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iii. Bilateral Treaties

Austria - Germany, EEC

19. Agreement Between the Federal Republic of Germany and the EEC, on the one hand, and the Republic of Austria, on the other, on Cooperation and Management of Water Resources in the Danube Basin [Regensburg, 1 December 1987][21]

The Contracting Parties,

Desirous of increasing cooperation on management of water resources, in particular the protection of the aquatic environment and the regulation of discharges,

Anxious to take adequate account of the Contracting Parties' mutual interest concerning the management of water resources,

Concerned to improve as far as possible the quality of the waters in the Danube Basin forming a common frontier between the Republic of Austria and the Federal Republic of Germany,

Have agreed as follows:

Article 1

1. The Contracting Parties shall cooperate on water management, in particular, in carrying out water management tasks and implementing the water laws in the German and Austrian Danube Basin.

2. Such cooperation shall take the form in particular of,

(a) exchange of experience,

(b) exchange of information on water management regulations and measures,

(c) exchange of experts,

(d) exchange of publications, regulations and guidelines,

(e) participation in scientific and specialist meetings,

(f) consideration of projects on the territory of the Federal Republic of Germany or the Republic of Austria which might substantially influence the proper management of water resources on the territory of the other State,

(g) consultations in the Standing Committee on Management of Water Resources (Article 7).

3. The Agreement shall not apply to questions concerning fisheries and shipping; the treatment of questions concerning the protection of the aquatic environment against pollution shall not, however, be thereby excluded.

Article 2

1. The Contracting Parties shall notify each other in good time of major projects on the territory of the Federal Republic of Germany or the Republic of Austria or where such projects might substantially influence the proper management of water resources on the territory of the other State.

2. The maintenance and achievement of proper management of water resources within the meaning of this Agreement shall cover projects relating to:

(a) protection of the aquatic environment including the groundwater, in particular the prevention of pollution, and the discharge of waste water and heat;

...

(c) the utilization of the aquatic environment including the groundwaters, in particular the use of water power and the diversion and abstraction of water;

...

3. Notification pursuant to paragraph 1 shall be made directly between the relevant authorities and departments insofar as the effects remain restricted to their area of competence, or through the Standing Committee on Management of Water Resources.

4. The Contracting Parties shall inform each other of the bodies responsible for notifying the Standing Committee on Management of Water Resources and of the relevant authorities and departments.

Article 3

1. The Contracting Parties shall take the necessary measures within their respective legal systems to ensure that projects on stretches of water forming the frontier shall not have a substantial adverse effect on the condition of water resources on the territory of the Federal Republic of Germany or the Republic of Austria. They shall hold consultations with the aim of reaching mutual agreement, insofar as one party invokes these effects within a period of three months of notification by adducing serious grounds.

2. In the case of projects on all other waters which might have a substantial adverse effect on the condition of water resources on the territory of the other State, the Contracting Parties shall, at the request of the party concerned, discuss the possibilities of preventing such effects before the projects are carried out.

Article 4

1. In the case of projects on stretches of water forming the frontier which are carried out on the territories of the Federal Republic of Germany and the Republic of Austria, the competent authorities in each case shall decide on that part of the work to be carried out on their territory; in this connection they shall coordinate the timing of the necessary procedures and the substance of the decisions to be adopted.

2. In the case of projects on stretches of water forming the frontier which are to be carried out on the territory of only the Federal Republic of Germany or the Republic of Austria but which could have an adverse effect on the rights and interests of the other State, for example with regard to the water system and condition of the water, the competent authorities of the other State shall be given the opportunity in good time to submit their opinion, in particular on the substance and on the conditions and obligations laid down in the public interest.

3. Where a matter within paragraph 1 or 2 is communicated by one of the Contracting Parties to the Standing Committee on Management of Water Resources, the competent authorities may not take their decision until the matter has been dealt with by that Committee, unless a delay would lead to a dangerous situation.

Article 5

The competent authorities shall carry out control measurements of the quality of the waters, jointly where this is expedient, in areas where the waters form or cross the frontier between the Federal Republic of Germany and the Republic of Austria.

Article 6

The competent authorities shall coordinate their alarm, intervention and notification plans for averting dangers from high water and ice, for measures following accidents with harmful substances and in the event of critical conditions of the aquatic environment and shall, where necessary, draw up harmonized guidelines.

Article 7

1. A Standing Committee on Management of Water Resources shall be set up. Its duty shall be to contribute to the solution of questions arising from the application of this Agreement through joint consultations. For this purpose it may address to the Contracting Parties recommendations drawn up by agreement.

2. The composition, procedures and specific powers of the aforementioned Standing Committee shall be governed by the Statute in Annex 1, which is an integral part of this Agreement.

3. Recommendations pursuant to the third sentence of paragraph 1 may relate in particular to:

(a) minimum requirements in respect of discharges to the aquatic environment,

(b) measures to improve a critical condition of the aquatic environment which is due to influences from the territory of the Federal Republic of Germany or the Republic of Austria, insofar as these influences extend to the territory of the other State,

(c) other appropriate measures to protect the aquatic environment, including water quality objectives,

(d) analyses and methods to establish the type and extent of pollution of the aquatic environment and the evaluation of the analysis results.

[Omitted: Articles 8-11]

...

[Omitted: Annex I - Statute of the Standing Committee on Management of Water Resources, Annex II - Final Protocol]

Canada - United States of America

20. Protocol Amending the 1978 Agreement Between the United States of America and Canada on Great Lakes Water Quality, as Amended on October 16, 1983 [Toledo, 18 November 1987][22]

The Government of the United States of America and the Government of Canada,

Reaffirming their commitment to achieving the purpose and objectives of the 1978 Agreement between the United States of America and Canada on Great Lakes Water Quality, as amended on October 16, 1983;

Having developed and implemented cooperative programs and measures to achieve such purpose and objectives;

Recognizing the need for strengthened efforts to address the continuing contamination of the Great Lakes Basin Ecosystem, particularly by persistent toxic substances;

Acknowledging that many of these toxic substances enter the Great Lakes System from air, from groundwater infiltration, from sediments in the Lakes and from the runoff of non-point sources;

Aware that further research and program development is now required to enable effective actions to be taken to address the continuing contamination of the Great Lakes;

Determined to improve management processes for achieving Agreement objectives and to demonstrate firm leadership in the implementation of control measures;

Have agreed as follows:

Agreement between Canada and the United States of America on Great Lakes Water Quality, 1978

The Government of Canada and the Government of the United States of America,

Having in 1972 and 1978 entered into Agreements on Great Lakes Water Quality;

Reaffirming their determination to restore and enhance water quality in the Great Lakes System;

Continuing to be concerned about the impairment of water quality on each side of the boundary to an extent that is causing injury to health and property on the other side, as described by the International Joint Commission;

Reaffirming their intent to prevent further pollution of the Great Lakes Basin Ecosystem owing to continuing population growth, resource development and increasing use of water;

Reaffirming in a spirit of friendship and cooperation the rights and obligations of both countries under the Boundary Waters Treaty, signed on January 11, 1909, and in particular their obligation not to pollute boundary waters;

Continuing to recognize that right of each country in the use of the Great Lakes waters;

Having decided that the Great Lakes Water Quality Agreements of 1972 and 1978 and subsequent reports of the International Joint Commission provide a sound basis for new and more effective cooperative actions to restore and enhance water quality in the Great Lakes Basin Ecosystem;

Recognizing that restoration and enhancement of the boundary waters cannot be achieved independently of other parts of the Great Lakes Basin Ecosystem with which these waters interact;

Concluding that the best means to preserve the aquatic ecosystem and achieve improved water quality throughout the Great Lakes System is by adopting common objectives, developing and implementing cooperative programs and other measures, and assigning special responsibilities and functions to the International Joint Commission;

Have agreed as follows:

Article I - Definitions

As used in this Agreement:

(a) "Agreement" means the present Agreement as distinguished from the Great Lakes Water Quality Agreement of April 15, 1972;

(b) "Annex" means any of the Annexes to this Agreement, each of which is attached to and forms and integral part of this Agreement;

(c) "Boundary waters of the Great Lakes System" or "boundary waters" means boundary waters, as defined in the Boundary Waters Treaty, that are within the Great Lakes System;

(d) "Boundary Waters Treaty" means the Treaty between the United States and Great Britain Relating to Boundary Waters, and Questions Arising Between the United States and Canada, signed at Washington on January 11, 1909;

...

(f) "General Objectives" are broad descriptions of water quality conditions consistent with the protection of the beneficial uses and the level of environmental quality which the Parties desire to secure and which will provide overall water management guidance;

(g) "Great Lakes Basin Ecosystem" means the interacting components of air, land, water and living organisms, including humans, within the drainage basin of the St. Lawrence River at or upstream from the point at which this river becomes the international boundary between Canada and the United States;

(h) "Great Lakes System" means all of the streams river[sic], lakes and other bodies of water that are within the drainage basin on the St. Lawrence River at or upstream from the point at which this river becomes the international boundary between Canada and the United States;

...

(k) "International Joint Commission" or "Commission" means the International Joint Commission established by the Boundary Waters Treaty;

(l) "Monitoring" means a scientifically designed system of continuing standardized measurements and observations and the evaluation thereof;

(m) "Objectives" means the General Objectives adopted pursuant to Article III and the Specific Objectives adopted pursuant to Article IV of this Agreement;

(n) "Parties" means the Government of Canada and the Government of the United States of America;

(o) "Phosphorus" means the element phosphorus present as a constituent of various organic and inorganic complexes and compounds;

(p) "Research" means development, interpretation and demonstration of advanced scientific knowledge for the resolution of issues but does not include monitoring and surveillance of water or air quality;

(q) "Science Advisory Board" means the Great Lakes Science Advisory Board of the International Joint Commission established pursuant to Article VIII of this Agreement;

(r) "Specific Objectives" means the concentration or quantity of a substance or level of effect that the Parties agree, after investigation, to recognize as a maximum or minimum desired limit for a defined body of water or portion thereof, taking into account the beneficial uses or level of environmental quality which the Parties desire to secure and protect;

(s) "State and Provincial Governments" means the Governments of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Wisconsin, and the Commonwealth of Pennsylvania, and the Government of the Province of Ontario;

(t) "Surveillance" means specific observations and measurements relative to control or management;

...

(v) "Toxic substance" means a substance which can cause death, disease, behavioural abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions or physical deformities in any organism or its offspring, or which can become poisonous after concentration in the food chain or in combination with other substances;

...

(x) "Water Quality Board" means the Great Lakes Water Quality Board of the International Joint Commission established pursuant to Article VIII of this Agreement.

Article II - Purpose

The purpose of the Parties is to restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem. In order to achieve this purpose, the Parties agree to make a maximum effort to develop programs, practices and technology necessary for a better understanding of the Great Lakes Basin Ecosystem and to eliminate or reduce to the maximum extent practicable the discharge of pollutants into the Great Lakes System.

Consistent with the provisions of this Agreement, it is the policy of the Parties that:

(a) The discharge of toxic substances in toxic amounts be prohibited and the discharge of any or all persistent toxic substances be virtually eliminated;

(b) Financial assistance to construct publicly owned waste treatment works be provided by a combination of local, state, provincial, and federal participation; and

(c) Coordinated planning processes and best management practices be developed and implemented by the respective jurisdictions to ensure adequate control of all sources of pollutants.

Article III - General objectives

The Parties adopt the following General Objectives for the Great Lakes System. These waters should be:

(a) Free from substances that directly or indirectly enter the waters as a result of human activity and that will settle to form putrescent or otherwise objectionable sludge deposits, or that will adversely affect aquatic life or waterfowl;

(b) Free from floating materials such as debris, oil, scum, and other immiscible substances resulting from human activities in amounts that are unsightly or deleterious;

(c) Free from materials and heat directly or indirectly entering the water as a result of human activity that alone, or in combination with other materials, will produce colour, odour, taste, or other conditions in such a degree as to interfere with beneficial uses;

(d) Free from materials and heat directly or indirectly entering the water as a result of human activity that alone, or in combination with other materials, will produce conditions that are toxic or harmful to human, animal, or aquatic life; and

(e) Free from nutrients directly or indirectly entering the waters as a result of human activity in amounts that create growths of aquatic life that interfere with beneficial uses.

[Omitted: Article IV - Specific objectives, Article V - Standards, other regulatory requirements, and research]

Article VI - Programs and other measures

1. The Parties, in cooperation with State and Provincial Governments, shall continue to develop and implement programs and other measures to fulfil the purpose of this Agreement and to meet the General and Specific Objectives. Where present treatment is inadequate to meet the General and Specific Objectives, additional treatment shall be required. The programs and measures shall include the following:

...

(q) Pollution from contaminated groundwater and subsurface sources.

Programs for the assessment and control of contaminated groundwater and subsurface sources entering the boundary waters of the Great Lakes System pursuant to Annex 16.

...

[Omitted: Article VII - Powers, responsibilities and functions of the International Joint Commission]

Article VIII - Joint institutions and regional office

1. To assist the International Joint Commission in the exercise of the powers and responsibilities assigned to it under this Agreement, there shall be two Boards:

(a) A Great Lakes Water Quality Board which shall be the principal advisor to the Commission. The Board shall be composed of an equal number of members from Canada and the United States, including representatives from the Parties and each of the State and Provincial Governments; and

(b) A Great Lakes Science Advisory Board shall provide advice on research to the Commission and to the Water Quality Board. The Board shall further provide advice on scientific matters referred to it by the Commission, or by the Water Quality Board in consultation with the Commission. The Science Advisory Board shall consist of managers of Great Lakes research programs and recognized experts on Great Lakes water quality problems and related fields.

...

Article IX - Submission and exchange of information

1. The International Joint Commission shall be given at its request any data or other information relating to water quality in the Great Lakes System in accordance with procedures established by the Commission.

2. The Commission shall make available to the Parties and to the State and Provincial Governments upon request all data or other information furnished to it in accordance with the Article.

3. Each Party shall make available to the other at its request any data or other information in its control relating to water quality in the Great Lakes System.

4. Notwithstanding any other provision of this Agreement, the Commission shall not release without the consent of the owner any information identified as proprietary information under the law of the place where such information has been acquired.

Article X - Consultation and review

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2. When a Party becomes aware of a special pollution problem that is of joint concern and requires an immediate response, it shall notify and consult the other Party forthwith about appropriate remedial action.

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Article XI - Implementation

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2. The Parties commit themselves to seek:

(a) The appropriation of funds required to implement this Agreement, including the funds needed to develop and implement the programs and other measures provided for in Article VI of this Agreement, and the funds required by the International Joint Commission to carry out its responsibilities effectively;

(b) The enactment of any additional legislation that may be necessary in order to implement the programs and other measures provided for in Article VI of this Agreement; and

(c) The cooperation of the State and Provincial Governments in all matters relating to this Agreement.

[Omitted: Article XII - Existing rights and obligations, Article XIII - Amendment, Article XIV - Entry into force and termination, Article XV - Supersession]

...

[Omitted: Annex 1 - Specific objectives, Annex 2 - Remedial action plans and lakewide management plans, Annex 3 - Control of phosphorus, Annex 4 - Discharges of oil and hazardous polluting substances from vessels, Annex 5 - Discharges of vessel wastes, Annex 6 - Review of pollution from shipping sources, Annex 7 - Dredging, Annex 8 - Discharges from onshore and offshore facilities, Annex 9 - Joint contingency plan, Annex 10 - Hazardous polluting substances, Annex 11 - Surveillance and monitoring, Annex 12 - Persistent toxic substances]

Annex 13 - Pollution from non-point sources

1. Purpose.

This Annex further delineates programs and measures for the abatement and reduction on non-point sources of pollution from land-use activities. These include efforts to further reduce non-point source inputs of phosphorus, sediments, toxic substances and microbiological contaminants contained in drainage from urban and rural land, including waste disposal sites, in the Great Lakes System.

2. Implementation.

The Parties, in conjunction with State and Provincial Governments, shall:

(a) identify land-based activities contribution to water quality problems described in Remedial Action Plans for Areas of Concern, or in Lakewide Management Plans including, but not limited to, phosphorus and Critical Pollutants; and

(b) develop and implement watershed management plans, consistent with the objectives and schedules for individual Remedial Action Plans or Lakewide Management Plans, on priority hydrologic units to reduce non-point source inputs. Such watershed plans shall include a description of priority areas, intergovernmental agreements, implementation schedules, and programs and other measures to fulfill the purpose of this Annex and the General and Specific Objectives of this Agreement. Such measures shall include provisions for regulation of non-point sources of pollution.

3. Wetlands and their Preservation. Significant wetland areas in the Great Lakes System that are threatened by urban and agricultural development and waste disposal activities should be identified, preserved and, where necessary, rehabilitated.

4. Surveillance, Surveys and Demonstration Projects. Programs and projects shall be implemented in order to determine:

(a) non-point source pollutants inputs to and outputs from rivers and shoreline areas sufficient to estimate loadings to the boundary waters of the Great Lakes System; and

(b) the extent of change in land-use and land management practices that significantly affect water quality for the purpose of tracking implementation of remedial measures and estimating associated changes in loadings to the Lakes.

Demonstration projects of remedial programs on pilot urban and rural watersheds shall be encouraged to advance knowledge and enhance information and education services, including extension services, where applicable.

5. The Parties shall report by December 31, 1988 and biennially thereafter, to the Commission on progress in developing specific watershed management plans and implementing programs and measures to control non-point sources of pollution.

[Omitted: Annex 14 - Contaminated sediment, Annex 15 - Airborne toxic substances]

Annex 16 - Pollution from contaminated groundwater

The Parties, in cooperation with State and Provincial Governments, shall coordinate existing program[sic] to control contaminated groundwater affecting the boundary waters of the Great Lakes System. For this purpose, the Parties shall;

(i) identify existing and potential sources of contaminated groundwater affecting the Great Lakes;

(ii) map hydrogeological conditions in the vicinity of existing and potential sources of contaminated groundwater;

(iii) develop a standard approach and agreed procedures for sampling and analysis of contaminants in groundwater in order to: (1) assess and characterize the degree and extent of contamination; and (2) estimate the loadings of contaminants from groundwater to the Lakes to support the development of Remedial Action Plans and Lakewide Management Plans pursuant to Annex 2;

(iv) control the sources of contamination of groundwater and the contaminated groundwater itself, when the problem has been identified; and

(v) report progress on implementing this Annex to the Commission biennially, commencing with a report no later than December 31, 1988.

[Omitted: Annex 17 - Research and development.]

21. Memorandum of Agreement Related to Referral of Water Right Applications (10 October 1996) - Appendix to British Columbia/ Washington Memorandum of Understanding [12 April 1996][23]

Between the State of Washington as represented by the Department of Ecology, herein called "Ecology" and the Province of British Columbia as represented by the Minister of Environment, Lands and Parks, herein called "the Ministry"

Recitals

Whereas the Environmental Cooperation Agreement of May 7, 1992, between the Province of British Columbia and the State of Washington, proposed consultation and information sharing between the State and the Province on environmental matters of mutual concern, including water resource management issues such as water resource allocation;

Whereas, the Memorandum of Understanding of April 12, 1996 between Ecology and the Ministry provides for the development of subject-specific Memoranda as Appendices to the Memorandum of Understanding.

Whereas, jurisdiction over water resource allocation of waters of the Province and the State rests, respectively, with the Province and the State, subject to the exercise of any existing applicable aboriginal and treaty rights, in the case of the Province with First Nations as recognized and affirmed in Section 35 of the Canadian Constitution Act of 1982, and in the case of the State with Native Tribes as recognized by the Congress of the United States and by the State of Washington;

Whereas, in the exercise of that jurisdiction particular regulatory schemes have been put in place in the Province and the State, and these schemes are administered by provincial and state agencies, the Ministry and Ecology respectively;

Whereas, a Memorandum of Agreement was considered to be the most effective means to provide for consultation and information sharing between the Ministry and Ecology on water resource allocation by officials of those agencies, where such allocation has the potential for significantly impacting water quantity across the border.

Therefore, the Ministry and Ecology enter into this Memorandum of Agreement, hereafter called the MOA.

It is the purpose of this MOA to:

1. Define the respective roles and responsibilities of the Ministry and Ecology to provide for timely prior consultation on water quantity allocation permits, and

2. Specify procedures, schedules, and appropriate contacts within each agency to facilitate the timely sharing of the above information.

It is mutually agreed that:

1. Statement of work

1.01 The Ministry and Ecology agree, in order to provide for timely consultation between them prior to water resource allocation by officials of those agencies where, in the judgement of the administrating agency, such allocation may have the potential for significantly impacting water quantity on the other side of the border, to:

(a) provide information to the other party in accordance with the Scope of Work, which is attached to this MOA and forms part of it, and

(b) consult with the other party: on any licence or permit application for water quantity allocation which if granted, could potentially significantly impact water quantity on the other side of the border.

2. Term

2.01 This MOA will take effect commencing on the date this MOA is signed by both parties and will remain in effect for a period of three years, when it shall be subject to review and renegotiation, unless it is terminated earlier by either of the parties.

3. Termination

3.01 Either party may terminate this MOA by giving 30 days written notice of termination to the other party.

4. General

4.01 This MOA is not intended to constitute a contractually binding relationship between the parties.

...

Scope of work

Prior consultation and information sharing regarding water rights allocation

I. Coordination and cooperation

Water quantity allocation is a cross-border issue. Because water resource development on either side of the border can have a significant impact on water availability on the other side, it is imperative that the Ministry and Ecology:

(a) coordinate reviews to facilitate decision-making on applications involving water rights allocation, where the water allocation applied for has the potential for significantly impacting water quantity across the border, and

(b) cooperate in sharing relevant water quantity information necessary to provide management of those water resources.

II. Elements of consultation

In addition to the referral procedures normally followed, Ecology's Shorelands and Water Resources Program, Northwest Regional Office Section, will send all surface water, groundwater, and reservoir applications for permit and applications for change of water right to the Ministry when the point of withdrawal, point of diversion, or place of use specified in the application is within or on the exterior boundaries of the Abbotsford/Sumas Aquifer as outlined in the attached plan (1:82,500 scale)[24]. Ecology will provide the Ministry a copy of the application form and a copy of the appropriate USGS quadrangle sheet or Metsker map, indicating the location of major project features such as points of diversion, nature of the works proposed, and other information normally submitted with the application. All applications will be sent to the Regional Water Manager, Lower Mainland Regional Headquarters, Ministry of Environment, Lands & Parks. In addition to the referral procedures normally followed, the Ministry will send to Ecology all surface water licence applications and water licence amendment applications when the point of withdrawal, point of diversion, or place of use identified in the application is within or on the exterior boundaries of the Abbotsford/Sumas Aquifer as outlined in the attached plan (1:82,500 scale)[25].

The Ministry will provide Ecology a copy of the application form and a copy of the appropriate NTS, BCGS or cadastral map, indicating the location of major project features such as points of diversion, nature of the works proposed, and other information normally submitted with the application. All applications will be sent to the Supervisor, Shorelands and Water Resources Program, Northwest Regional Office, Department of Ecology.

Applications which meet the requirements identified above will be transmitted by the Ministry or Ecology to its counterpart at the same time that notice for comment is provided to other interested parties. Upon receipt of the application, the Ministry and Ecology will have 30 days for review and comment. If necessary, the Ministry and Ecology may request additional time for review and comment on any application.

Comments from the Ministry and Ecology should be substantive in nature; i.e., they should relate specifically to impairment of the aquifer's safe sustaining yield, impairment of existing rights, or to fish and wildlife biology or habitat impacts. Current information, based on a field investigation, is preferred. Projected effects should be quantified to the extent possible. If either agencies' staff does not fully understand the reviewer's comments, he or she should contact the reviewing agency for clarification. When findings significantly deviate from the substantive comments provided by the reviewing agency, a copy of the findings will be provided to the reviewing agency.

III. Information Sharing

Subject to applicable public disclosure, freedom of information, and protection of privacy laws, the Ministry and Ecology commit to freely sharing and exchanging information on water licences/permits and water licence/permit applications under consideration.

Subject to applicable public disclosure, freedom of information, and protection of privacy laws, the Ministry and Ecology commit to freely sharing and exchanging information on regional studies pertaining to water availability and development of water resources within or on the boundaries of the aquifer.

Israel - Jordan

22. Treaty of Peace Between the State of Israel and the Hashemite Kingdom of Jordan [Arava/Araba Crossing Point, 26 October 1994][26]

...

Article 1 - Establishment of peace

Peace is hereby established between the State of Israel and the Hashemite Kingdom of Jordan (the "Parties") effective from the exchange of the instruments of ratification of this Treaty.

[Omitted: Article 2 - General principles, Article 3 - International boundary,

Article 4 - Security, Article 5 - Diplomatic and other bilateral relations]

Article 6 - Water

With the view to achieving a comprehensive and lasting settlement of all the water problems between them:

1. The Parties agree mutually to recognise the rightful allocations of both of them in Jordan River and Yarmouk River waters and Araba/Arava groundwater in accordance with the agreed acceptable principles, quantities and quality as set out in Annex II, which shall be fully respected and complied with.

2. The Parties, recognising the necessity to find a practical, just and agreed solution to their water problems and with the view that the subject of water can form the basis for the advancement of co- operation between them, jointly undertake to ensure that the management and development of their water resources do not, in any way, harm the water resources of the other Party.

3. The Parties recognise that their water resources are not sufficient to meet their needs. More water should be supplied for their use through various methods, including projects of regional and international co-operation.

4. In light of paragraph 3 of this Article, with the understanding that co-operation in water-related subjects would be to the benefit of both Parties, and will help alleviate their water shortages, and that water issues along their entire boundary must be dealt with in their totality, including the possibility of trans-boundary water transfers, the Parties agree to search for ways to alleviate water shortage and to co- operate in the following fields:

(a) development of existing and new water resources, increasing the water availability including co- operation on a regional basis as appropriate, and minimising wastage of water resources through the chain of their uses;

(b) prevention of contamination of water resources;

(c) mutual assistance in the alleviation of water shortages;

(d) transfer of information and joint research and development in water-related subjects, and review of the potentials for enhancement of water resources development and use.

5. The implementation of both Parties' undertakings under this Article is detailed in Annex II.

[Omitted: Article 7 - Economic relations, Article 8 - Refugees and displaced persons, Article 9 - Places of historical and religious significance, Article 10 - Cultural and scientific exchanges, Article 11 - Mutual understanding and good neighbourly relations, Article 12 - Combating crime and drugs, Article 13 - Transportation and roads, Article 14 - Freedom of navigation and access to ports, Article 15 - Civil aviation, Article 16 - Posts and telecommunications, Article 17 - Tourism]

Article 18 - Environment

The Parties will co-operate in matters relating to the environment, a sphere to which they attach great importance, including conservation of nature and prevention of pollution, as set forth in Annex IV. They will negotiate an agreement on the above, to be concluded not later than 6 months from the exchange of the instruments of ratification of this Treaty.

[Omitted: Article 19 - Energy, Article 20 - Rift Valley development, Article 21 - Health, Article 22 - Agriculture, Article 23 - Aqaba and Eilat, Article 24 - Claims, Article 25 - Rights and obligations, Article 26 - Legislation, Article 27 - Ratification, Article 28 - Interim measures, Article 29 - Settlement of disputes, Article 30 - Registration]

...

[Omitted: Annex I (a) Israel-Jordan international boundary delimitation and demarcation, (b) The Naharayim/Baqura area, (c) The Zofar/Al-Ghamr area, Appendices]

Annex II - Water and related matters

[Omitted: Article I - Allocation, Article II - Storage]

Article III - Water quality and protection

1. Israel and Jordan each undertake to protect, within their own jurisdiction, the shared waters of the Jordan and Yarmouk Rivers, and Arava/Araba groundwater, against any pollution, contamination, harm or unauthorized withdrawals of each other's allocations.

2. For this purpose, Israel and Jordan will jointly monitor the quality of water along their boundary, by use of jointly established monitoring stations to be operated under the guidance of the Joint Water Committee.

...

4. The quality of water supplied from one country to the other at any given location shall be equivalent to the quality of the water used from the same location by the supplying country.

5. Saline springs currently diverted to the Jordan River are earmarked for desalination within four years. Both countries shall cooperate to ensure that the resulting brine will not be disposed of in the Jordan River or in any of its tributaries.

6. Israel and Jordan will each protect water systems in its own territory, supplying water to the other, against any pollution, contamination, harm or unauthorised withdrawal of each other's allocations.

Article IV - Groundwater in Emek Ha'arava/Wadi Araba

1. In accordance with the provisions of this Treaty, some wells drilled and used by Israel along with their associated systems fall on the Jordanian side of the borders. These wells and systems are under Jordan's sovereignty. Israel shall retain the use of these wells and systems in the quantity and quality detailed an Appendix(to this Annex, that shall be jointly prepared by 31st December, 1994. Neither country shall take, nor cause to be taken, any measure that may appreciably reduce the yields of quality of these wells and systems.

2. Throughout the period of Israel's use of these wells and systems, replacement of any well that may fail among them shall be licensed by Jordan in accordance with the laws and regulations then in effect. For this purpose, the failed well shall be treated as though it was drilled under license from the competent Jordanian authority at the time of its drilling. Israel shall supply Jordan with the log of each of the wells and the technical information about it to be kept on record. The replacement well shall be connected to the Israeli electricity and water systems.

3. Israel may increase the abstraction rate from wells and systems in Jordan by up to (10) MCM/year above the yields referred to in paragraph 1 above, subject to a determination by the Joint Water Committee that this undertaking is hydrogeologically feasible and does not harm existing Jordanian uses. Such increase is to be carried out within five years from the entry into force of the Treaty.

4. Operation and maintenance

(a) Operation and maintenance of the wells and systems on Jordanian territory that supply Israel with water, and their electricity supply shall be Jordan's responsibility. The operation and maintenance of these wells and systems will be contracted at Israel's expense to authorities or companies selected by Israel.

(b) Jordan will guarantee easy unhindered access of personnel and equipment to such wells and systems for operation and maintenance. This subject will be further detailed in the agreements to be signed between Jordan and the authorities or companies selected by Israel.

[Omitted: Article V - Notification and agreement]

Article VI - Co-operation

1. Israel and Jordan undertake to exchange relevant data on water resources through the Joint Water Committee.

2. Israel and Jordan shall co-operate in developing plans for purposes of increasing water supplies and improving water use efficiency, within the context of bilateral, regional or international cooperation.

Article VII - Joint Water Committee

1. For the purpose of the implementation of this Annex, the Parties will establish a Joint Water Committee comprised of three members from each country.

2. The Joint Water Committee will, with the approval of the respective governments, specify its work procedures, the frequency of its meetings, and the details of its scope of work. The Committee may invite experts and/or advisors as may be required.

3. The Committee may form, as it deems necessary, a number of specialized sub-committees and assign them technical tasks. In this context, it is agreed that these sub-committees will include a northern sub- committee and a southern sub-committee, for the management on the ground of the mutual water resources in these sectors.

[Omitted: Annex III - Combatting crime and drugs]

Annex IV - Environment

Israel and Jordan acknowledge the importance of the ecology of the region, its high environmental sensitivity and the need to protect the environment and prevent danger and risks for the health and well-being of the region's population. They both recognise the need for conservation of natural resources, protection of biodiversity and the imperative of attaining economic growth based on sustainable development principles.

In light of the above, both Parties agree to co-operate in matters relating to environmental protection in general and to those that may mutually effect them. Areas of such co-operation are detailed as follows:

A. Taking the necessary steps both jointly and individually to prevent damage and risks to the environment in general, and in particular those that may affect people, natural resources and environmental assets in the two countries respectively.

B. Taking the necessary steps by both countries to co-operate in the following areas:

Environmental planning and management including conducting Environmental Impact Assessment (EIA) and exchanging of data on projects possessing potential impact on their respective environments.

Environmental legislation, regulations, standards and enforcement thereof.

Research and applied technology.

Emergency response, monitoring, related notification procedures and control of damages.

Code of conduct through regional charters.

This may be achieved through the establishment of joint modalities and mechanisms of cooperation to ensure exchange of information, communication and coordination regarding matters and activities of mutual environmental concern between their environmental administrations and experts.

C. Environmental subjects to be addressed:

1. Protection of nature, natural resources and biodiversity, including cooperation in planning and management of adjacent protected areas along the common border, and protection of endangered species and migratory birds.

...

4. Waste management including hazardous wastes.

...

6. Abatement and control of pollution, contamination and other manmade hazards to the environment.

7. Desertification: combatting desertification, exchange of information and research knowledge, and the implementation of suitable technologies.

8. Public awareness and environmental education, encouraging the exchange of knowledge, information, study materials, education programmes and training through public actions and awareness campaigns.

...

D. In accordance with the above, the two Parties agree to co-operate in activities and projects in the following geographical areas:

I. The Gulf of Aqaba

[Omitted: I.1 - The Marine Environment]

I.2 Coastal zone management - the Littoral

...

Environmental protection of water resources.

...

II. The Rift Valley

[Omitted: II.1 The Jordan River, II.2 The Dead Sea]

II.3 Emek Ha'arava/Wadi Araba

Environmental protection of water resources.
Nature reserves and protected areas.
Pest control.
Tourism and historical heritage.
Agricultural pollution control.

[Omitted: Annex V - Interim measures, Border crossing points procedures between Israel and Jordan; Agreed Minutes]

Israel - PLO

23. Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip: Annex III - Protocol Concerning Civil Affairs [Washington D.C., 28 September 1995][27]

The Government of the State of Israel and the Palestine Liberation Organization (hereinafter "the PLO"), the representative of the Palestinian people;

...

Hereby agree as follows:

Chapter I - The Council

Article I - Transfer of authority

1. Israel shall transfer powers and responsibilities as specified in this Agreement from the Israeli military government and its Civil Administration to the Council in accordance with this Agreement. Israel shall continue to exercise powers and responsibilities not so transferred.

...

4. As regards the transfer and assumption of authority in civil spheres, powers and responsibilities shall be transferred and assumed as set out in the Protocol Concerning Civil Affairs attached as Annex III to this Agreement (hereinafter "Annex III").

...

6. A Joint Civil Affairs Coordination and Cooperation Committee (hereinafter "the CAC"), Joint Regional Civil Affairs Subcommittees, one for the Gaza Strip and the other for the West Bank, and District Civil Liaison Offices in the West Bank shall be established in order to provide for coordination and cooperation in civil affairs between the Council and Israel, as detailed in Annex III.

...

Annex III - Protocol concerning civil affairs

[Omitted: Article I - Liaison and coordination in civil affairs, Article II - Transfer of civil powers and responsibilities, Article III - Modalities of transfer, Article IV - Special provisions concerning Area C]

Appendix 1 - Powers and responsibilities for civil affairs

Article 1 - Agriculture

1. This sphere includes, inter alia, veterinary services, animal husbandry, all existing experimental stations, irrigation water (i.e. usage of irrigation water which has been allocated for this purpose), scientific data, forestry, pasture and grazing, licensing and supervision of agriculture, the farming and marketing (including export and import) of crops, fruit and vegetables, nurseries, forestry products, and animal produce.

2. Irrigation water, as well as facilities, water resources, installations and networks used in agriculture are dealt with in Article 40 (Water and Sewage).

...

4. The two sides will cooperate in training and research, and shall undertake joint studies on the development of all aspects of agriculture, irrigation and veterinary services.

...

[Omitted: Article 2 - Archaeology, Article 3 - Assessments, Article 4 - Banking and monetary issues, Article 5 - Civil administration employees, Article 6 - Commerce and industry, Article 7 - Comptrol, Article 8 - Direct taxation, Article 9 - Education and culture, Article 10 - Electricity, Article 11 - Employment]

Article 12 - Environmental protection

A. Transfer of authority

The Palestinian side and Israel, recognizing the need to protect the environment and to utilize natural resources on a sustainable basis, agreed upon the following:

1. This sphere includes, inter alia, licensing for crafts and industry, and environmental aspects of the following: sewage, solid waste, water, pest control (including anti-malaria activities), pesticides and hazardous substances, planning and zoning, noise control, air pollution, public health, mining and quarrying, landscape preservation and food production.

2. The Israeli side shall transfer to the Palestinian side, and the Palestinian side shall assume, powers and responsibilities in this sphere, in the West Bank and the Gaza Strip that are presently held by the Israeli side, including powers and responsibilities in Area C which are not related to territory.

...

B. Cooperation and understandings

3. Both sides will strive to utilize and exploit the natural resources, pursuant to their own environmental and developmental policies, in a manner which shall prevent damage to the environment, and shall take all necessary measures to ensure that activities in their respective areas do not cause damage to the environment of the other side.

4. Each side shall act for the protection of the environment and the prevention of environmental risks, hazards and nuisances including all kinds of soil, water and air pollution.

5. Both sides shall respectively adopt, apply and ensure compliance with internationally recognized standards concerning the following: levels of pollutants discharged through emissions and effluents; acceptable levels of treatment of solid and liquid wastes, and agreed ways and means for disposal of such wastes; the use, handling and transportation (in accordance with the provisions of Article 38 (Transportation)) and storage of hazardous substances and wastes (including pesticides, insecticides and herbicides); and standards for the prevention and abatement of noise, odor, pests and other nuisances, which may affect the other side.

6. Each side shall take the necessary and appropriate measures to prevent the uncontrolled discharge of wastewater and/or effluents to water sources, water systems and water bodies, including groundwater, surface water and rivers, which may affect the other side, and to promote the proper treatment of domestic and industrial wastewater, as well as solid and hazardous wastes.

7. Both sides shall ensure that a comprehensive Environmental Impact Assessment (EIA) shall be conducted for major development programs, including those related to industrial parks and other programs detailed in Schedule 2.

...

9. Both sides recognize the importance of taking all necessary precautions to prevent water and soil pollution, as well as other safety hazards in their respective areas, as a result of the storage and use of gas and petroleum products, and shall endeavor to ensure compliance with the above.

...

15. Israel and the Palestinian side shall respectively operate an emergency warning system in order to respond to events or accidents which may generate environmental pollution, damage or hazards. A mechanism for mutual notification and coordination in cases of such events or accidents will be established.

16. Recognizing the unsatisfactory situation of the environment in the West Bank, and further recognizing the mutual interest in improving this situation, Israel shall actively assist the Palestinian side, on an ongoing basis, in attaining this goal.

17. Each side shall promote public awareness on environmental issues.

18. Both sides shall work on appropriate measures to combat desertification.

19. Each side shall control and monitor the transfer of pesticides and any internationally banned and restricted chemicals in their respective areas.

20. Each side shall reimburse the other for environmental services granted in the framework of mutually agreed programs.

21. Both sides shall cooperate in the carrying out of environmental studies, including a profile, in the West Bank.

22. For the mutual benefit of both sides, the relevant Israeli authorities and the Palestinian Environmental Protection Authority and/or other relevant Palestinian authorities shall cooperate in different fields in the future. Both sides will establish an Environmental Experts Committee for environmental cooperation and understandings.

[Omitted: Article 13 - Fisheries, Article 14 - Forests, Article 15 - Gas, fuel and petroleum, Article 16 - Government and absentee land and immovables, Article 17 - Health, Article 18 - Indirect taxation, Article 19 - Insurance, Article 20 - Interior affairs, Article 21 - Labor, Article 22 - Land registration, Article 23 - Legal administration, Article 24 - Local government, Article 25 - Nature reserves, Article 26 - Parks, Article 27 - Planning and zoning, Article 28 - Population registry and documentation, Article 29 - Postal services, Article 30 - Public works and housing, Article 31 - Quarries and mines, Article 32 - Religious sites, Article 33 - Social welfare, Article 34 - Statistics, Article 35 - Surveying, Article 36 - Telecommunications, Article 37 - Tourism, Article 38 - Transportation, Article 39 - Treasury]

Article 40 - Water and sewage

On the basis of good-will, both sides have reached the following agreement in the sphere of Water and Sewage:

Principles

1. Israel recognizes the Palestinian water rights in the West Bank. These will be negotiated in the permanent status negotiations and settled in the Permanent Status Agreement relating to the various water resources.

2. Both sides recognize the necessity to develop additional water for various uses.

3. While respecting each side's powers and responsibilities in the sphere of water and sewage in their respective areas, both sides agree to coordinate the management of water and sewage resources and systems in the West Bank during the interim period, in accordance with the following principles:

(a) Maintaining existing quantities of utilization from the resources, taking into consideration the quantities of additional water for the Palestinians from the Eastern Aquifer and other agreed sources in the West Bank as detailed in this Article.

(b) Preventing the deterioration of water quality in water resources.

(c) Using the water resources in a manner which will ensure sustainable use in the future, in quantity and quality.

(d) Adjusting the utilization of the resources according to variable climatological and hydrological conditions.

(e) Taking all necessary measures to prevent any harm to water resources, including those utilized by the other side.

(f) Treating, reusing or properly disposing of all domestic, urban, industrial, and agricultural sewage.

(g) Existing water and sewage systems shall be operated, maintained and developed in a coordinated manner, as set out in this Article.

(h) Each side shall take all necessary measures to prevent any harm to the water and sewage systems in their respective areas.

(i) Each side shall ensure that the provisions of this Article are applied to all resources and systems, including those privately owned or operated, in their respective areas.

Transfer of authority

4. The Israeli side shall transfer to the Palestinian side, and the Palestinian side shall assume, powers and responsibilities in the sphere of water and sewage in the West Bank related solely to Palestinians, that are currently held by the military government and its Civil Administration, except for the issues that will be negotiated in the permanent status negotiations, in accordance with the provisions of this Article.

5. The issue of ownership of water and sewage related infrastructure in the West Bank will be addressed in the permanent status negotiations.

Additional water

6. Both sides have agreed that the future needs of the Palestinians in the West Bank are estimated to be between 70 - 80 mcm/year.

7. In this framework, and in order to meet the immediate needs of the Palestinians in fresh water for domestic use, both sides recognize the necessity to make available to the Palestinians during the interim period a total quantity of 28.6 mcm/year, as detailed below:

(a) Israeli commitment:

(1) Additional supply to Hebron and the Bethlehem area, including the construction of the required pipeline - 1 mcm/year.

(2) Additional supply to Ramallah area - 0.5 mcm/year.

(3) Additional supply to an agreed take-off point in the Salfit area - 0.6 mcm/year.

(4) Additional supply to the Nablus area - 1 mcm/year.

(5) The drilling of an additional well in the Jenin area - 1.4 mcm/year.

(6) Additional supply to the Gaza Strip - 5 mcm/year.

(7) The capital cost of items (1) and (5) above shall be borne by Israel.

(b) Palestinian responsibility:

(1) An additional well in the Nablus area - 2.1 mcm/year.

(2) Additional supply to the Hebron, Bethlehem and Ramallah areas from the Eastern Aquifer or other agreed sources in the West Bank - 17 mcm/year.

(3) A new pipeline to convey the 5 mcm/year from the existing Israeli water system to the Gaza Strip. In the future, this quantity will come from desalination in Israel.

(4) The connecting pipeline from the Salfit take-off point to Salfit.

(5) The connection of the additional well in the Jenin area to the consumers.

(6) The remainder of the estimated quantity of the Palestinian needs mentioned in paragraph 6 above, over the quantities mentioned in this paragraph (41.4 - 51.4 mcm/year), shall be developed by the Palestinians from the Eastern Aquifer and other agreed sources in the West Bank. The Palestinians will have the right to utilize this amount for their needs (domestic and agricultural).

...

9. Israel shall assist the Council in the implementation of the provisions of paragraph 7 above, including the following:

(a) Making available all relevant data.
(b) Determining the appropriate locations for drilling of wells.

10. In order to enable the implementation of paragraph 7 above, both sides shall negotiate and finalize as soon as possible a Protocol concerning the above projects, in accordance with paragraphs 18 - 19 below.

The Joint Water Committee

11. In order to implement their undertakings under this Article, the two sides will establish, upon the signing of this Agreement, a permanent Joint Water Committee (JWC) for the interim period, under the auspices of the CAC.

12. The function of the JWC shall be to deal with all water and sewage related issues in the West Bank including, inter alia:

(a) Coordinated management of water resources.

(b) Coordinated management of water and sewage systems.

(c) Protection of water resources and water and sewage systems.

(d) Exchange of information relating to water and sewage laws and regulations.

(e) Overseeing the operation of the joint supervision and enforcement mechanism.

(f) Resolution of water and sewage related disputes.

(g) Cooperation in the field of water and sewage, as detailed in this Article.

(h) Arrangements for water supply from one side to the other.

(i) Monitoring systems. The existing regulations concerning measurement and monitoring shall remain in force until the JWC decides otherwise.

(j) Other issues of mutual interest in the sphere of water and sewage.

13. The JWC shall be comprised of an equal number of representatives from each side.

14. All decisions of the JWC shall be reached by consensus, including the agenda, its procedures and other matters.

15. Detailed responsibilities and obligations of the JWC for the implementation of its functions are set out in Schedule 8.

Supervision and enforcement mechanism

16. Both sides recognize the necessity to establish a joint mechanism for supervision over and enforcement of their agreements in the field of water and sewage, in the West Bank.

17. For this purpose, both sides shall establish, upon the signing of this Agreement, Joint Supervision and Enforcement Teams (JSET), whose structure, role, and mode of operation is detailed in Schedule 9.

Water purchases

18. Both sides have agreed that in the case of purchase of water by one side from the other, the purchaser shall pay the full real cost incurred by the supplier, including the cost of production at the source and the conveyance all the way to the point of delivery. Relevant provisions will be included in the Protocol referred to in paragraph 19 below.

19. The JWC will develop a Protocol relating to all aspects of the supply of water from one side to the other, including, inter alia, reliability of supply, quality of supplied water, schedule of delivery and off-set of debts.

Mutual cooperation

20. Both sides will cooperate in the field of water and sewage, including, inter alia:

...

(g) Cooperation in the exchange of available relevant water and sewage data, including:

(1) Measurements and maps related to water resources and uses.

(2) Reports, plans, studies, researches and project documents related to water and sewage.

(3) Data concerning the existing extractions, utilization and estimated potential of the Eastern, North-Eastern and Western Aquifers (attached as Schedule 10).

Protection of water resources and water and sewage systems

21. Each side shall take all necessary measures to prevent any harm, pollution, or deterioration of water quality of the water resources.

22. Each side shall take all necessary measures for the physical protection of the water and sewage systems in their respective areas.

23. Each side shall take all necessary measures to prevent any pollution or contamination of the water and sewage systems, including those of the other side.

24. Each side shall reimburse the other for any unauthorized use of or sabotage to water and sewage systems situated in the areas under its responsibility which serve the other side.

The Gaza Strip

25. The existing agreements and arrangements between the sides concerning water resources and water and sewage systems in the Gaza Strip shall remain unchanged, as detailed in Schedule 11.

[Omitted: Schedule 1 - Archaeological sites of importance to the Israeli side]

Schedule 2 - Environmental protection

Pursuant to Article 12, paragraph 7 of this Appendix:

...

2. Quarries and mines (including expansion of existing quarries and mines).

...

4. Solid waste disposal sites.

5. Hazardous waste disposal sites.

...

[Omitted: Schedule 3 - Health, Schedule 4 - Religious sites, Schedule 5 -Telecommunications - List of approved frequencies, Schedule 6 - Telecommunications - List of approved TV channels and the locations of transmitters, Schedule 7 - Transportation arrangements]

Schedule 8 - Joint Water Committee

Pursuant to Article 40, paragraph 15 of this Appendix, the obligations and responsibilities of the JWC shall include:

1. Coordinated management of the water resources as detailed hereunder, while maintaining the existing utilization from the aquifers as detailed in Schedule 10, and taking into consideration the quantities of additional water for the Palestinians as detailed in Article 40. It is understood that the above-mentioned Schedule 10 contains average annual quantities, which shall constitute the basis and guidelines for the operation and decisions of the JWC:

(a) All licensing and drilling of new wells and the increase of extraction from any water source, by either side, shall require the prior approval of the JWC.

(b) All development of water resources and systems, by either side, shall require the prior approval of the JWC.

(c) Notwithstanding the provisions of (a) and (b) above, it is understood that the projects for additional water detailed in paragraph 7 of Article 40, are agreed in principle between the two sides. Accordingly, only the geo-hydrological and technical details and specifications of these projects shall be brought before the JWC for approval prior to the commencement of the final design and implementation process.

(d) When conditions, such as climatological or hydrological variability, dictate a reduction or enable an increase in the extraction from a resource, the JWC shall determine the changes in the extractions and in the resultant supply. These changes will be allocated between the two sides by the JWC in accordance with methods and procedures determined by it.

(e) The JWC shall prepare, within three months of the signing of this Agreement, a Schedule to be attached to this Agreement, of extraction quotas from the water resources, based on the existing licenses and permits. The JWC shall update this Schedule on a yearly basis and as otherwise required.

...

Schedule 9 - Supervision and enforcement mechanism

Pursuant to Article 40, Paragraph 17 of this Appendix:

1. Both sides shall establish, upon the signing of this Agreement, no less than five Joint Supervision and Enforcement Teams (JSETs) for the West Bank, under the control and supervision of the JWC, which shall commence operation immediately.

2. Each JSET shall be comprised of no less than two representatives from each side, each side in its own vehicle, unless otherwise agreed. The JWC may agree on changes in the number of JSETs and their structure.

3. Each side will pay its own costs, as required to carry out all tasks detailed in this Schedule. Common costs will be shared equally.

4. The JSETs shall operate, in the field, to monitor, supervise and enforce the implementation of Article 40 and this Schedule, and to rectify the situation whenever an infringement has been detected, concerning the following:

(a) Extraction from water resources in accordance with the decisions of the JWC, and the Schedule to be prepared by it in accordance with sub- paragraph 1.e of Schedule 8.

(b) Unauthorized connections to the supply systems and unauthorized water uses;

(c) Drilling of wells and development of new projects for water supply from all sources;

(d) Prevention of contamination and pollution of water resources and systems;

(e) Ensuring the execution of the instructions of the JWC on the operation of monitoring and measurement systems;

(f) Operation and maintenance of systems for collection, treatment, disposal and reuse, of domestic and industrial sewage, of urban and agricultural runoff, and of urban and agricultural drainage systems;

(g) The electric and energy systems which provide power to all the above systems;

(h) The Supervisory Control and Data Acquisition (SCADA) systems for all the above systems;

(i) Water and sewage quality analyses carried out in approved laboratories, to ascertain that these laboratories operate according to accepted standards and practices, as agreed by the JWC. A list of the approved laboratories will be developed by the JWC;

(j) Any other task, as instructed by the JWC.

5. Activities of the JSETs shall be in accordance with the following:

(a) The JSETs shall be entitled, upon coordination with the relevant DCO, to free, unrestricted and secure access to all water and sewage facilities and systems, including those privately owned or operated, as required for the fulfillment of their function.

(b) All members of the JSET shall be issued identification cards, in Arabic, Hebrew and English containing their full names and a photograph.

(c) Each JSET will operate in accordance with a regular schedule of site visits, to wells, springs and other water sources, water works, and sewage systems, as developed by the JWC.

(d) In addition, either side may require that a JSET visit a particular water or sewage facility or system, in order to ensure that no infringements have occurred. When such a requirement has been issued, the JSET shall visit the site in question as soon as possible, and no later than within 24 hours.

(e) Upon arrival at a water or sewage facility or system, the JSET shall collect and record all relevant data, including photographs as required, and ascertain whether an infringement has occurred. In such cases, the JSET shall take all necessary measures to rectify it, and reinstate the status quo ante, in accordance with the provisions of this Agreement. If the JSET cannot agree on the actions to be taken, the matter will be referred immediately to the two Chairmen of the JWC for decision.

(f) The JSET shall be assisted by the DCOs and other security mechanisms established under this Agreement, to enable the JSET to implement its functions.

(g) The JSET shall report its findings and operations to the JWC, using forms which will be developed by the JWC.

Schedule 10 - Data concerning aquifers

Pursuant to Article 40, paragraph 20 and Schedule 8 paragraph 1 of this Appendix:

The existing extractions, utilization and estimated potential of the Eastern, North-Eastern, and Western Aquifers are as follows:

Eastern Aquifer:

- In the Jordan Valley, 40 mcm to Israeli users, from wells;
- 24 mcm to Palestinians, from wells;
- 30 mcm to Palestinians, from springs;
- 78 mcm remaining quantities to be developed from the Eastern Aquifer;
- Total = 172 mcm.

North-Eastern Aquifer:

- 103 mcm to Israeli users, from the Gilboa and Beisan springs, including from wells;
- 25 mcm to Palestinian users around Jenin;
- 17 mcm to Palestinian users from East Nablus springs;
- Total = 145 mcm.

Western Aquifer:

- 340 mcm used within Israel;
- 20 mcm to Palestinians;
- 2 mcm to Palestinians, from springs near Nablus;
- Total = 362 mcm.

All figures are average annual estimates.

The total annual recharge is 679 mcm.

Schedule 11 - The Gaza Strip

Pursuant to Article 40, Paragraph 25:

1. All water and sewage (hereinafter referred to as "water") systems and resources in the Gaza Strip shall be operated, managed and developed (including drilling) by the Council, in a manner that shall prevent any harm to the water resources.

2. As an exception to paragraph 1., the existing water systems supplying water to the Settlements and the Military Installation Area, and the water systems and resources inside them shall continue to be operated and managed by Mekoroth Water Co.

3. All pumping from water resources in the Settlements and the Military Installation Area shall be in accordance with existing quantities of drinking water and agricultural water. Without derogating from the powers and responsibilities of the Council, the Council shall not adversely affect these quantities. Israel shall provide the Council with all data concerning the number of wells in the Settlements and the quantities and quality of the water pumped from each well, on a monthly basis.

...

7. The Council shall take the necessary measures to ensure the protection of all water systems in the Gaza Strip.

8. The two sides shall establish a subcommittee to deal with all issues of mutual interest including the exchange of all relevant data to the management and operation of the water resources and systems and mutual prevention of harm to water resources.

9. The subcommittee shall agree upon its agenda and upon the procedures and manner of its meetings, and may invite experts or advisers as it sees fit.

[Omitted: Side letter - Bezeq]

Mexico - United States of America

24. Agreement of Cooperation Between the United States of America and the United Mexican States Regarding Pollution of the Environment Along the Inland International Boundary by Discharges of Hazardous Substances [San Diego, 18 July 1985][28]

The Government of the United States of America and the Government of the United Mexican States;

In recognition of Article 3 of the Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area;

Aware of the importance of preserving the environment along the joint inland international boundary;

Recognizing that pollution by hazardous substances causes or may cause damage to the environment along the joint inland boundary and may constitute a threat to the public health and welfare;

Have agreed as follows:

Article I

For the purpose of this Agreement:

(a) A "polluting incident" means a discharge or the threat of a discharge of any hazardous substance on one side of the inland international boundary of a magnitude which causes, or threatens to cause, imminent and substantial adverse effects on the public health, welfare, or the environment.

(b) "Environment" means the atmosphere, land, and surface and groundwater, including the natural resources therein, such as fish, wildlife forests, crop and rangeland, rivers, streams, aquifers and all other components of the ecosystem.

(c) "Hazardous substances" means elements and compounds which if discharged present or may present an imminent and substantial danger to the public health, welfare or the environment. according to the laws of each party and the determination of the Joint Response Team (JRT). The JRT and its responsibilities are defined in Appendix II.

(d) "Border area along the joint inland international boundary" means the non-maritime area which is the area situated 100 km on either side of the inland international boundary.

Article II

The Parties agree to establish the "United States-Mexico Joint Contingency Plan" (hereafter, "The Plan" regarding polluting incidents of the border area along the joint inland international boundary by discharges of hazardous substances. The object of the Plan is to provide cooperative measures to deal effectively with polluting incidents.

Article III

The Parties, consistent with their means, commit themselves to the development of response plans designed to permit detection of the existence or the imminent possibility of the occurrence of polluting incidents, within their respective areas and to provide adequate response measures to eliminate to the extent possible the threat posed by such incidents and to minimize any adverse effects on the environment and the public health and welfare.

Article IV

The coordinating authority for the Plan for the United States of America is the United States Environmental Protection Agency. The coordinating authority for the Plan for the United Mexican States is the Secretaria de Desarrollo Urbano y Ecologia.

Article V

The Parties will consult and exchange up-to-date information under the Plan.

Article VI

A joint response with respect to a polluting incident will be implemented upon agreement of the Parties in accordance with the plan. When a joint response is implemented, the measures necessary to respond to the polluting incident will also be determined by agreement of the Parties in accordance with the Plan.

[Omitted: Articles VII - VIII]

Article IX

Pursuant to this Agreement, the Parties may conclude specific arrangements for the solution of common problems in the border area.

Article X

The National Coordinators shall be responsible for the development of an implementation schedule and putting the Plan into effect.

[Omitted: Article XI]

...

Joint contingency plan

Appendix I

1. On-Scene Coordinator

1.1 As soon as the Agreement enters into force each party will designate, without waiting for a polluting incident to occur, officials responsible for exercising in its territory the functions and responsibilities described in Section 1.2. Said officials will have the title of "On-Scene Coordinator" (OSC). Each Party will also designate officials who will have advisory and liaison functions. Said officials will have the title of "Advisory and Liaison Coordinator" (ALC). Each Party will divide its territory into areas and will designate OSCs and ALCs for each of those areas,

1.2 The functions and responsibilities of the On-Scene Coordinator will be:

(a) To coordinate and direct measures related to the detection of polluting incidents;

(b) To coordinate and direct response measures;

(c) To authorize the use of dispersants and other chemical products in accordance with their respective laws and national policy, provided that such use:

(i) prevents or substantially reduces the risk to human life and health or the risk of fire;

(ii) prevents or reduces a threat to the environment; or

(iii) appears to be the most effective method to reduce the overall adverse effects of the polluting incident.

(d) To determine the facts concerning the polluting incident, including the nature, quantity and location of the pollutant, the direction and probable time of travel of the pollutant, the available resources and those required, and the potential impacts on public health an[sic] welfare and on the environment,

(e) To determine priorities and to decide when to initiate a joint response in accordance with this Agreement;

(f) To notify immediately the two Chairmen of the Joint Response Team (JRT) (see Appendix II) about every polluting incident which has occurred, or which is in imminent danger of occurring, which in the judgement of the OSC may require the initiation of a joint response.

(g) To recommend to the Chairman of the JRT of his country that he formally propose to the Chairman of the JRT of the other Party the initiation of the joint response envisaged in Article VI, for a specific pollution incident;

(h) To make detailed situation reports to the Joint Response Team (JRT) described in Appendix II about all aspects of the polluting incident and of the response operation.

[Omitted: Appendix II]

Niger - Nigeria

25. Agreement Between the Federal Republic of Nigeria and the Republic of Niger Concerning the Equitable Sharing in the Development, Conservation and Use of Their Common Water Resources [Maiduguri, 18 July 1990][29]

The Federal Republic of Nigeria and the Republic of Niger being the Contracting Parties to this Agreement.

Aware of the role which the orderly management of the scarce water resources they share along the common frontier plays in the economic and social development and well-being of their respective populations living on both sides of the frontier;

Anxious to foster sustained co-operation in the development, conservation and use of their shared water resources through the established mechanisms for bi-lateral co-operation;

Recognizing the need for the development, conservation and use of their shared water resources in an equitable manner, and the need to formulate principles therefore;

Mindful of their commitments under the Convention creating the Niger Basin Authority, concluded at Faranah on 21 November 1980, and under the Convention and Statutes relating to the Development of the Chad Basin, concluded at N'djamena on 22 May 1964;

Have agreed as follows:

Part I - Scope and purpose of these Articles

Article 1

1. These Articles shall govern the equitable development, conservation and use of the water resources in the river basins which are bi-sected by, or form, the common frontier between the Contracting Parties (hereinafter referred to as shared river basins).

2. The shared river basins to which this Agreement applies are:

(a) the Maggia/Lamido River Basin;
(b) the Gada/Goulbi of Maradi River Basin;
(c) the Tagwai/El Fadama River Basin; and
(d) the lower section of the Komadougou-Yobe River Basin, and each River Basin shall be defined by reference to the Maps(annexed to, and forming an integral part of, this Agreement.

3. Subject to the provisions of Article 9, a reference to the shared river basins shall include a reference to underground waters contributing to the flow of surface waters.

Part II - Rights and duties of Contracting Parties

Article 2

Each Contracting Party is entitled, within its territory, to an equitable share in the development, conservation and use of the water resources in the shared river basins.

Article 3

1. The Contracting Parties undertake to collect, process and provide at regular intervals the Nigeria-Niger Joint Commission for Co-operation with all the data and information which, in the opinion of the Commission, are needed to arrive at equitable sharing determinations, and to monitor the continued viability thereof.

2. At the request of the Commission, the Contracting Parties shall:

(a) install in their territory the required measuring equipment, and protect such equipment from interference; and

(b) permit and facilitate inspections by the Commission of such equipment.

Article 4

The Contracting Parties undertake to inform and consult with the Nigeria-Niger Joint Commission for Co-operation in advance of undertaking any project, programme or plan for the implementation of agreed upon equitable sharing determinations, or likely to have an appreciable impact on any such determination.

Part III - Equitable sharing determinations

Article 5

1. In determining the equitable share to which each Contracting Party is entitled pursuant to Article 2, the following factors shall be taken into account:

(a) the climate of the region, and its influence on rainfall patterns;

(b) rainfall patterns, and their influence on surface hydrology, and related hydro-geology;

(c) surface hydrology and related hydro-geology;

(d) existing uses of the waters;

(e) reasonable planned water development requirements;

(f) the economic and social development needs of the Contracting Parties;

(g) the dependence of local populations on the waters in question for their own livelihood and welfare;

(h) the availability of alternative sources of water to satisfy competing water demands;

(i) the practicability of compensations either in cash or in kind one or the other Contracting Party as a means of adjusting competing water demands;

(j) maintaining an acceptable environmental balance in and around a particular body of water;

(k) the avoidance of unnecessary waste in the utilization of waters, with due regard for the technological and financial capabilities of each Contracting Party;

(l) the proportion in which each Contracting Party contributes to the water balance of the basin.

2. Each factor is to be given the weight warranted by the circumstances peculiar to each individual river basin, or group of basins, and all factors so weighted are to be considered together and a determination arrived at on the basis of the whole.

Article 6

A water use existing at the time an equitable sharing determination is made shall take precedence over a future use, provided the existing use is beneficial to both Contracting Parties and reasonable under the circumstances.

Article 7

A water use existing at the time an equitable sharing determination is made shall take precedence over a competing existing use which came into being later in time, provided that:

(a) the use prior in time is beneficial to both Contracting Parties and reasonable under the circumstances; and

(b) the weighting of the factors under Article 5 does not warrant accommodation of the later use, in whole or in part.

Article 8

A water use shall be deemed an existing use within the meaning and for the purposes of Article 6 and 7 by reference to, and within the limits of, the amount of water which has been put to a beneficial use from the date of inception of construction or comparable acts of implementation to the date of entry into force of this Agreement.

Article 9

Groundwater resources shall not be accounted for the purpose of equitable sharing determination unless:

(a) such resources are part of shared river basins within the meaning of Article 1, paragraph (3); or

(b) such resources lie in whole or only in part within the shared river basins and are bi-sected by the common frontier between the Contracting Parties.

Article 10

Agreed upon equitable sharing determination shall be binding for the Contracting Parties. They may however be opened up for review by the commission at the request of either Party.

Part IV - Institutional arrangements

Article 11

The Nigeria-Niger Joint Commission for co-operation (hereinafter referred to as the Commission) shall monitor the implementation of the provisions of this Agreement.

Article 12

1. A Permanent Technical Committee of Water Experts (hereinafter referred to as the Committee) composed of an equal number of representatives from the Contracting Parties, shall be established to assist the Commission in the discharge of its responsibilities under Article 11. The Contracting Parties will endeavour to ensure that the respective members of the Committee hold office for a minimum duration of four consecutive regular sessions.

2. The Committee shall meet once every four months, and at the request of the Commission as the need arises.

3. The Chairmanship of the Committee shall rotate between the Contracting Parties at each regular session which shall be held alternately in Nigeria and Niger.

4. Subject to the provisions of this Article and of Article 14, the Committee shall have the power to determine its own rules of procedure after the coming into effect of this Agreement, and from time to time.

Article 13

It shall be the duty of the Committee to:

(a) prepare for approval by the Contracting Parties through the Commission schemes for the equitable sharing in the development, conservation and use of the shared river basins;

(b) monitor the performance of agreed upon equitable sharing schemes, and to recommend to the Commission any adjustments deemed necessary;

(c) recommend to the Commission for the adoption by the Contracting Parties measures called for by emergency situations related to, or stemming from, agreed upon equitable sharing scheme; and

(d) advise the Commission on any difference concerning the interpretation or implementation of equitable sharing determinations made pursuant to this Agreement.

Article 14

Recommendations by the Committee shall be adopted by consensus.

Part V - Special provisions for the Gada/Goulbi of Maradi river basin

Article 15

The Contracting Parties shall inform the Niger Basin Authority of agreed upon equitable sharing determinations concerning the Gada/Goulbi of Maradi river basin, including any subsequent adjustments thereof, and any plans, projects and programme for the implementation of such determinations.

Part VI - Special provisions for the Komadougou-Yobe river basin

Article 16

1. The Contracting Parties shall inform the Lake Chad Basin Commission of agreed upon equitable sharing determinations concerning the lower section of the Komadougou-Yobe river basin as defined under Article 1 (hereinafter referred to as Komadougou-Yobe shared river basin), including any subsequent adjustments thereof, and any plans, projects and programmes for the implementation of such determinations.

2. The Contracting Parties shall further inform and consult with the Lake Chad Basin Commission prior to undertaking any hydraulic works for the implementation of agreed upon equitable sharing determinations concerning the Komadougou-Yobe shared river basin, to the extent that such works are likely to have an appreciable effect on the flow of surface and underground waters in the Lake Chad Conventional Basin as delimited pursuant to Article 2 of the Statutes Relating to Development of the Chad Basin, done at N'djamena on 22 May 1964.

[Omitted: Part VII - Settlement of disputes, Part VIII - Final provisions]

...

Spain - Portugal

26. Agreement on Cooperation for the Protection and Sustainable Use of the Waters of the Spanish-Portuguese Hydrographic Basins [Albufeira, 30 November 1998][30]

Preamble

The Kingdom of Spain and the Republic of Portugal, inspired by the traditional spirit of friendship and cooperation between the two nations, desiring to extend further the close relations between the two States, strengthened in particular by European solidarity,

Aware of the mutual benefits of the implementation of the agreements in force and resolved to improve the legal regime relating the Spanish-Portuguese hydrographic basins by establishing more intensive cooperation,

Within the framework of international and Community law on the environment and on the sustainable use of water and the Treaty of friendship and cooperation between Spain and Portugal of 22 November 1977,

Seeking a balance between the protection of the environment and the use of the water resources necessary for the sustainable development of both countries,

Intending to work together to guard against the risks that might affect the waters or be caused by them in the Spanish-Portuguese hydrographic basins,

Determined to protect the aquatic and terrestrial ecosystems under their authority,

Aware of the need to coordinate their respective efforts towards improved knowledge of and management of the waters of the Spanish-Portuguese hydrographic basins,

Have agreed as follows:

Part I - General provisions

Article 1 - Definitions

1. For the purposes of this Agreement, the Parties have adopted the following definitions:

(a) "Agreement" means the Agreement on cooperation for the protection and sustainable use of the waters of the Spanish-Portuguese hydrographic basins;

(b) "Hydrographic basin" means the land area from which all the surface runoff flows through a series of streams, rivers and, in some cases, lakes towards the sea, entering it through a single river mouth, an estuary or a delta, and also associated groundwater;

(c) "Transborder waters" means all the surface waters and groundwater that mark, cross or are situated on the border between the two States; should they flow directly into the sea, the boundary in respect of such waters shall be that established by an agreement between the Parties;

(d) "Transborder impact" means any significant adverse effect on the environment resulting from an alteration of the condition of the transborder waters in an area under the jurisdiction of one of the Parties as a result of human activity the physical origin of which is situated totally or partially in an area under the jurisdiction of the other Party. Effects on the environment include any that affect human health and safety or flora, fauna, ground, air, water, climate, landscape, historic monuments or other physical structures or the interaction between such factors; they also include any effects on the cultural heritage or on socio-economic conditions resulting from the alteration of such factors;

(e) "Sustainable use" means use that allows the needs of the present generation to be satisfied without compromising the capacity of future generations to satisfy their needs;

(f) "Conference" and "Commission" mean the joint organs for cooperation between the Parties established by article 20;

...

2. Any other definition or element that is relevant to this Agreement and that is contained in the international law in force between the Parties or in Community law, shall be understood in accordance with such law.

Article 2 - Object

1. The object of this Agreement is to define the framework for cooperation between the Parties for the protection of the surface waters and groundwater and the aquatic and terrestrial ecosystems that directly depend on them and for the sustainable use of the water resources of the hydrographic basins referred to in article 3, paragraph 1.

2. In undertaking this cooperation, the Parties shall observe the provisions of this Agreement and the principles and provisions of the applicable international and Community law.

Article 3 - Sphere of application

1. The Agreement shall apply to the hydrographic basins of the rivers Miño, Limia, Douro, Tagus and Guadiana.

2. The Agreement shall apply to activities designed to promote and protect the satisfactory condition of the waters of these hydrographic basins and current or projected activities for the use of water resources, particularly those that have or might have a transborder impact.

Article 4 - Cooperation goals and mechanism

1. The Parties shall coordinate actions to promote and protect the satisfactory condition of the surface waters and groundwater of the Spanish-Portuguese hydraulic basins, those relating to the sustainable use of such waters and those that contribute to mitigating the effects of floods and situations of drought or scarcity.

2. In order to attain the goals defined in paragraph 1, the Parties shall establish a cooperation mechanism with the following characteristics:

(a) Regular and systematic exchange of information on the matters covered by the Agreement and also related international initiatives;

(b) Consultations and activities within the bodies established by the Agreement;

(c) Individual or joint adoption of the technical, legal, administrative or other measures necessary for the application and implementation of this Agreement.

Part II - Cooperation between the Parties

Article 5 - Exchange of information

1. Through the Commission, the Parties shall proceed to exchange available information regularly and systematically on the matters covered by this Agreement and data and records relating to it, in particular on:

(a) Management of the waters of the hydrographic basins defined in article 3, paragraph 1;
(b) Activities that may have a transborder impact on them.

2. The Parties shall exchange information on legislation, organizational structures and administrative practices in order to increase the effectiveness of the Agreement.

3. Should one of the Parties request the other to provide information that it does not have, the requested Party shall endeavour to comply with the request.

4. The data and records indicated in the preceding paragraphs include those referred to in Annex I and shall be periodically reviewed and updated.

Article 6 - Information for the public

1. In accordance with Community law, the Parties shall create the conditions to make available to anyone who submits a reasonable application the requested information on matters covered by this Agreement.

2. The preceding provision shall not affect the right of the Parties to reject such application on the basis of the provisions of national law, Community law or international law, when the information requested might affect:

(a) National security;
(b) The confidentiality of procedures carried out by public authorities;
(c) The international relations of the State;
(d) The general security of the population;
(e) The confidentiality of legal proceedings;
(f) Commercial or industrial confidentiality;
(g) Protection of the environment, in view of the risk of misuse of such information.

3. The information received by the Parties under the preceding article may be transmitted to the public in accordance with the preceding paragraphs of this article.

Article 7 - Information to the Commission

1. The Parties shall provide the Commission with all the information it needs to fulfill its terms of reference and responsibilities, particularly with regard to:

(a) The identification of entities to participate in cooperation activities in the matters covered by the Agreement;

(b) How the activities provided for in the Agreement are implemented nationally;

(c) The activities provided for in article 3, paragraph 2.

2. The Parties shall prepare an annual report on developments in the situation with regard to the matters covered by the Agreement and the status of national implementation of the actions provided for by the Agreement, to be transmitted to the Commission.

Article 8 - Consultations on transborder impacts

1. Whenever a Party considers that any of the projects or activities provided for in article 3, paragraph 2, of this Agreement to be implemented in its territory has or may have a transborder impact, it shall duly notify the other Party immediately, transmitting the pertinent information.

2. If a Party considers that a project or activity established in article 3, paragraph 2 has or may have a transborder impact and it has not been duly notified, it may request the information it considers necessary from the other Party, providing supporting evidence.

3. The Parties shall proceed to hold consultations, upon notification as provided for in the preceding paragraphs, once it has been established that there are sufficient indications that any of the projects or activities referred to in article 3, paragraph 2, has or may have a transborder impact.

4. These consultations shall be held within the Commission within a period of six months, which may be extended for a similar period by mutual agreement, with a view to finding a solution that ensures the prevention, elimination, mitigation or control of the impact. Where appropriate, the manner of reparation for liability shall be established in accordance with the provisions of applicable international and Community law. In such circumstances, the period specified above may be extended twice.

5. Should the Parties not reach agreement within the Commission within the period provided for in the preceding paragraph, the provisions of article 26 of this Agreement shall apply.

6. When, during the consultation procedure referred to in the preceding paragraphs, the Parties establish the existence of a transborder impact, they shall suspend the implementation of the project, totally or partially, during a period to be mutually decided, unless agreement is reached to the contrary within a period of two months; similarly, in the case of activities that are under way, the Parties shall abstain from implementing any measures that might aggravate the situation.

7. If the suspension of the project or abstention from implementing measures referred to in the preceding paragraph might irreparably endanger the protection of public health or safety, or any other relevant public interest, the interested Party may proceed to implement the project or to continue the activity without prejudice to possible liabilities.

Article 9 - Assessment of transborder impacts

1. The Parties shall adopt the necessary provisions to ensure that projects and activities covered by this Agreement which, owing to their nature, size and location, must be subjected to transborder impact assessment are so assessed before they are approved. They shall also adopt adequate measures to apply the assessment principles to plans and programmes that affect the activities provided for in article 3, paragraph 2, of this Agreement.

2. Within the Commission, the Parties shall identify the projects and activities which, owing to their nature, size and location, must be subjected to transborder impact assessment and also the procedures for conducting such assessment.

3. Until such time as the agreement referred to in the preceding paragraph is adopted, the projects or activities that must be submitted to transborder impact assessment and the procedures to be followed shall be those set forth in Annex II to this Agreement.

4. Within the Commission, the Parties shall determine those projects and activities whose effects must be continually monitored, owing to the possibility that they may produce a transborder impact because of their nature, size or location, and shall also determine the conditions and scope of such monitoring.

Article 10 - Other measures of cooperation between the Parties

1. For the purposes of the provisions of Part I, the Parties shall adopt, individually or jointly, the technical, legal, administrative and other measures that are necessary to:

(a) Achieve the satisfactory condition of the waters;

(b) Prevent the degradation of the waters and control pollution;

(c) Prevent, eliminate, mitigate or control transborder impacts;

(d) Ensure that the use of the water resources of the Spanish-Portuguese hydrographic basins is sustainable;

(e) Promote rationality and economy of use through common objectives and the co-ordination of plans and programmes of action;

(f) Prevent, eliminate, mitigate or control the effects of exceptional situations of drought and flooding;

(g) Prevent, eliminate, mitigate or control effects arising from incidents involving accidental pollution;

(h) Promote the security of infrastructures;

(i) Establish systems of control and assessment that allow the condition of the waters to be monitored using equivalent and comparable methods and procedures;

(j) Promote joint technological research and development activities with regard to the matters covered by the Agreement;

(l) [sic] Promote actions to verify compliance with the Agreement;

(m) Promote actions to enhance the effectiveness of the Agreement.

2. For each hydrographic basin, the Parties shall proceed to coordinate the management plans and the programmes of special or general measures, to be drawn up according to the provisions of Community law.

3. The actions or measures for the implementation of this Agreement may not result in a lower level of protection than the current conditions of transborder waters, except in situations and under the conditions provided for by Community law.

4. Any information on matters relating to this Agreement submitted to the European Commission or to another international organization by one of the Parties shall be notified simultaneously to the other Party.

Article 11 - Communication, early warning and emergency systems

1. The Parties shall establish or improve joint or coordinated communication systems to transmit early warning or emergency information, to prevent or correct the situation in question and to take pertinent decisions.

2. The information on early warning and emergency situations shall take into consideration conditions inherent in or arising from human activity that produce or may involve particular danger for persons, social, cultural or economic property, or the environment.

3. Within the framework of the Commission, the Parties shall provide information on the respective entities and, procedures for transmitting information on early warning and emergency situations and also on plans of action for such situations.

[Omitted: Article 12 - Infrastructure security]

Part III - Protection and sustainable use

Article 13 - Water quality

1. Within the Commission, the Parties shall proceed with regard to each hydrographic basin:

(a) To inventory, assess and classify transborder waters and any others that are likely to be altered by either Party, in terms of their quality, current and potential uses and interests from the perspective of nature conservation and also to define quality targets or standards for such waters in accordance with the applicable Community directives;

(b) To attribute special protection status, when appropriate, and to define the objectives of special protection for these waters.

2. In order to attain the objectives referred to in paragraph 1, the Parties shall, when necessary and by coordinating management plans and programmes of action, adopt adequate measures to:

(a) Prevent the degradation of surface waters and improve their quality in order to attain a satisfactory condition or, in the case of waters with hydrological regimes that have been modified by human or artificial actions, a satisfactory ecological potential;

(b) Prevent the degradation of groundwater and improve its quality in order to attain a satisfactory condition;

(c) Ensure compliance with all the quality targets and standards of waters classified under Community law as sources for the production of water for human consumption, areas for the protection of aquatic species of significant economic interest, vulnerable areas, at-risk areas, areas having a protected status and recreational areas, including bathing areas.

3. The objectives laid down in this article shall be achieved in accordance with the terms and time limits established in Community law.

Article 14 - Prevention and control of pollution

1. The Parties shall coordinate procedures for the prevention and control of pollution produced by limited or extensive emissions and shall adopt in their territory all measures deemed necessary to protect the transborder waters in accordance with Community law, in particular by establishing ceilings for emissions and quality targets for the surrounding environment.

2. Where relevant, the Parties shall coordinate the measures necessary to prevent, eliminate, mitigate and control the pollution from terrestrial sources of estuaries and adjacent territorial and marine waters in accordance with the jurisdictional competence of each State.

Article 15 - Water uses

1. The Parties recognize each other's right to the sustainable use of the water resources of the Spanish-Portuguese hydrographic basins and their obligation to protect them and to implement, in their respective territories, measures to prevent, eliminate, mitigate and control transborder impacts.

2. The use of the water resources of the Spanish-Portuguese hydrographic basins referred to in the preceding paragraph shall be carried out in a manner consistent with their unity, with the exceptions laid down in this Agreement.

3. The Parties shall adopt measures and actions to ensure rationality and economy in the use of the water resources and, through the Commission, shall coordinate the exchange of information about their respective experiences and projections.

4. Through the Commission, the Parties shall proceed to exchange information on forecasts for new uses of the waters of the Spanish-Portuguese hydrographic basins that might modify significantly their hydrological regime, on the basis of technical assessments and studies prepared in the context of the respective planning processes, taking into consideration the coordination of activities relating to the sustainable use of those waters.

[Omitted: Article 16 - Flows]

Part IV - Exceptional situations

Article 17 - Accidental pollution incidents

The Parties shall adopt measures designed to prevent incidents of accidental pollution and to limit their consequences for persons and the environment, so as to ensure, coherently and effectively, high levels of protection in the Spanish-Portuguese hydrographic basins.

[Omitted: Article 18 - Flooding]

Article 19 - Droughts and scarcity of resources

1. The Parties shall coordinate their actions to prevent and control situations of drought and scarcity, shall establish exceptional mechanisms to mitigate the effects thereof and shall define the nature of the exceptions to the general regime established in this Agreement, in particular, with regard to the satisfactory condition of the waters, in accordance with the applicable Community law.

2. The exceptional measures referred to in the preceding paragraph shall include:

(a) Conditions in which exceptional measures may be applied, including the use of indicators that permit an objective classification of situations of drought and scarcity;

(b) Measures to provide incentives for controlling and economizing water consumption;

(c) Specific rules for the use of available water resources in order to ensure community water supply;

(d) Management of infrastructures, particularly those which have a significant water storage capacity;

(e) Measures to reduce consumption and for monitoring compliance with them;

(f) Rules for the disposal of residual waters, harnessed and diverted waters and water from reservoirs.

3. The declaration of an exceptional situation shall be communicated by the affected Party to the other Party once it has been confirmed that the conditions referred to in paragraph 2 (a) of this article have been fulfilled.

4. The exceptional measures adopted by each Party and also the incidents that occur while the exceptional situation lasts shall be communicated as soon as possible to the Commission, which may issue the pertinent reports.

5. Within the Commission, the Parties shall conduct joint studies on situations of drought and scarcity in order to define measures to mitigate the effects thereof and shall define the criteria and indicators for the exceptional regime and the measures to be adopted in such situations. These criteria, indicators and measures shall be defined within a period of two years, which may be extended by special agreement.

6. In the absence of the above-mentioned criteria, indicators and measures, those set forth in the Additional Protocol and its Annex shall be adopted.

Part V - Institutional Provisions

Article 20 - Cooperation bodies

For the purpose of the attainment of the objectives of this Agreement, the "Conference of the Parties" and the "Commission for the Application and Implementation of the Agreement" shall be established.

[Omitted: Article 21 - The Conference of the Parties, Article 22 - Structure, terms of reference and responsibilities of the Commission for the Application and Implementation of the Agreement, Article 23 - Operation and decisions of the Commission; Part VI - Final Provisions: Article 24 - Questions relating to rights that may be affected, Article 25 - Invitation to hold consultations, Article 26 - Settlement of disputes, Article 27 - Validity of the provisions of previous Spanish-Portuguese agreements, Article 28 - Uses not covered by the 1964 and 1968 Agreements, Article 29 - Dissolution of the International Rivers Commission, Article 30 - Annexes and Additional Protocol, Article 31 - Amendments, Article 32 - Validity, Article 33 - Denunciation, Article 34 - Authentic texts, Article 35 - Entry into force]

...

Annex I - Exchange of information

1. In the case of each of the hydrographic basins referred to in article 3, paragraph 1, of the Agreement, the Parties shall exchange records and databases making it possible to monitor management of the transborder waters, in particular:

(a) Data on concessions, authorizations, licences or other rights of use of a private nature of both surface waters and groundwater, in accordance with the respective national legislation;

(b) Representative data on pluviometry, meteorology, hydrometry, piezometric and water quality levels, and also data on the status of reservoirs with a capacity in excess of 5 hm3;

...

2. In the case of each of the hydrographic basins referred to in article 3, paragraph 1 of the Agreement, the Parties shall exchange records, databases and studies concerning activities liable to cause transborder impacts, which shall include, in particular:

(a) Identification and calculation of discharges of an isolated nature of urban, industrial, agricultural or any other type, particularly those involving any of the substances referred to in paragraph 8 of this Annex;

(b) Identification and calculation of direct on-site discharges of urban, industrial, agricultural or any other type which might produce widespread pollution, particularly those involving any of the substances referred to in paragraph 8 of this Annex;

(c) Identification of waters intended for the production of drinking water, sensitive areas (in accordance with Directive 91/271/EEC), vulnerable zones (in accordance with Directive 91/676/EEC), zones for the protection of aquatic species of economic interest, areas with special protection status under Community law and recreation zones, including bathing areas;

(d) Information on programmes of measures for the implementation of water quality directives;

(e) Summary of significant pressures and impacts of human activities on the status of surface waters and groundwater.

3. The Parties shall exchange available information on methodology, studies and data on the ecological conditions of the waters and best environmental practices.

4. The procedures established in the applicable Community directives shall be followed for the purpose of obtaining the information referred to in the preceding paragraphs.

5. It shall be understood that the information referred to in the preceding paragraphs extends to all the national territory of each hydrographic basin referred to in article 3, paragraph 1, of the Agreement, without prejudice to the Commission's right to restrict this geographical scope, taking into account the modes of acquiring and the importance of such information in relation to the management objectives for transborder waters.

6. The data referred to in the preceding paragraphs shall be reviewed and, when appropriate, updated.

7. The Parties shall take the appropriate measures to ensure that the information is homogeneous and comparable within a period of five years.

8. The list of polluting substances referred to in paragraph 2 of this Annex as subject to special monitoring is as follows:

(a) Organo-halogenic compounds and substances that can give rise to compounds of this type in an aquatic environment;

(b) Organo-phosphoric compounds;

(c) Organo-stannic compounds;

(d) Substances and preparations with demonstrated carcinogenic or mutagenic properties or properties that can demonstrably affect reproduction in or through an aquatic environment;

(e) Persistent hydrocarbons and persistent and bioaccumulative toxic organic substances;

(f) Cyanides;

(g) Metals and their compounds;

(h) Arsenic and its compounds;

(i) Biocides and phytosanitary products;

(j) Matter in suspension;

(l) [sic] Substances that contribute to eutrophication (particularly nitrates and phosphates);

(m) Substances that have a negative influence on the oxygen balance (measurable by parameters such as BOD, COD).

Annex II - Transborder impact

1. When assessing transborder impact, each Party shall take into consideration the provisions of Community directives relating to the assessment of environmental impact, in particular Directives 85/337/EEC and 97/11/EEC and the amendments thereto and the norms of international law in force between the Parties. The transborder impact assessment shall be conducted in accordance with national legislation on environmental impact assessment and shall be submitted to the competent authority of the Party where the project or activity that is causing or may cause an impact is located; the other Party shall be kept informed about the procedure on an ongoing basis.

2. Within the Commission, and at the start of the transborder impact assessment procedure, the Parties shall agree on a reasonable period of no less than two months in which it is to be conducted, provided that such period is not laid down in the applicable national legislation.

3. The projects or activities, including their respective extensions, specified in paragraph 4 of this Annex, shall be submitted to a transborder impact assessment when one of the following situations is confirmed:

(a) Their distance from the frontier section, either upstream or downstream, is less than 100 kilometres, measured on the hydrographical network, unless there is a specific indication to the contrary;

(b) Alone or in combination with other existing projects or activities, they result in a significant change in the flow regime;

(c) They result in discharges that contain any of the substances referred to in Annex I, paragraph 8.

4. The following are the projects and activities referred to in paragraph 3 of this Annex:

(a) Installations for industrial use, the production of energy or mining liable to have an environmental impact on transborder waters;

(b) Pipelines for transporting petroleum or chemical products, depending on their capacity and the risk of dispersion to the border;

(c) Installations for the storage of hazardous or radioactive products or for the elimination of waste, depending on their capacity and the risk of dispersion to the border;

...

(g) Large-scale abstractions of groundwater, whatsoever its use and destination, inside or outside the basin, which are carried out either for individual projects or for well-fields with a unit exploitation, starting at 10 hm3/year;

(h) Artificial groundwater recharge schemes when the total recharge volume per aquifer exceeds 10 hm3/year;

...

(m) Deforestation work that affects a surface area of 500 ha or more.

...

[Omitted: Additional Protocol - Flow regime]


[21] Official Journal of the European Union L 90, 5.4.1990, p. 20.
[22] TIAS No. 11551. Entry into force 18 November 1987. The text reproduced here consists of two parts. The Preamble is the Preamble of the 1987 Protocol. The balance of the text is the 1978 Agreement as amended in 1983 and by the 1987 Protocol.
[23] FAOLEX (FAO legal database online). The Memorandum of Agreement specifically concerns the Abbotsford/Sumas Aquifer. It is an appendix to the Memorandum of Understanding between the State of Washington Department of Ecology and the British Columbia Ministry of Environment, Land & Parks (12 April 1996). The Memorandum of Agreement is not intended to constitute a contractually binding relationship between the parties, see 4.01.
[24] Not available to the editors.
[25] Not available to the editors.
[26] 34 ILM 43 (1995).
[27] 36 ILM 551 (1997).
[28] TIAS No. 11269. This Agreement is Annex II to the Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area (La Paz, 14 August 1983).
[29] FAOLEX (FAO legal database online). Reprinted in: FAO, Treaties Concerning the Non-Navigational Uses of International Watercourses – Africa, Legislative Study No. 61, Rome, 1997, p. 219.
[30] 2099 UNTS 275, English translation, p. 347. Entry into force 17 January 2000.

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