Convention on the Transboundary Effects of Industrial Accidents

 

Article 6

PREVENTION

1. The Parties shall take appropriate measures for the prevention
of industrial accidents, including measures to induce action
by operators to reduce the risk of industrial accidents. Such
measures may include, but are not limited to those referred to in
Annex IV hereto.

2. With regard to any hazardous activity, the Party of origin
shall require the operator to demonstrate the safe performance of
the hazardous activity by the provision of information such as
basic details of the process, including but not limited to, analysis
and evaluation.

Article 7

DECISION-MAKING ON SITING

Within the framework of its legal system, the Party of origin
shall, with the objective of minimizing the risk to the population
and the environment of all affected Parties, seek the establishment
of policies on the siting of new hazardous activities and on
significant modifications to existing hazardous activities. Within
the framework of their legal systems, the affected Parties shall
seek the establishment of policies on significant developments in
areas which could be affected by transboundary effects of
an industrial accident arising out of a hazardous activity so as
to minimize the risks involved. In elaborating and establishing
these policies, the Parties should consider the matters set out in
Annex V, paragraph 2, subparagraphs (1) to (8), and Annex VI
hereto.

Article 8

EMERGENCY PREPAREDNESS

1. The Parties shall take appropriate measures to establish
and maintain adequate emergency preparedness to respond to
industrial accidents. The Parties shall ensure that
preparedness measures are taken to mitigate transboundary effects
of such accidents, on-site duties being undertaken by operators.
These measures may include, but are not limited to those referred to
in Annex VII hereto. In particular, the Parties concerned shall
inform each other of their contingency plans.

2. The Party of origin shall ensure for hazardous activities
the preparation and implementation of on-site contingency
plans, including suitable measures for response and other measures
to prevent and minimize transboundary effects. The Party of
origin shall provide to the other Parties concerned the elements it
has for the elaboration of contingency plans.

3. Each Party shall ensure for hazardous activities the preparation
and implementation of off-site contingency plans covering measures to
be taken within its territory to prevent and minimize
transboundary effects. In preparing these plans, account shall be
taken of the conclusions of analysis and evaluation, in particular
the matters set out in Annex V, paragraph 2, subparagraphs
(1) to (5). Parties concerned shall endeavour to make such
plans compatible. Where appropriate, joint off-site contingency
plans shall be drawn up in order to facilitate the adoption of
adequate response measures.

4. Contingency plans should be reviewed regularly, or
when circumstances so require, taking into account the experience
gained in dealing with actual emergencies.

Article 9

INFORMATION TO, AND PARTICIPATION OF THE PUBLIC

1. The Parties shall ensure that adequate information is given to
the public in the areas capable of being affected by an
industrial accident arising out of a hazardous activity.
This information shall be transmitted through such channels as
the Parties deem appropriate, shall include the elements contained
in Annex VIII hereto and should take into account matters set out
in Annex V, paragraph 2, subparagraphs (1) to (4) and (9).

2. The Party of origin shall, in accordance with the provisions of
this Convention and whenever possible and appropriate, give the
public in the areas capable of being affected an opportunity
to participate in relevant procedures with the aim of making known
its views and concerns on prevention and preparedness measures,
and shall ensure that the opportunity given to the public of
the affected Party is equivalent to that given to the public of
the Party of origin.

3. The Parties shall, in accordance with their legal systems and,
if desired, on a reciprocal basis provide natural or legal persons
who are being or are capable of being adversely affected by
the transboundary effects of an industrial accident in the
territory of a Party, with access to, and treatment in the
relevant administrative and judicial proceedings, including
the possibilities of starting a legal action and appealing a
decision affecting their rights, equivalent to those available
to persons within their own jurisdiction.

Article 10

INDUSTRIAL ACCIDENT NOTIFICATION SYSTEMS

1. The Parties shall, with the aim of obtaining and
transmitting industrial accident notifications containing
information needed to counteract transboundary effects, provide for
the establishment and operation of compatible and efficient
industrial accident notification systems at appropriate
levels.

2. In the event of an industrial accident, or imminent threat
thereof, which causes or is capable of causing transboundary
effects, the Party of origin shall ensure that affected Parties
are, without delay, notified at appropriate levels through
the industrial accident notification systems. Such notification
shall include the elements contained in Annex IX hereto.

3. The Parties concerned shall ensure that, in the event of
an industrial accident or imminent threat thereof, the contingency
plans prepared in accordance with Article 8 are activated as soon
as possible and to the extent appropriate to the
circumstances.

Article 11

RESPONSE

1. The Parties shall ensure that, in the event of an
industrial accident, or imminent threat thereof, adequate
response measures are taken, as soon as possible and using the
most efficient practices, to contain and minimize effects.

2. In the event of an industrial accident, or imminent threat
thereof, which causes or is capable of causing transboundary
ffects, the Parties concerned shall ensure that the effects are
assessed – where appropriate, jointly for the purpose of taking
adequate response measures. The Parties concerned shall endeavour
to coordinate their response measures.

Article 12

MUTUAL ASSISTANCE

1. If a Party needs assistance in the event of an industrial
accident, it may ask for assistance from other Parties, indicating
the scope and type of assistance required. A Party to whom a
request for assistance is directed shall promptly decide and inform
the requesting Party whether it is in a position to render
the assistance required and indicate the scope and terms of
the assistance that might be rendered.

2. The Parties concerned shall cooperate to facilitate the
prompt provision of assistance agreed to under paragraph 1 of
this Article, including, where appropriate, action to minimize
the consequences and effects of the industrial accident, and to
provide general assistance. Where Parties do not have bilateral
or multilateral agreements which cover their arrangements for
providing mutual assistance, the assistance shall be rendered
in accordance with Annex X hereto, unless the Parties agree
otherwise.

Article 13

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

Article 14

RESEARCH AND DEVELOPMENT

The Parties shall, as appropriate, initiate and cooperate in
the conduct of research into, and in the development of methods
and technologies for the prevention of, preparedness for and response
to industrial accidents. For these purposes, the Parties
shall encourage and actively promote scientific and
technological cooperation, including research into less
hazardous processes aimed at limiting accident hazards and
preventing and limiting the consequences of industrial
accidents.

Article 15

EXCHANGE OF INFORMATION

The Parties shall, at the multilateral or bilateral level,
exchange reasonably obtainable information, including the
elements contained in Annex XI hereto.

 

Author: international

Mentioned in these Entries

Convention on the Transboundary Effects of Industrial Accidents 2, Convention on the Transboundary Effects of Industrial Accidents 3, Convention on the Transboundary Effects of Industrial Accidents 4, International Conventions from 1991, Other Environmental conventions.