CONVENTION ON ENVIRONMENTAL IMPACT ASSESSMENT
IN A TRANSBOUNDARY CONTEXT (1991)
The Parties to this Convention,
Aware of the interrelationship between economic activities and their
environmental Consequences,
Affirming the need to ensure environmentally sound and sustainable
development,
Determined to enhance international co-operation in assessing environmental
impact in particular in a transboundary context,
Mindful of the need and importance to develop anticipatory policies and of
preventing, mitigating and monitoring significant adverse environmental
impact in general and more specifically in a transboundary context,
Recalling the relevant provisions of the Charter of the United Nations, the
Declaration of the Stockholm Conference on the Human Environment, the Final
Act of the Conference on Security and Co-operation in Europe (CSCE) and the
Concluding Documents of the Madrid and Vienna Meetings of Representatives
of the Participating States of the CSCE,
Commending the ongoing activities of States to ensure that, through their
national legal and administrative provisions and their national policies,
environmental impact assessment is carried out,
Conscious of the need to give explicit consideration to environmental
factors at an early stage in the decision-making process by applying
environmental impact assessment, at all appropriate administrative levels,
as a necessary tool to improve the quality of information presented to
decision makers so that environmentally sound decisions can be made paying
careful attention to minimizing significant adverse impact, particularly in
a transboundary context,
Mindful of the efforts of international organizations to promote the use of
environmental impact assessment both at the national and international
levels, and taking into account work on environmental impact assessment
carried out under the auspices of the United Nations Economic Commission
for Europe, in particular results achieved by the Seminar on Environmental
Impact Assessment (September 1987, Warsaw, Poland) as well as noting the
Goals and Principles on environmental impact assessment adopted by the
Governing Council of the United Nations Environment Programme, and the
Ministerial Declaration on Sustainable Development (May 1990, Bergen,
Norway),
Have agreed as follows:
Article 1
DEFINITIONS
For the purposes of this Convention,
(i) "Parties" means, unless the text otherwise indicates, the
Contracting Parties to this Convention;
(ii) "Party of origin" means the Contracting Party or Parties to this
Convention under whose jurisdiction a proposed activity is envisaged to
take place;
(iii) "Affected Party" means the Contracting Party or Parties to this
Convention likely to be affected by the transboundary impact of a proposed
activity;
(iv) "Concerned Parties" means the Party of origin and the affected
Party of an environmental impact assessment pursuant to this Convention;
(v) "Proposed activity" means any activity or any major change to an
activity subject to a decision of a competent authority in accordance with
an applicable national procedure;
(vi) "Environmental impact assessment" means a national procedure for
evaluating the likely impact of a proposed activity on the environment;
(vii) "Impact" means any effect caused by a proposed activity on the
environment including human health and safety, flora, fauna, soil, air,
water, climate, landscape and historical monuments or other physical
structures or the interaction among these factors; it also includes effects
on cultural heritage or socio-economic conditions resulting from
alterations to those factors;
(viii) "Transboundary impact" means any impact, not exclusively of a
global nature, within an area under the jurisdiction of a Party caused by a
proposed activity the physical origin of which is situated wholly or in
part within the area under the jurisdiction of another Party;
(ix) "Competent authority" means the national authority or
authorities designated by a Party as responsible for performing the tasks
covered by this Convention and/or the authority or authorities entrusted by
a Party with decision-making powers regarding a proposed activity;
(x) "The Public" means one or more natural or legal persons.
Article 2
GENERAL PROVISIONS
1. The Parties shall, either individually or jointly, take all appropriate
and effective measures to prevent, reduce and control significant adverse
transboundary environmental impact from proposed activities.
2. Each Party shall take the necessary legal, administrative or other
measures to implement the provisions of this Convention, including, with
respect to proposed activities listed in Appendix I that are likely to
cause significant adverse transboundary impact, the establishment of an
environmental impact assessment procedure that permits public participation
and preparation of the environmental impact assessment documentation
described in Appendix II.
3. The Party of origin shall ensure that in accordance with the provisions
of this Convention an environmental impact assessment is undertaken prior
to a decision to authorize or undertake a proposed activity listed in
Appendix I that is likely to cause a significant adverse transboundary
impact.
4. The Party of origin shall, consistent with the provisions of this
Convention, ensure that affected Parties are notified of a proposed
activity listed in Appendix I that is likely to cause a significant adverse
transboundary impact.
5. Concerned Parties shall, at the initiative of any such Party, enter into
discussions on whether one or more proposed activities not listed in
Appendix I is or are likely to cause a significant adverse transboundary
impact and thus should be treated as if it or they were so listed. Where
those Parties so agree, the activity or activities shall be thus treated.
General guidance for identifying criteria to determine significant adverse
impact is set forth in Appendix III.
6. The Party of origin shall provide, in accordance with the provisions of
this Convention, an opportunity to the public in the areas likely to be
affected to participate in relevant environmental impact assessment
procedures regarding proposed activities and shall ensure that the
opportunity provided to the public of the affected Party is equivalent to
that provided to the public of the Party of origin.
7. Environmental impact assessments as required by this Convention shall,
as a minimum requirement, be undertaken at the project level of the
proposed activity. To the extent appropriate, the Parties shall endeavour
to apply the principles of environmental impact assessment to policies,
plans and programmes.
8. The provisions of this Convention shall not affect the right of Parties
to implement national laws, regulations, administrative provisions or
accepted legal practices protecting information the supply of which would
be prejudicial to industrial and commercial secrecy or national security.
9. The provisions of this Convention shall not affect the right of
particular Parties to implement, by bilateral or multilateral agreement
where appropriate, more stringent measures than those of this Convention.
10. The provisions of this Convention shall not prejudice any obligations
of the Parties under international law with regard to activities having or
likely to have a transboundary impact.
Article 3
NOTIFICATION
1. For a proposed activity listed in Appendix I that is likely to cause a
significant adverse transboundary impact, the Party of origin shall, for
the purposes of ensuring adequate and effective consultations under Article
5, notify any Party which it considers may be an affected Party as early as
possible and no later than when informing its own public about that
proposed activity.
2. This notification shall contain, inter alia:
(a) Information on the proposed activity, including any available
information on its possible transboundary impact;
(b) The nature of the possible decision; and
(c) An indication of a reasonable time within which a response under
paragraph 3 of this Article is required, taking into account the nature of
the proposed activity;
and may include the information set out in paragraph 5 of this Article.
3. The affected Party shall respond to the Party of origin within the time
specified in the notification, acknowledging receipt of the notification,
and shall indicate whether it intends to participate in the environmental
impact assessment procedure.
4. If the affected Party indicates that it does not intend to participate
in the environmental impact assessment procedure, or if it does not respond
within the time specified in the notification, the provisions in paragraphs
5, 6, 7 and 8 of this Article and in Articles 4 to 7 will not apply. In
such circumstances the right of a Party of origin to determine whether to
carry out an environmental impact assessment on the basis of its national
law and practice is not prejudiced.
5. Upon receipt of a response from the affected Party indicating its desire
to participate in the environmental impact assessment procedure, the Party
of origin shall, if it has not already done so, provide to the affected
Party:
(a) Relevant information regarding the environmental impact
assessment procedure, including an indication of the time schedule for
transmittal of comments; and
(b) Relevant information on the proposed activity and its possible
significant adverse transboundary impact.
6. An affected Party shall, at the request of the Party of origin, provide
the latter with reasonably obtainable information relating to the
potentially affected environment under the jurisdiction of the affected
Party, where such information is necessary for the preparation of the
environmental impact assessment documentation. The information shall be
furnished promptly and, as appropriate, through a joint body where one
exists.
7. When a Party considers that it would be affected by a significant
adverse transboundary impact of a proposed activity listed in Appendix I,
and when no notification has taken place in accordance with paragraph 1 of
this Article, the concerned Parties shall, at the request of the affected
Party, exchange sufficient information for the purposes of holding
discussions on whether there is likely to be a significant adverse
transboundary impact. If those Parties agree that there is likely to be a
significant adverse transboundary impact, the provisions of this Convention
shall apply accordingly. If those Parties cannot agree whether there is
likely to be a significant adverse transboundary impact, any such Party may
submit that question to an inquiry commission in accordance with the
provisions of Appendix IV to advise on the likelihood of significant
adverse transboundary impact, unless they agree on another method of
settling this question.
8. The concerned Parties shall ensure that the public of the affected Party
in the areas likely to be affected be informed of, and be provided with
possibilities for making comments or objections on, the proposed activity,
and for the transmittal of these comments or objections to the competent
authority of the Party of origin, either directly to this authority or,
where appropriate, through the Party of origin.
Article 4
PREPARATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT DOCUMENTATION
1. The environmental impact assessment documentation to be submitted to the
competent authority of the Party of origin shall contain, as a minimum, the
information described in Appendix II.
2. The Party of origin shall furnish the affected Party, as appropriate
through a joint body where one exists, with the environmental impact
assessment documentation. The concerned Parties shall arrange for
distribution of the documentation to the authorities and the public of the
affected Party in the areas likely to be affected and for the submission of
comments to the competent authority of the Party of origin, either directly
to this authority or, where appropriate, through the Party of origin within
a reasonable time before the final decision is taken on the proposed
activity.
Article 5
CONSULTATIONS ON THE BASIS OF THE ENVIRONMENTAL
IMPACT ASSESSMENT DOCUMENTATION
The Party of origin shall, after completion of the environmental impact
assessment documentation, without undue delay enter into consultations with
the affected Party concerning, inter alia, the potential transboundary
impact of the proposed activity and measures to reduce or eliminate its
impact. Consultations may relate to:
(a) Possible alternatives to the proposed activity, including the
no-action alternative and possible measures to mitigate significant adverse
transboundary impact and to monitor the effects of such measures at the
expense of the Party of origin;
(b) Other forms of possible mutual assistance in reducing any
significant adverse transboundary impact of the proposed activity; and
(c) Any other appropriate matters relating to the proposed activity.
The Parties shall agree, at the commencement of such consultations, 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.
Article 6
FINAL DECISION
1. The Parties shall ensure that, in the final decision on the proposed
activity, due account is taken of the outcome of the environmental impact
assessment, including the environmental impact assessment documentation, as
well as the comments thereon received pursuant to Article 3, paragraph 8
and Article 4, paragraph 2, and the outcome of the consultations as
referred to in Article 5.
2. The Party of origin shall provide to the affected Party the final
decision on the proposed activity along with the reasons and considerations
on which it was based.
3. If additional information on the significant transboundary impact of a
proposed activity, which was not available at the time a decision was made
with respect to that activity and which could have materially affected the
decision, becomes available to a concerned Party before work on that
activity commences, that Party shall immediately inform the other concerned
Party or Parties. If one of the concerned Parties so requests,
consultations shall be held as to whether the decision needs to be revised.
Article 7
POST-PROJECT ANALYSIS
1. The concerned Parties, at the request of any such Party, shall determine
whether, and if so to what extent, a post-project analysis shall be carried
out, taking into account the likely significant adverse transboundary
impact of the activity for which an environmental impact assessment has
been undertaken pursuant to this Convention. Any post-project analysis
undertaken shall include, in particular, the surveillance of the activity
and the determination of any adverse transboundary impact. Such
surveillance and determination may be undertaken with a view to achieving
the objectives listed in Appendix V.
2. When, as a result of post-project analysis, the Party of origin or the
affected Party has reasonable grounds for concluding that there is a
significant adverse transboundary impact or factors have been discovered
which may result in such an impact, it shall immediately inform the other
Party. The concerned Parties shall then consult on necessary measures to
reduce or eliminate the impact.
Article 8
BILATERAL AND MULTILATERAL CO-OPERATION
The Parties may continue existing or enter into new bilateral or
multilateral agreements or other arrangements in order to implement their
obligations under this Convention. Such agreements or other arrangements
may be based on the elements listed in Appendix VI.
Article 9
RESEARCH PROGRAMMES
The Parties shall give special consideration to the setting up, or
intensification of, specific research programmes aimed at:
(a) Improving existing qualitative and quantitative methods for
assessing the impacts of proposed activities;
(b) Achieving a better understanding of cause-effect relationships
and their role in integrated environmental management;
(c) Analysing and monitoring the efficient implementation of
decisions on proposed activities with the intention of minimizing or
preventing impacts;
(d) Developing methods to stimulate creative approaches in the search
for environmentally sound alternatives to proposed activities, production
and consumption patterns;
(e) Developing methodologies for the application of the principles of
environmental impact assessment at the macro-economic level.
The results of the programmes listed above shall be exchanged by the
Parties.
Article 10
STATUS OF THE APPENDICES
The Appendices attached to this Convention form an integral part of the
Convention.
Article 11
MEETING OF PARTIES
1. The Parties shall meet, so far as possible, in connection with the
annual sessions of the Senior Advisers to ECE Governments on Environmental
and Water Problems. The first meeting of the Parties shall be convened not
later than one year after the date of the entry into force of this
Convention. Thereafter, meetings of the Parties shall be held at such other
times as may be deemed necessary by a meeting of the Parties, 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 Parties shall keep under continuous review the implementation of
this Convention, and, with this purpose in mind, shall:
(a) Review the policies and methodological approaches to
environmental impact assessment by the Parties with a view to further
improving environmental impact assessment procedures in a transboundary
context;
(b) Exchange information regarding experience gained in concluding
and implementing bilateral and multilateral agreements or other
arrangements regarding the use of environmental impact assessment in a
transboundary context to which one or more of the Parties are party;
(c) Seek, where appropriate, the services of competent international
bodies and scientific committees in methodological and technical 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, where necessary, 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 12
RIGHT TO VOTE
1. Each Party to this Convention shall have one vote.
2. Except ag provided for in paragraph 1 of this Article, 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 13
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 of reports and other information received in
accordance with the provisions of this Convention to the Parties; and
(c) The performance of other functions as may be provided for in this
Convention or as may be determined by the Parties.
Article 14
AMENDMENTS TO THE CONVENTION
1. Any Party may propose amendments to this Convention.
2. Proposed amendments shall be submitted in writing to the secretariat,
which shall communicate them to all Parties. The proposed amendments shall
be discussed at the next meeting of the Parties, provided these proposals
have been circulated by the secretariat to the Parties at least ninety days
in advance.
3. The Parties shall make every effort to reach agreement on any proposed
amendment to this Convention by consensus. If all efforts at consensus have
been exhausted, and no agreement reached, the amendment shall as a last
resort be adopted by a three-fourths majority vote of the Parties present
and voting at the meeting.
4. Amendments to this Convention adopted in accordance with paragraph 3 of
this Article shall be submitted by the Depositary to all Parties for
ratification, approval or acceptance. They shall enter into force for
Parties having ratified, approved or accepted them on the ninetieth day
after the receipt by the Depositary of notification of their ratification,
approval or acceptance by at least three fourths of these Parties.
Thereafter they shall enter into force for any other Party on the ninetieth
day after that Party deposits its instrument of ratification, approval or
acceptance of the amendments.
5. For the purpose of this Article, "Parties present and voting" means
Parties present and casting an affirmative or negative vote.
6. The voting procedure set forth in paragraph 3 of this Article is not
intended to constitute a precedent for future agreements negotiated within
the Economic Commission for Europe.
Article 15
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
obligations:
(a) Submission of the dispute to the International Court of Justice;
(b) Arbitration in accordance with the procedure set out in Appendix
VII.
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 16
SIGNATURE
This Convention shall be open for signature at Espoo (Finland) from 25
February to 1 March 1991 and thereafter at United Nations Headquarters in
New York until 2 September 1991 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 the 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 17
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 as from 3 September 1991 by
the States and organizations referred to in Article 16.
3. The instruments of ratification, acceptance, approval or accession shall
be deposited with the Secretary-General of the United Nations, who shall
perform the functions of Depositary.
4. Any organization referred to in Article 16 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 cages, the organization and the member States
shall not be entitled to exercise rights under this Convention
concurrently.
5. In their instruments of ratification, acceptance, approval or accession,
the regional economic integration organizations referred to in Article 16
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 relevant modification to the extent of their competence.
Article 18
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 16 which ratifies,
accepts or approves this Convention or accedes thereto after the deposit of
the sixteenth instrument of ratification, acceptance, approval or
accession, this Convention shall enter into force on the ninetieth day
after the date of deposit by such State or organization of its instrument
of ratification, acceptance, approval or accession.
Article 19
WITHDRAWAL
At any time after four 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 its
receipt by the Depositary. Any such withdrawal shall not affect the
application of Articles 3 to 6 of this Convention to a proposed activity in
respect of which a notification has been made pursuant to Article 3,
paragraph 1, or a request has been made pursuant to Article 3, paragraph 7,
before such withdrawal took effect.
Article 20
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 Espoo (Finland), this twenty-fifth day of February one thousand
nine hundred and ninety-one.
APPENDIX I
LIST OF ACTIVITIES
1. Crude oil refineries (excluding undertakings manufacturing only
lubricants from crude oil) and installations for the gasification and
liquefaction of 500 tonnes or more of coal or bituminous shale per day.
2. Thermal power stations and other combustion installations with a heat
output of 300 megawatts or more and nuclear power stations and other
nuclear reactors (except research installations for the production and
conversion of fissionable and fertile materials, whose maximum power does
not exceed 1 kilowatt continuous thermal load).
3. Installations solely designed for the production or enrichment of
nuclear fuels, for the reprocessing of irradiated nuclear fuels or for the
storage, disposal and processing of radioactive waste.
4. Major installations for the initial smelting of cast-iron and steel and
for the production of non-ferrous metals.
5. Installations for the extraction of asbestos and for the processing and
transformation of asbestos and products containing asbestos: for
asbestos-cement products, with an annual production of more than 20,000
tonnes finished product; for friction material, with an annual production
of more than 50 tonnes finished product; and for other asbestos utilization
of more than 200 tonnes per year.
6. Integrated chemical installations.
7. Construction of motorways, express roads* and lines for long-distance
railway traffic and of airports with a basic runway length of 2,100 metres
or more.
8. Large-diameter oil and gas pipelines.
9. Trading ports and also inland waterways and ports for inland-waterway
traffic which permit the passage of vessels of over 1,350 tonnes.
10. Waste-disposal installations for the incineration, chemical treatment
or landfill of toxic and dangerous wastes.
11. Large dams and reservoirs.
12. Groundwater abstraction activities in cases where the annual volume of
water to be abstracted amounts to 10 million cubic metres or more.
13. Pulp and paper manufacturing of 200 air-dried metric tonnes or more per
day.
14. Major mining, on-site extraction and processing of metal ores or coal.
15. Offshore hydrocarbon production.
16. Major storage facilities for petroleum, petrochemical and chemical
products.
17. Deforestation of large areas.
------------------
* For the purposes of this Convention:
-- "Motorway" means a road specially designed and built for motor
traffic, which does not serve properties bordering on it, and which:
(a) Is provided, except at special points or temporarily, with
separate carriageways for the two directions of traffic, separated from
each other by a dividing strip not intended for traffic or, exceptionally,
by other means;
(b) Does not cross at level with any road, railway or tramway track,
or footpath; and
(c) Is specially sign-posted as a motorway.
-- "Express road" means a road reserved for motor traffic accessible
only from interchanges or controlled junctions and on which, in particular,
stopping and parking are prohibited on the running carriageway(s).
APPENDIX II
CONTENT OF THE ENVIRONMENTAL IMPACT ASSESSMENT DOCUMENTATION
Information to be included in the environmental impact assessment
documentation shall, as a minimum, contain, in accordance with Article 4:
(a) A description of the proposed activity and its purpose;
(b) A description, where appropriate, of reasonable alternatives (for
example, locational or technological) to the proposed activity and also the
no-action alternative;
(c) A description of the environment likely to be significantly
affected by the proposed activity and its alternatives;
(d) A description of the potential environmental impact of the
proposed activity and its alternatives and an estimation of its
significance;
(e) A description of mitigation measures to keep adverse
environmental impact to a minimum;
(f) An explicit indication of predictive methods and underlying
assumptions as well as the relevant environmental data used;
(g) An identification of gaps in knowledge and uncertainties
encountered in compiling the required information;
(h) Where appropriate, an outline for monitoring and management
programmes and any plans for post-project analysis; and
(i) A non-technical summary including a visual presentation as
appropriate (maps, graphs, etc.).
APPENDIX III
GENERAL CRITERIA TO ASSIST IN THE DETERMINATION OF THE
ENVIRONMENTAL SIGNIFICANCE OF ACTIVITIES NOT LISTED IN APPENDIX I
1. In considering proposed activities to which Article 2, paragraph 5,
applies, the concerned Parties may consider whether the activity is likely
to have a significant adverse transboundary impact in particular by virtue
of one or more of the following criteria:
(a) Size: proposed activities which are large for the type of the
activity;
(b) Location: proposed activities which are located in or close to an
area of special environmental sensitivity or importance (such as wetlands
designated under the Ramsar Convention, national parks, nature reserves,
sites of special scientific interest, or sites of archaeological, cultural
or historical importance); also, proposed activities in locations where the
characteristics of proposed development would be likely to have significant
effects on the population;
(c) Effects: proposed activities with particularly complex and
potentially adverse effects, including those giving rise to serious effects
on humans or on valued species or organisms, those which threaten the
existing or potential use of an affected area and those causing additional
loading which cannot be sustained by the carrying capacity of the
environment.
2. The concerned Parties shall consider for this purpose proposed
activities which are located close to an international frontier as well as
more remote proposed activities which could give rise to significant
transboundary effects far removed from the site of development.
APPENDIX IV
INQUIRY PROCEDURE
1. The requesting Party or Parties shall notify the secretariat that it or
they submit(s) the question of whether a proposed activity listed in
Appendix I is likely to have a significant adverse transboundary impact to
an inquiry commission established in accordance with the provisions of this
Appendix. This notification shall state the subject-matter of the inquiry.
The secretariat shall notify immediately all Parties to this 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 the 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 matter 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. After such a 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, using all means at their disposal,
shall:
(a) Provide it with all relevant documents, facilities and
information; and
(b) Enable it, 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 by
the parties to the inquiry procedure in equal shares. The inquiry
commission shall keep a record of all its expenses, and shall furnish a
final statement thereof to the parties.
11. Any Party having 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 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.
APPENDIX V
POST-PROJECT ANALYSIS
Objectives Include:
(a) Monitoring compliance with the conditions as set out in the
authorization or approval of the activity and the effectiveness of
mitigation measures;
(b) Review of an impact for proper management and ln order to cope
with uncertainties;
(c) Verification of past predictions in order to transfer experience
to future activities of the same type.
APPENDIX VI
ELEMENTS FOR BILATERAL AND MULTILATERAL CO-OPERATION
1. Concerned Parties may set up, where appropriate, institutional
arrangements or enlarge the mandate of existing institutional arrangements
within the framework of bilateral and multilateral agreements in order to
give full effect to this Convention.
2. Bilateral and multilateral agreements or other arrangements may include:
(a) Any additional requirements for the implementation of this
Convention, taking into account the specific conditions of the subregion
concerned;
(b) Institutional, administrative and other arrangements, to be made
on a reciprocal and equivalent basis;
(c) Harmonization of their policies and measures for the protection
of the environment in order to attain the greatest possible similarity in
standards and methods related to the implementation of environmental impact
assessment;
(d) Developing, improving, and/or harmonizing methods for the
identification, measurement, prediction and assessment of impacts, and for
post-project analysis;
(e) Developing and/or improving methods and programmes for the
collection, analysis, storage and timely dissemination of comparable data
regarding environmental quality in order to provide input into
environmental impact assessment;
(f) The establishment of threshold levels and more specified criteria
for defining the significance of transboundary impacts related to the
location, nature or size of proposed activities, for which environmental
impact assessment in accordance with the provisions of this Convention
shall be applied; and the establishment of critical loads of transboundary
pollution;
(g) Undertaking, where appropriate, joint environmental impact
assessment, development of joint monitoring programmes, intercalibration of
monitoring devices and harmonization of methodologies with a view to
rendering the data and information obtained compatible.
APPENDIX VII
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 15, 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 are 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 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. After such a 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 in order 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; and
(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. Before rendering its final decision,
the arbitral tribunal must satisfy itself that the claim is well founded in
fact and law.
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 having 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.