On the accession of the Republic of Kazakhstan to the Convention on Environmental Impact Assessment in a Transboundary Context

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The Law of the Republic of Kazakhstan dated October 21, 2000 No. 86-II SAM.

The Republic of Kazakhstan should accede to the Convention on Environmental Impact Assessment in a Transboundary Context, signed in Espoo (Finland) on February 25, 1991.

President

Republic of Kazakhstan

The Convention

on environmental impact assessment

in a cross-border context

The Parties to this Convention:

- considering the relationship between different types of environmental

activities and their environmental consequences,

- Affirming the need to ensure an environmentally sound and

sustainable development,

- having a firm intention to develop international cooperation in the field of environmental impact assessment, in particular in a transboundary context,

- Taking into account the need and importance of developing proactive policies and preventing, reducing and monitoring significant harmful effects on the environment in general, and in particular in a transboundary context,

- Recalling the relevant provisions of the Charter of the United Nations, the Declaration of the Stockholm Conference on the Human Environment, the Final Act of the Conference on Security and Cooperation in Europe (CSCE) and the Final Documents of the Madrid and Vienna Meetings of Representatives of the CSCE Participating States,

- Appreciating the measures taken by States to ensure that environmental impact assessments are carried out on the basis of their national legal and administrative provisions and their national policies,

- Aware of the need to pay close attention to environmental factors at an early stage of the decision-making process, applying environmental impact assessment at all appropriate administrative levels as a necessary tool to improve the quality of information provided to policy makers so that they can make environmentally sound decisions, taking into account the need to minimize significant harmful effects. impacts, in particular in a transboundary context,

- Taking into account the efforts of international organizations aimed at promoting the use of environmental impact assessment at both national and international levels, and taking into account the work in the field of environmental impact assessment conducted under the auspices of the United Nations Economic Commission for Europe, in particular the results of the Workshop on Environmental Impact Assessment, and Noting the Goals and Principles of environmental impact Assessment adopted by the Board of Governors of the United Nations Program and the Ministerial Declaration on Sustainable Development, they agreed on the following:

Article 1

Definitions

For the purposes of this Convention:

I. "Parties", unless otherwise specified in the text, means the Contracting Parties to this Convention.;

II. "Party of origin" means the Contracting Party(s) the Party(s) to this Convention under whose jurisdiction the planned activity is to be carried out;

III. "Affected Party" means a Contracting Party(s) a Party(s) to this Convention that may (may) be affected by the cross-border impact of the planned activity;

IV. "Interested Parties" are understood as the Party of origin and the affected Party involved in the application of environmental impact assessment methods in accordance with this Convention.;

V. "Planned activity" is understood as any activity or any change in an activity that requires a decision by the competent authority in accordance with the applicable national procedure.;

VI. "Environmental impact assessment" means a national procedure for assessing the possible environmental impact of a planned activity;

VII. "Impact" means any effects of a planned activity on the environment, including human health and safety, flora, fauna, soil, air, water, climate, landscape, historical monuments and other material objects; it also covers the effects on cultural heritage or socio-economic conditions resulting from changes in these factors.;

VIII. "Transboundary impact" means an impact, not only of a global nature, in an area under the jurisdiction of a Party, caused by a planned activity, the physical source of which is located within the area under the jurisdiction of the other Party;

IX. "Competent authority" means the national authority or authorities designated by a Party as responsible for the performance of functions covered by the Convention and/or the authority/authorities entrusted by a Party with decision-making powers relating to planned activities;

X. "Public" means one or more natural or legal persons.

Article 2

General provisions

1. The Parties shall take all appropriate and effective measures to prevent, reduce and control harmful transboundary impacts resulting from planned activities.

2. Each Party shall adopt the necessary legislation, administrative or other measures to implement the provisions of the Convention, including, with respect to planned activities listed in Appendix I that may have significant harmful transboundary effects, the establishment of an environmental impact assessment procedure that allows for public participation, and the preparation of environmental impact assessment documentation described in in Appendix II.

3. The Party of origin shall ensure that an environmental impact assessment is carried out in accordance with the provisions of the Convention, prior to a decision on the authorization or implementation of a planned activity included in Appendix I that may have harmful transboundary effects.

4. The Party of origin, in accordance with the provisions of the Convention, shall ensure that the affected Parties are notified of the planned activity listed in Appendix I, which may have significant harmful transboundary effects.

5. At the initiative of any of these Parties, interested Parties shall consult on the possibility that any type or planned activities that are not listed in Appendix I will have significant harmful transboundary effects and whether it or they should therefore be treated as if they were listed in Appendix I. If these Parties come to a positive agreement, then the specified regime applies to this type or types of activity. The general principles for determining criteria for determining significant adverse effects are set out in Appendix III.

6. The Party of origin, in accordance with the provisions of this Convention, shall provide the public in areas likely to be affected with the opportunity to participate in appropriate environmental impact assessment procedures and ensure that this opportunity provided to the public of the affected Party is equivalent to that provided to the public of the Party of origin..

7. In accordance with the provisions of this Convention, environmental impact assessments, as a minimum requirement, are carried out at the project level of planned activities. Whenever possible, the Parties also seek to apply the principles of environmental impact assessment to policies, plans and programmes.

8. The provisions of this Convention do not affect the right of the Parties to apply National laws, regulations, administrative regulations or accepted legal practices protecting information, the provision of which could be detrimental to industrial and commercial secrets or national security interests.

9. The provisions of this Convention do not affect the right of specific Parties to apply, if necessary by bilateral or multilateral agreement, stricter measures than those contained in this Convention.

10. The provisions of this Convention do not prejudice any obligations of the Parties in accordance with international law with respect to activities that have or may have a transboundary impact.

Article 3

Notification

1. With respect to a planned activity listed in Appendix I that may have significant harmful transboundary effects, the Party of origin, in order to ensure appropriate and effective consultations in accordance with Article 5, shall notify any Party that it considers to be an affected Party as soon as possible and no later than it has informed the public. own country, about the planned activities.

2. This notice, in particular, contains:

(a) Information on the planned activity, including any available information on its possible transboundary impact;

b) information about the nature of a possible solution; and

(c) An indication of the reasonable time within which, in accordance with paragraph 3 of this Article, a response is required, taking into account the nature of the planned activity; and may include the information specified in paragraph 5 of this Article.

3. The affected Party shall respond to the Party of origin within the time period specified in the notification, confirming receipt of the notification, and indicating whether it intends to participate in the environmental impact assessment procedure.

4. If the affected Party indicates that it does not intend to participate in the environmental impact procedure, or if it does not respond within the time period specified in the notification, the provisions of paragraphs 5, 6, 7 and 8 of this Article and the provisions of Articles 4-7 shall not apply. In such circumstances, the right of the Party of origin to determine the need for an environmental impact assessment based on its national legislation and practice is not infringed.

5. After receiving a response from the affected Party indicating its intention to participate in the environmental impact assessment procedure, the Party of origin provides the affected Party with:

(a) Relevant information regarding the environmental impact assessment procedure, including an indication of the time frame for submitting comments; and

b) relevant information about the planned activity and its possible significant harmful transboundary effects.

6. At the request of the Party of origin, the affected Party shall be the first to provide reasonably accessible information on the potentially affected environment under the jurisdiction of the affected Party, if such information is necessary for the preparation of environmental impact assessment documentation. This information is provided promptly and, if necessary, through a joint body, if one exists.

7. If a Party considers that it will be affected as a result of significant harmful effects of the planned activity listed in Appendix I, and if no notification has been received in accordance with paragraph I of this Article, the Parties concerned shall, at the request of the affected Party, exchange information in order to discuss the likelihood of significant harmful transboundary effects. If these Parties agree that a transboundary impact will occur, the provisions of this Convention shall apply accordingly. If the Parties cannot reach an agreement, the matter may be submitted to the inquiry commission for consideration in accordance with the provisions of Appendix IV in order to determine its opinion on the likelihood of an impact, unless the Parties have agreed on another way to resolve the issue.

8. Stakeholders ensure that the public has information and opportunities to comment.

Article 4

Preparation of documentation on environmental impact assessment

1. The impact assessment documentation contains the information described in Appendix II.

2. The Party of origin provides the affected Party with environmental impact assessment documentation. Stakeholders ensure that this documentation is distributed to authorities and the public in the affected areas, as well as comments are submitted to the competent authority of the Party of origin within a reasonable time before a final decision is made on the planned activities.

Article 5

Consultations based on environmental impact assessment documentation

The Party of origin, after completing the preparation of the impact assessment documentation, consults with the relevant Party regarding:

(a) Possible alternatives to the planned activities, possible measures to reduce transboundary impacts and monitor the effects of such measures at the expense of the Party of origin;

c) other forms of mutual assistance in reducing any transboundary impact of the planned activity;

(c) Any other matters related to the proposed activity. At the initial stage of the consultations, the Parties will agree on their duration within an acceptable time frame. Consultations may be conducted through an appropriate joint body where one exists.

Article 6

The final decision

1. The Parties shall ensure that the decision on activities takes into account the results of the environmental impact assessment, including the impact assessment documentation and comments on this documentation received in accordance with paragraphs 8 of Article 3 and paragraph 2 of Article 4, and the results of consultations referred to in Article 5.

2. The parties shall communicate the final decision together with the reasons and considerations on which it is based.

3. If additional information about the transboundary impact of the planned activity, which was not available at the time of the decision, becomes known to the interested Party before the start of such activity, this Party shall inform the other. If one of the Parties requests this, consultations are held on the need to review this decision.

Article 7

Post-project analysis

1. Taking into account the likely transboundary impact of the activities for which the environmental impact assessment is being carried out, the Parties determine whether and to what extent a post-project analysis will be carried out. Any analysis includes monitoring the activity and determining any harmful transboundary impact.

2. If, as a result of the analysis, the Party of origin or the affected Party has sufficient reason to believe that a transboundary impact has occurred or factors that may lead to such an impact have been identified, it shall inform the other Party accordingly. Stakeholders consult on measures that reduce or eliminate the impact.

Article 8

Bilateral and multilateral

cooperation

The Parties may continue to implement existing agreements or enter into new bilateral or multilateral agreements or other arrangements in order to comply with their obligations under this Convention. Such agreements or other arrangements may be based on the elements listed in Appendix VI.

Article 9

Research programs

The Parties shall pay attention to the development or active implementation of specific research programs aimed at:

(a) Improvement of existing methods for qualitative and quantitative assessment of the impacts of planned activities;

b) deeper understanding of cause-and-effect relationships and their role in integrated environmental management;

(c) Analyzing and monitoring the effectiveness of decisions related to planned activities in order to minimize or prevent impacts;

e) development of methods to stimulate innovative approaches to the search for environmentally sound alternatives to planned activities, production and consumption patterns;

(e) Developing a methodology for applying the principles of environmental impact assessment at the macroeconomic level.

The Parties exchange the results of the implementation of the above-mentioned programs.

Article 10

The status of the appendices The appendices to this Convention form an integral part Conventions.

Article 11

Meeting of the Parties

1. The Parties shall hold meetings, if possible, timed to coincide with the annual sessions of Senior Advisers to the Governments of the ECE countries on environmental and water issues. The first meeting shall be held no later than one year after the date of entry into force of this Convention. Subsequently, the need for meetings and their dates shall be determined by the meeting of the Parties or by a written request from any of the Parties, provided that within six months from the date of notification by the secretariat of the Parties of this request, it will be supported by at least one third of the Parties.

2. The Parties shall monitor the implementation of this Convention and, to this end,:

(a) Review the Parties' policies and methodological approaches to environmental impact assessment with a view to further improving environmental impact assessment procedures in a transboundary context;

(b) Exchange information on the experience gained in concluding and implementing bilateral and multilateral agreements or other arrangements related to the use of environmental impact assessment in a transboundary context to which one or more Parties are Parties;

(c) If necessary, use the services of competent international bodies or scientific committees to resolve methodological or technical issues that arise in the way of achieving the objectives of this Convention.;

(d) At their first meeting, review and adopt by consensus the rules of procedure for their meetings;

(e) Consider and, if necessary, adopt proposals for amendments to this Convention;

(f) Consider and take any additional measures that may be necessary to achieve the objectives of this Convention.

Article 12

Voting rights

1. Each Party to this Convention shall have one vote.

2. As an exception to the general rule provided for in paragraph 1 of this Article, regional economic integration organizations 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 take into account the right to vote if their member States exercise their right to vote, and vice versa.

Article 13

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 the Convention; and

(c) Performs other functions that may be provided for in the Convention or that may be provided for in this Convention or that may be determined by the Parties.

Article 14

Amendments to the Convention

1. Any Party may propose amendments to the Convention.

2. Proposed amendments shall be submitted in writing to the secretariat, which shall forward them to all Parties. The proposed amendments are discussed at an ordinary meeting of the Parties, provided that these amendments have been sent by the secretariat to the Parties at least 90 days in advance.

3. The Parties shall make every effort to reach agreement on the adoption of any proposed amendment to the Convention by consensus. If all means to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present at the meeting and voting.

4. The Depositary shall bring to the attention of all Parties amendments to this Convention adopted in accordance with paragraph 3 of this Article for ratification, approval or acceptance. They shall enter into force for the Parties that have ratified, approved or accepted them on the 90th day after the Depositary receives notification of their ratification, approval or acceptance by at least three quarters of the Parties. Thereafter, the amendments shall enter into force for any other Party on the 90th day after the Party deposits its instrument of ratification, approval or acceptance of these amendments.

5. For the purposes of this Article, "Parties present and participating in the voting" means Parties voting for or against.

6. The voting procedure set out in paragraph 3 of this Article does not create a precedent for future agreements that may be concluded within the framework of the EEC.

Article 15

Dispute resolution

1. If a dispute arises between two or more Parties regarding the interpretation or compliance with the Convention, they shall seek to resolve the dispute through negotiation or any other means at their discretion.

2. Upon signing, ratifying, accepting, approving or acceding to the Convention at any time thereafter, a Party may send a written declaration to the Depositary stating that, in respect of a dispute that has not been resolved in accordance with the provisions of paragraph 1 of this Article, it recognizes one or both of the following dispute resolution means as binding in respect of any The parties assuming the same obligation:

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

(b) Referral of the dispute to arbitration in accordance with the procedure set out in Appendix VII.

3. If the Parties to the dispute have accepted both dispute settlement procedures specified in paragraph 2 of this Article, the dispute may be referred only to the International Court of Justice, unless the Parties have agreed otherwise.

Article 16

Signing

This Convention is open for signature in Espoo (Finland) from February 25 to March 1, 1991, and then at the United Nations Headquarters in New York until September 2, 1991 by the member States of the EEC, as well as by States having consultative status with the EEC, in accordance with paragraph 8 Economic and Social Council resolution 36 (IV) of March 28, 1947, and regional economic integration organizations established by sovereign ECE member States, to which their member States delegated authority over matters governed by the Convention, and delegated authority to conclude treaties relating to these matters.

Article 17

Ratification, acceptance,

approval and accession

1. The Convention is subject to ratification, acceptance or approval by signatory States and regional economic integration organizations.

2. The Convention has been open for accession by the States and organizations referred to in Article 16 since September 3, 1991.

3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall act as the Depositary.

4. Any organization referred to in Article 16 that becomes a Party to this Convention, while none of the member States of that organization is a Party to the Convention, will be bound by all obligations arising from the 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 the Convention. In such cases, both this organization and its member States cannot simultaneously enjoy the rights arising from the Convention.

5. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 16 declare the extent of their competence in matters governed by the Convention. These organizations shall also inform the Depositary of any relevant change in the scope of their competence.

Article 18

Entry into force

1. This Convention shall enter into force on the 90th day following the deposit of the sixteenth instrument of ratification, acceptance, approval or accession.

2. For the purposes of paragraph 1 of this Article, any document deposited by a regional economic integration organization shall not be considered as additional to the documents deposited by the member States of such organization.

3. For each State or organization referred to in Article 16 that ratifies, accepts, approves or accedes to this Convention after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the 90th day following the deposit by such State or organization of its instrument of ratification, acceptance, approval or accession.

Article 19

Withdrawal from the Convention

At any time after four years from the date of entry into force of this Convention for a given Party, that Party may withdraw from the Convention by written notification to the Depositary. Any such withdrawal shall take effect on the 90th day following the date of receipt of the notification by the Depositary. Any such withdrawal from this Convention shall not affect the application of Articles 3 to 6 of the Convention to planned activities for which a notification has been made in accordance with paragraph 1 of Article 3 or a request has been made in accordance with paragraph 7 of Article 3 prior to the entry into force of such withdrawal.

Article 20

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 Espoo, Finland, on the twenty-fifth of February, 1991.

Appendix I

List of activities

1. Oil refineries (with the exception of enterprises producing only lubricants from crude oil) and installations for gasification and reduction of coal or tar shale with a capacity of 500 tons or more per day.

2. Thermal power plants and other combustion plants with a thermal capacity of 300 megawatts or more, as well as nuclear power plants, etc. facilities with nuclear reactors (with the exception of research facilities for the production and conversion of fissile and reproducible materials, the maximum capacity of which does not exceed 1 kilowatt of constant thermal load).

3. Installations designed exclusively for the production or enrichment of nuclear fuel, the regeneration of spent nuclear fuel, or the collection, disposal, and reprocessing of radioactive waste.

4. Large installations for blast furnace and open-hearth production and non-ferrous metallurgy enterprises.

5. Installations for the extraction of asbestos and the processing and transformation of asbestos and asbestos-containing products: for asbestos-cement products, with an annual production of more than 20,000 tons of finished products; for friction materials, with an annual production of more than 50 tons of finished products; and for other uses of asbestos, with more than 200 tons/year.

6. Chemical plants.

7. Construction of motorways, expressways, tracks for railways long-distance flights and airports with a main runway length of 2,100 m or more.

8. Oil and gas pipelines with large diameter pipes.

9. Commercial ports, as well as inland waterways and ports for inland navigation, allowing the passage of vessels with a displacement of more than 1,350 tons.

10. Waste disposal facilities for incineration, chemical processing, or disposal of toxic and hazardous waste.

11. Large dams and reservoirs.

12. Groundwater abstraction activities in the event that the annual volume of water taken reaches 10 million cubic meters or more.

13. Pulp and paper industries producing 200 or more metric tons of air-dried products per day.

14. Large-scale mining, extraction and on-site processing of metal ores and coal.

15. Production of hydrocarbons on the continental shelf.

16. Large warehouses for storing petroleum, petrochemical and chemical products.

17. Deforestation of large areas.

* - For the purposes of this Convention:

- The term "motorway" means a road specially constructed and designed for the movement of motor vehicles, which does not serve roadside properties and which:

a) has, with the exception of certain sections on a temporary basis, separate carriageways for traffic in both directions, separated from each other by a dividing strip not intended for traffic, or, in exceptional cases, by other means;

(b) Has no intersection at the same level with roads, railway or tram tracks and footpaths; and

- The term "expressway" means a road that is intended for the movement of vehicles, access to which is possible only through interchanges or regulated intersections, and on which, in particular, stopping and parking on the carriageway(s) are prohibited.

Appendix II

Contents of the impact assessment document

impact on the environment

The information to be included in the environmental impact assessment documentation in accordance with Article 4 shall contain, at a minimum::

a) a description of the planned activity and its objectives;

b) a description, if necessary, of reasonable alternatives (for example, geographical or technological in nature) to the planned activity, including the option of abandoning the activity;

(c) A description of those elements of the environment likely to be significantly affected by the proposed activity or its alternatives;

(d) A description of the possible environmental impacts of the planned activity and its alternatives, and an assessment of their extent;

f) a description of the protective measures aimed at minimizing the harmful effects on the environment;

(f) A specific indication of the forecasting methods and the underlying assumptions, as well as the relevant environmental data used.;

(g) Identification of knowledge gaps and uncertainties that were identified during the preparation of the required information;

(h) If necessary, a summary of monitoring and management programs and all post-project analysis plans; and (i) a non-technical summary, if necessary, using visual means of presenting the material (maps, graphs, etc.).

Appendix III

General criteria to help determine the environmental significance of activities not included in Appendix I

1. When considering planned activities to which the provisions of paragraph 5 of Article 2 apply, interested Parties may examine whether the activity is likely to have a significant harmful transboundary impact, in particular on the basis of one or more of the criteria listed below:

a) Scale: Planned activities, the scale of which is large for this type of activity;

(b) Area: Planned activities that are carried out in or in close proximity to areas that are particularly sensitive or important from an ecological point of view (for example, heavily humidified lands designated under the Ramsar Convention, national parks, nature reserves, areas of special scientific interest, or archaeological, cultural or historical sites); as well as planned activities in areas where the specifics of the planned economic activity may have a significant impact on the population;

(c) Impacts: Planned activities that have particularly complex and potentially harmful effects, including those that have serious consequences for humans and valuable species of flora, fauna and organisms, threaten the current or possible use of the affected area and create pressures that exceed the level of environmental resilience.

2. To this end, Stakeholders are considering planned activities carried out in the immediate vicinity of the international border, as well as planned activities carried out in more remote areas that may have significant transboundary impacts at a great distance from the location of economic activity.

Appendix IV

Request procedure

1. The requesting Party or the Parties shall notify the Secretariat that it or they are submitting the question of whether any planned activity included in Appendix I may have a significant harmful transboundary impact to the inquiry commission established in accordance with the provisions of this Appendix. The notification specifies the subject of the request. The Secretariat shall immediately notify all Parties to this Convention of this request.

2. The Inquiry Commission consists of three members. The requesting Party and the other Party involved in the request procedure each appoint one scientific or technical expert, and the two experts so appointed appoint, by mutual agreement, a third expert who becomes chairman of the commission on the request. The latter is not a citizen of any of the Parties involved in the request procedure, does not permanently reside in the territory of any of these Parties, is not in the service of these Parties and was not involved in this case in any other capacity.

3. If the Chairman of the commission is not appointed upon request within two months after the appointment of the second expert, the Executive Secretary of the Economic Commission for Europe, at the request of either Party, shall appoint the chairman within the next two months.

4. If one of the Parties involved in the request procedure does not appoint an expert within one month after receiving the notification from the secretariat, the other Party may inform the Executive Secretary of the Economic Commission for Europe, who appoints the Chairman of the Commission upon request within the next two-month period. Upon appointment, the Chairman of the inquiry commission requests the Parties that have not appointed an expert to do so within one month. At the end of this period, the Chairman shall inform the Executive Secretary of the EEC accordingly, who shall appoint an expert during the next two-month period.

5. The Inquiry Commission shall adopt its own rules of procedure.

6. Upon request, the Commission may take all appropriate measures to carry out its functions.

7. The Parties involved in the inquiry procedure shall facilitate the work of the inquiry commission and, in particular, using all means at their disposal.:

(a) Provide her with all relevant documents, conditions and information; and

(b) If necessary, provide her 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 commission upon request.

9. If one of the Parties involved in the request procedure does not appear before the request commission or is unable to present 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 in the inquiry commission or the non-participation of one of the Parties in the presentation 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 due to the special circumstances of the case, the expenses of the inquiry commission, including the remuneration of its members, shall be divided equally by the Parties involved in the inquiry procedure. Upon request, the Commission keeps records of all its expenses and submits a final report on these expenses to the Parties.

11. Any Party that has a valid interest in the subject matter of the request procedure and may be affected as a result of issuing an opinion on the case has the right to participate in the proceedings with the consent of the request commission.

12. Decisions of the Commission on inquiry on procedural issues 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 dissenting opinion.

13. Upon request, the Commission shall submit its final opinion within two months from 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 generally accepted scientific principles. Upon request, the Commission transmits the final opinion to the Parties involved in the request procedure and to the secretariat.

Appendix V

Post-project analysis

The goals include:

a) monitoring compliance with the conditions set out in the permit or agreed upon when approving this activity, and the effectiveness of measures to reduce the impact;

(b) Impact analysis to ensure an appropriate level of management and preparedness in the face of uncertainty;

Appendix VI

Elements of bilateral and multilateral cooperation

1. The Parties concerned may, if necessary, establish an organizational mechanism or expand the powers of existing organizational mechanisms within the framework of bilateral and multilateral agreements in order to ensure the full implementation of this Convention.

2. Bilateral and multilateral agreements and other arrangements may include:

(a) Any additional requirements for the implementation of this Convention, taking into account the specific conditions prevailing in the respective subregions;

(b) The development of organized, administrative and other arrangements that should be based on the principles of reciprocity and equivalence;

(c) To harmonize their environmental protection policies and measures in order to achieve, to the greatest extent possible, consistency of norms and methods related to environmental impact assessment;

d) development, improvement and/or harmonization of methods for determining, measuring, forecasting and assessing impacts and conducting post-project analysis;

(e) The development and/or improvement of methods and programmes for the collection, analysis, storage and timely dissemination of comparable environmental quality data in order to provide baseline data for environmental impact assessment;

(f) The definition of thresholds and more specific criteria characterizing the importance of transboundary impacts related to the location, nature and scale of planned activities for which, in accordance with the provisions of this Convention, environmental impact assessment is applied, and the definition of critical loads of transboundary pollution;

g) if necessary, joint environmental impact assessment, development of joint monitoring programs, unification of calibration of monitoring devices and harmonization of methodologies to ensure compatibility of data and information obtained.

Appendix VII

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 5 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 thus 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 and may not have his usual place of residence on the territory of one of these Parties, may not be in their service or in any other capacity related to this case.

3. If the chairman of the arbitral tribunal has not been appointed after the expiration of two months after the appointment of the second arbitrator, 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 EEC, 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. Upon expiration of such period, the Chairman shall inform the Executive Secretary of the EEC accordingly, 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 arbitral tribunal established in accordance with the provisions of this Appendix 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 him with all relevant documents, conditions and information; and

(b) If necessary, provide him with the opportunity to summon witnesses or experts and hear their testimony.

10. The parties and the members of the arbitral tribunal shall respect the confidentiality of any information they receive in confidence 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. Before making a final decision, the arbitration court must verify the factual and legal validity of the claim.

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 Parties to the dispute shall share the court costs equally, including the fees paid by the members of the court. The Court registers all its expenses and submits a final report on these expenses to the Parties.

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 the 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. Its decision is final and binding on all Parties to the dispute. The arbitral tribunal shall bring its decision to the attention of the Parties to the dispute and the secretariat. The secretariat shall forward the information received to all Parties to this Convention.

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 arbitration court that issued the decision, or, if it is impossible to use the services of the latter, 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

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