Convention on the Protection and Use of Transboundary Watercourses

 

Article 1

DEFINITIONS

For the purposes of this Convention,

1. “Transboundary waters”means any surface or ground waters which mark,
cross or are located on boundaries between two or more States; wherever
transboundary waters flow directly into the sea, these transboundary
waters end at a straight line across their respective mouths between
points on the low-water line of their banks;

2. “Transboundary impact”means any significant adverse effect on the
environment resulting from a change in the conditions of transboundary
waters caused by a human activity, the physical origin of which is
situated wholly or in part within an area under the jurisdiction of a
Party, within an area under the jurisdiction of another Party. Such
effects on the environment include effects on human health and safety,
flora, fauna, soil, air, water, climate, landscape and historical
monuments or other physical structures or the interaction among these
factors; they also include effects on the cultural heritage or
socio-economic conditions resulting from alterations to those factors;

3. “Party” means, unless the text otherwise indicates, a Contracting
Party to this Convention;

4. “Riparian Parties”means the Parties bordering the same transboundary
waters;

5. “Joint body” means any bilateral or multilateral commission or other
appropriate institutional arrangements for cooperation between the
Riparian Parties;

6. “Hazardous substances”means substances which are toxic, carcinogenic,
mutagenic, teratogenic or bio-accumulative, especially when they are
persistent;

7. “Best available technology” (the definition is contained in Annex I to
this Convention).

PART I

PROVISIONS RELATING TO ALL PARTIES

Article 2

GENERAL PROVISIONS

1. The Parties shall take all appropriate measures to prevent, control
and reduce any transboundary impact.

2. The Parties shall, in particular, take all appropriate measures:

(a) To prevent, control and reduce pollution of waters causing or
likely to cause transboundary impact;

(b) To ensure that transboundary waters are used with the aim of
ecologically sound and rational water management, conservation of water
resources and environmental protection;

(c) To ensure that transboundary waters are used in a reasonable and
equitable way, taking into particular account their transboundary
character, in the case of activities which cause or are likely to cause
transboundary impact;

(d) To ensure conservation and, where necessary, restoration of
ecosystems.

3. Measures for the prevention, control and reduction of water pollution
shall be taken, where possible, at source.

4. These measures shall not directly or indirectly result in a transfer
of pollution to other parts of the environment.

5. In taking the measures referred to in paragraphs 1 and 2 of this
article, the Parties shall be guided by the following principles:

(a) The precautionary principle, by virtue of which action to avoid
the potential transboundary impact of the release of hazardous substances
shall not be postponed on the ground that scientific research has not
fully proved a causal link between those substances, on the one hand, and
the potential transboundary impact, on the other hand;

(b) The polluter-pays principle, by virtue of which costs of
pollution prevention, control and reduction measures shall be borne by
the polluter;

(c) Water resources shall be managed so that the needs of the present
generation are met without compromising the ability of future generations
to meet their own needs.

6. The Riparian Parties shall cooperate on the basis of equality and
reciprocity, in particular through bilateral and multilateral agreements,
in order to develop harmonized policies, programmes and strategies
covering the relevant catchment areas, or parts thereof, aimed at the
prevention, control and reduction of transboundary impact and aimed at
the protection of the environment of transboundary waters or the
environment influenced by such waters, including the marine environment.

7. The application of this Convention shall not lead to the deterioration
of environmental conditions nor lead to increased transboundary impact.

8. The provisions of this Convention shall not affect the right of
Parties individually or jointly to adopt and implement more stringent
measures than those set down in this Convention.

Article 3

PREVENTION, CONTROL AND REDUCTION

1. To prevent, control and reduce transboundary impact, the Parties shall
develop, adopt, implement and, as far as possible, render compatible
relevant legal, administrative, economic, financial and technical
measures, in order to ensure, inter alia, that:

(a) The emission of pollutants is prevented, controlled and reduced
at source through the application of, inter alia, low- and non-waste
technology;

(b) Transboundary waters are protected against pollution from point
sources through the prior licensing of waste-water discharges by the
competent national authorities, and that the authorized discharges are
monitored and controlled;

(c) Limits for waste-water discharges stated in permits are based on
the best available technology for discharges of hazardous substances;

(d) Stricter requirements, even leading to prohibition in individual
cases, are imposed when the quality of the receiving water or the
ecosystem so requires;

(e) At least biological treatment or equivalent processes are applied
to municipal waste water, where necessary in a step-by-step approach;

(f) Appropriate measures are taken, such as the application of the
best available technology, in order to reduce nutrient inputs from
industrial and municipal sources;

(g) Appropriate measures and best environmental practices are
developed and implemented for the reduction of inputs of nutrients and
hazardous substances from diffuse sources, especially where the main
sources are from agriculture (guidelines for developing best
environmental practices are given in Annex II to this Convention);

(h) Environmental impact assessment and other means of assessment are
applied;

(i) Sustainable water-resources management, including the application
of the ecosystems approach, is promoted;

(j) Contingency planning is developed;

(k) Additional specific measures are taken to prevent the pollution
of groundwaters;

(l) The risk of accidental pollution is minimized.

2. To this end, each Party shall set emission limits for discharges from
point sources into surface waters based on the best available technology,
which are specifically applicable to individual industrial sectors or
industries from which hazardous substances derive. The appropriate
measures mentioned in paragraph 1 of this article to prevent, control and
reduce the input of hazardous substances from point and diffuse sources
into waters, may, inter alia, include total or partial prohibition of the
production or use of such substances. Existing lists of such industrial
sectors or industries and of such hazardous substances in international
conventions or regulations, which are applicable in the area covered by
this Convention, shall be taken into account.

3. In addition, each Party shall define, where appropriate, water-quality
objectives and adopt water-quality criteria for the purpose of
preventing, controlling and reducing transboundary impact. General
guidance for developing such objectives and criteria is given in Annex
III to this Convention. When necessary, the Parties shall endeavour to
update this annex.

Article 4

MONITORING

The Parties shall establish programmes for monitoring the conditions of
transboundary waters.

 

Author: international

Mentioned in these Entries

Convention on the Protection and Use of Transboundary Watercourses 2, Convention on the Protection and Use of Transboundary Watercourses 3, Convention on the Protection and Use of Transboundary Watercourses 4, International Conventions from 1991, Marine and Coastal conventions, Other Environmental conventions.