On the accession of the Republic of Kazakhstan to the Convention on the Transboundary Effects of Industrial Accidents
The Law of the Republic of Kazakhstan dated October 23, 2000 N 91-II.
The Republic of Kazakhstan to accede to the Convention on the Transboundary Effects of Industrial Accidents, concluded in Helsinki (Finland)
March 17, 1992.
President
Republic of Kazakhstan
The Convention
on the transboundary impact
industrial accidents
Helsinki, March 17th, 1992
The preamble
The Parties to this Convention:
- considering the special importance of protecting people and the environment from the effects of industrial accidents in the interests of present and future generations,
- Recognizing the importance and urgency of preventing the serious harmful effects of industrial accidents on people and the environment and promoting all measures that promote the rational, environmentally sound and effective use of accident prevention, preparedness and response measures in order to achieve environmentally sound and sustainable economic development,
- considering that the harmful effects of industrial accidents can be felt beyond borders and require cooperation between States,
- Affirming the need to promote active international cooperation between interested States before, during and after an accident in order to strengthen appropriate policies, as well as strengthen and coordinate actions at all appropriate levels to prevent industrial accidents, ensure preparedness for them and eliminate their transboundary effects,
- Noting the importance and usefulness of bilateral and multilateral measures to prevent, prepare for and eliminate industrial accidents,
- Aware of the role played in this area by the United Nations Economic Commission for Europe (ECE) and recalling, inter alia, the ECE Code of Conduct for Accidental Pollution of Transboundary Inland Waters and the Convention on Environmental Impact Assessment in a Transboundary Context,
- Bearing in mind the relevant provisions of the Final Act of the Conference on Security and Co-operation in Europe (CSCE), the Outcome Document of the Vienna Meeting of Representatives of the CSCE Participating States and the results of the Sofia Meeting of the CSCE Participating States on Environmental Protection, as well as relevant activities and mechanisms of the United Nations Environment Programme, in particular the APELL programme, International Labour OrganizatBearing in mind the relevant provisions of the Final Act of the Conference on Security and Co-operation in Europe (CSCE), the Outcome Document of the Vienna Meeting of Representatives of the CSCE Participating States and the results of the Sofia Meeting of the CSCE Participating States on Environmental Protection, as well as relevant activities and mechanisms of the United Nations Environment Programme, in particular the APELL programme, International Labour Organization (ILO), in particular, the Code of Measures for the Prevention of Large-scale Industrial Accidents and other relevant international organizations,
- Bearing in mind the relevant provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, according to which States, in accordance with the Charter of the United Nations and the principles of - Bearing in mind the relevant provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, according to which States, in accordance with the Charter of the United Nations and the principles of international law, have the sovereign right to develop their own resources based on their environmental policies and are responsible for ensuring that, to ensure that activities within their jurisdiction or control do not harm the environment of other States or areas beyond their nag in mind the relevant provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, according to which States, in accordance with the Charter of the United Nations and the principles of international law, have the sovereign right to develop their own resources based on their environmental policies and are responsible for ensuring that, to ensure that activities within their jurisdiction or control do not harm the environment of other States or areas beyond their national jurisdiction,
- taking into account the "polluter pays" principle as a principle of international environmental law,
- Emphasizing the principles of international law and custom, in particular, the principles of good neighborliness, reciprocity and goodwill, agreed as follows:
Article 1
Definitions
For the purposes of this Convention:
(a) "Industrial accident" means an event resulting from uncontrolled changes in the course of any activity involving hazardous substances, or:
1) at an industrial facility, during production, use, storage, relocation or disposal; or
2) during transportation, to the extent covered by paragraph 2 (d) of article 2;
(b) "Hazardous activity" means any activity in which one or more dangerous substances are present or may be present in quantities equal to or exceeding the limits listed in annex I to this Convention and which is likely to lead to transboundary effects;
(c) "Impact" means any direct or indirect, immediate or temporary, harmful consequences of an industrial accident, in particular for:
I. people, flora and fauna;
II. soil, water, air and landscape;
III. the relaII. the relationship between the factors mentioned in sub-paragraphs I and II;
IV. tangible assets and cultural heritage, including historical monuments;
(d) "Transboundary impact" means a serious impact within the jurisdiction of a Party as a result of an industrial accident occurring within the jurisdiction of the other Party;
f) "Operator" means any natural or f) "Operator" means any natural or legal person, including government authorities, responsible for carrying out any activity, for example, under whose supervision this or that activity is carried out, who plans to carry out or carries out any activity;
(f) "Party", unless otherwise specified in the text, means a Contracting Party to this Convention.;
(g) "Party of origin" means any Party or Parties within whose jurisdiction an industrial accident has occurred or is likely to occur;
(h) "Affected Party" means any Party or Parties that is or may be affected by the transboundary effects of an industrial accident;
(i) "Interested Parties" means any Party of origin and any affected Party;
(j) "Public" means one or more natural or legal persons.
Article 2
Scope of the Convention
1. This Convention applies to industrial accidents, preparedness fo This Convention applies to industrial accidents, preparedness for them and elimination of the consequences of accidents that may lead to transboundary impacts, including those caused by natural disasters, as well as to international cooperation concerning mutual assistance, research and development, exchange of information and technology in the field of industrial accident prevention, ensuring preparedness for them and elimination of their consequences.
2. This Convention does not apply to:
a) nuclear accidents or emergencies related to radioactive contamination;
(b) Accidents caused by activities at military installations;
(c) Destruction of dams, except for the effects of industrial accidents caused by such destruction;
d) accidents on land transport, except for:
1) transportation operations at an industrial site where dangerous activities are carried out;
(e) Accidental releases of genetically modified organisms;
(f) Accidents resulting from activ(f) Accidents resulting from activities in the marine environment, including exploration or exploitation of the seabed;
g) spills of oil or other harmful substances in the sea.
Article 3
General provisions
1. The Parties, taking into account the efforts already made at the national and international levels, shall take appropriate measures and. The Parties, taking into account the efforts already made at the national and international levels, shall take appropriate measures and cooperate within the framework of this Convention in order to protect people and the environment from industrial accidents by preventing such accidents as far as possible, reducing their frequency and severity and mitigating their impact. To this end, measures are being taken to prevent accidents, ensure preparedness for them and eliminate their consequences, including remedial measures.
2. The Parties, through the exchange of information, consultations and other joint measures, shall develop and implement, without undue delay, policies and strategies to reduce the risk of industrial accidents and improve measures to prevent, prepare for and eliminate their consequences, including remedial measures, while taking into account efforts already being undertaken at the national and international levels, with to avoid unnecessary duplication.
3. The Parties shall ensure that the operator is required to take all necessary measures to eliminate the risk of dangerous activities and prevent industrial accidents.
4. In order to implement the provisions of this Convention, the Parties shall take appropriate legislative, regulatory, administrative and financial measures to prevent accidents, ensure preparedness for them and eliminate their consequences.
5. The provisions of this Convention are without prejudice to any obligations of the Parties in accordance with international law in relation to industrial accidents and hazardous activities.
Article 4
Identification of hazardous activities, consultations and advisory opinions
1. In order to take preventive and preparedness measures, the Party of origin shall, if necessary, take measures to identify hazardous activities within its jurisdiction and ensure that the Affected Parties are notified of any such planned or ongoing activities.
2. The Parties concerned, at the initiative of any such Party, shall consult on the identification of such hazardous activities for which there is reason to believe that they may cause transboundary effects. If the Parties concerned do not agree on whether an activity is a dangerous activity, any such Party may, unless the Parties Concerned have agreed on another way to resolve the issue, refer the matter to the inquiry commission in accordance with the provisions of annex II to this Convention for an advisory opinion on the matter.
3. With respect to planned or ongoing activities, the Parties shall apply the procedures set out in annex III to this Convention.
4. In cases where a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context, and such an assessment includes an analysis of the transboundary effects of industrial accidents that have occurred in connection with hazardous activities carried out in accordance with the provisions of this Convention, the final decision taken for the purposes of the Convention on environmental impact assessment in a transboundary context must comply with the relevant requirements of this Convention.
Article 5
Voluntary extension of the action
Interested Parties should, at the initiative of any of them, hold discussions on whether a particular activity not covered by Annex I should be considered a hazardous activity. In case of mutual agreement, they may use any consultative mechanism of their choice, and in case of disagreement, the inquiry commission in accordance with annex II to obtain an appropriate clarification. In the event that the Parties Concerned reach agreement on this issue, this Convention or any part thereof shall apply to these activities as if they were hazardous activities.
Article 6
Prevention
1. The Parties shall take appropriate measures to prevent industrial accidents, including measures encouraging operators to take actions to reduce the risk of industrial accidents. Such measures may include, but are not limited to, the measures listed in annex IV to this Convention.
2. With respect to any hazardous activity, the Party of origin requires the operator to demonstrate the safety of carrying out any activity by providing information such as the basic data in the process, including, but not limited to, the analysis and assessment provided for in Annex V to this Convention.
Article 7
Making placement decisions
Within the framework of its legal system, the Party of origin, in order to minimize the risk to the public and the environment of all Affected Parties, takes measures to formulate policies on the placement of new and significant modifications to existing facilities where dangerous activities have been carried out. Within the framework of their legal systems, the Affected Parties shall take measures to formulate policies in the field of significant measures in areas that may be affected by the transboundary impact of an industrial accident resulting from hazardous activities in order to minimize the associated risk. When developing and shaping such a policy, the Parties should consider the issues set out in paragraphs 1-8, paragraph 2, of Annex VI to this Convention.
Article 8
Emergency preparedness
1. The Parties shall take appropriate measures to ensure and maintain appropriate emergency preparedness in order to eliminate the consequences of industrial accidents. The Parties shall ensure that preparedness measures are taken to offset the transboundary impact of such accidents, while activities within the industrial site are carried out by operators. These measures may include, but are not limited to, the measures referred to in annex VII to this Convention. In particular, Stakeholders inform each other about their contingency plans.
2. With regard to hazardous activities, the Party of origin ensures the preparation and implementation of contingency plans at the industrial site, including the adoption of appropriate measures to eliminate the consequences of an accident and other measures to prevent and minimize transboundary impacts. The Party of origin ensures that other stakeholders are provided with the elements available to them for the development of contingency plans.
3. With regard to hazardous activities, each Party shall ensure the preparation and implementation of contingency plans outside the industrial site, providing for measures to be taken within its territory in order to prevent and minimize transboundary impacts. The preparation of these plans takes into account the results of the analysis and evaluation, in particular the issues referred to in paragraphs 1-5 of paragraph 2 of annex V. Stakeholders strive to ensure the compatibility of such plans. If necessary, joint contingency plans are being developed outside the industrial site to facilitate the adoption of appropriate measures to eliminate the consequences of an accident.
4. Contingency plans should be reviewed regularly or, if circumstances require it, taking into account the experience gained in dealing with the consequences of past emergencies.
Article 9
Information for the public and its participation
1. The Parties shall ensure that adequate information is provided to the public in areas that may be affected by an accident resulting from hazardous activities. This information shall be transmitted through such channels as the Parties Concerned consider appropriate and shall include the elements contained in Annex VIII to this Convention, taking into account the issues referred to in paragraphs 1-4 and 9 of paragraph 2 of annex V.
2. The Party of origin, in accordance with the provisions of this Convention, and whenever possible and necessary, shall provide the public in areas that may be affected with the opportunity to participate in appropriate procedures to express their views and concerns on accident prevention and preparedness measures, and shall ensure that the public of the Affected Party is provided with the opportunity, without an equivalent opportunity available to the public of the Party of origin.
3. In accordance with their legal systems and, if desired, on the basis of reciprocity, the Parties shall provide individuals or legal entities who experience or may experience the harmful transboundary effects of an industrial accident on the territory of a Party with equal access to relevant administrative and judicial procedures and equal treatment under these procedures, including the possibility of initiating a court case and the filing of an appeal in connection with a decision affecting their rights, as well as to persons within their own jurisdiction.
Article 10
Industrial accident notification systems
1. The Parties shall ensure the establishment and operation of compatible and effective accident notification systems at appropriate levels for the purpose of receiving and transmitting industrial accident notifications containing information necessary to counteract transboundary impacts.
2. In the event of an industrial accident that has or is likely to have a transboundary impact, the Party of origin ensures that the Affected Parties at appropriate levels are promptly notified of this through industrial accident notification systems. Such notification shall include the elements contained in Annex IX to this Convention.
3. The Parties concerned shall ensure that, in the event of an industrial accident or imminent threat thereof, contingency plans prepared in accordance with Article 8 are implemented as soon as possible and to the extent appropriate.
Article 11
Elimination of the consequences of accidents
1. In the event of an industrial accident or its imminent threat, the Parties shall ensure that adequate measures are taken as soon as possible to eliminate the consequences, using the most effective methods to limit or minimize the impact.
2. In case of occurrence or imminent threat of an industrial accident that has or may have a transboundary impact, the Parties Concerned shall take measures to conduct an impact assessment, if necessary jointly, in order to take adequate measures to eliminate the consequences of the accident. The interested Parties shall make efforts to coordinate the measures they take to eliminate the consequences of the accident.
Article 12
Mutual assistance
1. If any Party needs assistance in the event of an industrial accident, it can request it from other Parties, specifying the size and type of assistance required. The Party to whom the request for assistance is addressed shall immediately make a decision and inform the requesting Party whether it can provide the required assistance, as well as indicate the amount and conditions of assistance that can be provided.
2. The Parties concerned shall cooperate in order to facilitate the immediate provision of assistance agreed in accordance with paragraph 1 of this Article, including, if necessary, actions aimed at minimizing the consequences and impacts of an industrial accident, as well as to provide general assistance. In cases where no bilateral or multilateral agreements have been concluded between the Parties covering the measures provided for by them for the provision of mutual assistance, such assistance shall be provided in accordance with Annex X to this Convention, unless otherwise agreed by the Parties.
Article 13
Responsibility
The Parties support relevant international efforts to develop standards, criteria and procedures in the field of responsibility.
Article 14
Research and development
The Parties, as necessary, make proposals and cooperate in the field of research and development on methods and technologies for preventing industrial accidents, ensuring preparedness for them and eliminating their consequences. To this end, the Parties shall promote and actively develop scientific and technical cooperation, including research in the field of less hazardous processes to limit the hazards associated with accidents and to prevent and limit the consequences of industrial accidents.
Article 15
Information exchange
The Parties shall exchange available information at the multilateral and bilateral levels, including the elements contained in Annex XI to this Convention.
Article 16
Technology exchange
1. The Parties, based on their laws, regulations and tactics, shall promote the exchange of technology in order to prevent, prepare for and eliminate industrial accidents, in particular by facilitating:
a) exchange of available technology on various financial basis;
b) Direct industrial relations and cooperation;
(c) Exchange of information and experience;
(d) Providing technical assistance.
2. In facilitating the types of activities listed above in subparagraphs (a) to (d) of paragraph 1 of this Article, the Parties shall create favorable conditions by facilitating contacts and cooperation between relevant organizations and individuals in both the private and public sectors that can provide technology, design services, equipment or financial resources..
Article 17
Competent authorities and points of contact
1. Each Party shall designate or establish one or more competent authorities for the purposes of this Convention.
2. Without prejudice to other arrangements reached at the bilateral or multilateral level, each Party shall designate or establish one point of contact for mutual assistance purposes in accordance with Article 12. Preferably, these functions are performed by the same point of contact.
3. Each Party shall, within three months from the date of entry into force of this Convention in respect of that Party, inform the other Parties, through the secretariat referred to in Article 20, which authority or authorities have been designated by that Party as its point of contact and its competent authority or authorities.
4. Each Party shall, within one month from the date of the decision, inform the other Parties, through the secretariat, of any changes regarding the appointments it has made in accordance with paragraph 3 of this Article.
5. Each Party shall ensure the continuous operation of its point of contact and industrial accident notification systems in accordance with Article 10.
6. Each Party shall ensure the continuous operation of its point of contact and the authorities responsible, in accordance with Article 12, for sending and receiving requests for assistance and accepting such offers.
Article 18
The Conference of the Parties
1. The representatives of the Parties shall constitute the Conference of the Parties to this Convention and hold their meetings on a regular basis. The first meeting of the Conference of the Parties shall be held no later than one year after the date of entry into force of this Convention. Thereafter, meetings of the Conference of the Parties shall be held at least once a year or at the written request of any of the Parties, provided that, within six months from the date of notification by the secretariat of this request, it is supported by at least one third of the Parties.
2. The Conference of the Parties:
(a) Review the implementation of this Convention;
(b) Performs advisory functions aimed at strengthening the Parties' capacities to prevent, prepare for and eliminate transboundary impacts of industrial accidents and generally facilitate the provision of technical assistance and advice at the request of Parties dealing with industrial accidents;
(c) Establish, as appropriate, working groups and other appropriate mechanisms to consider issues related to the implementation and development of this Convention and to prepare relevant studies and other documentation for this purpose, as well as to make recommendations for consideration by the Conference of the Parties.;
(d) Performs such other functions as may be required in accordance with the provisions of this Convention;
(e) At its first meeting, consider and adopt by consensus the rules of procedure for meetings.
3. In carrying out its functions, the Conference of the Parties, when it deems it appropriate, shall also cooperate with other relevant international organizations.
4. The Conference of the Parties, at its first meeting, shall determine the work programme, in particular with regard to the items contained in Annex XII to this Convention. The Conference of the Parties shall also decide on working methods, including the use of national centres and cooperation with relevant international organizations to establish a system for the implementation of this Convention, in particular for mutual assistance in the event of an industrial accident, and taking into account the relevant legality carried out within the framework of relevant international organizations. As part of the work programme, the Conference of the Parties shall consider the activities of existing national, regional and international centres, as well as other bodies and programmes, aimed at coordinating information activities and efforts to prevent, prepare for and eliminate industrial accidents in order to identify which additional international institutions or centres may be needed to carry out the tasks. listed in Appendix XII.
5. At their first meeting, the Conference of the Parties will begin to consider procedures for creating more favorable conditions for the exchange of technology in the field of industrial accident prevention and preparedness to eliminate their effects.
6. The Conference of the Parties shall adopt guidelines and criteria to facilitate the identification of hazardous activities for the purposes of this Convention.
Article 19
Voting rights
1. Except as provided in paragraph 2 of this Article, each Party to this Convention shall have one vote.
2. Regional economic integration organizations, defined in
In accordance with Article 27, they shall exercise their right to vote on matters within their competence with a number of votes equal to the number of their Member States that are Parties to this Convention. Such organizations lose their right to vote if their member States exercise their right to vote, and vice versa.
Article 20
The Secretariat
The Executive Secretary of the Economic Commission for Europe performs the following secretariat functions:
(a) Convenes and prepares meetings of the Parties;
(b) Transmit to the Parties reports and other information received in accordance with the provisions of this Convention;
(c) Performs such other functions as may be determined By the parties.
Article 21
Dispute resolution
1. In the event of a dispute between two or more Parties concerning the interpretation or application of this Convention, they shall seek a negotiated settlement or any other dispute settlement method acceptable to the parties to the dispute.
2. Upon confirmation, ratification, acceptance, approval of or accession to this Convention, or at any time thereafter, any Party may declare in writing to the depositary that, in respect of a dispute not settled in accordance with paragraph 1 of this article, it accepts one or both of the following means of dispute settlement as binding: any Party assuming the same obligation:
(a) Referral of the dispute to the International Court of Justice;
(b) Arbitration in accordance with the procedure set out in annex XII to this Convention.
3. If the parties to the dispute have accepted both dispute settlement methods referred to in paragraph 2 of this article, the dispute may be referred only to the International Court of Justice, unless the parties agree otherwise.
Article 22
Restrictions on the provision of information
1. The provisions of this Convention shall not affect the rights and obligations of the Parties, arising from their national laws, regulations, administrative regulations or accepted legal practice and accepted international rules, to protect information related to personal data, industrial and commercial secrets, including intellectual property, or national security.
2. If a Party nevertheless decides to provide such protected information to the other Party, the Party receiving such protected information respects the confidentiality of the information received and complies with the conditions under which it is provided, and uses this information only for the purposes for which it was transmitted.
Article 23
Implementation of the Convention
The Parties shall periodically submit reports on the implementation of this Convention.
Article 24
Bilateral and multilateral agreements
1. In order to fulfill their obligations under this Convention, the Parties may maintain existing or conclude new bilateral or multilateral agreements or other arrangements.
2. The provisions of this Convention shall not affect the right of the Parties to take, if necessary on the basis of bilateral or multilateral agreements, stricter measures than those provided for in this Convention.
Article 25
Application Status
The annexes to this Convention form an integral part of this Convention.
Article 26
Amendments to the Convention
1. Any Party may propose amendments to this Convention.
2. The text of any proposed amendment to this Convention shall be submitted in writing to the Executive Secretary of the Economic Commission for Europe, who shall transmit it to all Parties. The Conference of the Parties shall discuss the amendment at its next annual meeting, provided that such proposals are sent by the Executive Secretary of the Economic Commission for Europe to the Parties at least ninety days before the meeting.
3. With regard to amendments to this Convention, with the exception of amendments to Annex I, the procedure for which is described in paragraph 4 of this article,:
(a) Amendments shall be adopted by consensus of the Parties present at the meeting and submitted by the depositary to all Parties for ratification, acceptance or approval.;
(b) Instruments of ratification, acceptance or approval of amendments shall be deposited with the depositary. Amendments adopted in accordance with this Article shall enter into force for the Parties that have accepted them on the ninetieth day after the date of receipt by the Depositary of the sixteenth instrument of ratification, acceptance or approval.;
(c) Thereafter, the amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instruments of ratification, acceptance or approval of the amendments.
4. As for the amendments to Annex I,:
a) The Parties shall make every effort to reach an agreement by consensus. If all means of reaching consensus have been exhausted and no agreement has been reached, the amendment shall be adopted as a last resort by a nine-tenths majority vote of the Parties present at the meeting and voting. Amendments adopted by the Conference of the Parties are transmitted to the Parties and recommended for approval.;
(b) Twelve months after the date of their transmission by the Executive Secretary of the Economic Commission for Europe, amendments to Annex I shall enter into force for those Parties to this Convention which have not submitted notifications in accordance with the provisions of paragraph 4.;
(c) Any Party that is unable to approve an amendment to Annex I to this Convention shall notify the Executive Secretary of the Economic Commission for Europe in writing within twelve months of the date of receipt of the notification of acceptance of the amendment. The Executive Secretary shall promptly inform all Parties of the receipt of any such notification. Any Party may at any time accept the amendment by withdrawing its previous declaration, and thereafter the amendment to Annex I shall enter into force for that Party.;
(d) For the purpose of this paragraph, the expression "Parties present and voting" means Parties present and voting for or against.
Article 27
Signing
This Convention shall be open for signature in Helsinki from 17 to 18 March 1992 inclusive and thereafter at United Nations Headquarters in New York until 18 September 1992 by the member States of the Economic Commission for Europe, as well as by States in consultative status with the Economic Commission for Europe in accordance with paragraph 8 of resolution 35 (IV) The Economic and Social Council of March 28, 1947, and regional economic integration organizations established by sovereign States - members of the Economic Commission for Europe to whom their member States have delegated powers in matters governed by this Convention, including the power to conclude treaties relating to these matters.
Article 28
The Depository
The Secretary-General of the United Nations shall act as the depositary of this Convention.
Article 29
Ratification, acceptance, approval and accession
1. This Convention is subject to ratification, acceptance or approval by the signatory States and regional economic integration organizations referred to in article 27.
2. This Convention is open for accession by the States and organizations referred to in article 27.
3. Any organization referred to in Article 27 that becomes a Party to this Convention, while none of the member States of that organization is a Party to this Convention, will be bound by all obligations provided for in this Convention. In the event that one or more member States of such an organization are Parties to this Convention, the organization and its member States shall decide on their respective responsibilities for fulfilling their obligations under this Convention. In such cases, the organization and its member States may not simultaneously enjoy the rights provided for in this Convention.
4. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in article 27 declare the extent of their competence with respect to matters governed by this Convention. These organizations also inform about any significant change in the limits of their competence.
Article 30
Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession.
2. For the purposes of paragraph 1 of this article, any instrument deposited by an organization referred to in article 27 shall not be considered as additional to instruments deposited by a State or organization of ratification, acceptance, approval or accession.
Article 31
Withdrawal from the Convention
1. At any time after the expiration of three years from the date of entry into force of this Convention in respect of a Party, that Party may withdraw from the Convention by sending a written notification to the Depositary. Any such withdrawal shall take effect on the ninetieth day after the date of receipt of the notification by the depositary.
2. Any such withdrawal shall not affect the application of article 4 to any activity for which a notification has been made in accordance with paragraph 1 of Article 4 or a request for discussions has been submitted in accordance with paragraph 2 of Article 4.
Article 32
Authentic texts
The original of this Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.
Done at Helsinki, this seventeenth day of March, one thousand nine hundred and ninety-two.
The original text of the Convention published above is provided with 13
Applications specifying the procedure for its operation:
I - Hazardous substances for the purpose of identifying hazardous activities;
II - Inquiry Commission procedure in accordance with articles 4 and 5;
III - Procedures under article 4;
IV - Accident prevention measures taken in accordance with Article 5;
V - Analysis and evaluation;
VI - Making decisions on placement in accordance with Article 4;
VII - Emergency preparedness measures in accordance with article 8;
VIII - Information provided to the public in accordance with article 9;
IX - Industrial accident notification systems in accordance with Article 10;
X - Mutual assistance provided in accordance with article 12;
XI - Exchange of information in accordance with article 15;
XII - Tasks related to the provision of mutual assistance, in accordance with paragraph 4 of Article 18;
XIII - Arbitration.
There are no appendices in the text of this original.
Applications
Annex I Hazardous substances for the purpose of identifying hazardous activities
The amounts shown below relate to each type of activity or group of activities. If a range of quantities is given in Part I, then the maximum quantities specified in each range are the limit quantities. Upon the expiration of five years after the entry into force of this Convention, the minimum quantity specified in each range, if it is not changed, becomes the maximum quantity.
If the substance or preparation specifically listed in Part II also falls into any category listed in Part I, then the limit amount specified in Part II is used.
To identify hazardous activities, the Parties shall take into account the estimated possibility of an increase in the relevant hazard, as well as the amount of hazardous substances and their proximity, regardless of whether they are under the jurisdiction of one or more operators.
Part I. Categories of substances and formulations not specifically listed in Part II
--------------------------------------------------------------------
Category | Maximum quantity |
| (in tons) |
-------------------------------------------|-----------------------|
1. Flammable gases 1a), including LPG| 200 |
2. Flammable liquids 1b) | 50,000 |
3. Highly toxic substances 1c) | 20 |
4. Toxic substances 1d) | 500 - 200 |
5. Oxidizing agents 1e) | 500 - 200 |
6. Explosives 1f) | 200 - 50 |
7. Flammable liquids 1g) | |
(handling under special pressure conditions| |
and temperatures) | 200 |
8. Dangerous substances | |
for the environment 1h) | 200 |
------------------------------------------------------------------
Part II. Specific substances
--------------------------------------------------------------------
Substance | Maximum quantity |
| (in tons) |
-------------------------------------------|-----------------------|
1. Ammonia | 500 |
2 and Ammonium nitrate 2) | 2 500 |
b Ammonium nitrate in the form of | |
fertilizers 3) | 10,000 |
3. Acrylonitrile | 200 |
4. Chlorine | 25 |
5. Ethylene oxide | 50 |
6. Hydrogen cyanide | 20 |
7. Hydrogen fluoride | 50 |
8. Hydrogen sulfide | 50 |
9. Sulfur dioxide | 250 |
10. Sulfur trioxide | 75 |
11. Lead alkyls | 50 |
12. Phosgene | 0.75 |
13. Methyl Isocyanate | 0.15 |
--------------------------------------------------------------------
Notes
1. Indicative criteria. In the absence of other appropriate criteria, Parties may use the following criteria when classifying substances or formulations for the purposes of Part I of this annex:
a) Flammable gases: substances that become flammable in a gaseous state at normal pressure and in a mixture with air and whose boiling point at normal pressure is 20 degrees.With or below;
b) Flammable liquids: substances with a temperature of
flashes are lower than 21 degrees. C, and the boiling point at normal
the pressure exceeds 20 degrees. With;
c) Highly toxic substances: substances whose properties correspond to
the properties listed in tables 1 or 2 below, and which, by virtue of their
physical and chemical properties can create a hazard in the case of
industrial accident.
Table 1
-----------------------------------------------------------------
LD50 (oral | LD50 (dermal | LC50 (inhalation |
impact) (1) | impact) (2) | impact) (3) |
mg/kg body weight | mg/kg body weight | mg/l |
LD50 =
< 25 | LD50 =
;< 50 | LC50 =
;< 0,5 |
;------------------------------------------------------------------
(1) LD50 when orally exposed to rats. |
(2) LD50 in case of skin exposure to rats or rabbits. |
(3) LC50 by inhalation (within four hours)|
on rats. |
------------------------------------------------------------------
Table 2
------------------------------------------------------------------
Discriminatory |
dose mg/kg of body weight
< 5 |
;In cases where acute toxicity of the substance by oral administration |
the effect on animals is determined by the fixed dose method; |
------------------------------------------------------------------
(d) Toxic substances: substances whose properties correspond to those specified in tables 3 or 4, and whose physical and chemical properties are capable of creating a hazard in the event of an industrial accident.
Table 3
------------------------------------------------------------------
LD50 (oral | LD50 (dermal | LC50 (inhalation |
impact) (1) | impact) (2) | impact) (3) |
mg/kg body weight | mg/kg body weight | mg/l |
25
< LD50 =
;< 200 | 50
;< LD50 =
;< 400 | 0,5
;< LC50 =
;< 2 |
;------------------------------------------------------------------
(1) LD50 when orally exposed to rats. |
(2) LD50 in case of skin exposure to rats or rabbits. |
(3) LC50 by inhalation (within four hours)|
on rats. |
------------------------------------------------------------------
Table 4
------------------------------------------------------------------
Discriminating dose |
mg/kg body weight = 5 |
|
in cases where acute toxicity of the substance is caused by oral administration |
the effect on animals is determined by the fixed dose method; |
------------------------------------------------------------------
f) Oxidizing agents: substances that cause a violent exothermic reaction when interacting with other substances, in particular flammable substances;
f) Explosives: substances that can explode when exposed to fire or are more sensitive to impact or friction than dinitrobenzene;
g) Flammable liquids: substances with a temperature of
The flash point is less than 55 degrees. With and which remain under pressure in
in the liquid state, if the specific processing conditions, such as high
pressure and high temperature can create a danger in case of
industrial accident;
h) Substances that pose a danger to the environment: substances,
characterized by indicators of acute toxicity in the aquatic environment,
corresponding to the indicators shown in Table 5.
Table 5
------------------------------------------------------------------
LC50 (1) | EC50(2) | IC50(3) |
mg/L | mg/L | mg/L |
LC50 =
< 10 | EC50 =
;< 10 | IC50 =
;
3.0 (provided that it is determined experimentally
BCF
< 100).
;------------------------------------------------------------------
i) LD - lethal dose;
j) LC - lethal concentration;
k) EC - effective concentration;
l) IC - inhibitory concentration;
m) Pow is the octanol distribution coefficient./water;
n) BCF is a bioconcentration factor.
2. This category includes ammonium nitrate and mixtures of ammonium nitrate, in which the nitrogen content of ammonium nitrate is more than 28% by weight, as well as aqueous solutions of ammonium nitrate, in which the concentration of ammonium nitrate exceeds more than 90% by weight.
3. This category includes simple fertilizers based on ammonium nitrate, as well as complex fertilizers in which the nitrogen content of ammonium nitrate is more than 28% by weight (complex fertilizers contain ammonium nitrate along with phosphate and/or potassium).
4. Mixtures and formulations containing such substances should be treated in the same way as pure substances, except in cases where such mixtures and formulations lose the relevant properties of pure substances and are not capable of having transboundary effects.
Annex II
Commission procedure for requests in accordance with
with articles 4 and 5
1. The requesting Party or the requesting Parties shall notify the secretariat that it or they have referred the matter(s) to the inquiry commission established in accordance with the provisions of this annex. The notification specifies the subject of the request. The Secretariat shall immediately notify all Parties to this Convention of such notification.
2. The Inquiry Commission consists of three members. Both the requesting Party and the other Party in the request review procedure appoint one scientific or technical expert each, and the two experts so appointed by mutual agreement appoint a third expert who performs the functions of chairman of the commission on requests. The latter may not be a citizen of one of the parties to the request procedure, may not have his usual place of residence in the territory of one of these parties, may not be employed by any of them, and may not be related to this case in any other capacity.
3. If, two months after the appointment of the second expert, the Chairman of the inquiry commission has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party, appoint him within the next two months.
4. If one of the parties to the request procedure does not appoint an expert within one month after receiving the notification from the secretariat, the other party has the right to inform the Executive Secretary of the Economic Commission for Europe, who appoints the Chairman of the Commission on requests within the next two months. After his appointment, the Chairman of the inquiry commission requests the party that has not yet appointed an expert to do so within one month. If she does not do so within such a period, the President shall inform the Executive Secretary of the Economic Commission for Europe, who shall appoint this expert within the next two months.
5. The Inquiry Commission shall adopt its own rules of procedure.
6. The Inquiry Commission may take all appropriate measures to carry out its functions.
7. The Parties to the request review procedure shall assist the work of the request commission, using, in particular, all means at their disposal.:
a) provide the commission with all relevant documents, services and information upon request;
(b) If necessary, provide the inquiry commission with the opportunity to summon witnesses or experts and hear their testimony.
8. The Parties and experts shall respect the confidentiality of any information they receive confidentially during the work of the inquiry commission.
9. If one of the parties to the request review procedure does not appear before the request commission or does not participate in the hearing of its case, the other party may request the request commission to continue the proceedings and complete its work. The absence of one of the parties or the non-participation of one of the parties in the proceedings of their case is not an obstacle to the continuation and completion of the work of the inquiry commission.
10. Unless the inquiry commission decides otherwise based on the specific circumstances of the case, the expenses of the inquiry commission, including the remuneration of its members, are covered equally by the parties to the inquiry procedure. The Inquiry Commission records all its expenses and submits a final report on these expenses to the parties.
11. Any Party that has a practical interest in the subject matter of the request procedure and which may be affected by the opinion in this case may, with the consent of the request commission, participate in the proceedings.
12. The decisions of the commission on inquiries on issues of procedure are made by a majority vote of its members. The final opinion of the inquiry commission reflects the opinion of the majority of its members and includes any divergence of opinion.
13. The Inquiry Commission issues its final opinion within two months after the date of its formation, unless it deems it necessary to extend this period for a period not exceeding two months.
14. The final opinion of the inquiry commission is based on recognized scientific principles. The final opinion is transmitted by the commission upon request to the parties involved in the request review procedure and to the secretariat.
Annex III Procedures under article 4
1. The Party of origin may require consultations with the other Party in accordance with paragraphs 2-5 of this annex to determine whether that Party is an affected Party.
2. With regard to a planned or already ongoing type of hazardous activity, the Party of origin, in order to conduct appropriate and effective consultations, ensures notification to any Party that, in its opinion, may become an affected Party, and does so as early as possible and no later than the time when it informs its own population about this planned or ongoing type of activity. In respect of hazardous activities carried out, such notification shall be sent no later than two years after the entry into force of this Convention for the Party of origin.
3. This notification should include, among other things, the following:
(a) Information on hazardous activities, including any available information or communication, such as information provided in accordance with Article 6 on their possible transboundary effects in the event of an industrial accident;
(b) An indication of the reasonable time frame within which a response is required in accordance with paragraph 4 of this annex, taking into account the nature of the activity;
and may also include the information provided for in paragraph 6 of this annex.
4. The notified Parties shall, within the period specified in the notification, provide a response to the Party of origin, confirming receipt of the notification and indicating whether they intend to enter into consultations.
5. If the notified Party indicates that it does not intend to enter into consultations, or if it does not respond within the time limit specified in the notification, the provisions of the following paragraphs of this annex shall not apply. In this case, the Party of origin retains the right to decide for itself whether it should carry out an assessment and analysis based on its national legislation and practice.
6. After receiving a response from the notified Party indicating a desire to enter into consultations, the Party of origin, if it has not yet done so, shall provide the notified Party:
a) relevant information regarding the timing of the analysis, indicating the timing of the transmission of comments;
(b) Relevant information on hazardous activities and their transboundary effects in the event of an industrial accident;
(c) The opportunity to participate in the assessment of information or any communication on possible transboundary impacts.
7. The affected Party, at the request of the Party of origin, shall provide the latter with reasonably accessible information regarding the potentially affected area within the jurisdiction of the affected Party, if such information is necessary for the preparation of an assessment, analysis and measures. This information is provided immediately and, when necessary, through a joint body, if one exists.
8. The Party of origin, if necessary, directly or through a joint body, if one exists, shall provide the affected Party with documentation on analysis and assessment in accordance with the description contained in paragraphs 1 and 2 of Annex V.
9. Stakeholders inform the public in areas where there is a real possibility of being affected by dangerous activities, and arrange for the dissemination of analysis and assessment documentation to the public and the authorities in the relevant area. The Parties shall provide them with the opportunity to make comments or objections regarding hazardous activities and ensure that their views are brought to the attention of the competent authority of the Party of origin within a reasonable time, either directly or, if necessary, through the Party of origin.
10. After completing the preparation of the analysis and assessment documentation, the Party of origin shall, without undue delay, enter into consultations with the affected Party concerning, in particular, the transboundary effects of hazardous activities in the event of an industrial accident, as well as measures to reduce or eliminate their effects. Such consultations may address the following issues:
(a) Possible alternatives to this hazardous activity, including the alternative of not taking measures, as well as possible measures to mitigate the transboundary impact at the expense of the Party of origin;
(b) Other forms of possible mutual assistance to reduce any transboundary impact;
(c) Any other relevant matters.
At the initial stage of such consultations, the interested Parties will agree on their duration within an acceptable time frame. Any such consultations may be conducted within the framework of an appropriate joint body, where one exists.
11. Stakeholders shall ensure that due consideration is given to the results of the analysis and evaluation, as well as the comments received in accordance with paragraph 9 of this annex, and the results of the consultations referred to in paragraph 10 of this annex.
12. The Party of origin shall notify the affected Parties of any decision regarding this activity, indicating the reasons and considerations on which it is based.
13. In the event that any interested Party becomes aware of additional and relevant information on the transboundary effects of hazardous activities that was not known at the time of consultations on these activities, that Party shall immediately inform the other interested Party or Parties. Consultations are resumed at the request of one of the interested Parties.
Annex IV
Accident prevention measures taken
in accordance with article 6
The following measures may be implemented depending on national legislation and practice by the Parties, competent authorities, operators or joint efforts.
1. Setting general or specific security objectives.
2. Approval of legislative provisions or guidelines regarding safety measures and safety standards.
3. Identification of those types of hazardous activities that require special measures to prevent accidents, which may include a licensing or authorization system.
4. Assessment of risk analysis or safety studies during hazardous activities and an action plan for the implementation of necessary measures.
5. Providing competent authorities with information necessary for risk assessment.
6. The use of the most appropriate technology to prevent industrial accidents and protect people and the environment.
7. Conducting appropriate education and training for all persons involved in carrying out dangerous activities on industrial sites, both in normal and unusual conditions, in order to prevent industrial accidents.
8. Putting in place internal structures and management practices to ensure effective compliance and enforcement of safety standards.
9. Monitoring and analysis of hazardous activities and inspections.
Annex V Analysis and evaluation
1. The scope and depth of the analysis and assessment of hazardous activities
they vary depending on the goals you set.
2. The table below shows, for the purposes of the relevant
articles, a range of issues that should be considered when conducting
analysis and evaluation for the listed purposes:
---------------------------------------------------------------------------
Purpose of the analysis | Issues to be considered:
-------------------|-------------------------------------------------------
Planning for | 1) quantities and properties of hazardous substances on
the case of an emergency | industrial facility;
tea situations | 2) brief descriptive scenarios of representative
according to | models of industrial accidents that can
according to Article 8 | occur as a result of dangerous activity,
| including an indication of the probability of each of them;
| 3) for each scenario:
| a) the approximate amount of emissions;
| b) the extent and severity of the resulting consequences
| for both humans and non-humans
| environment, under favorable and
| unfavorable conditions, including dimensions
| dangerous areas resulting from an accident;
| c) the time period within which
| the initial event may develop into
| industrial accident;
| d) any measures that may be taken to
| minimizing the likelihood of escalation
| accidents;
| 4) the size and distribution of the population in
| nearby areas, including any major
| concentrations of people who may end up in
| danger zone;
| 5) The age, mobility and vulnerability of this population.
|
-------------------|-------------------------------------------------------
Decision-making | In addition to points 1-5 above:
about placement in | 6) Severity of damage to people and the environment
in accordance with | depending on the nature and circumstances
Article 7 | emissions;
| 7) the distance from the venue of the dangerous
| an activity where there is a real
| the likelihood of harmful effects on humans and
| the environment in case of an industrial accident;
| 8) the same information is not only for the current situation
| moment, but also for planned or amenable
| reasonable forecasting of future developments
| events.
-------------------|-------------------------------------------------------
Information, | In addition to paragraphs 1-4 above:
provided | 9) People who may be affected as a result
public | industrial accident.
according to |
with article 9 |
-------------------|-------------------------------------------------------
Preventive measures | In addition to paragraphs 4-9 above, for measures to
accident rotation| accident prevention will need more details
according to | variants of descriptions and ratings contained in paragraphs
with article 6 | 1-3. In addition to these descriptions and ratings, you should also
| cover the following issues:
| 10) storage and handling conditions for hazardous materials
| and their numbers;
| 11) list of scenarios for types of industrial accidents,
| having serious consequences, with examples for
| the entire range of accident scales and indicating
| the possibilities of exposure to activities carried out nearby
| activities;
| 12) for each scenario, a description of the events that
| may lead to an industrial accident, and stages
| its possible escalation;
| 13) assessment, at least in general terms,
| the probabilities of each stage , taking into account
| the measures provided for in paragraph 14;
| 14) description of preventive measures in terms of
| equipment and procedures designed for
| minimizing the probability of each stage;
| 15) assessment of possible consequences of deviation from
| normal operating conditions, and
| appropriate measures for safe
| termination of dangerous activity or any of its
| parts in case of emergency
| the situation and the need for personnel training in
| in order to ensure the early identification of possible
| serious deviations and acceptance of appropriate
| measures;
| 16) assessment of the extent to which the modification,
| repair and maintenance of the installation, on
| which carries out dangerous activities, may
| jeopardize the implementation of measures to
| monitoring, as well as follow-up activities in order to
| control.
---------------------------------------------------------------------------
Annex VI
Making decisions on placement in accordance with Article 7
The text below illustrates the issues that should be addressed in accordance with article 7.
1. The results of the risk analysis and assessment, including an assessment of the physical characteristics of the area in which dangerous activities are planned, in accordance with annex V.
2. The results of consultations and public participation.
3. Analysis of the increase or decrease in risk caused by any event in the territory of the affected Party in connection with dangerous activities carried out in the territory of the Party of origin.
4. Environmental hazard assessment, including any transboundary impact.
5. Assessment of new types of dangerous activities that could be a source of risk.
6. Consideration of the placement of new and significant modification of existing types of hazardous activities at a safe distance from existing settlements, as well as the creation of safety zones around facilities where dangerous activities are carried out; in these areas, measures should be carefully studied that lead to an increase in the number of endangered populations or increase the number of-or otherwise the degree of risk.
Annex VII
Emergency preparedness measures
in accordance with article 8
1. All emergency plans should be coordinated both on and off industrial sites in order to take comprehensive and effective measures to eliminate the consequences of an accident.
2. Contingency plans should include measures necessary to contain emergencies, as well as to minimize their transboundary impact. They should also include measures to alert the public and, if necessary, evacuation measures, other protective or rescue measures, as well as a description of medical services.
3. Emergency plans should include, for personnel working on industrial sites, persons who may be affected by emergencies, and for rescuers, detailed technical and organizational procedures required to take action in the event of an industrial accident with a potential for transboundary impact, and to prevent and minimize human exposure. and the environment, both on and off the industrial site.
4. Contingency plans for industrial sites could, for example, cover the following issues:
a) distribution of organizational functions and responsibilities at the industrial site for taking measures in case of an emergency;
(b) A description of the measures to be taken in the event of an industrial accident or its imminent threat in order to bring the situation under control or prevent the occurrence of such an event, or a detailed indication of where such a description can be found.;
(c) A description of the equipment and resources available;
(d) Measures to ensure early notification of industrial accidents to the public authority responsible for emergency response actions outside industrial sites, including the type of information to be included in the initial notification, as well as measures to provide more detailed information as it becomes available;
(e) Measures to train personnel to perform the duties required of them.
5. Emergency plans outside industrial sites could, for example, cover the following issues:
a) allocation of organizational functions and responsibilities outside the industrial site for emergency response, including an indication of how compliance with the action plans for the industrial site is achieved;
(b) Methods and procedures for use by rescue and medical personnel;
(c) Methods for the rapid identification of the affected area;
(d) Measures to ensure early notification of an industrial accident to affected or potentially affected Parties and to maintain communication thereafter;
(e) Identification of resources necessary for the implementation of the plan and coordination measures;
(f) Measures to provide information to the public, including, where appropriate, measures to supplement and re-provide information transmitted to the public in accordance with article 9;
(g) Arrangements for the preparation and conduct of exercises.
6. Contingency plans could include measures for the handling, collection, cleaning, storage, removal and safe disposal of hazardous substances and contaminated materials, as well as remediation measures.
Annex VIII
Information provided to the public
in accordance with article 9
1. The name of the company, the address of the place of dangerous activity, and the position of the person providing the information.
2. A simple description of the dangerous activity, including the risk.
3. Generally accepted or inherent in this class of substances and formulations used in the course of hazardous activities, names indicating their main characteristics in terms of the emerging danger or their general classification according to the degree of danger.
4. General information obtained as a result of an environmental impact assessment, if any, and relevant to the issue.
5. General information about the nature of an industrial accident that could occur during a hazardous activity, including its potential impact on the public and the environment.
6. Appropriate information on methods of warning and informing the affected population in the event of an industrial accident.
7. Adequate information on the necessary actions and behavior of the affected population in the event of an industrial accident.
8. Adequate information on measures taken during hazardous activities, including communication with emergency services, in order to combat industrial accidents, reduce their severity and mitigate their impact.
9. General information on the plan of action of emergency services in emergency situations outside the industrial site, drawn up in order to eliminate any impact, including the transboundary impact of an industrial accident, outside the industrial site.
10. General information on the special requirements and conditions governing hazardous activities in accordance with relevant national regulations and/or administrative regulations, including licensing or permit systems.
11. Detailed information about the sources of additional relevant information.
Annex IX
Industrial accident notification systems
in accordance with article 10
1. Industrial accident notification systems should ensure that data and forecasts are transmitted as quickly as possible in accordance with pre-developed codes using compatible data transmission and processing systems to alert and respond to emergencies and to take measures to minimize and limit the scale of transboundary impacts, taking into account different needs at different levels.
2. Industrial accident notification includes the following elements:
a) the type and extent of the industrial accident, the associated hazardous substances (if known) and the severity of its possible effects;
b) the time of occurrence and the exact location of the accident;
(c) Such other available information as is necessary for the effective elimination of the consequences of an industrial accident.
3. The notification of industrial accidents shall be supplemented at appropriate time intervals or, as necessary, with further relevant information on developments in the situation with regard to transboundary impacts.
4. The effectiveness of industrial accident notification systems is regularly tested and verified, including regular training of relevant personnel. If necessary, such tests, inspections and training are carried out on a joint basis.
Annex X Mutual assistance provided in accordance with Article 12
1. The responsibility for the overall direction, control, coordination and supervision of the provision of assistance lies with the requesting Party. The personnel involved in the relief operations shall act in accordance with the relevant laws of the requesting Party. The relevant authorities of the requesting Party shall cooperate with the authority designated by the assisting Party, in accordance with Article 17, to be responsible for the direct operational supervision of personnel and equipment provided by the assisting Party.
2. The requesting Party shall provide, within its capabilities, on-site facilities and services for the proper and effective use of assistance and ensure the protection of personnel, equipment and materials imported into its territory for this purpose by or on behalf of the assisting Party.
3. Unless otherwise agreed by the Parties concerned, assistance is provided at the expense of the requesting Party. The Party providing assistance may at any time fully or partially waive the right to reimbursement of its costs.
4. The requesting Party shall take all possible measures to provide the assisting Party and the persons acting on its behalf with the necessary privileges, immunities or assistance to enable them to carry out their assistance functions promptly. The requesting Party is not obligated to apply this provision to its own citizens or persons permanently residing in its territory, or to grant them the above-mentioned privileges and immunities.
5. Either Party shall, at the request of the requesting Party or the Party providing assistance, take measures to facilitate the transit through its territory of personnel for whom a duly notified notification exists, as well as equipment and property for the purpose of providing assistance, to and from the territory of the requesting Party..
6. The requesting Party shall facilitate the entry into its national territory, the stay and departure of duly notified personnel, as well as equipment and property used in the provision of assistance.
7. With regard to actions directly related to the provision of assistance, the requesting Party, in the event of loss of life or injury, damage or loss of property or damage to the environment on its territory during the provision of the requested assistance, does not charge the Party providing assistance or persons acting on its behalf, releases them. from financial liability and pays them compensation in case of death or injury, as well as in case of loss or damage to equipment or other property., which were used in providing assistance. The requesting party is responsible for settling claims brought by third parties against the assisting Party or persons acting on its behalf.
8. Stakeholders work closely together to facilitate the settlement of legal proceedings and claims that may arise as a result of relief operations.
9. Any Party may request assistance regarding the treatment or temporary relocation of persons affected by the accident in the territory of the other Party.
10. The affected Party or the requesting Party may at any time, after appropriate consultations and by notification, request the termination of assistance received or provided in accordance with this Convention. As soon as such a request is made, the Parties concerned consult with each other in order to take measures for the appropriate termination of assistance.
Annex XI
Exchange of information in accordance with article 15
The information should include the following elements, which may also be the subject of multilateral and bilateral cooperation:
(a) Legislative and administrative measures, policies, objectives and priorities for the prevention, preparedness and response to industrial accidents, scientific activities and technical measures to reduce the risk of industrial accidents arising from hazardous activities, including mitigation of transboundary impacts;
(b) Emergency measures and plans at the appropriate level affecting other Parties;
(c) Monitoring, planning, research and development programmes, including their implementation and monitoring;
(d) Measures taken to prevent, prepare for and eliminate industrial accidents;
(e) Experience in dealing with industrial accidents and cooperation in dealing with industrial accidents with transboundary impacts;
(f) The development and application of the best available technologies to improve environmental protection and safety;
(g) Emergency preparedness and response;
(h) Methods used to predict risk, including criteria for monitoring and assessing transboundary impacts.
Appendix XII
Tasks related to the provision of mutual
assistance, in accordance with paragraph 4 of article 18
1. Collection and dissemination of information and data
(a) The establishment and operation of an industrial accident notification system, which can provide information on industrial accidents and experts in order to involve the latter in assistance activities as soon as possible;
(b) The establishment and operation of a database for the purpose of obtaining, processing and disseminating the necessary information on industrial accidents, including information on their impact, as well as on the measures applied and the effectiveness of these measures;
(c) Drawing up and maintaining a list of hazardous substances, including their respective characteristics, as well as information on how to handle these substances in the event of an industrial accident;
(d) Drawing up and maintaining a register of experts who can provide advice and other assistance in the field of industrial accident prevention, preparedness and response, including remedial measures;
f) maintaining a list of types of hazardous activities;
(f) Drawing up and maintaining a list of dangerous substances covered by the provisions of Part I of annex I.
2. Scientific research, training of specialists and methodologies
(a) Development and provision of models based on experience gained in connection with industrial accidents and scenarios for measures to prevent, prepare for, and eliminate industrial accidents;
b) promotion of education and training of specialists, organization of international symposia and expansion of cooperation in the field of research and development.
3. Technical assistance
(a) Advisory functions aimed at strengthening the ability to take measures to prevent, prepare for and eliminate industrial accidents;
(b) To carry out, at the request of a Party, inspections of its hazardous activities, as well as to assist in the organization of its national inspections in accordance with the requirements of this Convention.
4. Emergency assistance
Providing assistance at the request of a Party by, in particular, sending experts to the site of an industrial accident in order to provide advice and other assistance in eliminating the consequences of an industrial accident.
Annex XIII Arbitration
1. The claimant Party or the claimant Parties shall notify the secretariat that the Parties have agreed to submit the dispute to arbitration in accordance with paragraph 2 of article 21 of this Convention. The notification shall specify the subject matter of the arbitration, including, in particular, the articles of this Convention concerning the interpretation or application of which a dispute has arisen. The secretariat shall transmit the information received to all Parties to this Convention.
2. The Arbitration Court consists of three members. Both the plaintiff Party or the Plaintiffs, and the other Party or other Parties involved in the dispute, appoint one arbitrator each, and the two arbitrators so appointed, by mutual agreement, appoint a third arbitrator who serves as chairman of the arbitral tribunal. The latter may not be a citizen of one of the parties to the dispute, may not have his usual place of residence in the territory of one of these parties, may not be employed by any of them, and may not be involved in this case in any other capacity.
3. If, two months after the appointment of the second arbitrator, the chairman of the arbitral tribunal has not been appointed, the Executive Secretary of the Economic Commission for Europe shall appoint him within the next two months at the request of either party to the dispute.
4. If one of the parties to the dispute does not appoint an arbitrator within two months of receiving the request, the other party has the right to inform the Executive Secretary of the Economic Commission for Europe, who appoints the chairman of the arbitral tribunal within the next two months. After his appointment, the chairman of the arbitration court requests the party that has not yet appointed an arbitrator to do so within two months. If she does not do so within such a period, the President shall inform the Executive Secretary of the Economic Commission for Europe, who shall appoint this arbitrator within the next two months.
5. The arbitral tribunal shall render its decision in accordance with international law and in accordance with the provisions of this Convention.
6. Any arbitration court established in accordance with the provisions of this annex shall develop its own rules of procedure.
7. Decisions of the arbitration court on both procedural and substantive issues are made by a majority vote of its members.
8. The Court may take all appropriate measures to establish the facts.
9. The parties to the dispute shall assist the work of the arbitral tribunal and, in particular, using all means at their disposal.:
a) provide the court with all relevant documents, conditions and information;
(b) If necessary, provide the court with the opportunity to summon witnesses or experts and hear their testimony.
10. The parties to the dispute and the members of the arbitral tribunal shall respect the confidentiality of any information they receive confidentially during the proceedings before the arbitral tribunal.
11. The arbitral tribunal may, at the request of one of the parties, recommend the adoption of interim measures of protection.
12. If one of the parties to the dispute does not appear before the arbitral tribunal or does not participate in the hearing of its case, the other party may request the court to continue the proceedings and make its final decision. The absence of one of the parties in court or the non-participation of one of the parties in the proceedings is not an obstacle to the proceedings.
13. The arbitral tribunal may hear and rule on counterclaims arising directly from the substance of the dispute.
14. Unless the arbitral tribunal decides otherwise based on the specific circumstances of the case, the court costs, including the payment of the services of the members of the court, are covered equally by the parties to the dispute. The court registers all its expenses and submits a final report on these expenses to the parties to the dispute.
15. Any Party to this Convention that has a legal interest in the subject matter of the dispute and may be affected by the decision in this case has the right to participate in the proceedings with the consent of the court.
16. The arbitral tribunal shall render its decision within five months after the date of its establishment, unless it deems it necessary to extend this period for a period not exceeding five months.
17. The decision of the arbitration court is accompanied by an explanation of the reasons. This decision is final and binding on all parties to the dispute. The arbitral tribunal shall forward its decision to the parties to the dispute and the secretariat. The secretariat shall transmit the information received to all Parties to this Convention.
Conventions.
18. Any dispute that may arise between the parties regarding the interpretation or implementation of the court's decision may be referred by either party to the arbitral tribunal that issued the decision, or, if it is impossible to use the latter's services, to another court established for this purpose in the same way as the first.
(Experts: Sklyarova I.V.,
Martina N.A.)
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
