Decree of the Minister for Foreign Affairs No. 5 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Convention on Long-Range Transboundary Air Pollution
Valid
Effective from 22.03.1984
5
DECLARATION
Minister for Foreign Affairs
of 27 November 1984
concerning the Convention on Long-Range Transboundary Air Pollution
On 13 November 1979, the Convention on Long-Range Transboundary Air Pollution was negotiated and signed on behalf of the Czechoslovak Socialist Republic in Geneva.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instrument of ratification was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 23 December 1983.
The Convention entered into force on 16 March 1983 on the basis of Article 16 (1) and, for the Czechoslovak Socialist Republic, on 22 March 1984 on the basis of the same Article (2).
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on long-range air pollution crossing national borders
Contracting Parties to this Convention,
Decided to promote environmental relations and cooperation,
Recognising the importance of the action of the United Nations Economic Commission for Europe in strengthening such relations and cooperation, in particular in the field of air pollution, including remote transmission of air pollutants,
Recognising the contribution of the United Nations Economic Commission for Europe to the multilateral implementation of the relevant provisions of the Final Act of the Conference on Security and Cooperation in Europe,
taking into account the part of the Environment Chapter of the Final Act of the Conference on Safety and Cooperation in Europe calling for cooperation in the monitoring of air pollution and its effects, including the remote transmission of air pollutants, and for development through the international cooperation of an extensive programme of monitoring and evaluation of the remote transmission of air pollutants, starting with sulphur dioxide and with possible extension to other pollutants,
Taking into account the relevant provisions of the Declaration of the United Nations Conference on the Environment and, in particular, the 21st principle, which expresses a common belief that States have a sovereign right, in accordance with the Charter of the United Nations and the principles of international law, to use their own resources in accordance with their own environmental policy and to ensure that action within their competence or control does not harm the environment of other States or regions outside their national competence,
recognising the existence of potential short-term and long-term adverse effects of air pollutants, including cross-border air pollution,
concerned that the predicted increase in the level of pollution discharges in the region may increase such adverse effects,
recognising the need to study the consequences of the long-distance transmission of air pollutants and the need to seek solutions to recognised problems,
confirming their willingness to strengthen active international cooperation in the development of appropriate national measures and to coordinate State actions in the fight against air pollution, including long-range transboundary air pollution, through information, consultation, research and monitoring, have agreed on the following:
DEFINITIONS
For the purposes of this Convention:
(a) "air pollution" shall mean the introduction by man, whether directly or indirectly, of substances or energy into the air which have harmful effects of such a nature as to endanger human health, harm living resources and ecosystems and tangible property, as well as interfere and interfere with the recreational and other legitimate use of the environment and "air pollutants" shall be interpreted mutatis mutandis;
(b) 'long-distance pollution of the transboundary environment' means air pollution the physical origin of which is wholly or partly within the national competence of one State and which has negative effects on the territory under the jurisdiction of another State at such a distance that it is not generally possible to distinguish the proportion of individual sources or groups of emission sources.
BASIC PRINCIPLES
The Contracting Parties, taking due account of the facts and problems involved, shall be determined to protect man and his environment from air pollution and shall endeavour to reduce and, where possible, reduce and prevent air pollution, including long-distance air pollution crossing national borders.
The Contracting Parties under this Convention shall, through the exchange of information, consultation, research and monitoring, implement without undue delay a policy and strategy that will serve as a means of combating the discharge of air pollutants taking into account efforts already undertaken at national and international level.
The Contracting Parties shall exchange information and review their measures, scientific activity and technical measures aimed at combating as far as possible the discharges of air pollutants which may have adverse effects, thereby contributing to the reduction of air pollution, including long-distance transboundary air pollution.
On request, consultations shall be held at an initial stage between the Contracting Parties that are actually affected, on the one hand, or exposed to a significant risk of long-range transboundary air pollution, and the Contracting Parties, on the other hand, which are taking place and within their jurisdiction, or could make a significant contribution to long-range air pollution transboundary air pollution in relation to an activity carried out or intended by those Parties.
AIR QUALITY MANAGEMENT
Taking into account Articles 2 to 5, ongoing research, exchange of information and monitoring and its results, the costs and effectiveness of local and other corrective measures and in order to combat air pollution, in particular pollution arising from new or rebuilt installations, each Party undertakes to take the best measures and strategies, including the air quality management system and as part of control measures, in accordance with balanced development, in particular using the best available techniques, and low-waste and waste-free technology.
RESEARCH AND DEVELOPMENT
The Parties shall, in accordance with their needs, initiate and cooperate in the management of research and development:
(a) existing and proposed technologies to reduce emissions of sulphur compounds and other major air pollutants, taking into account technical and economic feasibility, as well as environmental implications;
(b) instrumentation and other techniques for monitoring and measuring emissions and ambient concentrations of air pollutants;
(c) improved models to better understand the long-distance transmission of air pollutants crossing borders;
(d) the effects of sulphur compounds and other major air pollutants on human health and the environment, including agriculture, forestry, materials, water and other natural ecosystems and visibility, in order to create a scientific basis for the relationship - dose / effect - aimed at protecting the environment;
(e) the evaluation of alternative measures to achieve environmental objectives from an economic, social and environmental perspective, including the reduction of long-range air pollution across borders;
(f) the development of training and training programmes on aspects of environmental pollution by sulphur compounds and other major air pollutants.
EXCHANGE OF INFORMATION
The Contracting Parties shall, within the Executive Authority referred to in Article 10 and in their mutual interest, exchange available information on:
(a) emission data on agreed dates, agreed air pollutants, starting with sulphur dioxide, originating from agreed-size network units, or the flows of agreed air pollutants, starting with sulphur dioxide, crossing national borders in agreed sections and agreed dates;
(b) major changes in national policy and in general industrial development and their potential consequences likely to result in significant changes in long-range air pollution across borders;
(c) monitoring of technologies for reducing air pollution related to long-range transboundary air pollution;
(d) the planned costs of regulating the national emissions of sulphur compounds and other air pollutants;
(e) meteorological and physico-chemical data relating to processes during the transmission of pollutants;
(f) physico-chemical and biological data concerning the effects of long-range transboundary air pollution and the extent of damage, *) which according to these data may be attributed to long-range air pollution transboundary air pollution;
(g) national, sub-regional and regional measures and strategies to control and control sulphur compounds and other major air pollutants.
IMPLEMENTATION AND OTHER DEVELOPMENT OF THE COOPERATIVE MONITORING PROGRAMME AND EVALUATION OF THE DURING DISEASES OF ELIMINATED ELIMINATION SUBSTANCES IN EUROPE
The Parties stress the need for the implementation of an existing "Cooperative Programme for the Monitoring and Evaluation of Long-Range Transport of Air Pollutants in Europe '(hereinafter referred to as" MEP') and, in view of the further development of the Programme, agree to emphasise:
(a) it is desirable for the Contracting Parties to participate and fully implement the "Cooperative Monitoring Programme (MEP)," which is at first stage based on monitoring of sulphur dioxide and close substances;
(b) the need to use comparable or standardised monitoring procedures wherever possible;
(c) it is desirable to establish a monitoring programme on both national and international programmes. The establishment of monitoring stations and the collection of data will be carried out under the national authority of the country where the monitoring stations will be located;
(d) it is desirable to establish a framework for a coordinated environmental monitoring programme based on current and future national, sub-regional and regional and other international programmes;
(e) the need to exchange, at agreed periods, data on the emissions of the agreed air pollutants, starting with sulphur dioxide, originating from network units of agreed sizes, or the flows of agreed air pollutants, starting with sulphur dioxide, cross-border at the agreed length sections and at the agreed periods. The method including the model used to determine the flows of air pollutants and the method including the model used to determine the transmission of air pollutants, based on emissions data from network units, shall be made available and regularly tested to improve methods and models;
(f) their willingness to continue to exchange and regularly update national data on the total discharge of the agreed air pollutants, starting with sulphur dioxide;
(g) the need to provide meteorological and physico-chemical data related to processes that take place during transfers;
(h) the need to monitor chemical components in other environments, such as water, soil and vegetation, as well as a similar monitoring programme to record the effects on health and the environment;
(i) it is desirable to extend the national networks of the MEP and make them operational for management and supervision purposes.
EXECUTIVE AUTHORITY
1. The representatives of the Contracting Parties shall, within the framework of the Elder Government Environmental Advisers, establish and meet at least once a year in this capacity.
2. The Executive Authority shall:
(a) evaluate the implementation of this Convention;
(b) to set up working groups, as appropriate, for the assessment of issues relating to the implementation and development of this Convention, which will prepare relevant studies and other documentation and submit recommendations to the Executive Authority for consideration to that end;
(c) perform any other function which may be appropriate under the provisions of this Convention.
3. The Executive Authority shall use the Management Committee for EMEP as an integral part of the implementation of this Convention; in particular with regard to the collection of data on scientific cooperation.
4. In the performance of its functions, the Executive Authority shall, if it deems it appropriate, also use the information of other relevant international organisations.
SECRETARIATE
The Executive Secretary of the United Nations Economic Commission for Europe will perform the following secretariat functions for the Executive Authority:
(a) convene and prepare meetings of the Executive Authority;
(b) to transmit to the Parties reports and other information received in accordance with the provisions of this Convention;
(c) carry out the functions laid down by the Executive Authority.
APPENDIX TO CONVENTION
1. Either Contracting Party may propose amendments to this Convention.
2. The text of the proposed amendments shall be forwarded in writing to the Executive Secretary of the United Nations Economic Commission for Europe, who shall transmit them to all Contracting Parties. The Executive Authority shall discuss the proposed amendments at the next annual meeting provided that these proposals have been circulated by the Executive Secretary of the United Nations Economic Commission for Europe to all Contracting Parties no later than 90 days in advance.
3. The Appendix to this Convention shall be adopted by consensus of the representatives of the Contracting Parties and shall enter into force for the Contracting Parties which approved it on the 90th day following the date on which two thirds of the Contracting Parties deposited their instruments of acceptance with the depositary. The Appendix shall then enter into force for any Contracting Party on the 90th day following the date on which that Contracting Party deposits its instrument of acceptance.
DISCLOSURE
If a dispute arises between two or more Contracting Parties to this Convention as regards its interpretation or implementation, they shall seek a solution by negotiation or by any other means of dispute resolution acceptable to the Parties in the dispute.
DESCRIPTION
1. This Convention shall be open for signature at the United Nations Office in Geneva from 13 to 16 November 1979 on the occasion of high-level meetings on environmental protection within the European Economic Commission by the Member States of the European Economic Commission and by the States having a consultative status in the European Economic Commission pursuant to Article 8 of United Nations Economic and Social Council Resolution 36 (IV) of 28 March 1947 and by regional economic integration organisations consisting of the sovereign Member States of the European Economic Commission, which are responsible for the negotiation, conclusion and application of international agreements in matters governed by this Convention.
2. Within their competence, such regional economic integration organisations shall, on their behalf, exercise the rights and fulfil the obligations assigned by this Convention to their Member States. In such cases, Member States of such organisations shall not be authorised to exercise such rights individually.
RATIFICATION, ACCESS, APPROVAL AND ACCESS
1. This Convention shall be subject to ratification, acceptance or approval.
2. This Convention shall be open to access from 17 November 1979 to the States and organisations referred to in Article 14 (1).
3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall act as depositary.
INSTALLATION IN FORCE
1. This Convention shall enter into force on the 90th day following the date of deposit of the 24th instrument of ratification, acceptance, approval or accession.
2. For each Contracting Party which ratifies, accepts or approves this Convention or accedes to it after the deposit of the 24th instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the 90th day following the date on which that Contracting Party deposited its instrument of ratification, acceptance, approval or accession.
DECLARATION
At any time after five years from the date of entry into force of this Convention for a Contracting Party, that Contracting Party may notify the depositary in writing of the denunciation of the Convention. Any such statement shall be valid 90 days after the date of receipt by the depositary.
VALIDITY OF THE TEXT
The original of this Convention, the English, French and Russian texts of which are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In order to prove the signature below, duly authorised for this purpose, they have signed this Convention.
Dane in Geneva, on 13 November in the year one thousand and ninety-nine.
*) This Convention does not contain rules on State liability for damage caused.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 5 / 1985 Coll., on the Convention on Long-Range Transboundary Air Pollution |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.1985 |
|---|---|
| Effective from | 22.03.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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