In an installation, for example during manufacture, use, storage, handling, or disposal, or
Verdrag inzake de grensoverschrijdende gevolgen van industriële ongevallen
Geldig vanaf 4 februari 2007
Geldig vanaf 4 februari 2007
Verdrag inzake de grensoverschrijdende gevolgen van industriële ongevallen
Opschrift
Convention on the Transboundary Effects of Industrial Accidents
Preambule
Preamble
The Parties to this Convention,
Mindful of the special importance, in the interest of present and future generations, of protecting human beings and the environment against the effects of industrial accidents,
Recognizing the importance and urgency of preventing serious adverse effects of industrial accidents on human beings and the environment, and of promoting all measures that stimulate the rational, economic and efficient use of preventive, preparedness and response measures to enable environmentally sound and sustainable economic development,
Taking into account the fact that the effects of industrial accidents may make themselves felt across borders, and require cooperation among States,
Affirming the need to promote active international cooperation among the States concerned before, during and after an accident, to enhance appropriate policies and to reinforce and coordinate action at all appropriate levels for promoting the prevention of, preparedness for and response to the transboundary effects of industrial accidents,
Noting the importance and usefulness of bilateral and multilateral arrangements for the prevention of, preparedness for and response to the effects of industrial accidents,
Conscious of the role played in this respect by the United Nations Economic Commission for Europe (ECE) and recalling, inter alia, the ECE Code of Conduct on Accidental Pollution of Transboundary Inland Waters and the Convention on Environmental Impact Assessment in a Transboundary Context,
Having regard to the relevant provisions of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Concluding Document of the Vienna Meeting of Representatives of the Participating States of the CSCE, and the outcome of the Sofia Meeting on the Protection of the Environment of the CSCE, as well as to pertinent activities and mechanisms in the United Nations Environment Programme (UNEP), in particular the APELL programme, in the International Labour Organisation (ILO), in particular the Code of Practice on the Prevention of Major Industrial Accidents, and in other relevant international organizations,
Considering the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, according to which States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction of control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
Taking account of the polluter-pays principle as a general principle of international environmental law,
Underlining the principles of international law and custom, in particular the principles of good-neighbourliness, reciprocity, non-discrimination and good faith,
Have agreed as follows:
Article 1. Definitions
For the purposes of this Convention,
"Industrial accident" means an event resulting from an uncontrolled development in the course of any activity involving hazardous substances either:
- (i)
- (ii)
During transportation in so far as it is covered by paragraph 2d) of Article 2;
- (i)
"Harzardous activity" means any activity in which one or more hazardous substances are present or may be present in quantities at or in excess of the threshold quantities listed in Annex I hereto, and which is capable of causing transboundary effects;
"Effects" means any direct or indirect, immediate or delayed adverse consequences caused by an industrial accident on, inter alia:
- (i)
Human beings, flora and fauna;
- (ii)
Soil, water, air and landscape;
- (iii)
The interaction between the factors in (i) and (ii),
- (iv)
Material assets and cultural heritage, including historical monuments;
- (i)
"Transboundary effects" means serious effects within the jurisdiction of a Party as a result of an industrial accident occurring within the jurisdiction of another Party;
"Operator" means any natural or legal person, including public authorities, in charge of an activity, e.g. supervising, planning to carry out or carrying out an activity;
"Party" means, unless the text otherwise indicates, a Contracting Party to this Convention;
"Party of origin" means any Party or Parties under whose jurisdiction an industrial accident occurs or is capable of occurring;
"Affected Party" means any Party or Parties affected or capable of being affected by transboundary effects of an industrial accident;
"Parties concerned" means any Party of origin and any affected Party; j) "The public" means one or more natural or legal persons.