Convention on the Protection and Use of Transboundary Watercourses

 

Article 5

RESEARCH AND DEVELOPMENT

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

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

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

(c) The development and application of environmentally sound
technologies, production and consumption patterns;

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

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

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

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

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

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

Article 6

EXCHANGE OF INFORMATION

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

Article 7

RESPONSIBILITY AND LIABILITY

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

Article 8

PROTECTION OF INFORMATION

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

PART II

PROVISIONS RELATING TO RIPARIAN PARTIES

Article 9

BILATERAL AND MULTILATERAL COOPERATION

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

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

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

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

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

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

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

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

(g) To establish warning and alarm procedures;

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

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

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

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

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

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

Article 10

CONSULTATIONS

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

 

Author: international

Mentioned in these Entries

Convention on the Protection and Use of Transboundary Watercourses.