The Contracting Parties,
Determined by the strong intention to intensify their water management cooperation in the field of water protection and water use;
Concerned over the occurrence and threats of adverse effects, in the short or long term, of changes in conditions of watercourses within the Danube River Basin on the environment, economics and well-being of the Danubian States;
Emphasizing the urgent need for strengthened domestic and international measures to prevent, control and reduce significant adverse transboundary impact from the release of hazardous substances and of nutrients into the aquatic environment within the Danube Basin with due attention also given to the Black Sea;
Commending the measures already taken on the domestic initiative of Danubian Countries and on the bilateral and multilateral level of their cooperation as well as the efforts already undertaken within the CSCE-process, by the United Nations Economic Commission for Europe and by the European Community to promote the cooperation, on bilateral and multilateral levels, for the prevention and control of transboundary pollution, sustainable water management, rational use and conservation of water resources;
Referring in particular to the Convention on the protection and use of transboundary watercourses and international lakes of 17 March 1992 as well as the existing bi- and multilateral cooperation among Danubian States, which will be continued and duly taken into account by the cooperation of all Danubian States, as well as pointing to the Convention on the protection of the Black Sea against pollution of 21 April 1992;
Striving at a lasting improvement and protection of Danube River and of the waters within its catchment area in particular in the transboundary context and at sustainable water management taking duly into account the interests of the Danubian States in the field of water use and at the same time contributing to the protection of the marine environment of the Black Sea;
Have agreed as follows
Part I - General provisions
Article 1 - Definitions
For the purposes of this Convention:
(a) "Danubian States" mean sovereign States sharing a considerable part of the hydrological catchment area of the Danube River. As considerable part there is assumed a share exceeding 2000 km2 of the total hydrological catchment area.
(b) "Catchment area" of the Danube River means the hydrological river basin as far as it is shared by the Contracting Parties.
(c) "Transboundary impact" means any significant adverse effect on the riverine environment resulting from a change in the conditions of waters caused by human activity and stretching out beyond an area under the jurisdiction of a Contracting Party. Such changes may affect life and property, safety of facilities and the aquatic ecosystems concerned.
(d) "Hazardous substances" means substances which have toxic, cancerogenic, mutagenic, teratogenic or bioaccumulative effects, in particular those being persistent and having significant adverse impact on living organisms.
(e) "Substances hazardous to water" means substances the hazard potential of which to water resources is extraordinarily high so that their handling requires special preventive and protective measures;
(f) "Point and non-point sources of water pollution" means the sources of pollutants and nutrients the input of which to waters is caused either by locally determined discharges (point source) or by diffuse effects being wide spread over the catchment areas (non-point sources);
(g) "Water balance" means the relationship characterising the natural water household of an entire river basin as to its components (precipitation, evaporation, surface and underground run-off). In addition a component of current man-made effects originating from water use and influencing water quantity is included.
(h) "Connecting data" means summarised data derived from upstream water balances as far as being relevant as an input necessary for the elaboration of downstream water balances and of a general water balance for the Danube River. To this extent connecting data cover the components of the water balance for all significant transboundary waters within the catchment area of the Danube River. Connecting data refer to cross sections of transboundary waters where they mark, cross or are located on boundaries between the Contracting Parties.
(i) "International Commission" means the organisation established by Article 18 of this Convention.
Article 2 - Objectives and principles of cooperation
1. The Contracting Parties shall strive at achieving the goals of a sustainable and equitable water management, including the conservation, improvement and the rational use of surface waters and groundwater in the catchment area as far as possible. Moreover the Contracting Parties shall make all efforts to control the hazards originating from accidents involving substances hazardous to water, floods and ice-hazards of the Danube River. Moreover they shall endeavour to contribute to reducing the pollution loads of the Black Sea from sources in the catchment area.
2. The Contracting Parties pursuant to the provisions of this Convention shall cooperate on fundamental water management issues and take all appropriate legal, administrative and technical measures, to at least maintain and improve the current environmental and water quality conditions of the Danube River and of the waters in its catchment area and to prevent and reduce as far as possible adverse impacts and changes occurring or likely to be caused.
3. To this end the Contracting Parties, taking into account the urgency of water pollution abatement measures and of rational, sustainable water use, shall set priorities as appropriate and shall strengthen, harmonise and coordinate measures taken and planned to be taken at the domestic and international level throughout the Danube Basin aiming at sustainable development and environmental protection of the Danube River. This objective in particular is directed to ensure the sustainable use of water resources for municipal, industrial and agricultural purposes as well as the conservation and restauration of ecosystems and to cover also other requirements occurring as to public health.
4. The Polluter pays principle and the Precautionary principle constitute a basis for all measures aiming at the protection of the Danube River and of the waters within its catchment area.
5. Water management cooperation shall be oriented on sustainable water management, that means on the criteria of a stable, environmentally sound development, which are at the same time directed to:
- maintain the overall quality of life;
- maintain continuing access to natural resources;
- avoid lasting environmental damage and protect ecosystems;
- exercise preventive approach.
6. The application of this Convention by no means shall cause any significant direct or indirect increase of impacts to the riverine environment.
7. Each Contracting Party has the right to adopt and implement measures being more stringent than those resulting from the provisions of this Convention.
Article 3 - Scope
1. This Convention applies to the catchment area of the Danube River as defined under Article 1, paragraph (b).
2. Subject to this Convention in particular shall be the following planned activities and ongoing measures as far as they cause or are likely to cause transboundary impacts:
(a) the discharge of waste water, the input of nutrients and hazardous substances both from point and non-point sources as well as heat discharge;
(b) planned activities and measures in the field of water construction works, in particular regulation as well as run-off and storage level control of water courses, flood control and ice-hazards abatement, as well as the effect of facilities situated in or aside the watercourse on its hydraulic regime;
(c) other planned activities and measures for the purposes of water use, such as water power utilization, water transfer and withdrawal;
(d) the operation of the existing hydrotechnical constructions e.g. reservoirs, water power plants; measures to prevent environmental impact including: deterioration in the hydrological conditions, erosion, abrasion, inundation and sediment flow; measures to protect the ecosystems;
(e) the handling of substances hazardous to water and the precautionary prevention of accidents.
3. This Convention is applicable to issues of fishery and inland navigation as far as problems of water protection against pollution caused by these activities are concerned.
Article 4 - Forms of cooperation
The forms of cooperation under this Convention as a rule are the following:
(a) consultations and joint activities in the framework of the InternationalCommission pursuant to the provisions of this Convention;
(b) exchange of information on bi- and multilateral agreements, legal regulations and on measures in the field of water management; exchange of legal documents and directives and of other publications; other forms for the exchange of information and experiences.
Part II - Multilateral cooperation
Article 5 - Prevention, control and reduction of transboundary impact
1. The Contracting Parties shall develop, adopt and implement relevant legal, administrative and technical measures as well as provide for the domestic preconditions and basis required in order to ensure efficient water quality protection and sustainable water use and thereby also to prevent, control and reduce transboundary impact.
2. To this end the Contracting Parties shall separately or jointly take in particular the measures indicated below:
(a) Record conditions of natural water resources within the Danube River catchment area applying agreed quantity and quality parameters including the methodology concerned.
(b) Adopt legal provisions providing for requirements including time limits to be met by waste water discharges.
(c) Adopt legal provisions for the handling of substances hazardous to water.
(d) Adopt legal provisions for reducing inputs of nutrients or hazardous substances from non-point sources, especially for the application of nutrients as well as of plant protection agents and pesticides in agriculture.
(e) With the aim of harmonising these regulations at a high level of protection as well as for the harmonised implementation of corresponding measures the Contracting Parties shall take into account results and proposals put forward by the International Commission.
(f) The Contracting Parties shall cooperate and take appropriate measures to avoid the transboundary impacts of wastes and hazardous substances in particular originating from transport.
Article 6 - Specific water resources protection measures
The Contracting Parties shall take appropriate measures aiming at the prevention or reduction of transboundary impacts and at a sustainable and equitable use of water resources as well as at the conservation of ecological resources, especially:
(a) enumerate groundwater resources subject to a long-term protection as well as protection zones valuable for existing or future drinking water supply purposes;
(b) prevent the pollution of groundwater resources, especially those in a long-term perspective reserved for drinking water supply, in particular caused by nitrates, plant protection agents and pesticides as well as other hazardous substances;
(c) minimise by preventive and control measures the risks of accidental pollution;
(d) take into account possible influences on the water quality resulting from planned activities and ongoing measures pursuant to Article 3 paragraph 2;
(e) evaluate the importance of different biotope elements for the riverine ecology and propose measures for improving the aquatic and litoral ecological conditions.
Article 7 - Emission limitation: water quality objectives and criteria
1. The Contracting Parties taking into account the proposals from the International Commission shall set emission limits applicable to individual industrial sectors or industries in terms of pollution loads and concentrations and based in the best possible way on low-and non-waste technologies at source. Where hazardous substances are discharged, the emission limits shall be based on the best available techniques for the abatement at source and/or for waste water purification. For municipal waste water, emission limits shall be based on the application of at least biological or an equivalent level of treatment.
2. Supplementary provisions for preventing or reducing the release of hazardous substances and nutrients shall be developed by the Contracting Parties for non-point sources, in particular where the main sources are originating from agriculture, taking into account the best environmental practice.
3. For the purpose of paragraphs 1 and 2 Annex II to this Convention contains a list of industrial sectors and industries as well as an additional list of hazardous substances and groups of substances, the discharge of which from point and non-point sources shall be prevented or considerably reduced. The updating of Annex II lies with the International Commission.
4. The Contracting Parties in addition shall, where appropriate, define water quality objectives and apply water quality criteria for the purpose of preventing, controlling and reducing transboundary impact. General guidance for this is given in Annex III, which shall be applied and specified by the Contracting Parties both, at the domestic level and jointly, where appropriate.
5. Aiming at an efficient limitation of the emissions in areas under their jurisdiction the Contracting Parties shall ensure necessary preconditions and implementation.
They shall ensure that:
(a) the domestic regulations for emission limitation and their level of standards imposed are harmonised step by step with the emission limitation pursuant to this Convention;
(b) waste water discharges without exception are based on a permit imposed by the competent authorities in advance and for a limited period of validity;
(c) regulations and permits for prevention and control measures in case of new or modernised industrial facilities, in particular where hazardous substances are involved, are oriented on the best available techniques and are implemented with high priority;
(d) more stringent provisions than the standards - in individual case even prohibition - are imposed, where the character of the receiving water and of its ecosystem so requires in connection with paragraph 4;
(e) competent authorities surveille, that activities likely to cause transboundary impacts are carried out in compliance with the permits and provisions imposed;
(f) environmental impact assessment in line with supranational and international regulations or other procedures for evaluation and assessment of environmental effects are applied;
(g) when planning, licensing and implementing activities and measures as referred to in Article 3, paragraph 2 and in Article 16, paragraph 2 the competent authorities take into account risks of accidents involving substances hazardous to water by imposing preventive measures and by ordering rules of conduct for post accident response measures.
Article 8 - Emission inventories, action programmes and progress reviews
1. The Contracting Parties shall undertake periodically inventories of the relevant point and non-point sources of pollution within the catchment area of Danube River including the prevention and abatement measures already taken for the respective discharges as well as on the actual efficiency of these measures, taking duly into account Article 5, paragraph 2, subpara a.
2. Based on that the Contracting Parties shall in stages establish a list of further prevention and abatement measures to be taken step by step as far as this is necessary for reaching the objectives of this Convention.
3. The inventory of emissions and the list of measures to be taken from the basis for developing joint action programmes to be developed by the Contracting Parties taking into account priorities set in terms of urgency and efficiency. These action programmes in particular shall be aimed at the reduction of pollution loads and concentrations both from industrial and municipal point sources as well as from non-point sources. They shall inter alia contain the prevention and abatement measures including the timing and cost estimates.
4. In addition the Contracting Parties shall monitor the progress made in the implementation of the joint action programmes by establishing periodical progress reviews. These reviews shall contain both, the protection measures implemented and the progress made as to the riverine conditions in the light of the actual assessment.
Article 9 - Monitoring programmes
On the basis of their domestic activities, the Contracting Parties shall cooperate in the field of monitoring and assessment.
1. For this aim, they shall:
- harmonise or make comparable their monitoring and assessment methods as applied on their domestic levels, in particular in the field of river quality, emission control, flood forecast and water balance, with a view to achieving comparable results to be introduced into the joint monitoring and assessment activities;
- develop concerted or joint monitoring systems applying stationary or mobile measurement devices, communication and data processing facilities;
- elaborate and implement joint programmes for monitoring the riverine conditions in the Danube catchment area concerning both water quality and quantity, sediments and riverine ecosystems, as a basis for the assessment of transboundary impacts such as transboundary pollution and changes of the riverine regimes as well as of water balances, floods and ice-hazards;
- develop joint or harmonised methods for monitoring and assessment of waste water discharges including processing, evaluation and documentation of data taking into account the branch-specific approach of emission limitation (Annex II, Part 1);
- elaborate inventories on relevant point sources including the pollutants discharged (emission inventories) and estimate the water pollution from non-point sources taking into account Annex II, Part 2; review these documents according to the actual state.
2. In particular they shall agree upon monitoring points, river quality characteristics and pollution parameters regularly to be evaluated for the Danube River with a sufficient frequency taking into account the ecological and hydrological character of the watercourse concerned as well as typical emissions of pollutants discharged within the respective catchment area.
3. The Contracting Parties shall establish, on the basis of a harmonised methodology, domestic water balances, as well as the general water balance of the Danube River Basin. As an input for this purpose the Contracting Parties to the extent necessary shall provide connecting data which are sufficiently comparable through the application of the harmonised methodology. On the same data base water balances can also be compiled for the main tributaries of Danube River.
4. They shall periodically assess the quality conditions of Danube River and the progress made by their measures taken aiming at the prevention, control and reduction of transboundary impacts. The results will be presented to the public by appropriate publications.
Article 10 - Obligations of reporting
The Contracting Parties shall report to the International Commission on basic issues required for the Commission to comply with its tasks. These reports shall in particular involve:
(f) communication on planned activities, which for reason of their character are likely to cause transboundary impacts.
Article 11 - Consultations
1. Having had a prior exchange of information the Contracting Parties involved shall at the request of one or several Contracting Parties concerned enter into consultations on planned activities as referred to in Article 3, paragraph 2, which are likely to cause transboundary impacts, as far as this exchange of information and these consultations are not yet covered by bilateral or other international cooperation. The consultations are carried out as a rule in the framework of the International Commission, with the aim to achieve a solution.
2. Prior to a decision on planned activities the competent authorities - with the exception of pending danger - shall wait for the results of the consultations except the case, that they are not finalised one year after their commencement at the latest.
Article 12 - Exchange of information
1. As determined by the International Commission the Contracting Parties shall exchange reasonably available data, inter alia, on:
(a) the general conditions of the riverine environment within the catchment area of the Danube River;
(b) Experience gained in the application and operating of best available techniques and results of research and development;
(c) Emission and monitoring data;
(d) Measures taken and planned to be taken to prevent, control and reduce transboundary impact;
(e) Regulations for waste water discharges;
(f) Accidents involving substances hazardous to water.
2. In order to harmonise emission limits, the Contracting Parties shall undertake the exchange of information on their regulations.
3. If a Contracting Party is requested by any other Contracting Party to provide data or information that is not available, the former shall endeavour to comply with the request but may condition its compliance upon the payment, by the requesting Party, of reasonable charges for collecting and, where appropriate, processing such data or information.
4. For the purposes of the implementation of this Convention, the Contracting Parties shall facilitate the exchange of best available techniques, particularly through the promotion of: the commercial exchange of available techniques, direct industrial contacts and cooperation, including joint ventures; the exchange of information and experience; and the provision of technical assistance. The Contracting Parties shall also undertake joint training programmes and the organisation of relevant seminars and meetings.
[Omitted: Article 13 - Protection of information supplied, Article 14 - Information to the public, Article 15 - Research and development]
Article 16 - Communication, warning and alarm systems, emergency plans
1. The contracting Parties shall provide for coordinated or joint communication, warning and alarm systems in the basin-wide context to the extent this is necessary to supplement the systems established and operated at a bilateral level. They shall consult on ways and means of harmonising domestic communication, warning and alarm systems and emergency plans.
2. The Contracting Parties shall in the framework of the International Commission inform each about competent authorities or points of contact designated for this purpose in case of emergency events such as accidental pollution, other critical water conditions, floods and ice-hazards. Accordingly the competent authorities shall cooperate to establish joint emergency plans, where necessary, supplementary to existing plans on the bilateral level.
3. If a competent authority identifies a sudden increase of hazardous substances in the Danube River or in waters within its catchment area or receives note of a disaster or of an accident likely to cause serious impact on the water quality of Danube River and to affect downstream Danubian States this authority shall immediately inform the contact points designated and the International Commission according to the way of procedure introduced by the Commission.
4. In order to control and reduce the risks originating from floods including ice-hazards, the competent authorities shall immediately inform the downstream Danubian States likely to be affected and the International Commission on the occurrence and run-off of floods as well as on forecasts of icehazards.
[Omitted: Article 17 - Mutual assistance]
Part III - International Commission
Article 18 - Establishment, tasks and competences
1. With a view to implementing the objectives and provisions of this Convention the International Commission for the Protection of the Danube River, referred to in this Convention as International Commission, shall be established. The Contracting Parties shall cooperate in the framework of the International Commission. For implementing the obligations of the Contracting Parties pursuant to Articles 1 to 18 the International Commission elaborates proposals and recommendations addressed to the Contracting Parties.
2. The structure and the procedures of the International Commission as well as its competences are stipulated in detail in Annex IV to this Convention constituting the Statute of the Commission.
3. In addition to affairs explicitly entrusted the International Commission is competent to deal with all other affairs the Commission is entrusted with by mandate from the Contracting Parties in the framework of Article 3 of this Convention.
[Omitted: Article 19 - Transition concerning the Bucharest Declaration]
Part IV - Procedural and final clauses
Article 20 - Validity of the Annexes
Subject to Article 23, the Annexes I to V form integral parts of this Convention.
[Omitted: Article 21 - Existing and supplementary agreements, Article 22 - Conference of the Parties, Article 23 - Amendments to the Convention, Article 24 - Settlement of disputes, Article 25 - Signature, Article 26 - Ratification, acceptance or approval, Article 27 - Entry into force, Article 28 - Accession, participation, Article 29 - Withdrawal, Article 30 - Function of the depositary, Article 31 - Authentic texts, depositary]
Part 1 - Best available techniques
1. The use of the best available techniques shall emphasize the use of non-waste technology, if available.
2. The term "best available techniques" means the latest stage of development (state of the art) of processes, of facilities or of methods of operation which indicate the practical suitability of a particular measure for limiting discharges, emissions and waste. In determining whether a set of processes, facilities and methods of operation constitute the best available techniques in general or individual cases, special consideration shall be given to:
(a) comparable processes, facilities or methods of operation which have recently been successfully tried out;
(b) technological advances and changes in scientific knowledge and understanding;
(c) the economic feasibility of such techniques;
(d) time limits for installation in both new and existing plants;
(e) the nature and volume of the discharges and emissions concerned.
3. It therefore follows that what is "best available techniques" for a particular process will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.
4. If the reduction of discharges and emissions resulting from the use of best available techniques does not lead to environmentally acceptable results, additional measures have to be applied.
5. The term "techniques" includes both the technology used and the way the installation is designed, built, maintained, operated and dismantled.
Part 2 - Best environmental practice
1. Best environmental practice means the application of the most appropriate combination of sectoral environmental control strategies and measures.
2. In determining what combination of measures constitute best environmental practice, in general or individual cases, particular consideration should be given to:
- the precautionary principle;
- the environmental hazard of the product and its production, use and ultimate disposal (principle of responsibility);
- the substitution by less polluting activities or substances and saving resources including energy (principle of minimising);
- the scale of use;
- the potential environmental benefit or penalty of substitute materials or activities;
- advances and changes in scientific knowledge and understanding;
- time limits for implementation;
- social and economic implication.
3. It therefore follows that best environmental practice for a particular source of impacts will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.
4. If the reduction of impacts resulting from the use of best environmental practice does not lead to environmentally acceptable results, additional measures have to be applied and best environmental practice redefined.
[Omitted: Annex II - Industrial sectors and hazardous substances, Annex III - General guidance on water quality objectives and criteria, Annex IV - Statute of the International Commission for the Protection of the River Danube, Annex V - Arbitration]
[The Contracting Parties]
Desiring to work towards the sustainable development of the Rhine ecosystem on the basis of a comprehensive approach, taking into consideration the natural wealth of the river, its banks and alluvial areas,
Desiring to step up their cooperation on conserving and improving the Rhine ecosystem,
Referring to the Convention of 17 March 1992 on the protection and use of transboundary watercourses and international lakes and the Convention of 22 September 1992 on the protection of the marine environment of the north-east Atlantic,
Have agreed as follows:
Article 1 - Definitions
For the purposes of this Convention:
(a) "Rhine" means the Rhine from the outlet of Lake Untersee and, in the Netherlands, the branches Bovenrijn, Bijlands Kanaal, Pannerdensch Kanaal, Ijssel, Nederrijn, Lek, Waal, Boven-Merwede, Beneden-Merwede, Noord, Oude Maas, Nieuwe Maas and Scheur and the Nieuwe Waterweg as far as the base line as specified in Article 5 in connection with Article 11 of the United Nations Convention on the Law of the Sea, the Ketelmeer and the Ijsselmeer;
(b) "Commission" means the International Commission for the Protection of the Rhine (ICPR).
Article 2 - Scope
This Convention applies to:
(a) the Rhine;
(b) groundwater interacting with the Rhine;
(c) aquatic and terrestrial ecosystems which interact or could again interact with the Rhine;
(d) the Rhine catchment area, insofar as its pollution by noxious substances adversely affects the Rhine;
(e) the Rhine catchment area, insofar as it is of importance for flood prevention and protection along the Rhine.
Article 3 - Aims
The Contracting Parties shall pursue the following aims through this Convention:
1. sustainable development of the Rhine ecosystem, in particular through:
(a) maintaining and improving the quality of the Rhine's waters, including the quality of suspended matter, sediments and groundwater, notably by
- preventing, reducing or eliminating as far as possible pollution caused by noxious substances and by nutrients from point sources (e.g. industry and municipalities) and diffuse sources (e.g. agriculture and traffic) - including that from groundwater - and pollution from shipping,
- ensuring and improving the safety of installations and preventing incidents and accidents;
(c) maintaining, improving and restoring the natural function of the waters; ensuring that flow management takes account of the natural flow of solid matter and promotes interactions between river, groundwater and alluvial areas; conserving, protecting and reactivating alluvial areas as natural floodplains;
(d) conserving, improving and restoring the most natural habitats possible for wild fauna and flora in the water, on the river bed and banks and in adjacent areas, and improving living conditions for fish and restoring their free migration;
(e) ensuring environmentally sound and rational management of water resources;
(f) taking ecological requirements into account when implementing technical measures to develop the waterway, e.g. for flood protection, shipping or the use of hydroelectric power;
2. the production of drinking water from the waters of the Rhine;
3. improvement of sediment quality in order that dredged material may be deposited or spread without adversely affecting the environment;
4. general flood prevention and protection, taking account of ecological requirements;
Article 4 - Principles
To this end, the Contracting Parties shall be guided by the following principles:
(a) precautionary principle;
(b) principle of preventive action;
(c) principle of rectification, as a priority at source;
(d) polluter pays principle;
(e) principle of not increasing damage;
(f) principle of compensation in the event of major technical measures;
(g) principle of sustainable development;
(h) application and development of the state of the art and best environmental practice;
(i) principle of not transferring environmental pollution from one environment to another.
Article 5 - Undertakings by the Contracting Parties
To achieve the aims set out in Article 3, and in the light of the principles set out in Article 4, the Contracting Parties undertake:
1. to step up their cooperation and to inform one another, particularly regarding actions taken in their territory to protect the Rhine;
2. to implement in their territory the international measuring programmes and the studies of the Rhine ecosystem agreed upon by the Commission and to inform the Commission of the results;
3. to carry out analyses with a view to identifying the causes of and parties responsible for pollution;
4. to initiate the autonomous actions they deem necessary in their territory, and in any event ensure that
(a) discharging of waste water liable to affect water quality is subject to prior authorisation or to general rules laying down emission limits;
(b) discharges of hazardous substances are gradually reduced with a view to complete elimination;
(c) compliance with authorisations and general rules is monitored, as are discharges;
(d) authorisations and general rules are periodically examined and adjusted where substantial improvements in the state of the art so permit or where the state of the receiving medium so necessitates;
(e) the risk of pollution from incidents or accidents is reduced as far as possible by regulations, and the requisite measures are taken in the event of an emergency;
(f) technical measures liable to have a serious effect on the ecosystem are subject to prior authorisation, along with the necessary conditions, or to general regulations;
5. to initiate the necessary actions in their territory to implement decisions taken by the Commission in accordance with Article 11;
6. in the event of incidents or accidents that might threaten the quality of the water of the Rhine or in the event of imminent flooding, immediately to inform the Commission and the Contracting Parties liable to be affected, in accordance with the warning and alert plans coordinated by the Commission.
Article 6 - Commission
1. To implement this Convention, the Contracting Parties shall pursue their cooperation within the Commission.
2. The Commission shall have legal personality. In the territory of the Contracting Parties it shall, in particular, enjoy the legal capacity conferred on legal persons by domestic law. It shall be represented by its Chairman.
3. Questions of labour legislation and social matters shall be governed by the law of the country in which the Commission has its seat.
[Omitted: Article 7 - Organisation of the Commission]
Article 8 - Tasks of the Commission
1. To achieve the aims set out in Article 3 the Commission shall accomplish the following tasks:
(a) prepare international measuring programmes and studies of the Rhine ecosystem and make use of their results, in cooperation with scientific institutions if necessary;
(b) make proposals for individual measures and programmes of measures, where appropriate including economic instruments and taking into account the expected costs;
(c) coordinate the Contracting States' warning and alert plans for the Rhine;
(d) evaluate the effectiveness of the actions decided upon, notably on the basis of the reports of the Contracting Parties and the results of the measuring programmes and studies of the Rhine ecosystem;
(e) carry out any other tasks entrusted to it by the Contracting Parties.
2. To this end, the Commission shall take decisions in accordance with Articles 10 and 11.
3. The Commission shall submit an annual activity report to the Contracting Parties.
4. The Commission shall inform the public as to the state of the Rhine and the results of its work. It may draft and publish reports.
[Omitted: Article 9 - Plenary sessions of the Commission, Article 10 - Decision-making in the Commission, Article 11 - Implementation of Commission decisions, Article 12 - Secretariat of the Commission, Article 13 - Distribution of costs, Article 14 - Cooperation with the other States, other organisations and external experts, Article 15 - Working languages, Article 16 - Settlement of disputes, Article 17 - Entry into force, Article 18 - Withdrawal, Article 19 - Repeal and continued application of current law, Article 20 - Original and deposit]
Protocol of signature
In signing the Convention for the Protection of the Rhine, the heads of delegation in the ICPR agree upon the following points.
2. "State of the art" and "best available techniques" are synonymous expressions and, like the expression "best environmental practice", must be understood as defined in the Convention of 17 March 1992 on the protection and use of transboundary watercourses and international lakes (Annexes I and II) and the Convention of 22 September 1992 for the protection of the marine environment of the north-east Atlantic (Appendix I).
Bearing in mind the principles advocated in the Declaration by the Heads of State or Government of Southern African States "Towards the Southern African Development Community" and the Treaty of the Southern African Development Community signed on 17 August 1992 and the Revised Protocol on Shared Watercourses in the Southern African Development Community signed on 7 August 2000;
Taking into account the modern principles and norms of International Law as reflected in the Convention on the Law of the Non-Navigational Uses of International Watercourses adopted by the General Assembly of the United Nations on 21 May 1997;
Conscious of the mutual advantages of concluding agreements on co-operation on shared watercourses;
Determined to co-operate and seek mutually satisfactory solutions for the needs of the Parties towards water protection and to the sustainable utilization and development of the water resources with a view to improving the standard of living of their populations;
Expressing the common desire to proceed with sustainable development on the basis of Chapter 18 of Agenda 21, adopted by the United Nations Conference on Environment and Development on 14 June 1992;
Recognising that the Parties need to agree on water use in the shared watercourses to enable sustainable development;
Mindful of the fact that good relationships between the people and the governments of the Parties, good neighbourliness and mutual respect, will contribute to the improvement of co-operation on the protection and utilization of waters for the benefit and the welfare of their populations;
Taking into consideration the interim nature of this Agreement;
Hereby agree as follows:
Article 1 - Definitions
For the purposes of this Agreement the following terms shall have the meanings ascribed to them hereunder:
"catchment" means an area through which any rainfall will drain into the watercourse through surface flow to a common point;
"emergency situation" means a situation that causes or poses an imminent threat of causing serious harm to the Parties and which results suddenly from natural causes, such as torrential rains, floods, landslides or earthquakes, or from human conduct;
"environmental impact assessment" means a national procedure for evaluating the likely impact of a planned measure on the environment;
"impact" means any effect on the environment caused by an activity; such effects on the environment include effects on human health and safety, flora, fauna, soil, air, water, climate, landscape, socio-economic environment or the interaction among these factors and cultural heritage or socio-economic conditions resulting from alterations to these factors;
"Incomati watercourse" means the system of the Incomati River, which includes the tributaries Mazimechopes, Uanetze, Massintonto, Sabie, Crocodile, Komati Rivers and the estuary;
"Maputo watercourse" means the system of the Maputo River, which includes the tributaries Pongola and Usuthu Rivers and the estuary;
"ministers" means Ministers responsible for the water affairs of the Parties;
"ongoing activity" means any activity that would have been subjected to a decision of a competent authority in accordance with an applicable national procedure if it had been a planned measure;
"Piggs Peak Agreement" means the agreement reached at the Tripartite Ministerial Meeting of Ministers Responsible for Water Affairs, signed in Piggs Peak on 15 February 1991;
"planned measure" means any activity or a major change to an ongoing activity subject to a decision of a competent authority in accordance with applicable national procedures;
"pollution" means any detrimental alteration in the composition or quality of the waters of a shared watercourse, which results directly or indirectly from human conduct;
"Protocol" means the Revised Protocol on Shared Watercourses in the Southern African Development Community signed on 7 August 2000 in Windhoek;
"sustainable development" is development which meets the needs of present generations without compromising future generations to meet their own needs;
"TPTC" means the Tripartite Permanent Technical Committee established by the Agreement between the Government of the Republic of South Africa, the Government of the Kingdom of Swaziland and the Government of the People's Republic of Mozambique relative to the establishment of the Tripartite Permanent Technical Committee, signed in Pretoria on 17 February 1983;
"transboundary impact" means any adverse effect, caused by human conduct, within an area under the jurisdiction of a Party caused by a proposed activity, the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;
"watercourse" means a system of surface and groundwaters constituting by virtue of their physical relationship a unitary whole normally flowing into a common terminus such as the sea, lake or aquifer.
Article 2 - General objective
This Agreement aims to promote co-operation among the Parties to ensure the protection and sustainable utilisation of the water resources of the Incomati and Maputo watercourses.
Article 3 - General principles
For purposes of this Agreement, the general principles of the Protocol shall apply, especially-
(a) sustainable utilization principle;
(b) equitable and reasonable utilisation and participation principle;
(c) prevention principle; and
(d) co-operation principle.
Article 4 - Responsibilities of the Parties
The Parties shall, individually and, where appropriate, jointly, develop and adopt technical, legal, administrative and other reasonable measures in order to-
(a) prevent, reduce and control pollution of surface and groundwaters, and protect and enhance the quality status of the waters and associated ecosystems for the benefit of present and future generations;
(b) prevent, eliminate, mitigate and control transboundary impacts;
(c) co-ordinate management plans and planned measures;
(d) promote partnership in effective and efficient water use;
(e) promote the security of relevant water related infrastructures and prevent accidents;
(f) monitor and mitigate the effects of floods and droughts;
(g) provide warning of possible floods and implement agreed upon urgent measures during flood situations;
(h) establish comparable monitoring systems, methods and procedures;
(i) exchange information on the water resources quality and quantity, and the uses of water;
(j) promote the implementation of this Agreement according to its objectives and defined principles;
(k) implement capacity building programmes in accordance with Article 14; and
(l) co-operate with the SADC organs and other shared watercourse institutions.
Article 5 - Shared watercourses institution
1. The joint body for co-operation between the Parties shall be the TPTC.
Article 6 - Protection of the environment
1. The Parties shall, individually and, where appropriate, jointly, protect and preserve the aquatic environment of the Incomati and Maputo watercourses, taking into account generally accepted international rules and standards.
2. The Parties shall, individually and, where appropriate, jointly, take all measures to protect and preserve the ecosystems of the Incomati and Maputo watercourses.
3. The Parties shall take all measures necessary to prevent the introduction of species, alien or new, into the Incomati and Maputo watercourses, which may have effects detrimental to the ecosystems of the watercourses resulting in significant harm to other Parties.
Article 7 - Sustainable utilisation
1. The Parties shall be entitled, in their respective territories, to optimal and sustainable utilisation of and benefits from the water resources of the Incomati and Maputo watercourses, taking into account the interests of the other Parties concerned, consistent with adequate protection of the watercourses for the benefit of present and future generations.
2. The Parties shall co-ordinate their management activities by-
(a) the exchange of information on their respective experiences and perspectives; and
(b) the co-ordination of management plans, programmes and measures.
3. In pursuing the objective of this Article, the Parties shall follow the flow regimes stipulated in Annex I as determined according to Article 9.
4. In further pursuance of the objective of this Article the Parties disclose in Annex II their intentions of developing new projects that fall outside the scope of Annex I during the period of validity of this Agreement.
5. The Parties are committed to develop measures towards improvement of efficiency and rational use of water and its conservation and to promote more efficient water use through adopting better available technology.
Article 8 - Water quality and prevention of pollution
1. In order to protect and conserve the water resources of the Incomati and Maputo watercourses, the Parties shall, through resolutions adopted by the TPTC, and, when appropriate, through the co-ordination of management plans, programmes and measures, proceed to-
(a) endeavour to develop an evolving classification system for the water resources of the Incomati and Maputo watercourses;
(b) classify and state the objectives and criteria in respect of water quality variables to be achieved through the agreed classification system for the water resources;
(c) adopt a list of substances the introduction of which, into the water resources of the Incomati and Maputo watercourses, is to be prohibited or limited, investigated or monitored;
(d) adopt techniques and practices to prevent, reduce and control the pollution and environmental degradation of the Incomati and Maputo watercourses that may cause significant harm to the other Parties or to their environment, including human health and safety, or to the use of the waters for any beneficial purpose, or to the living resources of the watercourses; and
(e) implement a regular monitoring programme, including biological and chemical aspects for the Incomati and Maputo watercourses and report, at the intervals established by the TPTC, on the status and trends of the associated aquatic, marine and riparian ecosystems in relation to the water quality of the said watercourses.
2. Until such time that water quality objectives and criteria are determined, the Parties shall comply with the provisions of the Resolution of the TPTC on Exchange of Information and Water Quality. The Resolution may be reviewed by the TPTC from time to time.
Article 9 - Flow regimes
1. The agreed flow regime of the Incomati watercourse is contained in Annex I, which complements the flow regime as determined in the Piggs Peak Agreement, and the agreed flow regime of the Maputo watercourse is contained in the same Annex.
2. Any abstraction of waters from the Incomati or Maputo watercourses, regardless of the use or geographic destination of such waters, shall be in conformity with the flow regimes of Annex I and relevant provisions of this Agreement and its Annexes.
3. The Parties have considered the following criteria in establishing the flow regimes contained in Annex I:
(a) The geographic, hydrological, climatic and other natural characteristics of each watercourse;
(b) the need to ensure water of sufficient quantity with acceptable quality to sustain the watercourses and their associated ecosystems;
(c) any present and reasonably foreseeable water requirements, including afforestation;
(d) existing infrastructure which has the capacity to regulate streamflow of the watercourses; and
(e) agreements in force among the Parties.
4. The following short to medium term water requirements of each of the Parties are recognised in particular:
(a) The strategic importance to Mozambique of augmenting the water supplies to the city of Maputo and its metropolitan area from one or both of the Incomati and Maputo watercourses;
(b) the importance to Swaziland of developing the Lower Usuthu Smallholder Irrigation Project in the Usuthu River catchment; and
(c) the importance to South Africa of establishing and developing emerging irrigation farmers in the Incomati River catchment.
5. The additional water requirements of the city of Maputo, for which additional water must be secured, have been reserved in Annex I.
[Omitted: Article 10 - Droughts and floods]
Article 11 - Incidents of accidental pollution and other emergency situations
1. The Parties shall, without delay and by the most expeditious means available, notify other potentially affected Parties, the SADC organs or any other authorized institutions and competent international organisations of any incidents of accidental pollution and other emergency situations originating within their respective territories and shall promptly supply the necessary information to such affected Parties and competent organisations with a view to co-operate in the prevention, mitigation and elimination of the harmful effects of the emergency.
2. The Parties shall, individually and, where appropriate, jointly, develop contingency plans for responding to any incidents of accidental pollution and other emergency situations in co-operation, where appropriate, with other potentially affected Parties and competent international organisations, to take immediately all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate the harmful effects of the emergency.
Article 12 - Exchange of and access to information
1. The Parties shall, within the TPTC, exchange available information and data regarding the hydrological, geohydrological, water quality, meteorological and environmental condition of the Incomati and Maputo watercourses to enable planning, development and management of these shared watercourses.
2. The Parties shall exchange data, information and study reports on the activities that are likely to cause significant transboundary impacts.
3. To enable compliance with subArticle (2), the polluting substances subject to special attention shall be as agreed in the Resolution and regularly reviewed by the TPTC.
4. The Parties shall exchange information and consult each other and if necessary, negotiate the possible effects of planned measures on the condition of the Incomati and Maputo watercourses. The Parties shall employ their best efforts to collect and where appropriate, to process data and information in a manner, which facilitates its utilisation by the other Party to which it is communicated.
5. If a Party is requested by another Party to provide data or any information in subArticles (1) and (2), and that information is not readily available, it shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting Party of the reasonable costs of collecting and where appropriate processing such data or information.
6. The Parties shall provide one another, at intervals agreed to by the TPTC, information on the use, quantity and quality of the water resources and the ecological state of the Incomati and Maputo watercourses necessary for the implementation of this Agreement.
7. The Parties shall develop the appropriate measures to ensure that the information is homogeneous, compatible and comparable, as agreed by the TPTC.
8. The Parties shall create the necessary conditions to ensure that, in conformity with applicable domestic law or International Law, information on matters covered by this Agreement is available to whoever makes a reasonable request.
Article 13 - Transboundary impacts
1. Planned measures listed in Annex II [sic], regardless of their location, that by themselves or by accumulation with the existing ones, have the potential of a significant transboundary impact on the watercourse, shall not commence before the provisions of Article 4(1) of the Protocol are complied with.
2. Whenever, a planned measure, not listed in Annex II [sic], is likely to cause a significant transboundary impact or any of the Parties expresses concern that such may occur, it shall not commence before the provisions of Article 4(1) of the Protocol are complied with.
3. In case of a planned measure involving significant transboundary impact of substantial magnitude the Parties shall conduct an environmental impact assessment, which takes transboundary impact into account in accordance with procedures determined by the TPTC.
4. Whenever an ongoing activity causes or is likely to cause a significant transboundary impact, which will lead the Party to fail to comply with an obligation under Articles 4, 8 or 9, the national procedures on the subject shall apply and the Parties concerned shall endeavour to address the matter through the co-ordination of management plans, programmes or measures.
[Omitted: Article 14 - Capacity building, Article 15 - Settlement of disputes, Article 16 - Annexes, Article 17 - Existing watercourse agreements, Article 18 - Entry into force, termination and amendments, Article 19 - Depositary of the agreement]
Annex I - Flow regime
Article 1 - Determining criteria
1. Determination of the flow regime is based on the criteria in Article 9(3) of the Agreement.
2. The Parties accord a first priority to supply water for domestic, livestock and industrial use, as well as ecological water requirements as recognised by the TPTC.
3. If, upon review of the hydrology of the system, more water is found to be available in the Incomati or Maputo watercourses than that contemplated in this Annex, the Parties shall give priority to the water uses referred to in subArticle (2), when considering the allocation of the water.
4. Monitoring of the flow regime will be carried out at appropriate hydrometrical stations. The TPTC will determine their location and the conditions of installation and operation.
[Omitted: Article 2 - Incomati watercourse, Article 3 - Maputo watercourse, Article 4 - Utilisation of the Incomati watercourse]
Article 5 - Water requirements of the ecosystems of the Incomati watercourse
1. The Parties acknowledge the need to maintain interim instream flows at various key points in the Incomati watercourse to sustain the ecology of the watercourse including the estuary of the Incomati River.
[Omitted: Article 6 - Utilisation of the Maputo watercourse, Article 7 - Water requirements of the ecosystems of the Maputo watercourse, Article 8 - Water conservation, Article 9 - Generation of hydropower, Article 10 - Concluding provisions, Annex II - Reference projects]
Annex III - Transboundary impact
The projects and activities referred to in Article 13(1) of the Agreement are the following:
(a) Industrial installation for energy production or mining activities which can impact significantly on water quality and quantity;
(b) pipelines carrying oil or chemical products;
(c) installations (facilities) for storage of dangerous products;
(g) groundwater abstraction facilities, regardless of the use or destination of the water, above 3,5 million m3 per year;
(h) artificial recharging of aquifers with volumes above 3,5 million m3 per year;
(j) waste water discharges, of urban, industrial, cattle raising or other origin, in which the polluting charge is above 1000 equivalent inhabitants;
(l) deforestation and reforestation works, affecting an area above 500 hectares and that have the potential to increase the sediment production or to increase flood peaks or to decrease the river flow.
[Omitted: Annex IV - Bilateral and trilateral agreements, Annex V - Time frame for the establishment of comprehensive water resource development and water use agreements]
Recognizing the vital importance of trans-boundary co-operation for the Parties aimed towards sustainable development of the Sava River Basin;
Being aware of the need to promote sustainable water management by regulating utilization, protection of the waters and aquatic eco-system and protection against the detrimental effects of the waters in the Sava River Basin, taking into consideration the Convention on Cooperation for the Protection and Sustainable Use of the Danube River (Sofia 1994);
Taking into account the great political, economic and social changes that have taken place in the region of the Sava River Basin;
Confirming our commitment to a sustainable development of the region that should be brought about in co-operation with the countries in the region, and with the view to ensure that this Agreement fits, in a coherent way, in accordance with the European Union integration process;
Desiring to develop mutual co-operation on the basis of principles of equal rights, State sovereignty and territorial integrity, good faith and good neighborliness;
Aware of the ever increasing importance attached to the protection of the environment and natural resources, as well as the need for enhanced co-operation for an effective protection of the Sava River Basin;
Recognizing the great value of the Sava River Basin and its environment and natural assets, for the economic and social well-being and living standards of the citizens;
Having in mind that the Sava River Basin is part of the Danube Basin and that several international law regimes established by multilateral instruments of international water law, international environmental law and European Union legislation are applied to water resources of the Danube River Basin;
Wishing to join their efforts on sustainable management of water resources of the Sava River Basin with the efforts of other countries and international institutions and arrangements present in the Danube Basin;
Have agreed as follows:
Part 1 - General provisions
Article 1 - Definitions
For the purposes of this Agreement:
1. "Transboundary Impact" means any adverse effect on the river environment resulting from a change in water regime, caused by human activity and stretching out beyond an area under the jurisdiction of a Party, and which change may affect life and property, safety of facilities, and the aquatic ecosystem concerned.
2. "The Sava River Basin" is the geographical area extended over the territories of the Parties, determined by the watershed limits of the Sava River and its tributaries, which comprises surface and groundwaters, flowing into a common terminus.
3. "Water Regime" comprises quantity and quality conditions of the waters of the Sava River Basin in space and time influenced by human activities or natural changes.
Article 2 - Objective of the agreement
1. The Parties shall cooperate in order to achieve the following goals:
(b) Establishment of sustainable water management; and
(c) Undertaking of measures to prevent or limit hazards, and reduce and eliminate adverse consequences, including those from floods, ice hazards, droughts and incidents involving substances hazardous to water.
2. For the purpose of carrying out the goals stated in Paragraph 1 of this Article, the Parties shall cooperate in the process of the creation and realization of joint plans and development programs of the Sava River Basin and harmonization of their legislation with EU legislation.
Part Two - General principles of cooperation
Article 3 - General obligation to cooperate
1. The Parties shall cooperate on the basis of sovereign equality, territorial integrity, mutual benefit, and good faith in order to attain the goals of the present agreement.
2. The Parties shall cooperate on the basis of, and in accordance with, Directive 2000/60/EC of the EU Parliament and Council of October 23, 2000, Establishing a Framework for Community Activities in the Field of Water Policy (hereinafter: EU Water Framework Directive).
Article 4 - Exchange of data and information
Pursuant to Article 3 of this Agreement, the Parties shall, on a regular basis, exchange information on the water regime of the Sava River Basin, the regime of navigation, legislation, organizational structures, and administrative and technical practices.
Article 5 - Cooperation with international organizations
In realization of this Agreement, the Parties shall especially cooperate with:
(a) The International Commission for Protection of Danube River (hereinafter: ICPDR);
(b) The Danube Commission;
(c) The United Nations Economic Commission for Europe (hereinafter: UN/ECE), and
(d) Institutions of the European Union.
Article 6 - Cooperation with national organizations (authorities or bodies)
1. The Parties agree to nominate organizations (authorities or bodies) competent for realization of this Agreement on the part of the Sava River Basin within their territories.
2. The Parties agree to inform the Chairman of the International Sava River Basin Commission (as established in Article 15 of this Agreement) of the nomination of the organizations (authorities or bodies) stated in paragraph 1 of this Article.
Article 7 - Principle of reasonable and equitable utilization of the waters
1. The Parties are entitled, within their territories, to a reasonable and equitable share of the beneficial uses of the Sava River Basin water resources.
2. Reasonable and equitable share within the meaning of Paragraph 1 of this Article is to be determined in any particular case in light of the relevant factors according to international law.
Article 8 - Transboundary impact
1. The Parties shall agree on how to regulate all issues concerning measures aimed at securing integrity of the water regime in the Sava River Basin and the elimination or reduction of transboundary impacts on the waters of the other parties caused by economic or other activities.
2. For that purpose, the Parties shall, by separate protocol, regulate the procedures for the issuance of water law acts (licenses, permits and confirmations) for installations and activities that may have a transboundary impact on the integrity of the water regime.
Article 9 - No harm rule
The Parties shall, in utilizing waters of the Sava River Basin in their territories, cooperate and take all appropriate measures to prevent causing significant harm to other Party(ies).
Part Three - Areas of co-operation
[Omitted: Article 10 - Regime of navigation]
Article 11 - Sustainable water management
The Parties agree to cooperate on management of the waters of the Sava River Basin in a sustainable manner, which includes integrated management of surface and groundwater resources, in a manner that shall provide for:
(a) Water in sufficient quantity and of appropriate quality for the preservation, protection and improvement of aquatic eco-systems (including flora and fauna and eco-systems of natural ponds and wetlands);
(b) Waters in sufficient quantity and of appropriate quality for navigation and other kinds of use/utilization;
(c) Protection against detrimental effects of water (flooding, excessive groundwater, erosion and ice hazards);
(d) Resolution of conflicts of interest caused by different uses and utilizations; and
(e) Effective control of the water regime.
Article 12 - The Sava River Basin Management Plan
1. The Parties agree to develop joint and/or integrated Plan on the management of the water resources of the Sava River Basin and to cooperate on its preparatory activities.
2. The Sava River Basin Management Plan shall be adopted by the Parties on the proposal of the International Sava River Basin Commission.
3. Cooperation stated in Paragraph 1of this Article shall be coordinated with activities of the ICPDR.
4. All issues concerning the preparation and realization of the Sava River Basin Management Plan may be regulated with separate protocols.
Article 13 - Extraordinary impacts on the water regime
1. The Parties shall establish a coordinated or joint system of measures, activities, warnings and alarms in the Sava River Basin for extraordinary impacts on the water regime, such as sudden and accidental pollution, discharge of artificial accumulations and retentions caused by collapsing or inappropriate handling, flood, ice, drought, water shortage, and obstruction of navigation.
2. In realization of the obligation in paragraph 1 of this Article, the Parties shall act in accordance with activities undertaken in the framework of The Convention for Protection and Sustainable Use of Danube River and in the scope of the procedures agreed within the ICPDR.
Part Four - Mechanisms of co-operation
Article 14 - Meeting of the Parties
1. The first Meeting of the Parties shall be convened no later than one year after the date of entry into force of this Agreement. Thereafter, an ordinary Meeting of the Parties shall be held at least once every two years, unless otherwise decided by the Parties, or at the written request of any Party.
2. At their Meetings, the Parties shall keep under continuous review the implementation of this Agreement on the basis of reports of the International Sava River Basin Commission, and shall:
(a) Review the work and operations of the International Sava River Basin Commission and make decisions based on its recommendations;
(b) Consider and adopt proposals for protocols and amendments to this agreement; and
(c) Consider and undertake any additional action that may be required for the achievement of the purposes of this Agreement.
3. All decisions of the Meeting of the Parties shall be made by consensus.
Article 15 - International Sava River Basin Commission
1. For the implementation of this Agreement, the Parties shall establish the International Sava River Basin Commission (hereinafter: Sava Commission).
2. The Sava Commission shall have the international legal capacity necessary for the exercise of its functions.
[Omitted: Article 16 - Functions of the Sava Commission, Article 17 - Financing the Sava Commission, Article 18 - Secretariat, Article 19 - Seat of the Sava Commission, Article 20 - Statute]
Article 21 - Monitoring implementation of the Agreement
1. The Parties agree to establish a methodology of permanent monitoring of implementation of the Agreement and activities based upon it.
2. The implementation monitoring methodology will include timely provision of information to stakeholders and the general public by the authorities responsible for implementation of the Agreement.
3. The Parties shall establish an implementation monitoring methodology within two years after the Agreement has entered into force.
Part Five - Dispute settlement
Article 22 - General provisions
1. If a dispute arises between two or more Parties about the interpretation or implementation of this Agreement, they shall seek a solution by negotiation.
2. If the concerned parties are unable to resolve the dispute through negotiation, upon the request of one of the concerned parties, they may jointly seek good services, mediation or conciliation from a third party, or they may agree to refer the dispute to arbitrage in accordance with Annex II of this Agreement, or to the International Court of Justice.
3. If, within six months from submitting a request as stated in Paragraph 2 of this Article, the concerned parties are unable to resolve the dispute through negotiation, good services, mediation or conciliation, any Party concerned may request that an independent fact-finding expert committee be established.
[Omitted: Article 23 - Fact-finding expert committee, Article 24 - Role of the Fact-finding expert committee]
Part Six - Final Provisions
[Omitted: Article 25 - Annexes, Article 26 - Amendments to the Agreement, Article 27 - Reservation, Article 28 - Duration and entering into force, Article 29 - Other agreements]
Article 30 - Protocols
1. In implementing this Agreement, the Parties shall, in addition to the protocols referred to in other provisions of this Agreement, conclude other protocols for regulating:
(a) Protection against flood, excessive groundwater, erosion, ice hazards, drought and water shortages;
(b) Water use/utilization;
(c) Exploitation of stone, sand, gravel and clay;
(d) Protection and improvement of water quality and quantity;
(e) Protection of aquatic eco-systems;
(g) Emergency situations.
2. The Parties may agree to conclude other protocols necessary for the implementation of this Agreement.
[Omitted: Article 31 - Termination and withdrawal, Article 32 - International borders, Article 33 - Depositary]
[Omitted: Annex I - Statute of the International Sava River Basin Commission, Annex II - Dispute settlement by arbitrage]
The "Contracting States";
Conscious of Lake Tanganyika's unique aquatic and other biological diversity and of the Lake's significance for the development of the riparian States;
Recognizing that Lake Tanganyika is a shared heritage of the riparian States;
Conscious of the threats to the Lake Basin as a result of pollution, sedimentation, over-fishing and other adverse impacts of human activities within the territories of the Contracting States;
Reaffirming that in accordance with principles of international law States have the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies and the responsibility to ensure that activities within their jurisdictions or control do not cause damage to the environment of other States;
Reaffirming further that the conservation of biological diversity is a common concern of humankind and that States are responsible for conserving their biological diversity and for using their biological resources in a sustainable manner;
Recognizing that the riparian States share a common interest in the conservation and equitable utilization of the resources of Lake Tanganyika;
Recognizing that integrated management of the Lake Basin by the Contracting States is essential to ensure its conservation and the sustainable use of its natural resources and to optimize the benefits derived from it by the Contracting States;
Recognizing the necessity of establishing a sustainable legal and institutional framework for co-operative management of the Lake by the Contracting States and the contribution that this would make to strengthening relations between them and to promoting development in the region;
Recalling the principles enunciated in the Declaration on Environment and Development adopted by the United Nations Conference on Environment and Development in 1992, the 1992 Convention on Biological Diversity, and international and regional agreements and instruments relating to shared watercourses;
Have agreed as follows:
Article 1 - Use of terms
For the purposes of the present Convention:
"Adverse impact" means any actual or potential detrimental effect on the Lake's environment and any actual or potential consequential detrimental effect on legitimate uses of the Lake, on the health of the people of a Contracting State or on their ability to provide for their health, safety and cultural and economic well-being, that results directly or indirectly from human conduct originating wholly or partly within the territory of a Contracting State or from a vessel or aircraft under its jurisdiction or control, beyond that which is negligible or which has been assessed and determined to be acceptable under this Convention and under any subsequent protocols;
"Authority" means the Lake Tanganyika Authority established under Article 23;
"Basin" means the geographical area bounded by the watershed limits of Lake Tanganyika.
"Bio-chemicals" means unimproved or unmodified chemical compounds, other than deoxyribonucleic acids or ribonucleic acids, formed by the metabolic processes of a living organism.
"Biological diversity" means the variability among living organisms from all sources, including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;
"Conference of Ministers" means the Conference of Ministers established by Article 24;
"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit;
"Environment" includes, but is not limited to, the whole or any component of:
(a) nature, which includes air, water, land, including soils and minerals, energy and living organisms;
(b) the interaction between the components of nature and between those components and humans; and
(c) physical, esthetic and cultural qualities or conditions that affect the health and well-being of people;
"Executive Director" means the chief executive and legal representative of the Authority appointed according to Article 26.
"Lake Basin" means the whole or any component of the aquatic environment of Lake Tanganyika and those ecosystems and aspects of the environment that are associated with, affect or are dependent on, the aquatic environment of Lake Tanganyika, including the system of surface waters and groundwaters that flow into the Lake from the Contracting States and the land submerged by these waters.
"Lake Tanganyika" means the water-body known as Lake Tanganyika.
"Management Committee" means the Management Committee of the Authority described in Article 25;
"Natural resources" mean any naturally occurring living or non-living component of the environment of actual or potential use or value to humanity, including: air, land, water, soils, minerals, energy, genetic resources, bio-chemicals, organisms or parts of organisms, populations and other biotic components of an ecosystem;
"Operator" means any person, association, public or private body, whether corporate or not, including the State and any of its entities which exercises control over dangerous activities; and dangerous activity means any activity listed in Annex II.
"Pollution" means the introduction by humans, directly or indirectly, of substances or energy into the Lake Basin, which results or is likely to result, in hazards to human health, harm to living organisms and ecosystems, damage to amenities or interference with legitimate uses of the Lake, including fishing and navigation;
"Secretariat" means the Secretariat of the Authority described in Article 26;
"Trans-boundary adverse impact" means any adverse impact that extends beyond the territory of the Contracting State in which the physical origin of the adverse impact is situated.
Article 2 - Objective
1. The objective of the present Convention is to ensure the protection and conservation of the biological diversity and the sustainable use of the natural resources of Lake Tanganyika and its Basin by the Contracting States on the basis of integrated and co-operative management.
2. In order to achieve this objective, the Contracting States:
(a) co-operate in the development and implementation of harmonized laws and standards concerning the management of Lake Tanganyika and its Basin; and
(b) accord particular attention to ensuring that present and future communities living near the Lake benefit from the sustainable use of the Lake's natural resources and amenities.
Article 3 - Jurisdictional scope
The present Convention applies to Lake Tanganyika and to its Basin in the Contracting States as well as to all human activities, aircraft and vessels under the control of a Contracting State to the extent that these activities or the operation of such aircraft or vessels result or are likely to result in an adverse impact.
Article 4 - Co-operation
1. The Contracting States shall co-operate in good faith in the management of Lake Tanganyika and its Basin in a manner that most effectively promotes the attainment of the objective referred to in Article 2 paragraph 1, and that gives effect to the general principles set out in Article 5.
2. Such co-operation shall include:
(a) planning and managing activities under the jurisdiction or control of a Contracting State which have an adverse impact or which may have an adverse impact on the Lake and its Basin;
(b) supporting the activities and building the capacity of the institutions established under this Convention;
(c) formulating and adopting protocols to this Convention as stipulated in Article 34;
(d) exchanging information concerning the state of the Lake Basin, the results of the monitoring of activities in the Lake Basin that may affect its environment, and experience concerning the protection, sustainable use and management of Lake Tanganyika;
(e) the other Contracting States informed of planned and on-going activities that have or are likely to have an adverse impact on the Lake and its Basin;
(f) engaging in joint research; and
(g) implementing this Convention.
Article 5 - General principles
1. Lake Tanganyika and any related installations, facilities and works shall be used exclusively for peaceful purposes in accordance with the Charter of the United Nations and shall not be violated even in time of international or internal armed conflicts.
2. The natural resources of Lake Tanganyika shall be protected, conserved, managed, and used for sustainable development to meet the needs of present and future generations in an equitable manner.
To this end the following principles shall be applied.
(a) The precautionary principle, by virtue of which preventive measures are to be taken when there are reasonable grounds for concern that an actual or planned activity within the territory or under the jurisdiction and control of a Contracting State may bring about an adverse impact, even if there is no conclusive scientific evidence of a causal relationship between the activity and the adverse impact.
(b) The polluter pays principle, by virtue of which the costs of pollution prevention, control and reduction measures are to be borne by the polluter.
(c) The principle of preventive action, by virtue of which action shall be taken to prevent adverse impacts arising by taking timely action to address the actual or potential causes of the adverse impacts.
(d) The principle of participation by virtue of which concerned and affected natural and legal persons and Lake Basin communities must be given the opportunity to participate, at the appropriate level, in decision-making and management processes that affect the Lake Basin and are given appropriate access to information concerning the environment that is held by public authorities and effective access to judicial and administrative proceedings to enable them to exercise their rights effectively.
(e) The principle of fair and equitable benefit sharing by virtue of which local communities are entitled to share in the benefits derived from local natural resources.
Article 6 - Prevention and minimisation of transboundary adverse impacts
1. The Contracting States shall ensure that activities within their jurisdiction or control do not cause trans-boundary adverse impacts.
2. The Contracting States shall take appropriate measures to address the causes or potential causes of adverse impacts within their jurisdiction or control, to prevent adverse impacts and to mitigate those adverse impacts that cannot be prevented, and thereby reduce the risk and magnitude of trans-boundary adverse impacts.
[Omitted: Article 7 - Fisheries management]
Article 8 - Prevention and control of pollution
1. The Contracting States shall, as a matter of priority, take appropriate measures to prevent and reduce pollution of Lake Tanganyika and its environment arising from activities within their jurisdiction or control.
2. In particular, each Contracting State shall:
(a) to the extent possible, construct and maintain installations within their territory to reduce the risk of pollution of the Lake and its environment;
(c) develop, adopt, implement and enforce appropriate legal, administrative and technical measures to prevent, control, monitor and reduce pollution:
(i) from both point and non-point sources;
(iii) from the manufacture, handling, transportation, use and disposal of toxic or hazardous materials in the Lake Basin.
3. The Contracting States shall develop and adopt a protocol to this Convention specifying the minimum measures and standards to be adopted by each Contracting State in order to ensure the harmonized implementation of pollution prevention and mitigation measures to protect human health and achieve a high level of protection for the Lake Basin.
[Omitted: Article 9 - Prevention of sedimentation, Article 10 - Conservation of biological diversity, Article 11 - Access to genetic resources, Article 12 -Navigation]
Article 13 - Strategic action program
1. The Contracting States shall collaborate in the preparation and implementation of a strategic action program to give effect to the measures set out in this Convention.
2. The strategic action program shall include specific aims directed at achieving the objective of this Convention, strategies for achieving these aims, specific measures to be taken by the Contracting States separately or jointly to achieve these aims and details of the means to be used to monitor progress toward the achievement of these aims.
3. The Contracting States shall monitor the effectiveness of the strategic action program and shall revise it as necessary.
4. The Contracting States shall ensure that the measures contained in the strategic action program are integrated into relevant national policies, strategies, programs and plans.
Article 14 - Prior notification
1. The Contracting State or States under whose jurisdiction or control a proposed activity listed in Part A of Annex I is planned to take place or a public policy, plan or program that is likely to give rise to trans-boundary adverse impacts has been prepared, shall notify the Secretariat as early as possible which shall notify the other Contracting States without delay.
2. The notification shall contain information on the proposed activity, program or policy, including any available information on its possible trans-boundary adverse impacts and effects.
3. Any Contracting State that considers that it should have received prior notification under this article of a proposed activity, public policy, plan or program under the jurisdiction of another Contracting State, shall request the Secretariat to intercede on its behalf with that Contracting State.
4. The Contracting States undertake to define activities that shall require simple notification and activities that shall require prior informed consent and the modalities of notification in a Protocol to the present Convention.
Article 15 - Environmental impact assessment
1. Each Contracting State, in order to avoid and minimize adverse impacts, shall:
(a) adopt and implement appropriate legal, administrative and other measures requiring an assessment to be conducted of the environmental impacts of proposed projects and of activities within its jurisdiction or control, that are likely to give rise to adverse impacts;
(b) adopt and implement appropriate legal and administrative procedures and institutional arrangements to ensure that when public policies, plans and programs are being developed and implemented, the consequences for the Lake Basin are taken into account including any comments received from other Contracting States;
(c) monitor compliance with and enforce any conditions in development consents or other authorizations that were imposed for the purpose of protecting the Lake Basin.
2. The Contracting State within whose jurisdiction a proposed activity listed in Part A of Annex I is planned to take place, shall ensure that the environmental impact assessment procedure results in the production of documentation conforming with Part B of Annex I.
3. A Contracting State that may be affected by a proposed activity listed in Part A of Annex I shall, at the request of a Contracting State under whose jurisdiction the proposed activity is planned to take place, promptly provide the latter through the Secretariat, with all information relevant to the assessment of the potential trans-boundary adverse impacts within the jurisdiction of the affected Contracting State as is reasonably obtainable.
4. The Contracting State or States under whose jurisdiction a proposed activity is planned to take place shall, after completion of the environmental impact assessment documentation, consult with the other Contracting States and the Secretariat on measures to prevent, reduce or eliminate trans-boundary and other impacts including any post-project monitoring and analysis that may be required. At the commencement of the consultation the Contracting States shall agree a reasonable time-table for the duration of the consultation period.
5. The Contracting States shall ensure that in reaching the final decision on the proposed activity, due account is taken of the outcome of the environmental impact assessment procedure, including the environmental impact assessment documentation, comments on it and objections to it and the consultations under this article. The Contracting State under whose jurisdiction the final decision is made shall provide the Secretariat with a copy of the final decision.
6. If after an activity has been authorized in accordance with this article, the Secretariat or a Contracting State obtains additional information on the trans-boundary adverse impact of the activity which was not available at the time the decision was made and which could have materially affected the decision, this information shall be communicated immediately to the other Contracting States through the Secretariat and the Contracting States shall consult to decide whether or not the decision should be reviewed or additional measures taken to reduce or eliminate the impact.
7. The Contracting States shall co-operate in the development of technical, legal and other measures concerning joint trans-boundary environmental impact procedures.
Article 16 - Education and public awareness
Each Contracting State shall:
(a) promote and encourage public awareness of the importance of the ecosystem of Lake Tanganyika and its environment;
(b) elaborate and implement a program of education and public awareness of the lake Basin population through all possible means in respect of the importance of the biological diversity of the Lake Basin and its management for sustainable development;
(c) develop a sense of awareness in the Lake Basin population that they are an integral part of the Lake Basin.
Article 17 - Public participation in decision making processes
1. Each Contracting State shall adopt and implement legal, administrative and other appropriate measures to ensure that the public, and in particular those individuals and communities living within the Lake Basin:
(a) have the right to participate at the appropriate level, in decision-making processes that affect the Lake Basin or their livelihoods, including participation in the procedure for assessing the environmental impacts of projects or activities that are likely to result in adverse impacts; and
(b) are given the opportunity to make oral or written representations before a final decision is taken.
2. Each Contracting State shall ensure that appeal or review procedures exist in respect of any decision by a public body to authorize an activity that is likely to give rise to an adverse impact.
Article 18 - Accidents and emergencies
1. If an accident or emergency arises within the territory of a Contracting State that causes or is likely to cause an adverse impact, the Contracting State concerned shall take necessary measures to control or reduce the negative impact and immediately notify the Secretariat that shall in turn notify the other Contracting States as soon as possible.
2. The Contracting States shall establish coordinated or joint warning and emergency response plans to reduce the risk of adverse impacts and to deal effectively with potential accidents and emergencies that are likely to cause adverse impacts, including humanitarian emergencies, major pollution incidents and shipping accidents.
Article 19 - Public access to information
1. The Contracting States shall ensure that, subject to Article 20, adequate information is made available to the public concerning the state of the Lake Basin, planned development activities, measures taken or planned to be taken to prevent, control and reduce adverse impacts, and the effectiveness of those measures. For this purpose each Contracting State shall ensure that information is made available to the public on the following:
(b) the results of monitoring compliance with permits and the attainment of water and environmental quality objectives;
(c) any notifications received by that Contracting State under Article 14 concerning proposed activities listed in Part A of Annex I;
(d) reports on the environmental impact assessment of any of the proposed activities listed in Part A of Annex I.
2. The Contracting States shall ensure that any information referred to in paragraph 1 that is held by a public body is available to the public for inspection at all reasonable times free of charge and shall provide members of the public with facilities for obtaining, on payment of reasonable charges, copies of such information.
Article 20 - Exchange of information
1. The Contracting States shall exchange through the Secretariat data and information concerning the sustainable management of the Lake Basin and the implementation of this Convention, as is available including inter alia data and information on:
(a) the state of the Lake Basin and its biological diversity, in particular monitoring data and information of a hydrological, hydro-geological, meteorological and ecological nature and related to water quality, as well as related forecasts;
(b) the results of research relevant to the management of the Lake Basin;
(c) legal, administrative and other measures taken and planned to be taken to prevent, control and reduce adverse impacts;
(d) accidents and emergencies that have given or are likely to give rise to adverse impacts;
(e) actions taken to monitor, control and enforce legal provisions or administrative measures used to give effect to this Convention, including any conditions imposed on activities listed in Part A of Annex I that were imposed for the purpose of protecting the Lake Basin, and any fisheries conservation and management measures.
2. If a Contracting State is requested by any other Contracting State or by the Secretariat to provide data or information that is not readily available, the former shall employ its best efforts to comply with the request.
[Omitted: Article 21 - Protection of confidential information]
Article 22 - Reporting
1. Each Contracting State shall report periodically to the Authority on measures that it has taken to implement this Convention and on the effectiveness of these measures in meeting the objective of this Convention and on any other matters determined by a decision of the Conference of Ministers. These reports shall include in particular:
(a) information on the laws and administrative procedures of the Contracting State regulating, or relevant to the prevention, control and reduction of adverse impacts;
(b) legal, administrative and other measures taken relating to the assessment of the environmental impact of proposed activities and measures to give effect to the obligations envisaged in Article 15;
(c) information on the state of the Lake Basin within the territory of the Contracting State; and
(d) measures taken to implement the provisions of this Convention or to further the attainment of its objective.
2. The Secretariat shall submit recommendations to the Contracting States regarding the reports that are required for the effective implementation of this Convention, the information to be included in the reports, the frequency with which they should be submitted and how reporting should be done, for consideration by the Contracting States at the second meeting of the Conference of Ministers and at subsequent meetings.
Article 23 - Lake Tanganyika Authority
1. The Contracting States hereby establish the Lake Tanganyika Authority, hereinafter referred to as "the Authority".
2. The organs of the Authority are: the Conference of Ministers, the Management Committee and the Secretariat.
3. The function of the Authority is to co-ordinate the implementation of the present Convention by the Contracting States and, in accordance with this Convention and the decisions of the Conference of Ministers, to advance and represent the common interests of the Contracting States in matters concerning the management of Lake Tanganyika and its Basin.
4. The Authority shall have international legal personality and such legal capacity as may be necessary to perform its functions and mission.
5. The Headquarters of the Authority shall be at the place, within the territory of any of the Contracting States, designated by the Conference of Ministers. The Authority shall enter into a headquarters agreement approved by the Conference of Ministers with the Host State.
6. The Authority may with the approval of the Conference of Ministers establish regional offices within the territory of any of the Contracting States.
7. Each Contracting State shall, having regard to the diplomatic rules governing international organizations, grant to the Authority and its property, funds and assets, the privileges, immunities and facilities that it needs to carry out its activities; and the members of the Management Committee and of the Secretariat the privileges, immunities and facilities that they need to perform their official functions.
Article 24 - The Conference of Ministers
1. The Conference of Ministers is the supreme body of the Authority.
[Omitted: Article 25 - The Management Committee, Article 26 - The Secretariat, Article 27 - Technical Committees, Article 28 - Financial resources, Article 29 - Settlement of disputes]
Article 30 - Liability of Operators of dangerous activities
1. Each Contracting State shall ensure that each Operator that undertakes on its territory one or more of the activities listed in Annex II:
(a) is regularly monitored to ensure that such activities comply with applicable laws and administrative requirements concerning the protection of the Lake environment;
(b) is required to participate in a financial security scheme or to have and maintain a financial guarantee up to a certain limit, of a type and on terms specified by the domestic laws of that State, to cover liability under this Convention;
(c) is bound by the provisions of this article.
2. An Operator undertaking a dangerous activity shall take necessary and timely response action, including prevention, containment, clean up and removal measures, if the activity results in or threatens to result in an adverse impact. The Operator shall notify the Secretariat of action taken pursuant to this paragraph and the Secretariat shall circulate the notification to all the Contracting States.
3. An Operator shall be strictly liable for:
(a) any adverse impacts arising from its dangerous activities, and shall be liable to pay compensation;
(b) loss of or impairment to any legitimate use of the Lake such as navigation, tourism, or fishing, arising directly from an adverse impact referred to in paragraph (a);
(c) loss of or damage to the property of a third party or loss of life of or personal injury to a third party arising directly from an adverse impact referred to in paragraph (a); and
(d) reimbursement of reasonable costs incurred by any person relating to any necessary response action, including prevention, containment, clean up, removal measures and action taken to restore the Lake's environment.
4. An Operator shall not be liable pursuant to paragraph 4[sic] if and to the extent that it proves that the adverse impact has been caused by:
(a) a natural disaster which could not reasonably have been foreseen; or
(b) armed conflict or an act of terrorism directed against the activities of the Operator, against which no reasonable precautionary measures could have been effective.
5. If an Operator proves that the adverse impact has been caused wholly or in part by an intentional or grossly negligent act or omission of the party seeking redress, that Operator may be relieved wholly or in part from its obligation under paragraph 4[sic] to reimburse costs incurred by such a party or to pay compensation in respect of any loss, damage or personal injury suffered by such a party.
6. The Contracting States may elaborate in a separate protocol further rules and procedures in respect of liability under this article, which rules and procedures shall be designed to enhance the protection of the Lake Basin and to facilitate the effective implementation of this Convention.
Article 31 - Liability and compensation
1. A Contracting State shall be liable in accordance with international law for any trans-boundary adverse impacts arising from its failure to fulfill its obligations under this Convention, including any failure to fulfill its obligations under paragraph 1 of Article 30 of this Convention with respect to an Operator.
Article 32 - Access to courts
1. Each Contracting State shall grant any person claiming compensation or other relief arising from an adverse impact caused by activities carried out within its territory, including claims made pursuant to paragraph 4 of Article 30, access to legal remedies in accordance with its legal system.
2. In granting the rights and access referred to in paragraph 1 a Contracting State shall not discriminate on the basis of nationality, residence, or place where the injury occurred.
Article 33 - Right to vote
Each Contracting State to this Convention or to any protocol shall have one vote.
Article 34 - Protocols to this Convention
1. The Contracting States shall co-operate in the formulation and adoption of any protocols to this Convention that they consider appropriate to further the attainment of the objective of this Convention.
2. Protocols shall be adopted at a meeting of the Conference of Ministers.
Article 35 - Annexes
1. The annexes to this Convention or to any protocol form an integral part of this Convention or the protocol to which it is annexed and, unless expressly provided otherwise, a reference to this Convention or to a protocol refers also to any annexes to that instrument.
2. Except as otherwise provided in any protocol, annexes to this Convention or to any protocol shall be proposed and adopted according to the procedure laid down in Article 34.
[Omitted: Article 36 - Amendment of the Convention or Protocols, Article 37 - Relationship with other international agreements, Article 38 - Relationship with national laws, Article 39 - Signature, Article 40 - Ratification, acceptance, approval or accession, Article 41 - Entry into force, Article 42 - Reservations, Article 43 - Withdrawals, Article 44 - Depositaries]
Annex I - Environmental impact assessment
Part A: List of activities that will be presumed to result in adverse impacts
1. Exploration for, the extraction of, and large-scale transportation of hydrocarbons in the Lake and its Basin.
2. The construction and operation of crude oil refineries in the Lake Basin.
3. The construction and operation of major storage facilities for petroleum, petrochemical and chemical products in the Lake Basin.
5. Major mining operations and the on-site extraction and processing of metal ores or coal in the Lake Basin.
7. The construction and operation of waste-disposal installations for the incineration, chemical treatment or landfill of toxic and dangerous wastes within the Lake Basin.
10. The opening up of large forested areas within the Lake Basin to development.
11. The conversion or destruction of large areas of wetland forming part of the Lake Basin.
12. The development of large-scale aquaculture or fish farming operations that use surface or groundwater from the Lake Basin, or that are situated within the Lake Basin and involve the culturing of species that are not indigenous to the Lake.
15. Any activity within or outside the Lake Basin which, by virtue of its scale, location, nature, or potential effects, is likely to create a significant risk of serious adverse impacts or trans-boundary adverse impacts.
Part B: Minimum content of Environmental Impact Assessment documentation
Environmental Impact Assessment Documentation required under Article 15 paragraph 2(b) shall contain the following information as a minimum.
1. A description of the proposed activity and its purpose.
2. A description, where appropriate, of reasonable alternatives and also of the no-action alternative.
3. A description of the environment likely to be significantly affected by the proposed activity and its alternatives.
4. A description of the potential environmental impacts of the proposed activity and its alternatives and an evaluation of the significance of these impacts.
5. A description of prevention and mitigation measures to keep adverse impacts to a minimum (for all alternatives).
6. An analysis of the alternatives, including a comparison of the expected environmental impacts of each option after all mitigating actions have been implemented, and a selection of the preferred alternative.
7. A comprehensive mitigation plan in relation to the preferred alternative, which should contain a description of the mitigation measures to be implemented that would prevent, reduce or otherwise manage the adverse impacts of the proposed activity including an outline of monitoring and management program, post project analysis and community liaison procedures.
8. The results of any consultations with the public, interested and affected persons, communities, organizations, and government agencies in the course of conducting the environmental impact assessment.
9. An explicit indication of the predictive methods employed and underlying assumptions made as well as the relevant environmental data used.
10. An identification of gaps in knowledge and uncertainties encountered in compiling the required information.
11. A non-technical summary with visual aids, such as maps, graphs, tables and figures, as appropriate, that is suitable for explaining the findings of the assessment to the public.
Annex II - List of activities dangerous to the lake basin
For the purposes of this Annex the term "dangerous substance" means a substance or preparation which has properties which constitute a significant risk for humans, the environment or property, including a substance or preparation which is radioactive, ionizing, explosive, oxidizing, extremely flammable, highly flammable, flammable, very toxic, toxic, harmful, corrosive, irritant, sensitizing, carcinogenic, mutagenic, toxic for human or animal reproduction or dangerous for the environment.
1. Prospecting for, and exploiting hydrocarbons within Lake Tanganyika and its Basin.
2. The production, handling, storage, use or discharge into the Lake Basin of a dangerous substance in such a manner, or in such quantities and/or concentrations that a significant risk of serious damage to the Lake's environment is created.
[Omitted: Annex III - Fact finding commissions, Annex IV - Arbitration, Annex V - Interim mechanisms for the management of Lake Tanganyika]
Whereas the Republic of Kenya, Republic of Uganda and the United Republic of Tanzania (hereinafter referred to as the Partner States) enjoy close historical, commercial, industrial, cultural and other ties and have signed a Treaty for the Establishment of the East African Community on 30th November 1999;
Recognising the need for increased investment in the field of energy, transport, communications, infrastructure, tourism, agriculture, fisheries, livestock, forestry, mining and other areas of social and economic endeavour to spur development and eradicate poverty in the Lake Victoria Basin;
And whereas the Partner States recognise in the Treaty that development activities may have negative impacts on the environment leading to degradation of the environment and depletion of natural resources and that a clean and healthy environment is a prerequisite for sustainable development;
Recognising that water is a finite and vulnerable resource essential to sustain life, development and the environment and must be managed in an integrated and holistic manner; linking social and economic development with protection and conservation of natural ecosystems;
Recognising that water is an economic good having social and economic value, whose utilisation should give priority to its most economic use taking cognisance of basic human needs and the safeguarding of ecosystems;
Recognising further that the Treaty obliges the Partner States to cooperate in relation to Lake Victoria Basin in a co-ordinated and sustainable manner and that the Partner States have agreed to negotiate as a bloc on issues relating to the basin;
Recognising the need to develop and implement measures to enhance safety of life, navigation and preservation of aquatic environment on the Lake Victoria Basin; and
Aware that Partner States have designated the Lake Victoria Basin as an economic growth zone, established a Sectoral Council and agreed to establish a body for the management of Lake Victoria;
Article 1 - Definitions
1. Unless the context otherwise requires, the terms used in this Protocol shall have the same meaning as ascribed to them in the Treaty for the Establishment of the East African Community.
2. Without prejudice to paragraph 1 of this Article:
"Basin" means the Lake Victoria Basin;
"Commission" means the Lake Victoria Basin Commission established under Article 33 of this Protocol.
"Community" means the East African Community established under the Treaty for the Establishment of the East African Community signed at Arusha on 30th November 1999;
"Council" means the Council of Ministers of the East African Community;
"Emergency" means a situation that causes or poses an imminent threat of causing serious harm to a Partner State or other States and that results suddenly from natural causes, such as floods, droughts, landslides or earthquakes, or from human conduct, such as industrial accidents or inland water transport accidents;
"Lake" means Lake Victoria;
"Lake Victoria Basin" means that geographical area extending within the territories of the Partner States determined by the watershed limits of the system of waters, including surface and underground waters flowing into Lake Victoria;
"Navigation" means a nautical art or science of conducting a vessel from one place to another;
"Nile River Basin" means that geographical area extending across the territories of various States drained by the River Nile and its tributaries and determined by the watershed limits of the system of waters, including surface and underground waters flowing into the river Nile system and eventually into the Mediterranean Sea;
"Partner States" means the parties to the Treaty for the Establishment of the East Africa Community namely, the Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania;
"Partnership Agreement" means the agreement signed between the East African Community and the Development Partners interested in promoting sustainable development of Lake Victoria Basin signed on 24th April 2001;
"Secretary General" means the Secretary General of the East African Community;
"Secretariat" means the Secretariat of the East African Community;
"Stakeholder" means all persons, legal or natural and all other entities being governmental or non-governmental, residing, having interest or conducting business in the Basin;
"Sustainable Development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs;
"Sustainable Utilisation" means use of resources by present generation, which does not impair the right of future generations to use the same to meet their needs;
"Treaty" means the Treaty for the Establishment of the East African Community signed at Arusha on 30th November 1999;
"Water Resources" means all forms of water on the surface and in the ground including the living and non-living resources therein.
[Omitted: Article 2 - Application of the Protocol]
Article 3 - Scope of co-operation
The Partner States have agreed to cooperate in the areas as they relate to the conservation and sustainable utilisation of the resources of the Basin including the following:
(a) sustainable development, management and equitable utilisation of water resources;
(c) promotion of sustainable agricultural and land use practices including irrigation;
(d) promotion of sustainable development and management of forestry resources;
(e) promotion of development and management of wetlands;
(k) environmental protection and management of the Basin;
(l) promotion of public participation in planning and decision-making;
Article 4 - Principles
1. The Partner States shall manage the resources of the Basin in accordance with the principles set out in Articles, 5, 6, 7 and 8 and other provisions of the Treaty.
2. Without prejudice to the generality of paragraph 1 of this Article, the management of the resources of the Basin shall be guided by the following principles:
(a) the principle of equitable and reasonable utilisation of water resources;
(b) the principle of sustainable development;
(c) the principle of prevention to cause harm to members whereby Partner States shall individually and jointly take all appropriate measures to prevent environmental harm rather than attempting to repair it after it has occurred;
(d) the principle of prior notification concerning planned measures whereby each of the Partner States shall notify other Partner States of planned activities within it's [sic] territory that may have adverse affects upon those other States;
(e) the principle of Environmental Impact Assessment and Audit;
(f) the precautionary principle whereby each Partner State shall take the necessary measures to prevent environmental degradation from threats of serious or irreversible harm to the environment, despite lack of full scientific certainty regarding the nature and extent of the threat;
(g) the polluter pays' principle whereby the person that causes the pollution shall as far as possible bear any costs associated with it;
(h) the principle of public participation whereby decisions about a project or policy take into account the views of the stakeholders;
(i) the principle of prevention, minimization and control of pollution of watercourses so as to minimise adverse effects on fresh water resources and their ecosystems including fish and other aquatic species and on human health;
(j) the principle of the protection and preservation of the ecosystems of international watercourses whereby ecosystems are treated as units, all of whose components are necessary to their proper functioning and that they be protected and preserved to the extent possible;
(k) the principle of community of interests in an international watercourse whereby all States sharing an international watercourse system have an interest in the unitary whole of the system;
(l) The principle of gender equality in development and decision-making;
(m) the principle that water is a social and economic good and a finite resource; and
(n) the principle of subsidiarity.
Article 5 - Equitable and reasonable utilisation of water resources
1. The Partner States shall utilise the water resources of the Basin, their respective territories in an equitable and reasonable manner.
2. The water resources shall be used and developed by Partner States with a view to attaining optimal and sustainable utilisation thereof and benefits therefrom, taking into account the interests of the Partner States;
3. Each Partner State is entitled to an equitable and reasonable share in the beneficial uses of the water resources of the Basin consistent with the principles enumerated in Article 4 of this Protocol.
4. In ensuring that the utilisation of the Basin water resources is equitable and reasonable, the Partner States shall take into account all relevant factors and circumstances, including but not limited to the following:
(a) geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character;
(b) the social and economic needs of each Partner States;
(c) the population dependent on the water resources in each Partner State;
(d) the effects of the use or uses of the water resources in one Partner State on other Partner States;
(e) existing and potential uses of the water resources;
(f) conservation, protection, development and sustainable use of the water resources and the costs of the measures taken to that effect;
(g) the comparative costs of alternative means of satisfying the economic and social needs of each Partner State; and
(h) the availability of alternatives of comparable value to particular planned or existing use.
5. In determining what is reasonable and equitable use, all relevant factors shall be considered together and a conclusion reached on the basis of the whole. The weight of each factor shall be determined by its importance in comparison with that of other relevant factors.
6. The Partner States shall, in their respective territories, keep the status of their water utilisation under review in light of substantial changes and relevant factors and circumstances.
7. In view of the relationship between the Lake Victoria Basin and the Nile River Basin, the Partner States shall cooperate with other interested parties, regional or international bodies and programmes and in so doing, the Partner States shall negotiate as a bloc.
Article 6 - Protection and conservation of the Basin and its ecosystems
1. The Partner States shall take all appropriate measures, individually or jointly and where appropriate with participation of all stakeholders to protect, conserve and where necessary rehabilitate the Basin and its ecosystems in particular by;
(a) protecting and improving water quantity and quality within the Basin;
(c) identifying the components of and developing strategies for protecting and conserving biological diversity within the Basin;
(g) protecting and conserving wetlands within the basin;
(h) restoring and rehabilitating degraded natural resources; and
2. The Partner States shall through the institutional framework established under this Protocol, take steps to harmonise their laws and policies in relation to paragraph 1 of this Article.
Article 7 - Sustainable development of natural resources
The Partner States shall manage, develop and utilise the natural resources of the Basin in a sustainable manner.
[Omitted: Article 8 - Sustainable development and management of fisheries resources]
Article 9 - Sustainable agriculture and land use practices
The Partner States shall promote sustainable agriculture and land use practices in order to achieve food security and rational agricultural production within the Basin in accordance with the provisions of Article 105, 106, 107, 108, 109 and 110 of the Treaty.
[Omitted: Article 10 - Tourism development, Article 11 - Promotion of trade, commerce and industry]
Article 12 - Environmental impact assessment
1. The Partner States shall develop national laws and regulations requiring developers of projects to undertake environmental impact assessment of planned activities, which are likely to have a significant impact on the resources of the Basin.
2. The Significance of the impact under paragraph 1 of this Article shall be determined in accordance with the procedures and guidelines developed through a process of public participation by the Secretariat, and approved by the Council.
3. Where pursuant to an environmental impact assessment, a Partner State determines that a project is likely to have a significant transboundary effect on the resources of the Basin; such a State shall avail to other Partner States and the Secretariat, the environmental impact statement for comments.
4. In determining whether to approve an environmental impact statement for a project with transboundary effects, the Partner State in whose jurisdiction the project is proposed, shall take into account the comments of the other Partner States.
6.[sic] A Partner State, whose views on the environmental impact statement or report are not taken into account, may invoke the dispute settlement procedure under Article 46 of this Protocol by notifying the Partner State and the Secretariat of its intention.
Article 13 - Prior notification concerning planned measures
1. A Partner State shall notify other Partner States and the Secretariat of planned activities within its territory that may have adverse effects upon those other Partner States.
2. The notifying Partner State shall provide technical data and information concerning the planned project to enable the notified Partner States to evaluate the effects of the planned measures.
3. The notification shall be followed by consultation among the Partner States in respect of the planned measures.
4. The notifying Partner State all take into account the interest of the other Partner States in developing the planned measures.
Article 14 - Environmental audits
1. The Partner States shall adopt policies, laws and regulations within their respective jurisdiction to guide the operators of facilities likely to have a significant impact on the environment in undertaking environmental audits of existing activities.
2. The policies, laws and regulations under Paragraph 1 of this Article shall be developed in accordance with the guidelines developed through a process of public participation by the Secretariat and adopted by the Council.
3. The Partner States shall harmonise their laws and regulations to conform to the guidelines formulated by the Community.
Article 15 - Prevention of significant harm to neighbours
1. A Partner State shall, when utilizing the resources of the Basin in its jurisdiction, take all appropriate measures to prevent significant environmental harm to other Partner States.
2. A Partner State shall, in utilizing the natural resources of the Basin take into account the vital economic, social and cultural interest of other Partner States.
Article 16 - Monitoring and precautionary measures
1. Each Partner State shall, within its jurisdiction, monitor activities and natural phenomena with a view to determining the potential risk they pose to the resources of the Basin and its people.
2. The Partner States shall adopt standardized equipment and methods of monitoring natural phenomena.
3. Where there is a threat to the environment, the Partner States shall undertake such precautionary and pre-emptive measures as may be necessary in the circumstances.
Article 17 - Application of the "polluter pays" principle
1. The Partner States shall take necessary legal, social and economic measures to ensure that a polluter pays as near as possible the cost of the pollution resulting from their activities.
2. The costs recovered from the polluter shall be used for clean up operations and restoration by that Partner State.
Article 18 - Application of the "user pays" principle
1. The Partner States shall, jointly or individually, put in place measures for recovery of costs for the large-scale uses of the water resources of the Basin.
2. The costs recovered from the user by each Partner State shall be used by that Partner State in meeting costs of management, operations and restoration in the Basin.
Article 19 - Preventing pollution at source
1. The Partner States shall:
(a) require developers of planned activities to put in place measures which prevent pollution, and where prevention is not possible, minimize pollution;
(b) put in place measures that conduce operators of existing facilities to avoid, reduce, minimize and control pollution from such facilities
(c) to develop sustainable mining and mineral and processing methods
2. The Partner States shall adopt those measures to economic realities of the Basin, including the ability of the owners of the regulated entities to afford remedial measures provided that those realities are compatible with the long-term need of sustainable development.
3. Partner States shall adopt measures to reduce municipal waste input into the Lake.
Article 20 - Prevention of pollution from non-point sources
The Partner States shall take all appropriate legal, economic and social measures to control pollution from non-point sources including promoting:
(a) sustainable forestry practices, agro-forestry, afforestation, reforestation and good pasture husbandry;
(b) appropriate agricultural land use methods, soil conservation, control and minimization of the use of agricultural chemical inputs;
(a)[sic] general land use planning and enforcement of urban planning laws;
(c)[sic] sanitation and hygiene in the Basin.
Article 21 - Public education and awareness
The Partner States shall:
(a) promote and encourage awareness of the importance of, and the measures required for, the sustainable development of the Basin; and
(b) co-operate, as appropriate, with other States and international organisations in developing educational and public awareness programmes, with respect to conservation and sustainable use of the resources of Basin.
2. To achieve the objectives set out in paragraph 1 of this Article, the Partner States shall employ various strategies including the use of the media, and the inclusion of these topics in educational programmes.
Article 22 - Public participation
The Partner States shall create an environment conducive for stakeholders' views to influence governmental decisions on project formulation and implementation.
Article 23 - Mainstreaming of gender concerns
The Partner States shall promote community involvement and mainstreaming of gender concerns at all levels of socio-economic development, especially with regard to decision-making, policy formulation and implementation of projects and programmes.
Article 24 - Exchange of data and information
1. The Partner States shall, on a regular basis, exchange readily available and relevant data and information on existing measures on the condition of the natural resources of the Basin, where possible in a form that facilitates its utilization by the Partner States to which it is communicated.
2. A Partner State that is requested by another Partner State to provide data or information which is not readily available, shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting Partner State of the reasonable costs of collecting and, where appropriate, processing such data or information.
3. The Partner States shall also provide an environment that is conducive for facilitating collaboration in research and the exchange of data, reports and information among stakeholders belonging to Partner States in the Basin through the Commission.
4. The exchange of information and data shall not extend to information protected under any law of a Partner State or an international treaty to which the Partner State is a party.
Article 25 - Water resources monitoring, surveillance and standard setting
1. The Partner States shall establish and harmonise their water quality standards.
2. The Partner States shall, in their respective territories, establish water quality and quantity monitoring and surveillance stations and water quality and quantity control laboratories.
3. The Partner States shall exchange water quality and quantity data in accordance with guidelines to be established by the Partner States.
Article 26 - Emergencies and disaster preparedness
1. A Partner State shall, without delay and by the most expeditious means available, notify other potentially affected Partner States, the Commission and competent international organizations of any emergency originating within is territory.
2. A Partner State within whose territory an emergency originates shall, in co-operation with potentially affected Partner States and, where appropriate, competent international organizations, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency.
Article 27 - Management Plans
1. Each Partner State shall;
(a) develop national strategies, plans or programmes for conservation and sustainable use of the resources of the Basin or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Protocol; including the development of infrastructure, commerce and trade, tourism, research and development; and
(b) integrate, as far as possible and as appropriate, the conservation and sustainable use of the resources of the Basin into relevant sectoral or cross-sectoral plans, programmes and policies.
2. The Commission shall develop a management plan for the conservation and the sustainable utilisation of the resources of the Basin. The management plan shall be harmonised with National Plans developed under paragraph 1 of this Article and approved by the Council.
[Omitted: Article 28 - Improvement of security, Article 29 - Infrastructure and services, Article 30 - Energy, Article 31 - Safety of navigation]
Article 32 - Prohibition of dumping of waste
The Partner States shall enact and harmonise laws and policies for:
(b) regulating the movement of hazardous wastes in the Basin.
Article 33 - Institutional framework
1. The Council of Ministers hereby establishes a body for the sustainable development and management of the Lake Victoria Basin to be known as the Lake Victoria Basin Commission.
2. The objectives of the Commission shall be to:
(a) promote equitable economic growth;
(b) promote measures aimed at eradicating poverty;
(c) promote sustainable utilisation and management of natural resources;
(d) promote the protection of the environment within the Lake Victoria Basin: and
(e) promote compliance on safety of navigation.
3. The broad functions of the Commission shall be to promote, facilitate and coordinate activities of different actors towards sustainable development and poverty eradication of the Lake Victoria Basin in the following manner;
(a) harmonisation of policies, laws, regulation and standards;
(b) promotion of stakeholders participation in sustainable development of natural resources;
(c) guidance on implementation of sectoral projects and programmes;
(d) promotion of capacity building and institutional development;
(e) promotion of security and safety on the Lake;
(f) promotion of research development and demonstration;
(g) monitoring, evaluation and compliance with policies and agreed actions;
(h) prepare and harmonise negotiating positions for the Partner States against any other State on matters concerning the Lake Victoria Basin;
(i) receive and consider reports from Partner States' institutions on their activities relating to the management of the Basin under this Protocol;
(j) initiation and promotion of programmes that target poverty eradication; and
(k) perform any other functions that may be conferred upon it under this Protocol.
Article 34 - Organizational structure
The Lake Victoria Basin Commission shall be an institution of the East African Community as provided for in the Treaty and shall operate within the following organizational structure:
(a) The Sectoral Council;
(b) The Coordination Committee;
(c) The Sectoral Committees;
(d) The Secretariat of the Commission
[Omitted: Article 35 - The Sectoral Council, Article 36 - Co-ordination Committee, Article 37 - Establishment and composition of Sectoral Committees, Article 38 - Functions of the Sectoral Committees, Article 39 - The Secretariat of the Commission, Article 40 - The functions of the Executive Secretary, Article 41 - Other officers of the Commission, Article 42 - Functions of the Secretariat, Article 43 - Funding of the Commission, Article 44 - Co-operation with development partners, Article 45 - Reporting by Partner States]
Article 46 - Dispute settlement
1. In the event of a dispute between Partner States concerning the interpretation or application of this Protocol, the Partner States concerned shall seek solution by negotiation.
2. If the Partner States do not resolve the dispute by negotiating, either Partner State or the Secretary General may refer such dispute to the East African Court of Justice in accordance with Articles 28 and 29 of the Treaty.
3. The decision of the East African Court of Justice on any dispute referred to it under this Protocol shall be final.
Article 47 - Relationship between this Protocol and the Treaty
This protocol shall upon entry into force be an integral part of the Treaty and in case of an inconsistency between this Protocol and the Treaty, the Treaty shall prevail.
[Omitted: Article 48 - Relationship with other Agreements on Lake Victoria,
Article 49 - Entry into force, Article 50 - Accession, Article 51 - Amendment, Article 52 - Saving provisions]
Journal of the European Union L 342, 12.12.1997, p. 19. Entry into force 22
October 1998. Parties and/or signatories: Austria, Bosnia-Herzegovina, Bulgaria,
Croatia, Czech Republic, European Community, Germany, Hungary, Republic of
Moldova, Romania, Slovenia, Slovakia, Ukraine, Yugoslavia.|
[16 ]Official Journal of the European Union L 289, 16.11.2000, p. 31. Parties and/or signatories: European Community, France, Germany, Luxembourg, Netherlands, Switzerland.
 FAOLEX (FAO legal database online). Parties and/or signatories: Mozambique, South Africa, Swaziland.
 FAOLEX (FAO legal database online). Parties and/or signatories: Bosnia and Herzegovina, Croatia, Slovenia, Yugoslavia.
 FAOLEX (FAO legal database online). Parties and/or signatories: Burundi, Congo, Tanzania, Zambia.
 FAOLEX (FAO legal database online). Parties and/or signatories: Kenya, Tanzania, Uganda.