSIBILITY AND
LIABILITY
The
Parties shall support appropriate international efforts to elaborate
rules, criteria and procedures in the field of responsibility and
liability.
Article 14
RESEARCH AND DEVELOPMENT
The
Parties shall, as appropriate, initiate and cooperate in the conduct
of research into, and in the development of methods and technologies
for the prevention of, preparedness for and response to industrial
accidents. For these purposes, the Parties shall encourage and
actively promote scientific and technological cooperation, including
research into less hazardous processes aimed at limiting accident
hazards and preventing and limiting the consequences of industrial
accidents.
Article 15
EXCHANGE OF INFORMATION
The
Parties shall, at the multilateral or bilateral level, exchange
reasonably obtainable information, including the elements contained
in Annex`XI hereto.
Article 16
EXCHANGE OF TECHNOLOGY
1.
The Parties shall, consistent with their laws, regulations and
practices, facilitate the exchange of technology for the prevention
of, preparedness for and response to the effects of industrial
accidents, particularly through the promotion of:
(a)
Exchange of available technology on various financial bases;
(b)
Direct industrial contacts and cooperation;
(c)
Exchange of information and experience;
(d)
Provision of technical assistance.
2.
In promoting the activities specified in paragraph 1, subpararagraphs
(a) to (d) of this Article, the Parties shall create favourable
conditions by facilitating contacts and cooperation among appropriate
organizations and individuals in both the private and the public
sectors that are capable of providing technology, design and
engineering services, equipment or finance.
Article 17
COMPETENT AUTHORITIES AND
POINTS OF CONTACT
1.
Each Party shall designate or establish one or more competent
authorities for the purposes of this Convention.
2.
Without prejudice to other arrangements at the bilateral or
multilateral level, each Party shall designate or establish one point
of contact for the purpose of industrial accident notifications
pursuant to Article 10, and one point of contact for the purpose of
mutual assistance pursuant to Article 12. These points of contact
should preferably be the same.
3.
Each Party shall, within three months of the date of entry into force
of this Convention for that Party, inform the other Parties, through
the secretariat referred to in Article 20, which body or bodies it
has designated as its point(s) of contact and as its competent
authority or authorities.
4.
Each Party shall, within one month of the date of decision, inform
the other Parties, through the secretariat, of any changes regarding
the designation(s) it has made under paragraph 3 of this Article.
5.
Each Party shall keep its point of contact and industrial accident
notification systems pursuant to Article 10 operational at all times.
6.
Each Party shall keep its point of contact and the authorities
responsible for making and receiving requests for, and accepting
offers of assistance pursuant to Article 12 operational at all times.
Article 18
CONFERENCE OF THE PARTIES
1.
The representatives of the Parties shall constitute the Conference of
the Parties of this Convention and hold their meetings on a regular
basis. The first meeting of the Conference of the Parties shall be
convened not later than one year after the date of the entry into
force of this Convention. Thereafter, a meeting of the Conference of
the Parties shall be held at least once a year or at the written
request of any Party, provided that, within six months of the request
being communicated to them by the secretariat, it is supported by at
least one third of the Parties.
2.
The Conference of the Parties shall:
(a)
Review the implementation of this Convention;
(b)
Carry out advisory functions aimed at strengthening the ability of
Parties to prevent, prepare for and respond to the transboundary
effects of industrial accidents, and at facilitating the provision of
technical assistance and advice at the request of Parties faced with
industrial accidents;
(c)
Establish, as appropriate, working groups and other appropriate
mechanisms to consider matters related to the implementation and
development of this Convention and, to this end, to prepare
appropriate studies and other documentation and submit
recommendations for consideration by the Conference of the Parties;
(d)
Fulfil such other functions as may be appropriate under the
provisions of this Convention;
(e)
At its first meeting, consider and, by consensus, adopt rules of
procedure for its meetings.
3.
The Conference of the Parties, in discharging its functions, shall,
when it deems appropriate, also cooperate with other relevant
international organizations.
4.
The Conference of the Parties shall, at its first meeting, establish
a programme of work, in particular with regard to the items contained
in Annex`XII hereto. The Conference of the Parties shall also decide
on the method of work, including the use of national centres and
cooperation with relevant international organizations and the
establishment of a system with a view to facilitating the
implementation of this Convention, in particular for mutual
assistance in the event of an industrial accident, and building upon
pertinent existing activities within relevant international
organizations. As part of the programme of work, the Conference of
the Parties shall review existing national, regional and
international centres, and other bodies and programmes aimed at
coordinating information and efforts in the prevention of,
preparedness for and response to industrial accidents, with a view to
determining what additional international institutions or centres may
be needed to carry out the tasks listed in Annex XII.
5.
The Conference of the Parties shall, at its first meeting, commence
consideration of procedures to create more favourable conditions for
the exchange of technology for the prevention of, preparedness for
and response to the effects of industrial accidents.
6.
The Conference of the Parties shall adopt guidelines and criteria to
facilitate the identification of hazardous activities for the
purposes of this Convention.
Article 19
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 as defined in Article 27
shall, in matters within their competence, 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 20
SECRETARIAT
The
Executive Secretary of the Economic Commission for Europe shall carry
out the following secretariat functions:
(a)
Convene and prepare meetings of the Parties;
(b)
Transmit to the Parties reports and other information received in
accordance with the provisions of this Convention;
(c)
Such other functions as may be determined by the Parties.
Article 21
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 method 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
XIII hereto.
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 to the dispute agree otherwise.
Article 22
LIMITATIONS ON THE SUPPLY
OF INFORMATION
1.
The provisions of this Convention shall not affect the rights or the
obligations of Parties in accordance with their national laws,
regulations, administrative provisions or accepted legal practices
and applicable international regulations to protect information
related to personal data, industrial and commercial secrecy,
including intellectual property, or national security.
2.
If a Party nevertheless decides to supply such protected information
to another Party, the Party receiving such protected information
shall respect the confidentiality of the information received and the
conditions under which it is supplied, and shall only use that
information for the purposes for which it was supplied.
Article 23
IMPLEMENTATION
The
Parties shall report periodically on the implementation of this
Convention.
Article 24
BILATERAL AND MULTILATERAL
AGREEMENTS
1.
The Parties may, in order to implement their obligations under this
Convention, continue existing or enter into new bilateral or
multilateral agreements or other arrangements.
2.
The provisions of this Convention shall not affect the right of
Parties to take, by bilateral or multilateral agreement where
appropriate, more stringent measures than those required by this
Convention.
Article 25
STATUS OF ANNEXES
The
Annexes to this Convention form an integral part of the Convention.
Article 26
AMENDMENTS TO THE
CONVENTION
1.
Any Party may propose amendments to this Convention.
2.
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 circulate it to all Parties. The
Conference of the Parties shall discuss proposed amendments at its
next annual meeting, provided that such proposals have been
circulated to the Parties by the Executive Secretary of the Economic
Commission for Europe at least ninety days in advance.
3.
For amendments to this Convention - other than those to Annex I, for
which the procedure is described in paragraph 4 of this Article:
(a)
Amendments shall be adopted by consensus of the Parties present at
the meeting and shall be submitted by the Depositary to all Parties
for ratification, acceptance or approval;
(b)
Instruments of ratification, acceptance or approval of amendments
shall be deposited with the Depositary. Amendments adopted in
accordance with this Article shall enter into force for Parties that
have accepted them on the ninetieth day following the day of receipt
by the Depositary of the sixteenth instrument of ratification,
acceptance or approval;
(c)
Thereafter, amendments shall enter into force for any other Party on
the ninetieth day after that Party deposits its instruments of
ratification, acceptance or approval of the amendments.
4.
For amendments to Annex I:
(a)
The Parties shall make every effort to reach agreement by consensus.
If all efforts at consensus have been exhausted and no agreement
reached, the amendments shall, as a last resort, be adopted by a
nine-tenths majority vote of the Parties present and voting at the
meeting. If adopted by the Conference of the Parties, the amendments
shall be communicated to the Parties and recommended for approval;
(b)
On the expiry of twelve months from the date of their communication
by the Executive Secretary of the Economic Commission for Europe, the
amendments to Annex I shall become effective for those Parties to
this Convention which have not submitted a notification in accordance
with the provisions of paragraph 4(c) of this Article, provided that
at least sixteen Parties have not submitted such a notification;
(c)
Any Party that is unable to approve an amendment to Annex I of this
Convention shall so notify the Executive Secretary of the Economic
Commission for Europe in writing within twelve months from the date
of the communication of the adoption. The Executive Secretary shall
without delay notify all Parties of any such notification received. A
Party may at any time substitute an acceptance for its previous
notification and the amendment to Annex I shall thereupon enter into
force for that Party.
(d)
For the purpose of this paragraph "Parties present and voting"
means Parties present and casting an affirmative or negative vote.
Article 27
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
in respect of matters governed by this Convention, including the
competence to enter into treaties in respect of these matters.
Article 28
DEPOSITARY
The
Secretary-General of the United Nations shall act as the Depositary
of this Convention.
Article 29
RATIFICATION, ACCEPTANCE,
APPROVAL AND ACCESSION
1.
This Convention shall be subject to ratification, acceptance or
approval by the signatory States and regional economic integration
organizations referred to in Article 27.
2.
This Convention shall be open for accession by the States and
organizations referred to in Article 27.
3.
Any organization referred to in Article 27 which becomes 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 27 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 30
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 an organization referred to in Article 27 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 27 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 of deposit by such State or
organization of its instrument of ratification, acceptance, approval
or accession.
Article 31
WITHDRAWAL
1.
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 this Convention by giving written notification to the
Depositary. Any such withdrawal shall take effect on the ninetieth
day after the date of the receipt of the notification by the
Depositary.
2.
Any such withdrawal shall not affect the application of Article 4 to
an activity in respect of which a notification has been made pursuant
to Article`4, paragraph 1, or a request for discussions has been made
pursuant to Article 4, paragraph 2.
Article 32
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
HAZARDOUS SUBSTANCES FOR
THE PURPOSES OF EFINING HAZARDOUS ACTIVITIES
The
quantities set out below relate to each activity or group of
activities. Where a range of quantities is given in Part I, the
threshold quantities are the maximum quantities given in each range.
Five years after the entry into force of this Convention, the lowest
quantity given in each range shall become the threshold quantity,
unless amended.
Where
a substance or preparation named in Part II also falls within a
category in Part I, the threshold quantity set out in Part II shall
be used.
For
the identification of hazardous activities, Parties shall take into
consideration the foreseeable possibility of aggravation of the
hazards involved and the quantities of the hazardous substances and
their proximity, whether under the charge of one or more operators.
PART
I. Categories of substances and preparations not specifically named
in Part II
Category
|
Threshold
Quantity
(Tonnes)
|
1. Flammable gases 1a)
including LPG
|
200
|
2. Highly flammable liquids
1b)
|
50,000
|
3. Very toxic 1c)
|
20
|
4. Toxic 1d)
|
500-200
|
5. Oxidizing 1e)
|
500-200
|
6. Explosive 1f)
|
200-50
|
7. Flammable liquids 1g)
(handled under special conditions of pressure and temperature)
|
200
|
8. Dangerous for the
environment 1h)
|
200
|
PART
II. Named substances
Substance
|
Threshold
Quantity
(Tonnes)
|
1. Ammonia
|
500
|
2
a Ammonium nitrate 2)
|
2,500
|
2
b Ammonium nitrate in the form of fertilizers 3)
|
10,000
|
3. Acrylonitrile
|
200
|
4. Chlorine
|
25
|
5. Ethylene oxide
|
50
|
6. Hydrogen cyanide
|
20
|
7. Hydrogen fluoride
|
50
|
8. Hydrogen sulphide
|
50
|
9. Sulphur dioxide
|
250
|
10. Sulphur trioxide
|
75
|
11. Lead alkyls
|
50
|
12. Phosgene
|
0.75
|
13. Methyl isocyanate
|
0.15
|
NOTES
1.
Indicative criteria.
In the absence of other appropriate criteria, Parties may use the
following criteria when classifying substances or preparations for
the purposes of Part I of this Annex.
(a)
FLAMMABLE GASES: substances which in the gaseous state at normal
pressure and mixed with air become flammable and the boiling point of
which at normal pressure is 20'C or below;
(b)
HIGHLY FLAMMABLE LIQUIDS: substances which have a flash point lower
than 21'C and the boiling point of which at normal pressure is above
20'C;
(c)
VERY TOXIC: substances with properties corresponding to those in
table 1 or table 2 below, and which, owing to their physical and
chemical properties, are capable of creating industrial accident
hazards.
TABLE
1
LD50(oral)(1)
mg/kg
body weight
LD50<=
25
|
LD50(dermal)(2)
mg/kg
body weight
LD50<=
50
|
LC50(3)
mg/l
(inhalation)
LC50
<=
0.5
|
(1)
LD50
oral in rats
|
(2)
LD50
dermal in rats or rabbits
|
(3)
LC50
by inhalation (four hours) in rats
|
TABLE
2
|
Discriminating
dose
mg/kg
body weight < 5
|
where the acute oral
toxicity in animals of the substance has been determined using the
fixed-dose procedure.
|
(d)
TOXIC: substances with properties corresponding to those in table 3
or 4 and having physical and chemical properties capable of creating
industrial accident hazards.
TABLE
3
|
|
LD50(oral)(1)
mg/kg body weight
25 < LD50<=
200
|
LD50(dermal)(2)
mg/kg body weight
50 < LD50<=
400
|
LC50(3)
mg/l(inhalation)
0.5 < LC50<=
2
|
(1)
LD50
oral in rats
|
(2)
LD50
dermal in rats or rabbits
|
(3)
LC50
by inhalation (four hours) in rats
|
TABLE
4
|
Discriminating
dose
mg/kg
body weight =5
|
where the acute oral
toxicity in animals of the substance has been determined using the
fixed-dose procedure.
|
(e)
OXIDIZING: substances which give rise to highly exothermic reaction
when in contact with other substances, particularly flammable
substances.
(f)
EXPLOSIVE: substances which may explode under the effect of flame or
which are more sensitive to shocks or friction than dinitrobenzene.
(g)
FLAMMABLE LIQUIDS: substances which have a flash point lower than
55oC and which remain liquid under pressure, where particular
processing conditions, such as high pressure and high temperature,
may create industrial accident hazards.
(h)
DANGEROUS FOR THE ENVIRONMENT: substances showing the values for
acute toxicity to the aquatic environment corresponding to table 5.
TABLE
5
LC50(1)
mg/l
LC50
<= 10
|
EC50(2)
mg/l
EC50
<= 10
|
C50(3)
mg/l
IC50
<= 10
|
(1)
LC50
fish (96 hours)
|
2)
EC50
daphnia (48 hours)
|
(3)
IC50
algae (72 hours)
|
where the substance is not
readily degradable, or the log Pow > 3.0 (unless the
experimentally determined BCF < 100).
|
(i)
LD - lethal dose
(j)
LC - lethal concentration
(k)
EC - effective concentration
(l)
IC - inhibiting concentration
(m)
Pow - partition coefficient octanol/water
(n)
BCF - bioconcentration factor
2.
This applies to ammonium nitrate and mixtures of ammonium nitrate
where the nitrogen content derived from the ammonium nitrate is >
28% by weight, and to aqueous solutions of ammonium nitrate where the
concentration of ammonium nitrate is > 90% by weight.
3.
This applies to straight ammonium nitrate fertilizers and to compound
fertilizers where the nitrogen content derived from the ammonium
nitrate is >`28% by weight (a compound fertilizer contains
ammonium nitrate together with phosphate and/or potash).
4.
Mixtures and preparations containing such substances shall be treated
in the same way as the pure substance unless they no longer exhibit
equivalent properties and are not capable of producing transboundary
effects.
ANNEX II
INQUIRY COMMISSION
PROCEDURE PURSUANT TO ARTICLES 4 AND 5
1.
The requesting Party or Parties shall notify the secretariat that it
or they is (are) submitting question(s) to an inquiry commission
established in accordance with the provisions of this Annex. The
notification shall state the subject-matter of the inquiry. The
secretariat shall immediately inform all Parties to the Convention of
this submission.
2.
The inquiry commission shall consist of three members. Both the
requesting party and the other party to the inquiry procedure shall
appoint a scientific or technical expert and the two experts so
appointed shall designate by common agreement a third expert, who
shall be the president of the inquiry commission. The latter shall
not be a national of one of the parties to the inquiry procedure, 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 inquiry commission has not been designated
within two months of the appointment of the second expert, the
Executive Secretary of the Economic Commission for Europe shall, at
the request of either party, designate the president within a further
two-month period.
4.
If one of the parties to the inquiry procedure does not appoint an
expert within one month of its receipt of the notification by the
secretariat, the other party may inform the Executive Secretary of
the Economic Commission for Europe, who shall designate the president
of the inquiry commission within a further two-month period. Upon
designation, the president of the inquiry commission shall request
the party which has not appointed an expert to do so within one
month. If it fails to do so within that period, the president shall
inform the Executive Secretary of the Economic Commission for Europe
who shall make this appointment within a further two-month period.
5.
The inquiry commission shall adopt its own rules of procedure.
6.
The inquiry commission may take all appropriate measures in order to
carry out its functions.
7.
The parties to the inquiry procedure shall facilitate the work of the
inquiry commission and in particular shall, using all means at their
disposal:
(a)
Provide the inquiry commission with all relevant documents,
facilities and information;
(b)
Enable the inquiry commission, where necessary, to call witnesses or
experts and receive their evidence.
8.
The parties and the experts shall protect the confidentiality of any
information they receive in confidence during the work of the inquiry
commission.
9.
If one of the parties to the inquiry procedure does not appear before
the inquiry commission or fails to present its case, the other party
may request the inquiry commission to continue the proceedings and to
complete its work. Absence of a party or failure of a party to
present its case shall not constitute a bar to the continuation and
completion of the work of the inquiry commission.
10.
Unless the inquiry commission determines otherwise because of the
particular circumstances of the matter, the expenses of the inquiry
commission, including the remuneration of its members, shall be borne
equally by the parties to the inquiry procedure. The inquiry
commission shall keep a record of all its expenses and shall furnish
a final statement thereof to the parties.
11.
Any Party which has an interest of a factual nature in the
subject-matter of the inquiry procedure and which may be affected by
an opinion in the matter may intervene in the proceedings with the
consent of the inquiry commission.
12.
The decisions of the inquiry commission on matters of the procedure
shall be taken by majority vote of its members. The final opinion of
the inquiry commission shall reflect the view of the majority of its
members and shall include any dissenting view.
13.
The inquiry commission shall present its final opinion within two
months of the date on which it was established, unless it finds it
necessary to extend this time-limit for a period which should not
exceed two months.
14.
The final opinion of the inquiry commission shall be based on
accepted scientific principles. The final opinion shall be
transmitted by the inquiry commission to the parties to the inquiry
procedure and to the secretariat.
ANNEX III
PROCEDURES PURSUANT TO
ARTICLE 4
1.
A Party of origin may request consultations with another Party, in
accordance with paragraphs 2 to 5 of this Annex, in order to
determine whether that Party is an affected Party.
2.
For a proposed or existing hazardous activity, the Party of origin
shall, for the purposes of ensuring adequate and effective
consultations, provide for the notification at appropriate levels of
any Party that it considers may be an affected Party as early as
possible and no later than when informing its own public about that
proposed or existing activity. For existing hazardous activities such
notification shall be provided no later than two years after the
entry into force of this Convention for a Party of origin.
3.
The notification shall contain, inter
alia:
(a)
Information on the hazardous activity, including any available
information or report, such as information produced in accordance
with Article`6, on its possible transboundary effects in the event of
an industrial accident;
(b)
An indication of a reasonable time within which a response under
paragraph 4 of this Annex is required, taking into account the nature
of the activity;
and
may include the information set out in paragraph 6 of this Annex.
4.
The notified Parties shall respond to the Party of origin within the
time specified in the notification, acknowledging receipt of the
notification and indicating whether they intend to enter into
consultation.
5.
If a notified Party indicates that it does not intend to enter into
consultation, or if it does not respond within the time specified in
the notification, the provisions set down in the following paragraphs
of this Annex shall not apply. In such circumstances, the right of a
Party of origin to determine whether to carry out an assessment and
analysis on the basis of its national law and practice is not
prejudiced.
6.
Upon receipt of a response from a notified Party indicating its
desire to enter into consultation, the Party of origin shall, if it
has not already done so, provide to the notified Party:
(a)
Relevant information regarding the time schedule for analysis,
including an indication of the time schedule for the transmittal of
comments;
(b)
Relevant information on the hazardous activity and its transboundary
effects in the event of an industrial accident;
(c)
The opportunity to participate in evaluations of the information or
any report demonstrating possible transboundary effects.
7.
An affected Party shall, at the request of the Party of origin,
provide the latter with reasonably obtainable information relating to
the area under the jurisdiction of the affected Party capable of
being affected, where such information is necessary for the
preparation of the assessment and analysis and measures. The
information shall be furnished promptly and, as appropriate, through
a joint body where one exists.
8.
The Party of origin shall furnish the affected Party directly, as
appropriate, or, where one exists, through a joint body with the
analysis and evaluation documentation as described in Annex V,
paragraphs 1 and 2.
9.
The Parties concerned shall inform the public in areas reasonably
capable of being affected by the hazardous activity and shall arrange
for the distribution of the analysis and evaluation documentation to
it and to authorities in the relevant areas. The Parties shall ensure
them an opportunity for making comments on, or objections to, the
hazardous activity and shall arrange for their views to be submitted
to the competent authority of the Party of origin, either directly to
that authority or, where appropriate, through the Party of origin,
within a reasonable time.
10.
The Party of origin shall, after completion of the analysis and
evaluation documentation, enter without undue delay into
consultations with the affected Party concerning, inter
alia, the
transboundary effects of the hazardous activity in the event of an
industrial accident, and measures to reduce or eliminate its effects.
The consultations may relate to:
(a)
Possible alternatives to the hazardous activity, including the
no-action alternative, and possible measures to mitigate
transboundary effects at the expense of the Party of origin;
(b)
Other forms of possible mutual assistance for reducing any
transboundary effects:
(c)
Any other appropriate matters.
The
Parties concerned shall, on the commencement of such consultations,
agree on a reasonable time-frame for the duration of the consultation
period. Any such consultations may be conducted through an
appropriate joint body, where one exists.
11.
The Parties concerned shall ensure that due account is taken of the
analysis and evaluation, as well as of the comments received pursuant
to paragraph 9 of this Annex and of the outcome of the consultations
referred to in paragraph 10 of this Annex.
12.
The Party of origin shall notify the affected Parties of any decision
on the activity, along with the reasons and considerations on which
it was based.
13.
If, after additional and relevant information concerning the
transboundary effects of a hazardous activity and which was not
available at the time consultations were held with respect to that
activity, becomes available to a Party concerned, that Party shall
immediately inform the other Party or Parties concerned. If one of
the Parties concerned so requests, renewed consultations shall be
held.
ANNEX IV
PREVENTIVE MEASURES
PURSUANT TO ARTICLE 6
The
following measures may be carried out, depending on national laws and
practices, by Parties, competent authorities, operators, or by joint
efforts:
1.
The setting of general or specific safety objectives;
2.
The adoption of legislative provisions or guidelines concerning
safety measures and safety standards;
3.
The identification of those hazardous activities which require
special preventive measures, which may include a licensing or
authorization system;
4.
The evaluation of risk analyses or of safety studies for hazardous
activities and an action plan for the implementation of necessary
measures;
5.
The provision to the competent authorities of the information needed
to assess risks;
6.
The application of the most appropriate technology in order to
prevent industrial accidents and protect human beings and the
environment;
7.
The undertaking, in order to prevent industrial accidents, of the
appropriate education and training of all persons engaged in
hazardous activities on-site under both normal and abnormal
conditions;
8.
The establishment of internal managerial structures and practices
designed to implement and maintain safety regulations effectively;
9.
The monitoring and auditing of hazardous activities and the carrying
out of inspections.
ANNEX V
ANALYSIS AND EVALUATION
1.
The analysis and evaluation of the hazardous activity should be
performed with a scope and to a depth which vary depending on the
purpose for which they are carried out.
2.
The following table illustrates, for the purposes of the related
Articles, matters which should be considered in the analysis and
evaluation, for the purposes listed:
Purpose of analysis
|
Matters to be considered
|
Emergency planning
|
(1) The quantities and
properties of hazardous
under
Article 8 substances on the site;
(2)
Brief descriptive scenarios of a representative sample of
industrial accidents possibly arising from the hazardous activity,
including an indication of the likelihood of each;
(3)
For each scenario:
(a)
The approximate quantity of a release;
(b)
The extent and severity of the resulting consequences both for
people and for the non-human environment in favourable and
unfavourable conditions, including the extent of resulting hazard
zones;
(c)
The time-scale within which the industrial accident could develop
from the initiating event;
(d)
Any action which could be taken to minimize the likelihood of
escalation.
(4)
The size and distribution of the population in the vicinity,
including any large concentrations of people potentially in the
hazard zone;
(5)
The age, mobility and susceptibility of that population. In
addition to items (1) to (5) above:
|
Decision-making on siting
under Article 7
|
(6) The severity of the
harm inflicted on people and the environment, depending on the
nature and circumstances of the release;
(7)
The distance from the location of the hazardous activity at which
harmful effects on people and the environment may reasonably occur
in the event of an industrial accident;
(8)
The same information not only for the present situation but also
for planned or reasonably foreseeable future developments.
|
Information to the public
underArticle 9
|
In addition to items (1) to
(4) above:
(9)
The people who may be affected by an industrial accident.
|
Preventive measures under
Article 6
|
In addition to items (4) to
(9) above, more detailed versions of the descriptions and
assessments set out in items (1) to (3) will be needed for
preventive measures. In addition to those descriptions and
assessments, the following matters should also be covered:
(10)
The conditions and quantities in which hazardous materials are
handled;
(11)
A list of the scenarios for the types of industrial accidents with
serious effects, to include examples covering the full range of
incident size and the possibility of effects from adjacent
activities;
(12)
For each scenario, a description of the events which could
initiate an industrial accident and the steps whereby it could
escalate;
(13)
An assessment, at least in general terms, of the likelihood of
each step occurring, taking into account the arrangements in (14);
(14)
A description of the preventive measures in terms of both
equipment and procedures designed to minimize the likelihood of
each step occurring;
(15)
An assessment of the effects that deviations from normal operating
conditions could have, and the consequent arrangements for safe
shut-down of the hazardous activity or any part thereof in an
emergency, and of the need for staff training to ensure that
potentially serious deviations are recognized at an early stage
and appropriate action taken;
(16)
An assessment of the extent to which modifications, repair work
and maintenance work on the hazardous activity could place the
control measures at risk, and the consequent arrangements to
ensure that control is maintained.
|
ANNEX VI
DECISION-MAKING ON SITING
PURSUANT TO ARTICLE 7
The
following illustrates the matters which should be considered pursuant
to Article`7:
1.
The results of risk analysis and evaluation, including an evaluation
pursuant to Annex V of the physical characteristics of the area in
which the hazardous activity is being planned;
2.
The results of consultations and public participation processes;
3.
An analysis of the increase or decrease of the risk caused by any
development in the territory of the affected Party in relation to an
existing hazardous activity in the territory of the Party of origin;
4.
The evaluation of the environmental risks, including any
transboundary effects;
5.
An evaluation of the new hazardous activities which could be a source
of risk;
6.
A consideration of the siting of new, and significant modifications
to existing hazardous activities at a safe distance from existing
centres of population, as well as the establishment of a safety area
around hazardous activities; within such areas, developments which
would increase the populations at risk, or otherwise increase the
severity of the risk, should be closely examined.
ANNEX VII
EMERGENCY PREPAREDNESS
MEASURES PURSUANT TO ARTICLE 8
1.
All contingency plans, both on- and off-site, should be coordinated
to provide a comprehensive and effective response to industrial
accidents.
2.
The contingency plans should include the actions necessary to
localize emergencies and to prevent or minimize their transboundary
effects. They should also include arrangements for warning people
and, where appropriate, arrangements for their evacuation, other
protective or rescue actions and health services.
3.
Contingency plans should give on-site personnel, people who might be
affected off site and rescue forces, details of technical and
organizational procedures which are appropriate for response in the
event of an industrial accident capable of having transboundary
effects and to prevent and minimize effects on people and the
environment, both on and off site.
4.
Examples of matters which could be covered by on-site contingency
plans include:
(a)
Organizational roles and responsibilities on site for dealing with an
emergency;
(b)
A description of the action which should be taken in the event of an
industrial accident, or an imminent threat thereof, in order to
control the condition or event, or details of where such a
description can be found;
(c)
A description of the equipment and resources available;
(d)
Arrangements for providing early warning of industrial accidents to
the public authority responsible for the off-site emergency response,
including the type of information which should be included in an
initial warning and the arrangements for providing more detailed
information as it becomes available;
(e)
Arrangements for training personnel in the duties they will be
expected to perform.
5.
Examples of matters which could be covered by off-site contingency
plans include:
(a)
Organizational roles and responsibilities off-site for dealing with
an emergency, including how integration with on-site plans is to be
achieved;
(b)
Methods and procedures to be followed by emergency and medical
personnel;
(c)
Methods for rapidly determining the affected area;
(d)
Arrangements for ensuring that prompt industrial accident
notification is made to affected or potentially affected Parties and
that that liaison is maintained subsequently;
(e)
Identification of resources necessary to implement the plan and the
arrangements for coordination;
(f)
Arrangements for providing information to the public including, where
appropriate, the arrangements for reinforcing and repeating the
information provided to the public pursuant to article 9;
(g)
Arrangements for training and exercises.
6.
Contingency plans could include the measures for: treatment;
collection; clean-up; storage; removal and safe disposal of hazardous
substances and contaminated material; and restoration.
ANNEX VIII
INFORMATION TO THE PUBLIC
PURSUANT TO ARTICLE 9
1.
The name of the company, address of the hazardous activity and
identification by position held of the person giving the information;
2.
An explanation in simple terms of the hazardous activity, including
the risks;
3.
The common names or the generic names or the general danger
classification of the substances and preparations which are involved
in the hazardous activity, with an indication of their principal
dangerous characteristics;
4.
General information resulting from an environmental impact
assessment, if available and relevant;
5.
The general information relating to the nature of an industrial
accident that could possibly occur in the hazardous activity,
including its potential effects on the population and the
environment;
6.
Adequate information on how the affected population will be warned
and kept informed in the event of an industrial accident;
7.
Adequate information on the actions the affected population should
take and on the behaviour they should adopt in the event of an
industrial accident;
8.
Adequate information on arrangements made regarding the hazardous
activity, including liaison with the emergency services, to deal with
industrial accidents, to reduce the severity of the industrial
accidents and to mitigate their effects;
9.
General information on the emergency services' off-site contingency
plan, drawn up to cope with any off-site effects, including the
transboundary effects of an industrial accident;
10.
General information on special requirements and conditions to which
the hazardous activity is subject according to the relevant national
regulations and/or administrative provisions, including licensing or
authorization systems;
11.
Details of where further relevant information can be obtained.
ANNEX IX
INDUSTRIAL ACCIDENT
NOTIFICATION SYSTEMS PURSUANT TO ARTICLE 10
1.
The industrial accident notification systems shall enable the
speediest possible transmission of data and forecasts according to
previously determined codes using compatible data-transmission and
data-treatment systems for emergency warning and response, and for
measures to minimize and contain the consequences of transboundary
effects, taking account of different needs at different levels.
2.
The industrial accident notification shall include the following:
(a)
The type and magnitude of the industrial accident, the hazardous
substances involved (if known), and the severity of its possible
effects;
(b)
The time of occurrence and exact location of the accident;
(c)
Such other available information as necessary for an efficient
response to the industrial accident.
3.
The industrial accident notification shall be supplemented at
appropriate intervals, or whenever required, by further relevant
information on the development of the situation concerning
transboundary effects.
4.
Regular tests and reviews of the effectiveness of the industrial
accident notification systems shall be undertaken, including the
regular training of the personnel involved. Where appropriate, such
tests, reviews and training shall be performed jointly.
ANNEX X
MUTUAL ASSISTANCE PURSUANT
TO ARTICLE 12
1.
The overall direction, control, coordination and supervision of the
assistance is the responsibility of the requesting Party. The
personnel involved in the assisting operation shall act in accordance
with the relevant laws of the requesting Party. The appropriate
authorities of the requesting Party shall cooperate with the
authority designated by the assisting Party, pursuant to Article 17,
as being in charge of the immediate operational supervision of the
personnel and the equipment provided by the assisting Party.
2.
The requesting Party shall, to the extent of its capabilities,
provide local facilities and services for the proper and effective
administration of the assistance, and shall ensure the protection of
personnel, equipment and materials brought into its territory by, or
on behalf of, the assisting Party for such a purpose.
3.
Unless otherwise agreed by the Parties concerned, assistance shall be
provided at the expense of the requesting Party. The assisting Party
may at any time waive wholly or partly the reimbursement of costs.
4.
The requesting Party shall use its best efforts to afford to the
assisting Party and persons acting on its behalf the privileges,
immunities or facilities necessary for the expeditious performance of
their assistance functions. The requesting Party shall not be
required to apply this provision to its own nationals or permanent
residents or to afford them the privileges and immunities referred to
above.
5.
A Party shall, at the request of the requesting or assisting Party,
endeavour to facilitate the transit through its territory of duly
notified personnel, equipment and property involved in the assistance
to and from the requesting Party.
6.
The requesting Party shall facilitate the entry into, stay in and
departure from its national territory of duly notified personnel and
of equipment and property involved in the assistance.
7.
With regard to acts resulting directly from the assistance provided,
the requesting Party shall, in respect of the death of or injury to
persons, damage to or loss of property, or damage to the environment
caused within its territory in the course of the provision of the
assistance requested, hold harmless and indemnify the assisting Party
or persons acting on its behalf and compensate them for death or
injury suffered by them and for loss of or damage to equipment or
other property involved in the assistance. The requesting Party shall
be responsible for dealing with claims brought by third parties
against the assisting Party or persons acting on its behalf.
8.
The Parties concerned shall cooperate closely in order to facilitate
the settlement of legal proceedings and claims which could result
from assistance operations.
9.
Any Party may request assistance relating to the medical treatment or
the temporary relocation in the territory of another Party of persons
involved in an accident.
10.
The affected or requesting Party may at any time, after appropriate
consultations and by notification, request the termination of
assistance received or provided under this Convention. Once such a
request has been made, the Parties concerned shall consult one
another with a view to making arrangements for the proper termination
of the assistance.
ANNEX XII
EXCHANGE OF INFORMATION
PURSUANT TO ARTICLE 15
Information
shall include the following elements, which can also be the subject
of multilateral and bilateral cooperation:
(a)
Legislative and administrative measures, policies, objectives and
priorities for prevention, preparedness and response, scientific
activities and technical measures to reduce the risk of industrial
accidents from hazardous activities, including the mitigation of
transboundary effects;
(b)
Measures and contingency plans at the appropriate level affecting
other Parties;
(c)
Programmes for monitoring, planning, research and development,
including their implementation and surveillance;
(d)
Measures taken regarding prevention of, preparedness for and response
to industrial accidents;
(e)
Experience with industrial accidents and cooperation in response to
industrial accidents with transboundary effects;
(f)
The development and application of the best available technologies
for improved environmental protection and safety;
(g)
Emergency preparedness and response;
(h)
Methods used for the prediction of risks, including criteria for the
monitoring and assessment of transboundary effects.
ANNEX XII
TASKS FOR MUTUAL ASSISTANCE
PURSUANT TO ARTICLE 18, PARAGRAPH 4
1.
Information and data
collection and dissemination
(a)
Establishment and operation of an industrial accident notification
system that can provide information on industrial accidents and on
experts, in order to involve the experts as rapidly as possible in
providing assistance;
(b)
Establishment and operation of a data bank for the reception,
processing and distribution of necessary information on industrial
accidents, including their effects, and also on measures applied and
their effectiveness;
(c)
Elaboration and maintenance of a list of hazardous substances,
including their relevant characteristics, and of information on how
to deal with those in the event of an industrial accident;
(d)
Establishment and maintenance of a register of experts to provide
consultative and other kinds of assistance regarding preventive,
preparedness and response measures, including restoration measures;
(e)
Maintenance of a list of hazardous activities;
(f)
Production and maintenance of a list of hazardous substances covered
by the provisions of Annex I, Part I.
2.
Research, training
and methodologies
(a)
Development and provision of models based on experience from
industrial accidents, and scenarios for preventive, preparedness and
response measures;
(b)
Promotion of education and training, organization of international
symposia and promotion of cooperation in research and development.
3.
Technical assistance
(a)
Fulfillment of advisory functions aimed at strengthening the ability
to apply preventive, preparedness and response measures;
(b)
Undertaking, at the request of a Party, of inspections of its
hazardous activities and the provision of assistance in organizing
its national inspections according to the requirements of this
Convention.
4.
Assistance in the
case of an emergency
Provision,
at the request of a Party, of assistance by, inter
alia, sending
experts to the site of an industrial accident to provide consultative
and other kinds of assistance in response to the industrial accident.
ANNEX XIII
ARBITRATION
1.
The claimant Party or Parties shall notify the secretariat that the
Parties have agreed to submit the dispute to arbitration pursuant to
Article
21, paragraph 2 of this Convention. The notification shall state the
subject-matter of arbitration and include, in particular, the
Articles of this Convention, the interpretation or application of
which 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 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 in accordance with the provisions of this
Convention.
6.
Any arbitral tribunal constituted under the provisions set out herein
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 shall, using all means at their disposal:
(a)
Provide the tribunal with all relevant documents, facilities and
information;
(b)
Enable the tribunal, where necessary, to call witnesses or experts
and receive their evidence.
10.
The parties to the dispute 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 equally by
the parties to the dispute. The tribunal shall keep a record of all
its expenses and shall furnish a final statement thereof to the
parties to the dispute.
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, if the latter
cannot be seized thereof, to another tribunal constituted for this
purpose in the same manner as the first.
