Convention on Long-Range Transboundary Air Pollution

DEFINITIONS

Article 1

For the purpose 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, 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
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 emission 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 or 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
1 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 oil pollutants.

IMPLEMENTATION AND FURTHER DEVELOPMENT OF THE COOPERATIVE 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 “Co-operative 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 ESE 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.

A

MENDMENTS 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 interpretation 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 responsibilities 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 ratification, 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.

Author: international

Mentioned in these Entries

Atmosphere and Space conventions, Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, Conventions: Chronological Index 1971-1990, Education, Environment and Wildlife conventions, International Organizations, Settlement of Disputes, country.