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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text


Summary of the "Convention on Long-Range Transboundary Air Pollution" from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment

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CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION 
(Geneva, 13 November 1979) 

The Parties to the present Convention, 

Determined to promote relations and cooperation in the  
field of environmental protection, 

Aware of the significance of the activities of the  
United Nations Economic Commission for Europe in  
strengthening such relations and co-operation,  
particularly in the field of air pollution including  
long-range transport of air pollutants, 

Recognizing the contribution of the Economic Commission  
for Europe to the multilateral implementation of the  
pertinent provisions of the Final Act of the Conference  
on Security and Co-operation in Europe, 

Cognizant of the references in the chapter on  
environment of the Final Act of the Conference on  
Security and Co-operation in Europe calling for co- 
operation to control air pollution and its effects,  
including long-range transport of air pollutants, and to  
the development through international cooperation of an  
extensive programme for the monitoring and evaluation of  
long-range  transport of air pollutants, starting with  
sulphur dioxide and with possible extension to other  
pollutants, 

Considering the pertinent provisions of the Declaration  
of the United Nations Conference on the Human  
Environment, and in particular principle 21, which  
expresses the common conviction that 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,  
Recognizing the existence of possible adverse effects,  
in the short and long term, of air pollution including  
transboundary air pollution,  

Concerned that a rise in the level of emissions of air  
pollutants within the region as forecast may increase  
such adverse effects,  

Recognizing the need to study the implications of the  
long-range transport of air pollutants and the need to  
seek solutions for the problems identified, 

Affirming their willingness to reinforce active  
international cooperation to develop appropriate  
national policies and by means of exchange of  
information, consultation, research and monitoring, to  
coordinate national action for combating air pollution  
including long-range transboundary air pollution, 

Have agreed as follows: 

DEFINITIONS 

Article 1 

For the purposes of the present Convention: 

(a) "air pollution" means the introduction by man,  
directly or indirectly, of substances or energy into the  
air resulting in deleterious effects of such a nature as  
to endanger human health, harm living resources and  
ecosystems and material property and impair or interfere  
with amenities and other legitimate uses of the  
environment, and "air pollutants" shall be construed  
accordingly;  

(b) "long-range transboundary air pollution" means air  
pollution whose physical origin is situated wholly or in  
part within the area under the national jurisdiction of  
one State and which has adverse  
effects in the area under the jurisdiction of another  
State at such a distance that it is not generally  
possible to distinguish the contribution of individual  
emission sources or groups of sources. 

FUNDAMENTAL PRINCIPLES 

Article 2 

The Contracting Parties, taking due account of the facts  
and problems involved, are determined to protect man and  
his environment against air pollution and shall  
endeavour to limit and, as far as possible, gradually  
reduce and prevent air pollution including long-range  
transboundary air pollution. 

Article 3 

The Contracting Parties, within the framework of the  
present Convention, shall by means of exchanges of  
information, consultation, research and monitoring,  
develop without undue delay policies and strategies  
which shall serve as a means of combating the discharge  
of air pollutants, taking into account efforts already  
made at national and international levels. 

Article 4 

The Contracting Parties shall exchange information on  
and review their policies, scientific activities and  
technical measures aimed at combating, as far as  
possible, the discharge of air pollutants which may have  
adverse effects, thereby contributing to the reduction  
of air pollution including long-range transboundary air  
pollution. 

Article 5 

Consultations shall be held, upon request, at an early  
stage between, on the one hand, Contracting Parties  
which are actually affected by or exposed to a  
significant risk of long-range transboundary air  
pollution and, on the other hand, Contracting Parties  
within which and subject to whose jurisdiction a  
significant contribution to long-range transboundary air  
pollution originates, or could originate, in connexion  
with activities carried on or contemplated therein. 

AIR QUALITY MANAGEMENT 

Article 6 

Taking into account articles 2 to 5, the ongoing  
research, exchange of information and monitoring and the  
results thereof, the cost and effectiveness of local and  
other remedies and, in order to combat air pollution, in  
particular that originating from new or rebuilt  
installations, each Contracting Party undertakes to  
develop the best policies and strategies including air  
quality management systems and, as part of them, control  
measures compatible with balanced development, in  
particular by using the best available technology which  
is economically feasible and low- and non-waste  
technology. 

RESEARCH AND DEVELOPMENT 

Article 7 

The Contracting Parties, as appropriate to their needs,  
shall initiate and co-operate in the conduct of research  
into and/or development of: 

(a) existing and proposed technologies for reducing  
emissions of sulphur compounds and other major air  
pollutants, including technical and economic  
feasibility, and environmental  
consequences; 

(b) instrumentation and other techniques for monitoring  
and measuring emission rates and ambient concentrations  
of air pollutants; 

(c) improved models for a better understanding of the  
transmission of long-range transboundary air pollutants; 

(d) the effects of sulphur compounds and other major air  
pollutants on human health and the environment,  
including agriculture, forestry, materials, aquatic and  
other natural ecosystems and visibility, with a view to  
establishing a scientific basis for dose/effect  
relationships designed to protect the environment; 

(e) the economic, social and environmental assessment of  
alternative measures for attaining environmental  
objectives including the reduction of long-range  
transboundary air pollution; 

(f) education and training programmes related to the  
environmental aspects of pollution by sulphur compounds  
and other major air pollutants. 

EXCHANGE OF INFORMATION 

Article 8 

The Contracting Parties, within the framework of the  
Executive Body referred to in article 10 and  
bilaterally, shall, in their common interests, exchange  
available information on: 

(a) data on emissions at periods of time to be agreed  
upon, of agreed air pollutants, starting with sulphur  
dioxide, coming from grid-units of agreed size; or on  
the fluxes of agreed air pollutants, starting with  
sulphur dioxide, across national borders, at distances  
and at periods of time to be agreed upon; 
  
(b) major changes in national policies and in general  
industrial development, and their potential impact,  
which would be likely to cause significant changes in  
long-range transboundary air pollution;  

(c) control technologies for reducing air pollution  
relevant to long-range transboundary air pollution; 

(d) the projected cost of the emission control of  
sulphur compounds and other major air pollutants on a  
national scale; 

(e) meteorological and physico-chemical data relating to  
the processes during transmission; 

(f) physico-chemical and biological data relating to the  
effects of long-range transboundary air pollution and  
the extent of the damage   
which these data indicate can be attributed to long- 
range transboundary air pollution; 

(g) national, subregional and regional policies and  
strategies for the control of sulphur compounds and  
other major air pollutants. 

IMPLEMENTATION AND FURTHER DEVELOPMENT OF THE CO- 
OPERATIVE PROGRAMME FOR THE MONITORING AND EVALUATION OF  
THE LONG-RANGE TRANSMISSION OF AIR POLLUTANTS IN EUROPE 

Article 9 

The Contracting Parties stress the need for the  
implementation of the existing "Cooperative programme  
for the monitoring and evaluation of the long-range  
transmission of air pollutants in Europe" (hereinafter  
referred to as EMEP) and, with regard to the further  
development of this programme, agree to emphasize: 
  
(a) the desirability of Contracting Parties joining in  
and fully implementing EMEP which, as a first step, is  
based on the monitoring of sulphur dioxide and related  
substances; 

(b) the need to use comparable or standardized  
procedures for monitoring whenever possible; 

(c) the desirability of basing the monitoring programme  
on the framework of both national and international  
programmes. The establishment of monitoring stations and  
the collection of data shall be carried out under the  
national jurisdiction of the country in which the  
monitoring stations are located; 

(d) the desirability of establishing a framework for a  
co-operative environmental monitoring programme, based  
on and taking into account present and future national,  
subregional, regional and other international  
programmes; 

(e) the need to exchange data on emissions at periods of  
time to be agreed upon, of agreed air pollutants,  
starting with sulphur dioxide, coming from grid-units of  
agreed size; or on the fluxes of agreed air pollutants,  
starting with sulphur dioxide, across national borders,  
at distances and at periods of time to be agreed upon.  
The method, including the model, used to determine the  
fluxes, as well as the method, including the model, used  
to determine the transmission of air pollutants based on  
the emissions per grid-unit, shall be made available and  
periodically reviewed, in order to improve the methods  
and the models; 

(f) their willingness to continue the exchange and  
periodic updating of national data on total emissions of  
agreed air pollutants, starting with sulphur dioxide; 

(g) the need to provide meteorological and physico- 
chemical data relating to processes during transmission; 

(h) the need to monitor chemical components in other  
media such as water, soil and vegetation, as well as a  
similar monitoring programme to record effects on health  
and environment; 

(i) the desirability of extending the national EMEP  
networks to make them operational for control and  
surveillance purposes. 

EXECUTIVE BODY 

Article 10 

1. The representatives of the Contracting Parties shall,  
within the framework of the Senior Advisers to ECE  
Governments on Environmental Problems, constitute the  
Executive Body of the present Convention, and shall meet  
at least annually in that capacity. 

2. The Executive Body shall: 

(a) review the implementation of the present Convention; 

(b) establish, as appropriate, working groups to  
consider matters related to the implementation and  
development of the present Convention and to this end to  
prepare appropriate studies and other documentation and  
to submit recommendations to be considered by the  
Executive Body; 

(c) fulfil such other functions as may be appropriate  
under the provisions of the present Convention. 

3. The Executive Body shall utilize the Steering Body  
for the EMEP to play an integral part in the operation  
of the present Convention, in particular with regard to  
data collection and scientific cooperation. 

4. The Executive Body, in discharging its functions,  
shall, when it deems appropriate, also make use of  
information from other  relevant international  
organizations. 

SECRETARIAT 

Article 11 

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

(a) to convene and prepare the meetings of the Executive  
Body;  

(b) to transmit to the Contracting Parties reports and  
other information received in accordance with the  
provisions of the present Convention; 

(c) to discharge the functions assigned by the Executive  
Body.  

AMENDMENTS TO THE CONVENTION 

Article 12 

1. Any Contracting Party may propose amendments to the  
present Convention. 

2. The text of proposed amendments shall be submitted in  
writing to the Executive Secretary of the Economic  
Commission for Europe, who shall communicate them to all  
Contracting Parties. The Executive Body shall discuss  
proposed amendments at its next annual meeting provided  
that such proposals have been circulated by the  
Executive Secretary of the Economic Commission for  
Europe to the Contracting Parties at least ninety days  
in advance. 

3. An amendment to the present Convention shall be  
adopted by consensus of the representatives of the  
Contracting Parties, and shall enter into force for the  
Contracting Parties which have accepted it on the  
ninetieth day after the date on which two-thirds of the  
Contracting Parties have deposited their instruments of  
acceptance with the depositary. Thereafter, the  
amendment shall enter into force for any other  
Contracting Party on the ninetieth day after the date on  
which that Contracting Party deposits its instrument of  
acceptance of the amendment. 

SETTLEMENT OF DISPUTES 

Article 13 

If a dispute arises between two or more Contracting  
Parties to the present Convention as to the interpre- 
tation or application of the Convention, they shall seek  
a solution by negotiation or by any other method of  
dispute settlement acceptable to the parties to the  
dispute. 

SIGNATURE 

Article 14 

1. The present Convention shall be open for signature at  
the United Nations Office at Geneva from 13 to 16  
November 1979 on the occasion of the High-level Meeting  
within the framework of the Economic Commission for  
Europe on the Protection of the Environment, by the  
member States 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, which have  
competence in respect of the negotiation, conclusion and  
application of international agreements in matters  
covered by the present Convention. 

2. In matters within their competence, such regional  
economic integration organizations shall, on their own  
behalf, exercise the rights and fulfil the responsi- 
bilities which the present Convention attributes to  
their member States. In such cases, the member States of  
these organizations shall not be entitled to exercise  
such rights individually. 

RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 

Article 15 

1. The present Convention shall be subject to ratifi- 
cation, acceptance or approval. 

2. The present Convention shall be open for accession as  
from 17 November 1979 by the States and organizations  
referred to in article 14, paragraph 1. 

3. The instruments of ratification, acceptance, approval  
or accession shall be deposited with the Secretary- 
General of the United Nations, who will perform the  
functions of the depositary. 

ENTRY INTO FORCE 

Article 16 

1. The present Convention shall enter into force on the  
ninetieth day after the date of deposit of the twenty- 
fourth instrument of ratification, acceptance, approval  
or accession. 

2. For each Contracting Party which ratifies, accepts or  
approves the present Convention or accedes thereto after  
the deposit of the twenty-fourth instrument of  
ratification, acceptance, approval or accession, the  
Convention shall enter into force on the ninetieth day  
after the date of deposit by such Contracting Party of  
its instrument of ratification, acceptance, approval or  
accession. 

WITHDRAWAL 

Article 17 

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

AUTHENTIC TEXTS 

Article 18 

The original of the present 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 the present Convention. 
Done at Geneva, this thirteenth day of November, one  
thousand nine hundred and seventy-nine.