Convention on the Transboundary Effects of Industrial Accidents

 

Article 1

DEFINITIONS

For the purposes of this Convention,

(a) “Industrial accident”means an event resulting from
an uncontrolled development in the course of any activity
involving hazardous substances either:

(i) In an installation, for example during manufacture, use,
storage, handling, or disposal; or

(ii) During transportation in so far as it is covered by
paragraph 2(d) of Article 2;

(b) “Hazardous activity” means any activity in which one or
more hazardous substances are present or may be present in quantities
at or in excess of the threshold quantities listed in Annex I
hereto, and which is capable of causing transboundary
effects;

(c) “Effects”means any direct or indirect, immediate or
delayed adverse consequences caused by an industrial accident on,
inter alia:

(i) Human beings, flora and fauna;

(ii) Soil, water, air and landscape;

(iii) The interaction between the factors in (i) and (ii);

(iv) Material assets and cultural heritage, including historical monuments;

(d) “Transboundary effects”means serious effects within
the jurisdiction of a Party as a result of an industrial
accident occurring within the jurisdiction of another
Party;

(e) “Operator”means any natural or legal person, including
public authorities, in charge of an activity, e.g. supervising,
planning to carry out or carrying out an
activity;

(f) “Party” means, unless the text otherwise indicates, a
Contracting Party to this Convention;

(g) “Party of origin”means any Party or Parties under
whose jurisdiction an industrial accident occurs or is capable
of occurring;

(h) “Affected Party” means any Party or Parties affected or
capable of being affected by transboundary effects of an
industrial accident;

(i) “Parties concerned”means any Party of origin and any affected Party;

(j) “The public”means one or more natural or legal persons.

Article 2

SCOPE

1. This Convention shall apply to the prevention of, preparedness
for and response to industrial accidents capable of
causing transboundary effects, including the effects of such
accidents caused by natural disasters, and to international
cooperation concerning mutual assistance, research and
development, exchange of information and exchange of technology in
the area of prevention of, preparedness for and response to
industrial accidents.

2. This Convention shall not apply to:

(a) Nuclear accidents or radiological emergencies;

(b) Accidents at military installations;

(c) Dam failures, with the exception of the effects of
industrial accidents caused by such failures;

(d) Land-based transport accidents with the exception of:

(i) Emergency response to such accidents;

(ii) Transportation on the site of the hazardous activity;

(e) Accidental release of genetically modified organisms;

(f) Accidents caused by activities in the marine
environment, including seabed exploration or exploitation;

(g) Spills of oil or other harmful substances at sea.

Article 3

GENERAL PROVISIONS

1. The Parties shall, taking into account efforts already made
at national and international levels, take appropriate measures
and cooperate within the framework of this Convention, to protect
human beings and the environment against industrial accidents
by preventing such accidents as far as possible, by reducing
their frequency and severity and by mitigating their effects. To
this end, preventive, preparedness and response measures,
including restoration measures, shall be applied.

2. The Parties shall, by means of exchange of information,
consultation and other cooperative measures and without undue
delay, develop and implement policies and strategies for reducing
the risks of industrial accidents and improving preventive,
preparedness and response measures, including restoration
measures, taking into account, in order to avoid
unnecessary duplication, efforts already made at national
and international levels.

3. The Parties shall ensure that the operator is obliged to take
all measures necessary for the safe performance of the
hazardous activity and for the prevention of industrial
accidents.

4. To implement the provisions of this Convention, the Parties
shall take appropriate legislative, regulatory, administrative
and financial measures for the prevention of, preparedness for
and response to industrial accidents.

5. The provisions of this Convention shall not prejudice
any obligations of the Parties under international law with
regard to industrial accidents and hazardous
activities.

Article 4

IDENTIFICATION, CONSULTATION AND ADVICE

1. For the purpose of undertaking preventive measures and setting
up preparedness measures, the Party of origin shall take measures,
as appropriate, to identify hazardous activities within its
jurisdiction and to ensure that affected Parties are notified of
any such proposed or existing activity.

2. Parties concerned shall, at the initiative of any such Party,
enter into discussions on the identification of those
hazardous activities that are, reasonably, capable of
causing transboundary effects. If the Parties concerned do not agree
on whether an activity is such a hazardous activity, any such Party
may, unless the Parties concerned agree on another method of
resolving the question, submit that question to an inquiry commission
in accordance with the provisions of Annex II hereto for
advice,

3. The Parties shall, with respect to proposed or existing
hazardous activities, apply the procedures set out in Annex III
hereto.

4. When a hazardous activity is subject to an environmental
impact assessment in accordance with the Convention on
Environmental Impact Assessment in a Transboundary Context and
that assessment includes an evaluation of the transboundary effects
of industrial accidents from the hazardous activity which is
performed in conformity with the terms of this Convention, the
final decision taken for the purposes of the Convention on
Environmental Impact Assessment in a Transboundary Context shall
fulfil the relevant requirements of this Convention.

Article 5

VOLUNTARY EXTENSION

Parties concerned should, at the initiative of any of them,
enter into discussions on whether to treat an activity not covered
by Annex I as a hazardous activity. Upon mutual agreement, they may
use an advisory mechanism of their choice, or an inquiry commission
in accordance with Annex II, to advise them. Where the
arties concerned so agree, this Convention, or any part thereof,
shall apply to the activity in question as if it were a
hazardous activity.

 

Author: international

Mentioned in these Entries

Convention on the Transboundary Effects of Industrial Accidents.