Convention on the Transboundary Effects of Industrial Accidents

 

Article 16

EXCHANGE OF TECHNOLOGY

1. The Parties shall, consistent with their laws, regulations
and practices, facilitate the exchange of technology for the
prevention of, preparedness for and response to the effects
of industrial accidents, particularly through the promotion
of:

(a) Exchange of available technology on various financial bases;

(b) Direct industrial contacts and cooperation;

(c) Exchange of information and experience;

(d) Provision of technical assistance.

2. In promoting the activities specified in
paragraph 1, subpararagraphs (a) to (d) of this Article, the
Parties shall create favourable conditions by facilitating
contacts and cooperation among appropriate organizations and
individuals in both the private and the public sectors that are
capable of providing technology, design and engineering
services, equipment or finance.

Article 17

COMPETENT AUTHORITIES AND POINTS OF CONTACT

1. Each Party shall designate or establish one or more
competent authorities for the purposes of this Convention.

2. Without prejudice to other arrangements at the bilateral
or multilateral level, each Party shall designate or establish one
point of contact for the purpose of industrial accident
notifications pursuant to Article 10, and one point of contact for
the purpose of mutual assistance pursuant to Article 12. These
points of contact should preferably be the same.

3. Each Party shall, within three months of the date of entry
into force of this Convention for that Party, inform the other
Parties, through the secretariat referred to in Article 20, which
body or bodies it has designated as its point(s) of contact and as
its competent authority or authorities.

4. Each Party shall, within one month of the date of decision,
inform the other Parties, through the secretariat, of any
changes regarding the designation(s) it has made under paragraph 3
of this Article.

5. Each Party shall keep its point of contact and industrial
accident notification systems pursuant to Article 10 operational
at all times.

6. Each Party shall keep its point of contact and the
authorities responsible for making and receiving requests
for, and accepting offers of assistance pursuant to
Article 12 operational at all times.

Article 18

CONFERENCE OF THE PARTIES

1. The representatives of the Parties shall constitute the
Conference of the Parties of this Convention and hold their meetings
on a regular basis. The first meeting of the Conference of the
Parties shall be convened not later than one year after the date of
the entry into force of this Convention. Thereafter, a meeting of
the Conference of the Parties shall be held at least once a year or
at the written request of any Party, provided that, within six months
of the request being communicated to them by the secretariat, it
is supported by at least one third of the Parties.

2. The Conference of the Parties shall:

(a) Review the implementation of this Convention;

(b) Carry out advisory functions aimed at strengthening the
ability of Parties to prevent, prepare for and respond to
the transboundary effects of industrial accidents, and
at facilitating the provision of technical assistance and advice
at the request of Parties faced with industrial accidents;

(c) Establish, as appropriate, working groups and other
appropriate mechanisms to consider matters related to the
implementation and development of this Convention and, to this
end, to prepare appropriate studies and other documentation and
submit recommendations for consideration by the Conference of
the Parties;

(d) Fulfil such other functions as may be appropriate under
the provisions of this Convention;

(e) At its first meeting, consider and, by consensus, adopt
rules of procedure for its meetings.

3. The Conference of the Parties, in discharging its functions,
shall, when it deems appropriate, also cooperate with other
relevant International Organizations .

4. The Conference of the Parties shall, at its first meeting,
establish a programme of work, in particular with regard to the
items contained in Annex XII hereto. The Conference of the
Parties shall also decide on the method of work, including the
use of national centres and cooperation with relevant
International Organizations and the establishment of a system
with a view to facilitating the implementation of this Convention,
in particular for mutual assistance in the event of an
industrial accident, and building upon pertinent existing activities
within relevant international organizations. As part of the
programme of work, the Conference of the Parties shall review
existing national, regional and international centres, and other
bodies and programmes aimed at coordinating information and efforts
in the prevention of, preparedness for and response to
industrial accidents, with a view to determining what
additional International institutions or centres may be needed
to carry out the tasks listed in Annex XII.

5. The Conference of the Parties shall, at its first
meeting, commence consideration of procedures to create more
favourable conditions for the exchange of technology for the
prevention of, preparedness for and response to the effects
of industrial accidents.

6. The Conference of the Parties shall adopt guidelines and
criteria to facilitate the identification of hazardous activities
for the purposes of this Convention.

Article 19

RIGHT TO VOTE

1. Except as provided for in paragraph 2 of this Article, each Party
to this Convention shall have one vote.

2. Regional economic integration organizations as defined in
Article 27 shall, in matters within their competence, exercise
their right to vote with a number of votes equal to the number of
their member States which are Parties to this Convention.
Such organizations shall not exercise their right to vote if
their member States exercise theirs, and vice versa.

Article 20

SECRETARIAT

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

(a) Convene and prepare meetings of the Parties;

(b) Transmit to the Parties reports and other information received
in accordance with the provisions of this Convention;

(c) Such other functions as may be determined by the Parties.

Article 21

Settlement of Disputes

1. If a dispute arises between two or more Parties about
the interpretation or application of this Convention, they shall
seek a solution by negotiation or by any other method of
dispute settlement acceptable to the parties to the
dispute.

2. When signing, ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, a Party may declare in writing
to the Depositary that, for a dispute not resolved in accordance
with paragraph 1 of this Article, it accepts one or both of
the following means of dispute settlement as compulsory in relation
to any Party accepting the same obligation:

(a) Submission of the dispute to the International Court of
Justice;

(b) Arbitration in accordance with the procedure set out in
Annex XIII hereto.

3. If the parties to the dispute have accepted both means of
dispute settlement referred to in paragraph 2 of this Article,
the dispute may be submitted only to the International Court of
Justice, unless the parties to the dispute agree
otherwise.

 

Author: international

Mentioned in these Entries

International Organizations, International institutions, Settlement of Disputes.