Environmental Co-operation in the Baltic Region
3. International Conventions Within the Field of Environment
Due to the cross-border character of the pollution and the nature protection, it has been necessary for countries and unions of countries to agree on which activities each individual country must carry out for the sake of entirety.
Such agreements will become part of international law, which regulate the relations between states and the obligations of states to arrange internal legal conditions in a certain way. A convention of the treaty right has been agreed upon within the UN, and it came into force on 27 January 1980. According to its contents, the convention only binds countries, which have ratified it, but it is anticipated that the rules of the convention apply to everybody, since the convention is in most fields based on the common part of international law.
International agreements have many names, for instance treaty, convention, journal, and covenant.The name of the agreement does not have legal implication and oral agreements may also be binding if competent parties have entered them.
Within the field of environment, the agreements are normally named conventions and covenants and they are binding as per their content.
An international agreement is like other agreements made by the parties' exchange of declarations. This may take place by signature, exchange of notes, ratification, approval, and acceptance or in any way that has been agreed upon.
In case of agreements, the fulfilment of which demands the participation of national parliaments, it will typically be part of the agreement that it will not come into force until a certain number of the participants have confirmed the agreement by a so-called ratification of the agreement.
Before ratification of the agreement, the countries taking place in the negotiations have normally signed the agreement. Unless otherwise indicated in the agreement, signing of the agreement is only supposed to have legal importance, partly because it determines the final contents of the convention, partly because it obliges the signing country to abstain from negotiations that will make the convention superfluous. Within the field of environment, this could for instance be the case if one country would extirpate the entire population of a certain type of migratory birds that the countries had just agreed to protect.
Entering into binding international agreements may also take place by a country accessing a convention by so-called accession.
This chapter includes a detailed description of agreements within the field of environment, of which some have been briefly described in the previous chapter.The description is based on a number of recurrent themes, which makes it easy quickly to get information about central questions related to international guidelines. Systematic details on the way in which the countries have bound themselves are not given in the following; as a principal rule it is only indicated which countries in the Baltic area are valid parties to an agreement.
3.1 Regional Conventions
3.1.1 The Helsinki Convention on Protection of the Marine Environment in the Baltic Area (1974 + 1992)
Purpose and Origin
The Convention of 22 March 1974 regarding protection of the marine environment in the Baltic Area, the Helsinki Convention, came into force on 3 May 1980. The purpose of the convention is protection of the Baltic against all kinds of pollution, i.e. against dumping and pollution from landbased sources, ships, oil platforms, and aeroplanes. To reach this target, the convention invites to take steps to combat various sources of pollution.
On 9 April 1992, a new and revised convention was signed. It came into force on 17 January 2000 and covers the same subjects as the 1974 convention, but it includes a number of tightening and modernisation in the light of the development within the field of environmental protection. New elements are natural protection and biodiversity.
Geographic Limits
The convention covers the entire Baltic area up to Skagen, including the Great Belt, the Little Belt and Kattegat. The internal waters are directly covered by the 1992 Convention, and the run-off areas to the Baltic are covered as far as land-based pollution is concerned.
Contracting Parties
The convention of 22 March 1974 was signed and ratified by Denmark, Sweden, Western Germany, Finland, the Soviet Union, Eastern Germany, Poland, Estonia, Lithuania, Latvia and the EC.
The new convention of 1992 was signed and ratified by Estonia, Finland, Latvia, Lithuania, the EC and ratified by Denmark, Estonia, Finland, Latvia, Lithuania, Poland, Russia, Sweden, Germany and the EC.
Besides the parties to the convention, a number of inter-governmental organisations and non-government organisations, as well as the government of Belarus, have the status of observers at the Helsinki Convention (HELCOM).
The inter-governmental observers are: Intergovernmental Oceanographic Commission (IOC), International Atomic Energy Agency (IAEA), International Baltic Sea Fishery Commission (IBSFC), International Council for the Exploration of the Sea (ICES), International Maritime Organisation (IMO), OSPAR Commission (OSPAR), United Nations Economic Commission for Europe (ECE), United Nations Environment Programme (UNEP),World Health Organisation (WHO), Regional Office for Europe (WHO/EURO), and World Meteorological Organisation (WMO).
The non-government observers are: Baltic Ports Organisation (BPO), Bird Life International, Coalition Clean Baltic (CCB), European Chlor-Alkali Industry (EURO CHLOR), European Fertiliser Manufacturers' Association (EFMA), European Union for Coastal Conservation (EUCC), International Environmental Agency for Local Governments (ICLEI), Standing Conference of Rectors, Presidents and Vice Chancellors of the European Universities (CRE), Stitching Greenpeace Council/Greenpeace International, Union of Baltic Cities (UBC) and World Wide Fund for Nature/WWF International.
Organisation and Decision process
It is the responsibility of the Helsinki Convention to make sure that the convention is observed. The convention meets once every year, and meetings are regularly held at ministerial level. Decisions made by the Helsinki Convention - these are made unanimously - are considered as recommendations to the governments involved. The recommendations contain a political, but not a legal - obligation for the member states to bring its national legislation in accordance with the recommendations.
At HELCOM's plenary meeting in March 1999, a new structure for the Commission was agreed upon, with a view to making the Commission more efficient and modern. Its activities should also be coordinated with the other environmental and natural protection activities in the Baltic, including the Baltic Agenda 21 and the Baltic Protection Programme as well as the relations to the EU.
The Presidency of the Commission is awarded in turns to the contracting parties every second year and in alphabetic order, according to the English names of the countries. According to the new structure, the Commission contains four permanent groups and a task force to implement the Baltic Support Programme, and the pertaining working groups, expert groups and ad hoc working groups.
The Environmental Monitoring and Assessment Group is working with a common monitoring programme covering different sectors of the marine environment, i.e. the open sea, coastal waters and air pollution. Data are collected in common databases and are regularly evaluated by experts from the Baltic countries in order to survey the environmental conditions.
The technical groups, i.e. the Landbased Pollution Groups, are working on reductions of the discharges into the sea and emissions into the atmosphere from urban areas, industry and non-point sources, including agriculture.
The Sea-based Pollution Group takes measures to reduce all types of pollution in connection with normal operation of ships and works with receipt facilities in ports for ship waste. It also co-ordinates the activities of the Baltic countries in connection with cases concerning pollution from ships and prepares rules and guidelines for cooperation in connection with reduction of the discharge of oil and other hazardous substances.
An integrated part of HELCOM is the secretary of the Baltic Sea Joint Comprehensive Action Programme (JPC) (see Chapter 4.3.6)
Fields of Activities
The Baltic countries are continuously working on developing and intensifying their co-operation. Dumping and incineration on the sea are strictly forbidden, except for dumping of dredge material collected from the sea bottom (dredging).
A series of recommendations have been adopted over the years concerning reduction of the pollution from industry and agriculture, urban wastewater and offshore activities. At the ministerial meeting in 1988, a ministerial declaration was signed, the objective of which was a reduction by 50% of the discharge of heavy metals, persistent organic matters and nutrients over a 10-year period (as per 1995). However, it appeared from an implementation report presented by the Commission at the ministerial meeting in 1998 that this objective has not been fulfilled for a number of substances, and a number of weaknesses and shortcomings of the data material were disclosed. A number of measures for repairing these problems were agreed upon, including an objective and strategy concerning hazardous materials with a view to reduction and phasing out of the most hazardous substances by the year 2020.
As part of the Baltic strategy for reception facilities in ports for ship waste, guidelines have been adopted concerning obligatory delivery of waste in the Baltic ports.
Relations to the EU
The situation is today very different from the start of the convention, where only Denmark and Western Germany were members of the EU, and where the EC as such did not participate. Now four Baltic countries are members of the EU, and four of the other countries have applied for membership. Besides, the EU is a contracting party to the Convention, and thus only Russia remains outside.
This means that the EU - not least within the regulatory field - has and will continue to have a crucial impact on HELCOM's work. At the same time, this underlines the importance of maintaining and developing the environmental co-operation with Russia in the Baltic area, including working for a stronger co-operation between the EU and Russia.
Technical and Financial Support Programmes
See Chapter 4.3.6.
Sources
The Danish Environmental protection Agency
Addresses
Internet address: http://www.helcom.fi
Helsinki Commission,
Katajanokanlaituri 6B,
FIN00160,
Finland
Tel.: +358 9 6220 220
Telefax : +358 9 6220 2239
E-mail: helcom@helcom.fi
3.1.2 The Gdansk Convention - the Convention of Fishery and Protection of the live Sources of Wealth in the Baltic and the Straits (1973)
Purpose and Origin
'The Convention of Fishery and protection of the live Sources of Wealth in the Baltic and the Straits', also named 'the Gdansk Convention', was signed in Gdansk on 13 September 1973. At a conference held in Warsaw in November 1982, certain parts of the original convention were modified. The most important modification was that Germany and Denmark retired for the benefit of the EU, which became a valid member on the part of the EU countries.The revised convention was signed on 13 November 1982 and became valid upon the ratification on 18 March 1984.
The purpose of the convention is to ensure a maximum and stable fish production in the Baltic and the Straits, and to protect the live sources of wealth at the same time as a rational exploitation is taking place.
Geographic Limits
The convention covers all waters of the Baltic and the Straits, except for the internal waters. The area is delimited to the west and the north by a line from Hasensøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen.
Contracting Parties
At the signing of the Convention in September 1973, it was signed by countries the coastal lines of which were towards the Baltic, i.e.: The Soviet Union, Finland, Sweden, Denmark,Western Germany, Eastern Germany, and Poland.
At the modification in November 1982, the EU as contracting parties replaced Germany and Denmark. Later, in 1995, Sweden and Finland retired because they obtained membership of the EU, and Estonia, Latvia, and Lithuania became valid members the same year.
Organisation and Decision process
In order to meet the objectives of the Convention, an international fishing commission has been created (the Baltic Fishing Commission). All contracting states can select maximum two representatives to be members of the Commission. Besides, all states are enEnvironmental Co-operation in the Baltic Regiond to select the number of experts and assisting consultants.
The Commission constitutes itself by selecting a President and a VicePresident among its members. Besides, the Commission lays down its standing orders and other conditions that the Commission might find necessary for its work.
Any of the contracting states has one vote in the Commission. A two-third's majority of the contracting states present must accept decisions and recommendations.
The decisions and recommendations of the commission are binding for the contracting states, unless a state decides to raise an objection against a decision or recommendation. In such case, the decisions or recommendations of the commission will not bind the state in question. The states have 90 days for making objections, but a state may at any time make objection against a decision or recommendation made by the Commission and will thereby have the right not to follow the Commission.
Fields of Activities
Three over-all fields of activities have been defined as obligations of the Commission:
 | Collects, compare, analyse and send out statistical material related to fishery, flora and fauna in the Baltic and the Straits. |
| Prepare proposals for co-ordination of scientific research. |
| Prepare and present recommendations. |
The Convention proposes recommendations within the following fields:
| Measures for adjustment of fishing tackle, equipment, and methods. |
| Measures for adjustment of minimum measures for fish and determination of protection periods. |
| Measures for creation of areas that are protected against fishing. |
| Measures for breeding and transplantation of fish and other organisms |
| Measures for distribution of fishing rights among the states |
| Control measures |
| Measures for protection and rational exploitation of the live sources of wealth of the sea |
Once every year, the Commission gives a series of recommendations for the following year. For instance an annually recurrent recommendation for the total allowable catches (TAC's) for the four economically most important species of fish, i.e. cod, salmon, herring, and sprat, with a specification of the maximum allowable catches for each individual country.
Besides, the Commission has adopted common fishing guidelines concerning mesh sizes; the minimum amount of landed fish, the percentage of subsidiary catches, and closed areas.Within the field of control, common guidelines have been adopted in order to make fishing control more efficient.
At an extra-ordinary meeting in 1998, the Baltic fishing commission adopted an Agenda 21 concerning sustainable development of the fishing sector in the Baltic area. The plan among others includes the framework for a long-term administration plan for salmon, cod, herring, and sprat.
Relations to the EU
The EU has accepted the Convention, and the EU has exclusive competence within the field of fishing.
Sources
The Danish Ministry of Food
Valid EU precepts, Document 283A0826
(02)
Valid EU precepts, Document 283A0826
(03)
Internet: http://www.ibsfc.org
3.1.3 The Agreement on small Cetaceans in the Baltic and the North Sea (1991)
Purpose and Origin
The purpose of the Small Cetaceans Agreement, 'The Agreement on the Conservation of Small Cetaceans of the Baltic and North Sea', abbreviated ASCOBANS, is to protect and administer all species of small cetaceans (i.e. all toothed whales, Odontocetti, except for the sperm whale, Physeter macrocephalus) in the Baltic and the North Sea. It is to promote the cooperation on scientific registration and supervision of small cetaceans, including modification of fishing tackle with a view to avoid unintended subsidiary catch too.The cooperation is intended to prevent discharge of substances into the sea environment that might potentially cause a threat to the health of the animals.
A regional agreement on protection of small cetaceans was originally proposed on Swedish initiative as part of the Bonn Convention, the purpose of which is protection of migrating species of wild animals, see chapter 3.2.9. As a forerunner of ASCOBANS, a Memorandum of Understanding on Small Cetaceans in the North Sea was agreed upon at the third North Sea Conference held in Haag in 1990.The final agreement was signed in September 1991 and the agreement came into force on 29 March 1994.
Geographic Limits
The agreement is limited to the North Sea, the Channel, and the Baltic, comprising the Gulf of Bothnia, the Gulf of Finland, Kattegat, The Sound, and the Straits.
Contracting Parties
Seven countries signed the agreement: Belgium, Denmark, The Netherlands, Poland, Great Britain, Sweden, and Germany.
Organisation and Decision Process
Each individual state selects a coordinating authority, which serves as contact for the secretariat of the agreement and the consulting scientific committee.
The purpose of the secretariat is among others to simplify the exchange of information and the co-ordination of supervision and research between the parties and international organisations.The secretariat is responsible for planning and holding meetings between the parties at least once every third year, and at these meetings the secretariat will present a summary of the progress obtained and the difficulties, if any, experienced since the latest meeting.The secretariat must prepare and maintain the financial accounts. The secretariat is connected to the UN and has offices in Bonn in Germany.
At meetings between the parties, decisions are made at simple majority, however, in connection with modifications to the agreement itself or in connection with financial decisions, 75% majority is requi-red. All parties are bound to follow the decisions made at the meetings between the parties. However, the decisions can not influence the rights of one party to take more strict precautions with a view to protect small cetaceans.
A consulting scientific committee has been formed, the purpose of which is to assist with consultancy services from experts and supply the secretariat and the parties with information about the protection and administration of small cetaceans. All parties select one member for the consulting committee. The Committee selects its president among its members and determines its own procedures. The consulting committee may invite other experts to participate in its meetings, and the committee may set down working groups.The consulting committee co-operates with organisations such as International Council of the Exploration of the Sea (ICES), International Whaling Commission (IWC), and The North Atlantic Marine Mammal Commission (NAMMCO).
Fields of Activities
It has been agreed that a protection and administration plan for small cetaceans shall be made, containing among others the following issues:
| an obligation to implement independent observation programmes with a view to assess the extent of unintentional subsidiary catch of small cetaceans, |
| an obligation to support the research within development of selective tools and other measures with a view to reduce the extent of unintentional subsidiary catch of small cetaceans, |
| an obligation to assess the limits for acceptable unintentional subsidiary catch, |
| an invitation to make laws with a view to reducing the subsidiary catch of small cetaceans, |
| an invitation to carry out research work within the food basis for small cetaceans, |
| an invitation to the parties to establish criteria for selecting protected areas for small cetaceans. |
All this has led to formulation of an action plan with the following contents:
| reduction of sea pollution, |
| reduction of direct impact from fishing (for instance subsidiary catch, especially porpoises), |
| reduction of indirect impact from fishing (for instance impact on food resources), |
| reduction of possible disturbances (for instance seismic surveys, ecotourism (whale watching)), |
| establishment of protected areas, |
| monitoring, status and population surveys, |
| establishment of national databases of subsidiary catches and stranded fish, |
| education and promotion. |
Relations to the EU
EU is co-signatory to the agreement, but no ratification has been made.
Sources
The Danish Agency of Forestry and Natural Protection
3.1.4 The Nordic Convention on Environmental Protection (1975)
Purpose and Origin
The Convention, which was signed on 19 February 1975 and came into force on 5 October 1976, obliges the courts and administrative authorities of the Nordic countries to ignore national borders in connection with hazardous activities. The Convention is a central part in relation to meeting the requirements of Article 30 of the Helsinki Convention (see chapter 3.1.1).
Geographic Limits and Contracting Parties
The Convention has been signed by Denmark, Norway, Sweden, and Finland and has been accepted by the parties. Iceland did not find its participation relevant because of the special geographic location of the country.
Organisation and Decision Process
The Convention is based on the precondition that the environmental guidelines of the Nordic countries are developed more or less in the same direction, but no institutional structure has been included in the convention to make sure this happens. However, such stipulations are included in the Helsinki Convention.
Fields of Activities
The Convention handles environmentally hazardous activities, such as "discharge of solid or liquid waste, gasses or other substances from the soil, buildings or systems in water courses, lakes or the sea. Use of the soil, the sea bottom, buildings or systems in other ways that entail or may entail disturbances of the surroundings, in the form of water pollution or other impact on the water conditions, sand drift, air pollution, noise, vibrations, temperature changes, ionising radiation, light and the like. Hazardous activities, which are adjusted by a special agreement between two or more of the contracting states, are kept outside the Convention.
The Convention also includes a series of stipulations concerning how information about the cases is exchanged between the authorities, a procedure for settling of cases in which the authorities can not reach agreement.
The Convention has the effect that citizens of another country must be heard and has the right to complain according to the same rules as the citizens of the country itself.
On various occasions, an assessment has been made of the use of the Convention in practise. It appears from this assessment that the Convention is used quite often. This especially applies to Article 5, according to which the contracting countries are obliged to inform authorities or the public in the other countries about cases that may have environmental impact on these countries.
There have also been cases in which decisions concerning permission to carry out contaminating activities in another country have been complained about by the authorities of another country. An example of this is the complaint from the Naturvårdsverket about the permission to extend the coalfired power plant on Amager. The more technical parts of the Convention about procedures for solving environmental conflicts between the countries have not been directly used in practise, but a parallel procedure was used at the time in the Danish/ Swedish Commission for Barsebäck.
Sources
Danish Environmental protection Agency
The home page of the Nordic Council of Ministers:
www.norden.org
3.1.5 The OSPAR Convention - the Convention on Protection of the Sea Environment in the Northeast Atlantic Area (1992)
Purpose and Origin
The first conventions for protection of the sea environment in the Northeast Atlantic Area, including the North Sea and Kattegat, were signed in 1972 (the Oslo Convention) and in 1974 (the Paris Convention) by the countries having coastal zones towards the north-east Atlantic Area.
On 22 September 1992, a new OSPAR Convention, integrating the Oslo and Paris Conventions, was signed. The OSPAR Convention came into force in the spring of 1998.
The purpose of the Oslo Convention was to avoid sea pollution by dumping and incineration at sea.The purpose of the Paris Convention was to protect the sea environment against pollution from offshore activities and land-based sources. The OSPAR Convention maintains these purposes, but it also includes protection of marine ecosystems and biological diversity against human activities.To live up to this purpose, the Convention invites the contracting parties to take all possible steps to combat various human activities and sources of pollution.
Geographic Limits
The Convention covers the Northeast Atlantic area, including the North Sea and Kattegat and the adjacent Arctic waters. Internal waters are also included.
Contracting Parties
The OSPAR Convention has been signed by the following countries: Belgium, Denmark, the EU, Finland, France, Ireland, Iceland, the Netherlands, Norway, Luxembourg, Portugal, Spain, Sweden, Switzerland, Great Britain, and Germany.
Organisation and Decision Process
The decision-making body of the Convention is the OSPAR Commission. The Commission meets once every year and every fifth year meetings are held at ministerial level. Decisions made by the OSPAR Commission are considered as OSPAR decisions and OSPAR recommendations. They must be made by unanimity, but 75% majority can also make decisions, in that case only the 75% bind themselves. Only OSPAR decisions are binding for the governments involved, and they must be incorporated in the national legislation of the parties.
The presidency of OSPAR is based on election every second year.
The Commission consists of two committees, subjacent working groups and ad hoc working groups:
| The Committee for Programmes and Measures is working towards reductions of the discharges into the sea and of the emissions into the atmosphere from urban areas, industry and nonpoint sources, including agriculture. Decisions/recommendations are prepared, which control, forbid or reduce the use of certain hazardous substances, or which reduce the discharges or emissions. |
| The Committee for Assessment and Monitoring is working with monitoring programmes covering various parts of the sea environment, activities having impact on the sea environment, and supplies of polluting substances from land-based sources and from air pollution. Data are collected and evaluated and reported regularly. Furthermore, a summarising Quality Status Report is regularly prepared, which assesses the environmental condition and the impacts from a general point of view. |
Fields of Activities
The Paris Convention includes a series of recommendations and decisions concerning reduction of discharges of hazardous substances, radioactive substances and oil, etc. and measures have been taken concerning reduction of the pollution by nutrients. The Oslo Convention has been modified several times, so that internal waters have been included under the field of the convention, incineration at the sea has come under control and is only accepted as an intermediary solution, and dumping of industrial waste has been stopped. Finally, it has been agreed to interpret the Oslo Convention so that control of dumping - including abandonment - of offshore oil rigs and ships is included under the Convention. By the signing of the new OSPAR Convention in 1992, dumping of radioactive substances came in under the Convention and was forbidden. At the OSPAR ministerial meeting in Portugal in July 1998, the following important decisions were made:
| Prohibitions of dumping of wornout offshore oil rigs. |
| A new objective and strategy for hazardous substances. |
| A new objective and strategy for radioactive substances. |
| A strategy for combat of and a common procedure for identification of eutrofication. |
| A new annex to the OSPAR Convention on protection and preservation of species and habitats, and the appurtenant strategy. |
Present and Future Strategy
In the years to come, the work of the OSPAR Commission will comprise implementation of the strategies agreed upon. Besides, discharges from offshore activities will be an essential issue.
The Relationship to the EU
The EU is a contracting party to the new OSPAR Convention, and today EU coordination meetings are regularly held in connection with the annual commission meetings in OSPAR. Among the 15 member countries in OSPAR, 12 are members of the EU, two are members of the European Economic Co-operation, and only Switzerland is outside the EU co-operation. It is therefore important to make sure that OSPAR's control within the marine field takes place in a co-ordinated way and in continuation of EU directives within the field of water.
Sources
Danish Environmental Protection Agency
Reports from the annual commission meetings
OSPAR's home page:
http://www.ospar.org/
3.2 Other International Conventions
3.2.1 The MARPOL Convention - The International Convention on Prevention of Ships Pollution (1973 1978)
Purpose and Origin
The Convention was prepared at an international conference on sea pollution held in 1973 in the UN's International Marine Organisation, IMO. It was later modified by protocol in 1978.
The purpose of the convention is protection of the marine environment against pollution from ships. However, the convention does not include dumping from ships, which is included under the Convention of 29 December 1972 on prevention of sea pollution by dumping of waste and other substances - the London Convention, see chapter 3.2.3.
Geographic Limits and Contracting Parties
The MARPOL 73/78 Convention is a global UN Convention, which has been accepted by all countries around the Baltic.
Organisation and Decision Process
The top decision-making organ is the General Assembly of IMO, who meet every second year.The decisions of the general assembly are made in the form of resolutions, which are sent by the various committees as draft versions.
The Marine Environment Protection Committee (MEPC) is the committee which primarily considers conditions in relation to MARPOL 73/78 and the committee may also within certain fields make decisions in the form of resolutions, among others by making modifications to the appendices of the convention.
Modifications to the very convention and agreement on new appendices to the convention normally take place at a conference with participation of the parties to the convention, which is called by the secretarygeneral of the organisation. However, the coming into force of modifications or new appendices requires that at least 15 member states, representing 50% of the commercial tonnage of the world, have ratified the appendix.
Fields of Activities
Through MARPOL 73/78, uniform rules have been established on a worldwide basis for transport and discharge of oil, hazardous liquid substances in bulk, hazardous substances in packages, sewage water and solid waste.
As a consequence of these rules, discharge of oil residue from the engine room etc. of a ship must not take place less than 12 miles from the closest coast. Oil tankers must be at least 50 miles from the closest coast before they discharge oil residue from the cargo. In special waters, including the Baltic and the North Sea, the requirements have been further tightened up. Thus, discharges must not at all take place from the cargo side, except for pure ballast water, and from the engine side, discharge of water must only take place with oil content of up to 15 ppm.
For oil tankers, separate ballast tanks are required, and for certain tankers, double bottom or double hull is also required.
The Convention also requires that discharges take place through approved filtration and control systems, which make sure that the oil content does not exceed the fixed quantity.
As far as discharge of hazardous liquid substances in bulk is concerned, discharge of the most hazardous substances may not take place until the tanks of the ship have been cleaned in the port. Hereupon, the ship should among others be at least 12 miles from the closest coast and the water depth must be at least 25 m. the requirements for cleaning of the tanks are more stringent depending on the hazardousness of the substances. In special waters, for instance the Baltic area, purification is required more often than normally, and some time a better purification is required, whereas the discharge conditions are the same as outside the special waters.
For hazardous substances in packages we talk about guideless for packaging, labelling, ships documents, stowage and reduction of quantities in relation to the hazardous substances which can be considered as marine polluters.
For toilet wastewater, finely divided and disinfected wastewater can be discharged more than 4 miles from the closest coast. If the wastewater has not been treated, if may only be discharged more than 12 miles from the closest coast.
Only wastewater treated in an approved treatment plant is not subject to the above restrictions in connection with discharge.
In connection with discharge of waste, discharge of plastic including synthetic ropes, fishing net, waste bags of plastic is forbidden. In special waters, only discharge of food waste is allowed, and the discharge must take place more than 12 miles from the closest coast.
By virtue of the Convention, as far as discharge of substances under Appendices I, II, and V is concerned, more strict rules for discharge into the so-called "special waters" can be set.
Present and Future Strategy
At a conference in 1997, a new appendix to MARPOL 73/78 was agreed upon, concerning reduction of air pollution from ships.
The Environmental Committee is working intensively on phasing out of tincontaining anti-fouling paints and replacement of these by treatment paints - methods that are not hazardous to the sea environment. Also a new appendix to the Convention on exchange of ballast water is being prepared in order to avoid that hazardous aquatic and pathogenic organisms are transferred from one region to another. During late years, the Environmental Committee has intensified its work in relation to the preparation of more strict requirements for establishment of receiving facilities in ports for ships-generated waste, since it has turned out that these facilities are to a great extent insufficient.
Relations to the EU
The EU Commission is participating as an observer at the meetings of the environmental committee. The Commission has during late years represented a more active and environmentally conscious behaviour than was earlier the case. This behaviour approaches the behaviour of the Baltic and North Sea countries in relation to protection of the sea environment.
Sources
The Danish Environmental Protection Agency
Internet: www.imo.org
Addresses
IMO
4, Albert Embankment
London SE1 7SR
UK
Tel.: 0171-735 7611
Fax: 0171-587 3210
3.2.2 OPRC - The Convention on oil Pollution and Awareness, Efforts and Co-operation (1990)
Purpose and Origin
The Convention is prepared under an international conference held in 1990 in IMO, The UN's International Marine Organisation.
By signing the convention, all parties bind themselves - individually or in common - to take all necessary steps in relation to the guidelines of this convention and its appendices, with a view to take measures to avoid and intervene in connection with an oil pollution accident.
Geographic Limits and Contracting Parties
The OPRC Convention is a global Convention under the UN, which has been signed by 45 countries, together representing 49% of the ship tonnage of the world. In the Baltic area, Norway, Sweden, Finland. Germany and Denmark have signed the Convention.
Organisation and Decision Process
The upper decision-making body is IMO's General Assembly, which meets every second year.Various committees make the decisions of the general assembly in the form of resolutions, which are sent as draft versions.
The Marine Environment protection Committee (MEPC) is the committee that is primarily in charge of relations to MARPOL 73/78. The Committee can within certain areas make decisions in the form of resolutions, among others by modifying the appendices of the Convention.
Modifications to the Convention itself and adoption of new appendices normally takes place at a conference with participation of the parties to the convention called by the secretary-general of the organisation.
Adoption of modifications or new appendices demand, however, that at least 15 member states, representing 50% of the commercial tonnage of the world, have ratified the new guidelines.
Fields of Activities
The Convention requires that emergency plans are prepared for ships, they determine how the individual persons responsible should report a case of oil pollution, and they describe which measures should be taken in connection with receipt of a report.
Furthermore, the contracting parties bind themselves to help other countries with assistance, both in connection with training, education and technical assistance, etc. This has among others had the consequence that uniform education programmes have been prepared, which can be used by countries that have to set up emergency plans against pollution.
Relations to the EU
The EU Commission participates as an observer at the meetings of the working group. The Commission has formed an advisory group of experts under DG XI as part of the EU's reaction to the Amoco Cadiz tanker accident in 1978 (Advisory Committee on the Control and Reduction of Pollution caused by Oil and Other Harmful Substances discharged at Sea (ACPH)).
The expert group gives advice to the Commission as to which studies and pilot projects the Commission shall help with financial support, and the contents and form of an information system created by the Commission. This information system among others contains information on all types of control material in the member countries, information on the emergency plans of the individual countries, and information about the behaviour of various substances in the sea environment. The information system on oil has now become operative, whereas the corresponding system for chemicals is expected to become operative within the near future.
Sources
The Danish Environmental Protection Agency
IMO's home page:
Internet: www.imo.org
Address
IMO
4, Albert Embankment
London
SE1 7SR
UK
Tel.: 0171-735 7611
Fax: 0171-587 3210
3.2.3 The London Convention - The Convention of 29th December 1972 on Impediment of Sea Pollution by Dumping of Waste and other Substances
Purpose and Origin
The purpose of the Convention, which was created within the UN, was signed in London on 29 December 1972, is to impede sea pollution by dumping, including disposal and incineration on sea of chemical waste. In November 1996, a protocol was signed which in many ways brings the convention ajour and incorporates earlier decisions.
Geographic Limits and Contracting Parties
The Convention is global. In the Baltic area, Sweden, Norway, Finland, Russia, Poland, Germany, and Denmark have signed the Convention.
Vanuatu, England, South Africa, Germany, and Denmark had on 1 March 1999 only signed the protocol. It will not come into force until 25 states have signed.
Organisation and Decision Process
The upper decision-making forum is the consulting meeting held each autumn. Decisions to modify the Convention or its appendices can be made by a majority of two thirds of the participants present. Normally, the decisions take the form of resolutions. The proposed modifications have most often been considered in the Scientific Group before they are presented at a consulting meeting as a proposal.The Scientific Group meets every spring. Further, various working groups have been created when required concerning dumping of low and medium-radioactive waste, disposal and incineration on sea of chemical waste. IMO (the International Marine Organisation of the UN) is responsible for the secretariat, which has offices in London.
Fields of Activities
The Convention has been working on a great number of problems. In summary, these can be divided in three groups:
| Adjustment of dumping in general - including detailed guidelines for disposals. |
| Adjustment of incineration on sea of chemical waste. |
| Adjustment of stop for dumping of low and medium-radioactive material. |
At the 16th Advisory Meeting of the London Convention in 1993, three major modifications of the Convention were made, which have now been incorporated in the annexes: Stop of dumping of radioactive waste, stop of dumping of industrial waste, and stop of incineration of liquid chemical waste on sea.
Hereby, a required modernisation took place, simultaneously with the incorporation of earlier results into the Convention.
The London Convention has formed the basis for a number of regional sea conventions, which have later been adopted, around the world.
Present and Future Strategy
The work of the London Convention has changed status from being advisory to forbidding certain activities. For the areas in which dumping is still allowed, firm and detailed guidelines are however required.
An increasing element of the work of the convention will in the future be technological and scientific transfer and to some extent financial support to third world countries.
Relations to the EU
The EU has the status of observer in the Advisory Meetings and in the scientific working group.
Sources
Danish Environmental Protection Agency
IMO's home page: www.imo.org
3.2.4 The Maritime Law Convention - Environment and Fish Part - The United Nations' Maritime Law Convention of 10 December 1982
Purpose and Origin
In 1973, the General Assembly of the UN decided to call the 3rd UN Maritime Law Conference.The purpose was to adopt a convention comprising all questions concerning legal conditions on sea. The convention included support to peaceful use of the sea, ensured uniform and efficient use of the resources of the sea, protected the live and not live resources of the sea, and protected and preserve the marine environment. The Maritime Law Convention (The UN Convention of the Law of the Sea (UNCLOS)) was adopted in 1982 and came into force on 16 November 1994.
Geographic Limits and Contracting Parties
The Convention is global and has today been ratified by 127 states. Among the Baltic countries, Sweden, Norway, Finland, Russia, Poland, and Germany have ratified the Convention. Lithuania has not signed nor ratified the Convention. Denmark has signed the convention, but has not yet ratified it.
Organisation and Decision Process
Pursuant to the Convention, a number of institutions have been created. The most important ones are the following:
| The International Sea Bottom Authorities (ISBA). This authority is an administrative authority that administers the use of the common resources outside the continental shelf. |
| The International Maritime Law Court (ITLOS).This court only settles cases related to maritime law. The participating states are free to bring a case for the court. |
| The Assembly of the Participating States (SPLOS). Meetings are held annually or biannually. At these meetings, among others budgets are discussed. |
| The Continental Commission (CLCS). This Commission considers possible requirements of participating states outside the 200 miles limit. |
Fields of Activities in connection with Environmental Protection
The Convention includes 320 Articles and 9 appendices. It seeks to treat all sides of the legal conditions at sea, including protection of the marine environment.
The marine law convention is interesting because of the institutionalisation of an exclusive financial zone, which is of up to 200 miles from the basic lines from where the width of the territorial seawater is calculated. If there is less than 200 miles between two coastal states, delimitation must be agreed upon on the basis of general international law, with a view to reaching an equitable solution.
If a coastal state makes an exclusive financial zone of up to 200 miles, the coastal state will get the sole and exclusive right among others to use the natural sources of wealth of the sea bottom, the underground and the surface waters (live and not live). This sole and exclusive right also includes the production of energy from the water, from currents and wind. Furthermore, the coastal state has jurisdiction as regards the creation and use of artificial islands (offshore oilrigs), installations and systems for protection and preservation of the marine environment. On the condition that the activities are not incompatible with the sovereignties given to the coastal states in the financial zone, the Convention allows other states the right to carry out activities in the zone in accordance with the principles of the freedom of open waters,.
The text of the Convention is - at least within the field of environment - regarded as reflecting the general international common law. Denmark therefore uses the guidelines set in the Chapter of the Convention concerning enforcement of environmental rules towards foreign ships, notwithstanding that Denmark is not a party to the Convention.
Relations to the EU
On 7 December 1984, the European Community signed the marine law convention of the UN. Besides, on 28 July 1994 the EC signed the agreement on use of Chapter XI in the Convention. The EC ratified the Convention and the special agreement on use of Chapter XI in the Convention of 1 April 1998.
Sources
Danish Environmental Protection Agency
Environmental Law and the Environment, Petricia W. Birnie, Alan E. Boyle, Clarendon Press, Oxford
3.2.5 The Geneva Convention on Long-range Cross-Border Air Pollution of 13 November 1979, with Protocols
Purpose and Origin
The final protocol of the Helsinki Convention in 1975 among others contained a proposal from the Soviet side of arranging European conferences on the cooperation within environment, energy, and transport.
On this basis, in 1976 the ministers of the environment of the Nordic countries decided to propose a European Convention with a view to reducing the air pollution, especially the pollution by sulphur compounds. The Nordic countries established a working group, which in 1978 could present to the UN's Economic Committee for Europe (ECE) a draft European Convention on reduction of long-range cross-border air pollution.
After long negotiations in the ECE, 34 countries and the EU Commission signed the Convention in November 1979. At the same time, a resolution was signed; the purpose of which was - until the Convention had been ratified - to implement the Convention on an intermediary basis, first and foremost with regard to sulphur compounds.
The first meeting in the temporary executive organ for the Convention took place in 1980. Here a working group was formed, which should clarify the impacts of the sulphur pollution.
The ECE Convention came into force on 16 March 1983, and the first meeting in the executive group was held in June the same year.
Geographic limits and Contracting Parties
The member states of the ECE and states with consultation status with the ECE can accept the Convention and protocols. It can also be accepted by the regional and financial integration organisations, which have been created by sovereign countries that are members of the ECE.
The convention has now been ratified/accepted by 44 member countries, including the Baltic countries and the European Union. Information on contracting parties in connection with the protocols is available in connection with the description of these.
Organisation and Decision Process
The work of the convention is controlled in accordance with Article 10 of an executive organ.
The executive organ meets once a year. At the meetings, information is given on relevant activities from the annual meeting in the Financial Commission for Europe of the UN. Besides, information is given on - and decisions are to the extent necessary taken concerning - ongoing activities both in the subjacent groups and in other groups within the ECE. The work plan for the coming year is discussed and agreed upon, and the budget for EMEP is approved.
During the past years, a structure of formal working groups and similar organs has been built up, and more informal meetings are taking place between experts.The primary groups under the executive organ are in 1998:
| The effect group, the group for control of the EMEP programme, the strategy group (negotiation organ) |
| The group for technologies etc. for reduction of emissions |
These groups have all been breeding with subjacent groups for environmental impacts, health, measurement and calculation tasks, mapping, and technology and economy.
Fields of Activities
The Convention is a framework convention that needs to be filled out by more operational tasks. Presently, 7 protocols have been prepared and signed, of which 5 have been ratified/accepted:
The Co-operative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe, EMEP was established in 1977. The protocol on longterm financing of EMEP was signed in 1984 and came into force in 1988.The countries in the Baltic region have ratified it. The financing of EMEP consists of obligatory annual contributions and voluntary contributions.The main purpose of EMEP is to give the member countries information on disposition and concentration of air polluting substances, as well as the quantity and the importance of long-range air pollution. The programme has three main elements: Collection of emission data, measurement of the precipitation quality, and modelling and calculation of the atmospheric migration of the air pollution. The figures from EMEP have been used to describe the air pollution in the Baltic region in Chapter 2.5.2.
The Helsinki Protocol on reduction of the sulphur emissions by at least 30% during the period 1980-1993 was signed in 1985. The countries that ratified the protocol reduced their total sulphur emission by 52% in the period 1980-1993. All of the Baltic countries, except for Estonia, have ratified the protocol.
The Sofia Protocol on NOx emissions was signed in 1988 and has now been ratified by 24 countries and the EU. 18 countries have met the requirements of the protocol on stabilising their NOx emissions in 1994 in relation to 1987.The USA have met the stabilisation requirement as well, but based on the year 1978. Some of the remaining countries can not be assessed at the moment due to insufficient data.
The Geneva Protocol on reduction of VOC emissions (volatile organic compounds) was signed in 1991. The protocol came into force in September 1997. It obliges the countries to reduce their VOC emissions by 30%. The background for this protocol is first and foremost that at the presence of sunlight and NOx,VOC produce ozone, which has hazardous impacts on both human health and ecosystems.
The Oslo Protocol on further reduction of sulphur emissions was signed in 1994. It came into force in August 1998. It is based on the concept of critical impact and application of the best available technology. As its basic obligation, the protocol contains emission limits from 30-87% of the 1980 SO2 emissions. The target year is 2000, but for some countries supplemented by target figures for 2005 and 2010. The longterm target of the protocol is to reach the depositions that do not exceed critical impact, see Chapter 2.5.5. The emission limits mentioned above correspond to a partial objective of closing the gap between critical impact, which may vary from one area to the other, and the actual deposition in 1990 by 60%.
The Aarhus Protocol on Persistent Organic Compounds (POP) was signed in June 1998. The purpose of the protocol is to control, reduce or eliminate discharges, emissions and loss of POPs to the environment.The production and use of some substances are forbidden. For other substances, their use has been widely restricted, whereas for some POPs, which are produced unintentionally by incineration and industrial processes, emission reductions are introduced, which are related to a year of reference. The protocol comprises 16 POPs. In connection with the protocol, 18 countries and the European Communities agreed upon a declaration laying restrictions on another 2 POPs (short-chained chlorinated paraffin and pentachlorophenol).
The Aarhus Protocol on heavy metals was signed in June 1998.The objective of the protocol is to reduce the emissions from a number of industrial processes and incineration processes (energy production, road transport and incineration of waste). The protocol sets limit values for stationary sources and guidelines for use of the best available technology. Besides, the protocol contains a requirement on phasing out of lead added to petrol and means for reduction of heavy metals from certain products, for instance mercury in batteries. A declaration in which the phasing-out time for lead added to petrol was the year 2005, was signed by 32 countries.
27 member countries signed the Göteborg Protocol on acidification, eutrophication, and production of ozone at the soil surface on 1 December 1999, including USA and Canada. The protocol contains environmental quality objectives for the three mentioned environmental problems with reduction requirements for the four polluting substances included in the processes, i.e. SO2, Nox, NH3 and VOC.
Relations to the EU
The EU takes part in the convention and a number of protocols.
Sources
Danish Environmental Protection Agency
ECE's home page:
www.unece.org
3.2.6 The Vienna Convention for Protection of the Ozone Layer - International Agree ments on Protection of the Ozone Layer (1985)
Purpose and Origin
The Vienna Convention for protection of the ozone layer is a framework convention from 1985, which was created under the UN Environment Programme, UNEP.The Montreal Protocol of 1987, which has later been revised or modified five times, filled out the Convention.
Geographic Limits and Contracting Parties
The Vienna Convention and belonging protocols are global and open to all the member states of the UN. In the middle of 1999, more than 160 countries had accepted the Vienna Convention and the Montreal protocol, including all countries in the Baltic region, which - except for Estonia - have also accepted the first modification to the Montreal Protocol.
The second modification to the protocol was accepted by all of the countries of the Baltic area, except for Russia and Estonia.
Only Norway, Canada, Chile and Korea have at present accepted the latest modification of the Montreal Protocol.
Organisation and Decision Process
The Vienna Convention is the first environmental convention, which, according to its contents, requires a continuous revision in the form of protocols, based on expert reports. This model has been an example for the solution of other global environmental problems.
The individual revisions of the Montreal Protocol relating to substances that destroy the ozone layer, have to be ratified individually. Countries are therefore only bound by the revisions that they have ratified. An annual meeting of the parties is held, at which decisions are made which are binding for everybody.
Fields of Activities
The Vienna Convention, 1985
The Convention is by and large a declaration of intent, but it also includes cooperation on research and exchange of information. At the same time, the convention is the necessary basis for the Montreal Protocol.
The Montreal Protocol
The most important point of the protocol is that it is revised regularly. The revision takes place based on scientific, technical, environmental, and financial assessments prepared by the panels of experts of the Montreal Protocol. This has led to a dynamic protocol, which has developed concurrently with new scientific findings and technological innovations.
The Montreal Protocol, 1987
The original protocol of 1987 only contains weak, binding agreements on reduction of the use and production of GFCs and halogens in industrialised countries. More than 160 countries have ratified the 1987 protocol.
The 1990 Revision of the Montreal Protocol
The control of CFCs and halogens was made much more stringent and other CFCs, tetrachloromethane and 1,1,1- trichloroethana were included in the control. More than 120 countries have ratified this revision.
Besides, an intermediary 'ozone foundation' was established for the period 1990- 93 for payment of extra costs for the countries under development in connection with introduction of technology entailing reduction or termination of the production and use of substances destroying the ozone layer.
The 1992 Revision of the Montreal Protocol
The control of CGCs, halogens, tetrachloromethane, and 1,1,1-trichloro-ethane was made much more stringent. Besides, HCFCs, HBFCs and methyl bromide were included, and for industrialised countries, revision of HFCFs and methyl bromide was agreed upon. All well-known, important substances that destroy the ozone layer are now included under the protocol.
Further, a mechanism or determination of 'essential' use was introduced, i.e. absolutely necessary use of certain substances in accordance with their phasing-out date. The mechanism includes that the individual parties make proposals, the panel for technology and economy assess the proposals, and the parties decide which types of use should be regarded as 'essential'.The 'ozone foundation' was made permanent (see later in this chapter). More than 80 countries have ratified this revision.
The 1995 Revision of the Montreal Protocol
For industrialised countries, the revision of HCFCs and methyl bromide was made more stringent. For countries under development, a phasing-out of the majority of substances was agreed upon, but for methyl bromide only a 'freezing' of the consumption. However, there are essential exceptions from the revision of methyl bromide. These exceptions comprise various objectives of 'quarantine' (the expression covers handling of goods, which are sent from one place to another in order to impede the distribution of NOxious animals).
The 1997 Revision of the Montreal Protocol
For the industrialised countries, the phasing out of methyl bromide was made more stringent. For countries under development, it was decided to phase out methyl bromide with a delay of 10 years compared to the industrialised countries. Only a small number of countries have ratified this revision.
The 1999 Revision of the Montreal protocol
The first steps for reducing the exceptions for methyl bromide to 'quarantine' were taken. A new substance - chlore bromomethane - was forbidden from 2002 - the production of CFCs, halogens, and methyl bromide in the industrialised countries for use in the countries under development is being phased out and will be stopped in 2010. The production of HCFCs is revised.
The Present Status
The results of the efforts have so far been good.The consumption of substances destroying the ozone layer has been reduced considerably - by approx. 80% converted to the ozone layer destroying effect, primarily in the industrialised countries, and total abolition of the substances in both industrialised countries and countries under development has been agreed upon.
The consumption of various substances/ groups of substances must be in accordance with the 1997 revision of the protocol and must be reduced and abolished in the following order:
Financing and Resources
The Ozone Fund has been established, which at present has approx. 150 million USD annually for financing. Every third year, the parties decide which amount of money shall be given to the fund during the next 3-year period. The industrialised countries, the payments of the individual countries being determined according to the UN-scale, pay the money.The money is used for projects in the developing countries for covering extra costs for termination of the production and use of substances destroying the ozone layer. A committee has been set up for assessment of the projects; this committee consists of 14 members, 7 from industrialised countries and 7 from developing countries.
The Global Environment Facility (GEF) has established an ozone window through which 'poor' industrialised countries may receive financial support. For instance, the former Soviet Republics receive project support from GEF's ozone window.
The parties have selected UNEP, UNDP (United Nations Development Program), UNIDO (United Nations Industrial Development Organisation) and the World Bank as responsible for monitoring the implementation of the projects.
Relations to the EU
The EU is part of the Fund, but they have no voting rights. All member countries have ratified the second revision and three member countries have ratified the third revision (Luxembourg, Spain, and Germany).
The rules have been implemented in the Union by ordinance.
Sources
Danish Environmental protection Agenc
UNEP's home page: www.unep.org
3.2.7 The Climate Convention (1992)
Purpose and Origin
The UN's Framework Convention of 9 May 1992 about climate changes (UNFCCC) came into force on 21 March 1994 after 50 countries had ratified the Convention. The long-term objectives of the Convention is that the atmospheric concentrations of green-house gasses caused by human beings should be stabilised at a level which prohibits dangerous human intervention into the climate system.
In principle, the climate convention comprises all greenhouse gasses created by human beings, which are not controlled by the Montreal Protocol (see chapter 3.2.6). Normally, 6 greenhouse gasses are referred to. The natural greenhouse gasses, i.e. carbon dioxide, methane, and laughing gas, and the industrially produced fluorine hydrocarbons, i.e. the HFCs, the PFCs, and sulphur hexaflouride.
The obligations of the Convention, as far as reduction of the emission of greenhouse gasses is concerned, are not sufficient for fulfilling the long-term objective. Therefore the Convention was supplemented by the Kyoto Protocol in December 1997, which is only expected to come into force during the next decade.
Geographic Limits and Con tracting Parties
The Convention and the protocol are both global. By 10 October 1998, the Climate Convention had been ratified in 176 countries, including all Baltic countries.
Organisation and Decision Process
The upper decision-making organ is the parties' conference, which is held once every year.The parties' conference makes decisions both concerning businessrelated matters such as the budget, and the more political matters such as modification of the convention and new protocols. So far no rules of procuration have been adopted for the parties' conference, and therefore not concerning voting rules and decision processes either. The decisions have been made by consensus.
Two subsidiary bodies have been established for preparation of the parties' conference: The Subsidiary Body for Implementation (SBI) and the Subsidiary Body or Scientific Technological Advice (SBSTA). These subsidiary organisations meet twice a year.
The Bureau of Convention comprices a Chairman, representatives from the five regional groups, the small island states, and the chairmen of the two subsidiary organs.
Fields of Activities
Besides the earlier mentioned longterm objective, the climate convention includes a long series of obligations towards the countries that have ratified the convention.
The general obligations among others concern a list of surveys of the emission of greenhouse gasses, presentation of programmes for reduction of the emission of greenhouse gasses, protection of CO2 stockpiles and drainage, promotion of the scientific research within the climate area and promotion of the knowledge of the population about and awareness of the climate changes.
The general obligations also include sending so-called national communication, in which a long series of national conditions with relation to the obligations of the countries shall be described. For the industrialised countries, these are especially emission surveys, programs for reduction of the emission of greenhouse gasses, and the expectations concerning future emissions.
For the industrialised countries, special obligations prevail. As far as the emission of greenhouse gasses is concerned, the industrialised countries have to stabilise their emissions in 2000 compared to 1990. The industrialised countries also have to make the necessary resources available in order for the developing countries to meet their obligations and have their expenses covered for adaptations to the climate changes. In order for the financial and sociological development of the developing countries to take place on a more sustainable basis, the industrialised countries have also bound themselves to promote and finance the transfer of sustainable technology and knowhow.
Finally, the convention contains a provision that the obligations of the countries -and especially the obligations of the industrialised countries, with regard to the emission of greenhouse gasses - must be looked into regularly with a view to meeting the longterm objective of the convention.
The Kyoto Protocol
The objective of the Kyoto Protocol is an intensification of the requirements of the climate convention, especially to the industrialised countries' emissions of greenhouse gasses. The stabilisation obligation of the climate convention was found to be far from sufficient for fulfilling the longterm objective, and the central part of the protocol is a concretisation and intensification of the obligations of the countries as far as the emission of greenhouse gasses is concerned.
The obligations are indicated as requirements to the emission of 6 greenhouse gasses, calculated in average values for the period 2008-2012 compared to 1990. The total reduction is estimated at a little more than 5%. A certain differentiation of the obligations has taken place. The EU countries and the Central and Eastern European Countries must reduce their emissions by 8%, the USA by 7%, and Japan and Canada by 6%. Russia and Ukraine must stabilise their emissions, whereas other industrialised countries such as Australia, Norway and Iceland due to special national conditions may increase their emissions by up to 10%.
The EU has -as for the Convention - selected to meet the reduction requirement in common. Consequently, within the EU a special scale has been developed including the contributions of the individual countries..
The Kyoto Protocol allows the possibility of trade in emission ratios, entries on the credit side for investments in projects in other industrialised countries and in the developing countries, and inclusion of CO2 intakes in forests. This should make the industrialised countries' reductions of the emission as cost-effective as possible. The stipulations for use of these co-called Kyoto mechanisms are being negotiated.
The Kyoto Protocol will not come into force until it has been ratified by at least 55 countries. Among these countries, the number of industrialised countries must be so high that their CO2 emissions represent 55% of the emissions of the industrialised countries in 1990. Considering that the CO2 outlet in the USA and Russia represented 36% and 17%, respectively, in total 53%, the coming into force of the protocol will depend on these two countries.
Present and Future Strategy
The climate panel of the UN has in 1995 estimated that if the concentration in the atmosphere of the most important greenhouse gas, CO2, is to be stabilised at the present level, immediate global reductions of between 50% and 70% will be required. Consequently, he obligations by which the industrialised countries have bound themselves are far from sufficient for meeting the long-term objective of the convention. To this comes that on a long-term basis, also the emissions from developing countries shall be subject to reductions.
It is the strategy of the EU within the climate convention that as soon as possible the parties will decide on a concretisation as to the level at which the concentration of greenhouse gasses in the atmosphere shall be stabilised.
Relations to the EU
The European Communities have ratified the climate convention and signed the Kyoto protocol. The European Commission participates as a full member in the work of the two instruments.
During the negotiations under the Convention / The Protocol, the opinions of the EU are co-ordinated by the presidency, which carries out negotiations on behalf of the European Communities.
Sources
The Danish Environmental protection Agency
Internet: www.ciesin.org
3.2.8 The Washington Convention - the Convention of 3 March 1973 on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Purpose and Origin
The purpose of the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, is to protect endangered wild fauna and flora by control of the international trade in these.
Geographic Limitation and Con tracting Parties
The convention is global and has been signed by 144 countries, including the Baltic countries, except for Lithuania, which however meets the requirements for issuing similar permits.
Organisation and Decision Process
A conference of the parties is held approx. every second year.
The conference of the parties is the decision making organ of the convention. The UNEP is in charge of the secretariat function.
The Scientific Council is expected to meet every third month in connection with recommendations as preparations for the participation of the Agency in EU's Scientific Survey Group for protection of wild fauna and flora by control of the trade herein.
Field of Activities
More than 3,100 species of animals and 35,000 plants are included in CITES. The species of fauna and flora are included into three lists: List No. I (the most endangered species), list No. 2 (the endangered species), and list No. III (the locally endangered species).Within the EU, four lists are taken into account: Appendix A, B, C and D, where Appendix A-C primarily concerns Lists I-III of the Convention. Appendix D comprises species for which just an overview of the number of imports to the EU is needed.Trade in the species mentioned in List No. It is forbidden.Trade in the species included in lists No. II and III may take place in a controlled way, so that the trade is not detrimental to the survival of the species in question in nature. The primary control in order to reduce the number of illegal transactions of species included under CITES takes place at the external borders of the European Community. Besides, especially the trade in species included in Appendix A within the European Community is being controlled. This control is undertaken in co-operation with the police and customs authorities.
An essential side of the implementation of CITES is information to the population. Current preparation and distribution of information material to interested parties do this.
Present and Future Strategy
On international level, a current revision and adaptation of the Washington Convention/ CITES take place. Specifically, it has been decided that all species of sturgeon are now included under the Washington Convention/CITES, i.e. the exportation of real caviar is now subject to the permit requirements of the Convention. This has been decided realising that Russia is no longer able to monitor the catches of sturgeon in the Caspian Sea and the illegal catches and exportation of caviar are now threatening the survival of the species.
Both the international CITES secretariat and the contracting parties are aware of the resource related problems related to an efficient implementation of the Washington Convention/CITES in the Eastern European countries in the Baltic Region and Russia. Within the framework of the EU, the CITES authorities from future EU member countries will be offered to participate as observers in a future meeting in the Administrative Committee of the EU for the Washington Convention/CITES.
Relations to the EU
The EU has implemented the Convention by two regulations: The Council's regulation No. 338/97 of 9 December 1996 on protection of wild fauna and flora by control of the trade herein and the Commission's regulation No. 939/97 of 26 May 1997 on implementation regulations in connection with the Council's regulation No. 338/97 on protection of wild fauna and flora by control of the trade herein.The consequence of the new EC regulations is that the European Communities have one of the most restrictive implementations of CITES in the world. On EU level, quarterly meetings are held in the administration committee and research committee, at which decisions are currently made related to the implementation of the regulations in the EU.
Sources
The Danish Forest and Natural Protection Agency
www.cites.org
Sarah Fitzgerald (1989): International Wildlife Trade:Whose business is it? World Wildlife Fund. 459 p.Washington D.C.
Fleming, Elizabeth H. (1994): The Implementation and Enforcement of CITES in the European Union. A TRAFFIC Europe Discussion Paper. TRAFFIC Europe, Brussels.
3.2.9 The Bonn Convention on protection of Migratory Species of Wild Fauna (1979)
Purpose and Origin
The Bonn Convention was adopted in 1979, but it only came into force in 1983. The purpose of the convention is to strengthen the protection of migrating wild animals, which regularly cross the national borders.
Geographic Limits and Contracting Parties
The Convention is a global agreement, which at present has 54 contracting parties, including the following countries in the Baltic area, which have ratified the Bonn Convention: Denmark, Finland, Norway, Poland, Sweden, and Germany.
Organisation and Decision Process
Conferences of the parties are held at intervals of 2-3 years.The conference of the parties is the decision-making organ of the Convention. UNEP is in charge of the secretarial function. A scientific council is connected to the Convention, for which each of the parties can select a qualified expert. Besides, the conference of the parties selects a number of qualified experts to the council. The council is among others meant to attract the attention of the parties towards all questions related to the objective of the convention.
Fields of Activities
The Convention assures that the necessary measures are taken to protect species that do not have a favourable population status, and endangered species (List No. I of the Convention). The parties must, by taking the necessary measures, try to prevent migrating parties from being endangered.
Besides, the parties must try to make agreements on protection and administration of species included under List II of the Convention. The Convention makes guidelines as to how such agreements should be made. It is among others determined that the agreement must cover the extension of the entire migrating species in question, and that the agreement must be open for acceptance of all states in which the species in question is found, regardless of whether they are contracting parties to the Convention.
The most important objective of the convention is to further signing of regional agreements concerning protection of the individual migrating species or groups of animals mentioned in Lists I and II of the Convention.
Under the Convention, agreements on protection of the following species have been signed:
| Bats in Europe |
| Small cetaceans in the Baltic and the North Sea |
| Seals in the South West Jutland coastal mudflats |
Present and Future Strategy
The future objective of the convention is to obtain better coverage on a global level, by more countries than the present 54 accepting the Convention. Especially in relation to protection of the migrating fauna species of the Baltic region, it is necessary that the Baltic countries become parties to the Convention.
In order to protect the water birds in the Baltic area, it is furthermore regarded as essential that the Baltic countries sign the water bird agreement. It is important to the future of the convention that regional agreements are made in other parts of the world, about common protection measures etc. of the migrating species, for which the convention seeks to improve the conditions.
Relations to the EU
The EU is a member of the Convention.
Sources
Danish Forest and Natural Protection Agency
The home page of the Bonn Convention: http://www.wcmc.org.uk/cms
3.2.10 The Ramsar Convention - Convention on Wetlands of International Importance as Habitats for especially Water Birds and Fish (1971)
Purpose and Origin
The Ramsar Convention of 2 February 1971 on protection of wetlands of international importance as habitats for especially water birds and fish is a result of UNESCO's work.
The Ramsar convention is the eldest worldwide convention, which has a broad natureprotecting objective, i.e. the protection of wetlands and their characteristic flora and fauna. The Convention indicates that wetlands represent a resource of great financial, cultural, scientific, and recreational value, and that the wetlands would be irreplaceable.
Geographic Limits and Contracting Parties
The Ramsar Convention is a global agreement, which has been signed by 112 countries. All states of the Baltic region have signed and ratified the Convention, except for Belarus.
Organisational Structure and Deci sion process
The Ramsar Convention is today administered by a secretariat, the Ramsar Convention Bureau, and by a Standing Committee. The secretariat must at least once every third year call a conference of the parties. The conference of the parties has a number of overall tasks, which are further specified and determined in the convention, with a view to review and further the fulfilment of the convention.
The conference of the parties has authority to adopt recommendations and resolutions with a view to further the effects of the convention.The conference of the parties may for instance discuss fulfilment of the convention, modify lists, assess information on modifications of the ecological character of wetlands, and direct concrete recommendations to the parties. The conference of the parties may also request relevant international organisations to prepare reports and statistical surveys of conditions related to wetlands, which are of predominantly international character.
The conference of the parties shall determine and currently verify the financial statutes of the convention, and agree on a budget for the following accounts period. Each of the contracting parties represented at the conference has one vote, since recommendations, resolutions and decisions are adopted by simple majority among the parties present and voting, normally however by consensus. Contributions are made to the budgets of the convention according to a contribution scale that has to be agreed upon unanimously.
Fields of Activities
The Convention text's definition of wetlands is very broad. It comprises both lakes and marches etc. and brackish and salt wetlands, the depth of which does not exceed 6 meters. A wetland is considered to be of international importance if:
| 20,000 water birds regularly are in the areas, |
| 1% of a population of a species or subspecies of water birds regularly is in the area, |
| the area is of importance to originally indigenous species of fish, in certain stages of the life cycle of fish |
| representative species of fish in the wetlands give an important contribution to the global biological diversity, or |
| the area is an important foraging, spawning, reproduction or rest area for survival of certain fish populations The countries that have signed the convention must select at least one wetland to the list of internationally important wetlands. |
The inclusion of a wetland into the list does not mean an intervention in the exclusive, sovereign rights of the country.There is however an international obligation for the country to make and implement planning with a view to further the protection and make sure that the use of the wetlands takes place in an economically sustainable way.The administration of the Ramsar areas shall thus both take into account the ecological values of the areas and any wishes to use the resources and recreational values of the area.
The countries also bind themselves in general to protect wetlands and water birds within the borders of the country, for instance by creating nature refuges in wetlands - regardless of whether these areas have been selected as Ramsar areas - and by ensuring a convenient supervision of wetlands. There is also an obligation to inform the convention of changes in the ecological character of selected wetlands.
The convention's worldwide importance to the protection of wetlands has been increased during late years, among others because more and more developing countries have signed the convention. In this connection, it is especially of importance that recommendations have been adopted on protection of mangrove/march areas, environmental impact assessments, the influence of the local population on the preparation of administration plans, training in the administration of wetlands, and the opening of a regional office in the Ramsar Bureau.
The Ramsar Convention is working closely together with the Convention on Biological Diversity. On 19 January 1996 a Memorandum of Co-operation was sent out between the Convention on Biological Diversity and the Rams Convention, whereupon the secretariats of these conventions shall co-operate, exchange information, coordinate work programmes and urge the parties to protect and administer the existing wetlands in a reasonable way.
The Bureau has also co-operated with the Global Environment Facility, which has adopted an Operational Strategy, in which there is a special reference to the Ramsar Convention in connection with support to the protection of international wetlands.
Present and Future Strategy
The mission of the convention is protection and sustainable use of wetlands through national actions and international co-operation in order in this way to contribute to a sustainable development. The Convention will, during the year to come, work on extending a sustainable use of wetlands, increase the attention towards wetlands, make sure that all Ramsar areas obtain the required protection, increase the number of selected wetlands, and mobilise international co-operation and financing of protection of wetlands.
Relations to the EU
All of the EU countries are parties to the Ramsar Convention. However, the EU as such is not a party to the convention, which does not include stipulations that allow such membership. In reality, there is wide EU competence within the fields of the Ramsar Convention, first and foremost through the obligations of the Birds Protection and Habitat Directive to protect important types of nature and species of fauna and flora in general
Sources
The Danish Forest and Natural Protection Agency
http://www.ramsar.org
3.2.11 The Bern Convention - Convention on Protection of the European Fauna and its Natural Habitats (1979)
Purpose and Origin
The Bern Convention was prepared and signed in 1979 by the then member states of the Council of Europe.
The Convention is based on the fact that the numbers of many species of fauna and flora were in rapid decline or directly in danger of extermination. A formalised cross-border co-operation was required, in order to protect the species of fauna and flora and their natural habitats in an efficient way.
Geographic Limits and Contracting Parties
The Convention is global, and among the countries in the Baltic region, the following have ratified the Convention: Denmark, Estonia, Finland, Latvia, Lithuania, Poland, Sweden, and Germany. Also the EU has ratified the Convention.
Organisation and Decision Process
The overall administration of the convention is taken care of by 'The Standing Committee', to which all contracting parties may send a delegation, i.e. a kind of parties' conference. 'The Standing Committee' is responsible for the following:
| The Committee must held at least biannual meetings, and when a meeting is desired by a majority of the parties |
| The Committee is responsible for the revision of lists, recommendations for measures to be taken by the contracting parties, and proposals for improvement of the convention |
| The Committee has the competence, at its own initiative, to arrange meetings of expert group members |
The daily administration of the convention is the responsibility of the secretariat of the European Council.
Fields of Activities
It is the objective of the convention to attract more attention to the threatened species. The fields of activities are expressed in four lists, which are attached as appendices to the Convention:
| strongly protected flora (List I), |
| strongly protected fauna (List II), |
| protected fauna (List III), and |
| forbidden methods of killing and catch, and other methods of exploitation of fauna (List IV). |
As a consequence of the Convention, the parties are obliged to arrange for protection of the species mentioned in the lists, and to try to include regard to the species in the other administration and planning.
Besides the tasks of the Convention itself, the Standing Committee is in charge of Action Theme 11, 'Action for Threatened Species' under 'The Pan-European Biological Strategy for Landscape Diversity'.
Present and Future Strategy
The strategy of the Bern Convention is that on a long-term basis, a network of habitats should be developed (The Emerald Network), the purpose of which is to consider the interests of the species of flora and fauna mentioned in the lists of the Convention, and their habitats.
It is estimated that the Birds' Protection and Habitat Directive of the EU and the consequent selection of Birds' Protection and Habitat Areas, which will together form the so-called NATURA 2000 Network, will come to play a major role in safeguarding the habitats for species included in the Bern Convention lists.The intention is therefore that the network should be extended in close relation to NATURA 2000.
Relations to the EU
The EU is party to the Bern Convention. As a consequence of the EU Birds' Protection Directive and the EU Habitat Directive, implementing great parts of the convention, the competence covers practically the entire area.
Sources
The Danish Forest and Natural protection Agency
The official home page of the Bern Convention:
http://www.conventions.coe.int
3.2.12 The World heritage Convention - the Convention on Protection of the Cultural and Natural herit age of the World (1972)
Purpose and Origin
The background for UNESCO's adoption of the Convention of 16 November 1972 on protection of the World's cultural and natural heritage was the realisation that the world's natural and cultural heritage can not be taken sufficiently into account on the national level.
Geographic Limits and Contracting Parties
The World's Convention is global and has been signed by in total 156 states, including the following countries in the Baltic Region: Denmark, Estonia, Finland, Belarus, Latvia, Lithuania, Poland, Russia, Sweden, and Germany.
Organisation and Decision Process
An inter-state Committee has been established for administration of the convention, including 21 members selected from the member states, on the condition that an equal representation must be assured between the different parts and cultures of the world.
The member states are under obligation to nominate national subjects for world heritage and apply for inclusion into the list. Once applications from the individual countries have been submitted, the application must be approved by the International Council on Monuments and Sites (ICOMOS) and the World Conservation Union (IUCN), before the committee can approve the nomination.
Based on information from the individual member countries, the committee prepares a world inheritance list, which must be published at least every second year.
The secretarial functions of the committee are the responsibility of UNESCO.
Fields of Activities
The most important field of activity of the convention is to create attention and protect the elements that the committee finds to be of such universal importance that they are enEnvironmental Co-operation in the Baltic Regiond to be included into the world inheritance list.
As an appendix to the list, the committee makes a list of endangered world cultural and natural inheritance. The purpose of this list is to attract extra attention for the areas, which are in actual and potential danger of destruction, for instance because of natural catastrophes or war. Revised Version of this list is sent out once every year.
Present and Future Strategy
The strategy of the Convention has during late years developed to give more emphasis to co-ordinating the work with other international conventions, which have more or less identical purposes. Great efforts are made to attract countries that have not yet become members of the Convention. Also a global strategy has been established, aiming at better representation of the cultural inheritance in countries of the third world and better representation of natural areas and especially areas, which have a combination of natural and cultural values.
There are no specific cultural measures for the Baltic area, but with the Baltic countries' ratification of the treaty in the 90'ies, a basis has been created for coordinated efforts for the region. Such coordinated efforts for the region may be an extension of the co-operation developed by the Nordic countries. This co-operation has among others resulted in a test project, in connection with which a Nordic World heritage office has been opened in Oslo as per 1 January 1996, the purpose of which is to co-ordinate the efforts across the borders.
Relations to the EU
The EU is not an independent party to the Convention, but all 15 EU countries have signed the Convention.
Sources
The Danish Forest and Natural protection Agency
Internet: www.unesco.org/whc/nwhc
3.2.13 The Convention on Biological Diversity (1992)
Purpose and Origin
The UNEP Convention on biological diversity was signed at the Rio Conference in 1992. Biological diversity or biodiversity is the multitude of live organisms in all environments, both on land and in water, and the ecological correlation that the organisms are part of. Biodiversity both comprises the variety within and between the species, and the multitude of ecosystems.
There are three principal objectives of the Convention:To maintain the biological diversity, use the biological resources in a sustainable way, and assure a reasonable and fair distribution of the advantages that are a result of the exploitation of the genetic resources.
The main obligations of the convention are the following:
Development of national biodiversity strategies;
| Identification and supervision of the biological diversity; |
| Establishment of protected areas, reestablishment of impoverished or degraded eco-systems and control of setting out foreign species; |
| Implementation of training and research programmes concerning maintenance and sustainable use of biodiversity and support to such programmes in the developing countries; |
| Preparation of environmental impact assessments in preparation of projects that may reduce the biodiversity; |
| Technical and scientific cooperation, especially with the developing countries, with a view to implementing the convention; |
| Safeguarding and promotion of the access to genetic resources; |
| Safeguarding of the access to and transfer of technology; |
| Exchange of information between the parties about all subjects of importance to the biodiversity; |
| Promotion of public knowledge of and attention towards biodiversity, technical and scientific co-operation, especially with the developing countries, with a view to implementing the convention and the exchange of information between the parties on all subjects of importance for the biodiversity. |
Geographic Limits and Contracting Parties
The Convention is global and open to all member countries of the UN. More than 150 countries, including all countries of the Baltic region, have signed and ratified the Convention. Also the EU has signed and ratified the Convention,
Organisation and Decision Process
The Conference of the parties is the highest decision-making organ. Besides, it is an auxiliary organ for scientific and technological consultancy services, which is meant to give convenient support to the conference of the parties and possibly their auxiliary organs in connection with the implementation of the convention. This organ is open for participation of all parties and is inter-disciplinary. It comprises government representatives having competence within the relevant fields of expertise.
The secretariat, which is represented by UNEP, co-ordinates all activities with other relevant international organs and is in charge of normal secretarial functions in the form of reports on the implementation of its functions and preparation of the conferences of the parties.
Fields of Activities
The convention has very much contributed to put the biological diversity on the global agenda as a global environmental problem. A number of measures have been initiated under the convention, within the various fields of expertise covered by the Convention. A long series of states have prepared national status lists of the biological diversity and prepared strategies and action plans for obtaining protection and sustainable use of biological diversity.
Under the Convention, a protocol on safety in connection with transfer of genetically modified organisms from one country to another, the so-called Bio-safety protocol, was signed in January 2000.
An expert panel was set up in May 1998, which should look into the problems of access to genetic resources and the conditions for fair distribution of advantages in connection with use of genetic resources. A working group, with participation of the original people, should make proposals for a work programme to protect the traditional know-how, etc. of the original people. There were further set up work programmes for maintenance and sustainable use of biological diversity in freshwater eco-systems, forests, and marine and coastal zones.
Present and Future Strategy
As a global convention, it covers a variety of subjects. The convention is based on cooperation between the contracting parties and co-operation between other conventions and organisations on an international level.
The convention is thus an initiator and a platform for a dialogue on maintenance and sustainable use of biological diversity. The objective of the convention is to a wide extent to join and include the biological diversity in an socio-economic context. Therefore an essential objective is the incorporation of regards to biodiversity in sectors and within different political fields. Since all of the Baltic countries have signed and ratified the convention, the convention is highly relevant for the future work for maintenance and sustainable use of biological diversity.
Sources
The Danish Forest and Natural protection Agency
Internet: http://www.biodiv.org
3.2.14 The Helsinki Convention - the Convention on Protection and Use of Transboundary Water Courses and International Lakes (1992)
Purpose and Origin
The Convention on protection and use of transboundary watercourses and international lakes (the Helsinki Convention) was elaborated by a working group on water problems, which had been set up by ECE. The Convention was signed in Helsinki on 18 March 1992 by 24 countries, including 11 EU member countries, and by the European Communities. The Convention came into force on 6 October 1996.
The purpose of the convention is to safeguard protection of the water environment, prevention and reduction of pollution of transboundary watercourses, and a rational use of the water resources.With a view to obtain this, the Convention sets the framework for bilateral and multi-lateral cooperation between the contracting parties.
Geographic Limits and Contracting Parties
Member countries of the ECE and countries having the same status can sign the Convention. It can also be signed by regional, economic integration organisations, created by sovereign countries, which are members of the ECE. The Convention has been signed by all of the countries around the Baltic, but in August 1999 Lithuania and Poland had not yet ratified it.
Organisation and Decision process
Ordinary meetings are held every third year or at shorter intervals, if this is agreed upon in the order of business.
By consensus, the parties discuss and agree upon modifications to the convention, and they discuss and take all necessary further measures in order to carry the objectives of the convention into effect.
For parties who accept an agreed modification of the convention, the modification comes into force 90 days after the party in question has deposited his ratification document.
Fields of Activities
The convention lays guidelines for protection of the water environment and the use of the water resources.The convention also invites the parties to take the necessary measures, with a view to:
| prevent, control and reduce all pollution of wetlands, which have or may have a trans-boundary effect; make sure that the use of trans-boundary wetlands takes place with a view to an ecologically sound and rational water administration, protection of water resources and environmental protection, |
| make sure that trans-boundary wetlands are used in a reasonable and fair way, |
| ensure protection and, if required, restoration of ecosystems. |
Besides, the parties must to the extent possible make sure that the pollution is reduced at the source and stress the principle of caution and the principle that the polluter pays.
Further, the parties shall administer the water resources in such a way that the requirements of present generations do not impede meeting the requirements of future generations.
A protocol to the Convention on water and health is expected signed in June 1999.The protocol shall ensure the protection of drinking water resources and connected aquatic eco-systems against pollution. The protection shall, according to the protocol, comprise discharges of hazardous substances, and the protection shall contribute to an efficient reduction and elimination of discharge of substances that are considered hazardous to health or to the water environment. The parties shall specifically, within the framework of the protocol, aim at safeguarding the entire population's access to drinking water and sanitary systems.
Because of the protocol on water and health, the aim of the convention is extended also to comprise health-related questions.
Present and Future Strategy
Fulfilling the objectives of the Convention should be assured through bilateral or multi lateral agreements between the parties. For instance, agreements must be made for relevant run-off areas or parts hereof with a view to harmonising politics, programs and strategies for prevention, monitoring and reduction of trans-boundary impacts, or for protection of trans-boundary wetlands and the surrounding environment influenced by such wetlands, including the sea environment.
With a view to connect social and financial development to the protection of natural eco-systems, the water resources should to the extent possible in the future be administered in an integrated way within the runoff areas, cf. draft protocol on water and health. At the same time, the administration of the water resources must take place in connection with other environmental adjustments.
Relevance to the Baltic Area
The Convention and the protocol on water and health contribute to a coherent water policy, which for a number of countries in the region, individually seen, will increase the level of protection of the environment and of human health.
A number of the major, transboundary rivers in Europe contribute considerably to the pollution of the Baltic.The reduction of the pollution of these rivers in accordance with the Convention will, individually seen, have a positive impact on the sea environment in the region. However, it is estimated that the protection of the sea environment in the Baltic is to a greater extent administered and ensured through the Helsinki Convention, which in a more concrete way lays down guidelines for protection of the sea environment against pollution from land-based sources (see also 3.3.1).
Sources
The Danish Forest and Natural Protection Agency
Economic Commission for Europe,World Health Organisation's Regional Office for Europe (1998): Draft Protocol on Water and Health to the 1992 Convention on the protection and Use of Trans-boundary Watercourses and International Lakes
Web-site, UN/ECE:
www.unece.org/env/water
3.2.15 The Convention on Transboundary Effects of Industri al Accidents (1992)
Purpose and Origin
The Convention was signed on 18 March 1992 in Finland under the Economic Commission for Europe (ECE) of the UN.The purpose of the Convention is to reduce the effects of transboundary pollution in connection with industrial accidents.
Geographic Limits and Contracting Parties
The Convention can be signed by the member states, the ECE and countries that have consultation status with the ECE. It can also be signed by regional, economic integration organisations, set up by sovereign member countries of the ECE.The Convention has been signed by 33 countries, including all countries surrounding the Baltic. Of these, however, only Germany and Norway have so far ratified the Convention.
Organisation and Decision Process
Ordinary meetings are held annually. Modifications to the Convention are decided by consensus. ECE is in charge of the secretariat in connection with conferences of the parties.
A regional co-ordination centre has been set up in Budapest, Hungary, which is in charge of the follow-up on the Convention. The centre is among others supposed to be in charge of setting up networks, collection of information and experience within the field, development of methods and capacity building in the new Eastern European countries.
Fields of Activities
The Convention prescribes some obligations concerning co-operation across the boundaries for the case that an industrial accident in one country might have impacts on human beings or the environment in another country.
The consequences of a major industrial accident can be divided in the consequences that arise in immediate connection with the accident and the more long-term consequences. The Convention primarily concerns measures to be taken immediately in connection with the industrial accident. The Convention does not include nuclear accidents.
The Convention obliges the countries to carry out safety surveys on industrial plants, which in case of accidents by hazardous substances may have transboundary consequences, and to take measures to reduce the impacts of any accident.
Industries that may entail transboundary impacts in connection with an industrial accident will have to give notification to the responsible authorities in their home country. In connection with the notification, the authorities will have to make sure that the authorities of neighbouring countries are informed about the risk and about the required safety measures. The member countries shall also oblige themselves to give expert assistance to other countries, in case an industrial accident happens in their country.
Relations to the EU
The EU has ratified the Convention, which must also be ratified by the member countries.
Concurrently with the preparation of the Convention, revisions of the Seveso Directive, which contains a parallel set of guidelines, have been ongoing within the EU. On this basis, the European Community has recommended the member countries to wait with the ratification of the Convention until the modified directive has been signed.
On 9 December 1996, Directive 96/82/EC on 'control of the risk of major accidents caused by hazardous substances' was signed (the Seveso II Directive). In connection with this Directive, it is the obligation of the authorities of the member countries to make sure that other member countries, which might be affected by transboundary consequences of a major accident at an industrial plant, receive sufficient information to take the necessary measures.The stipulations of the Directive fall well in line with the Convention, and in combination the two sets of guidelines make sure that information is exchanged also with the countries which are not members of the European Communities.
With regard to the requirements of the Convention concerning technical assistance to other countries in connection with industrial accidents, it is the intention that at EU level, a survey of accessible expertise in the member countries is prepared.
The Danish Environmental Protection Agency
Internet: http//www.unece.org/env/eia
UN/ECE Regional Co-ordination Centre for the Prevention of Industrial Accidents Andrassy ut. Budapest 1061, Hungary
Tel.: +36 1 342 6977
Tel./fax: +36 1 352 1768
E-mail: budcentre@ella.hu
3.2.16 The Espoo Convention - The ECE Convention on Cross Border Environmental Impact Assessments (1991)
Purpose and Origin
The ECE Convention on cross-border environmental impact assessments -the Espoo Convention - was signed on 25 February 1991 in Espoo, Finland. The Convention came into force on 10 September 1997.
The Convention is prepared realising the mutual connection between economic activities and their environmental consequences, as an emphasising of the need to ensure an environmentally justifiable and sustainable development.
The purpose is to strengthen the international co-operation on Environmental Impact Assessment (EIA), especially across borders. In this connection, special consideration has been given to the need early in the decision process to take the environmental factors into account in all of the relevant administrative phases. EIA is considered a necessary tool for improving the quality of information presented to the decision makers, special regard being given to a reduction of the important hazardous impacts, especially across borders.
Geographic Limits and Contracting Parties
The Convention can be signed by the member countries of the ECE and countries, which have consultation status with the ECE. It can also be signed by regional, economic integration organisations set up by sovereign countries, which are members of the ECE.The Convention had on 5 August 1999 been signed by 26 countries, including the following Baltic countries (besides Denmark): Finland, Latvia, Poland, and Sweden. Besides, Germany and the Russian Federation have signed, but not ratified the Convention.
Organisation and Decision Process
The parties meet to the extent possible in connection with the annual meetings of the leading consultants of the ECE government within environmental and water resource related questions. Meetings are held when needed, or upon written request from one of the parties, if the request is supported by minimum one third of the parties.
Every party has one vote.There are special rules for the right to vote of integration organisations (Article 12).
The Secretariat for the Economic Commission for Europe of the UN is responsible for the secretarial functions mentioned in the Convention or determined by the parties.
Three-thirds' majorities among the parties participating in and voting at the meeting can on the basis of a special procedure, modify the Convention unanimously or under special circumstances.
Fields of Activities
The Convention includes stipulations concerning the implementation of environmental impact assessments for a number of major activities, if the activities can be considered to have an important hazardous impact on the environment across borders.
The Convention mentions 17 different activities/ projects that, if they are to be carried out, must be subjected to a procedure (a screening) in order to determine if they can be expected to have an important hazardous cross-border impact on the environment. If this is the case, the foreseen project must be subjected to the stipulations of the Convention concerning environmental impact assessments, etc. Also other activities than those included in the list can, upon agreement between the country of origin and the affected country (ies) be subjected to the stipulations of the convention.
A great part of the Convention prescribes exchange of information, hearing and consultation across borders, among others concerning measures to prevent, reduce and control hazardous environmental impacts. The parties must make sure that in the final decision, due consideration is given to the results of the environmental impact assessment and the associated remarks, as well as to the result of the consultation. The parties must in common make decisions concerning the question of supervision and subsequent analysis. If the analysis discovers essential hazardous impacts, the parties must in common discuss measures to reduce or remove this impact.
Besides assessment of the cross-border environmental impacts in connection with concrete projects, the Convention also includes stipulations concerning the parties' obligations to observe the implementation of the Convention and carry out bilateral and multilateral exchange of experience and cooperation.
The parties must have special regard to the creation or strengthening of specific research programmes.
Present and Future Strategy
At the first Conference of the parties, which was held in Oslo (May 1998), a work plan for the implementation of the Convention in the period 1998-2000 was agreed upon. The work plan comprises the following overall points:
| Examination of the strategies and policies of the parties |
| Bilateral and multi-lateral aspects of cooperation |
| The practical implementation of the Convention |
| Participation of the public in connection with cross-border activities |
| Guidelines in connection with nonobservance |
| Newer development in connection with EIA and connection to other ECE Conventions |
| Database of EIA |
| Assessment of database |
| Partnership |
| Regional workshops |
Relations to the EU
The EU, who is a party to the Convention, already in 1985 adopted a Directive within this field (Directive of the Council No. 85/ 337/EEC of 27 June 1985 on assessment of the impact on the environment of certain public and private projects, and modifications adopted by the Directive of the Council No. 97/11/EC of 3 March 1997).
Compared to the stipulations of the EIA Directive, the Espoo Convention includes further rules as far as consultation on cross-border impacts, due consideration, supplementary analysis, meetings, and exchange of professional experience between the parties of the convention, as well as settlement of disputes are concerned.
However, the EIA Directives include many more projects, which must also be assessed as to whether a planned project can have essential impact on the environment in another member country.
Sources
The Danish Ministry of Energy and Environment, the National Department Internet:
www.unece.org/env/eia
3.2.17 The Aarhus Convention on Access to Information, Public Participation in Decisionmaking, and Access to Justice in Environmental Matters (1998)
Purpose and Origin
When meeting in Sofia in 1995 for the third pan-European Conference of Ministers of the Environment, the European Ministers of the Environment agreed upon some guidelines for the environmental rights of the citizens. At the same time, it was decided that a binding Convention in international law should be made.
The pan-European Conferences of Ministers of the Environment take place under the heading 'Environment for Europe', and they are formally held within the UN Economic Council for Europe (ECE), with member countries from Europe and Northern America.
The overall purpose of the Convention is to ensure the rights of the citizens within the field of environment.This is the first international Convention of the World, which recognises people's right to live in a healthy environment, and this makes the Convention a mile stone within international law.
As something new in connection with international negotiations, the environmental organisations (the NGOs) have participated actively during the entire work with the preparation of the Convention.
The Convention was signed at the fourth Conference of the Ministers in Aarhus 23- 25 June 1998, with participation of more than 50 ministers of the Environment from entire Europe - from here the name of 'the Aarhus Convention'.
The Convention comes into force 90 days after it is ratified by 16 countries.
Geographic Limits and Contracting Parties
The Convention can be signed by the ECE member states and by states having consultation status with the ECE. The Convention can also be signed by regional economic integration organisations, formed by sovereign member countries of the ECE.
The Convention will thus cover countries from the Atlantic in the west to Central Asia in the East. Countries with different culture and different democratic traditions, but which have agreed to strengthen the role of the citizens in the protection of nature and environment.
At present, the EU and all of the Baltic countries except for Russia have signed the Convention.
Organisation and Decision process
The parties must meet at least once every second year, and the first meeting is to be held no later than a year after the coming into force of the Convention. The parties shall use the meetings for discussing the implementation of the Convention and the experience gained. If required, subsidiary organs can be established. Modifications to the Convention are as an absolute main rule agreed upon by consensus.
NGOs, which are qualified within the area of the Convention, may at certain conditions participate in the meetings as observers.
The secretarial functions are being taken care of by the secretariat of the ECE.
Fields of Activities
Three central areas will be covered by the Convention:
| The access to information |
| The right to take part in decisions |
| The right to complain and have decisions tested by submission for the Courts |
The Access to Information
The first central area covered by the Convention is the citizens' access to information on the environment.
It is a principle that only through access to information do people have a real opportunity to take part in our democracy. Only if you know why decisions were made - or not made - can you take part in a dialogue.
The Convention has a very broad definition of environmental information. The definition by and large includes all the information that can be related to the environment, including the life conditions of human beings.
The Convention obliges the countries to ensure that everybody has access to this information, regardless of their citizenship, nationality and place of living. Besides, cases concerning the right of access to documents must as a main rule be handled within a month.
The point of departure of the Convention is that the authorities must give access to all information on the environment. There may, however, in some cases be other public or private considerations to take, which prevents the access to certain information. This may for instance be the authorities' preliminary assessment of a case, or confidential information on the business or production secrets of an industry.
The Convention also includes what can be called 'active obligation to provide information'. It is thus not enough to give information when somebody asks for information. The authorities themselves must take the initiative to have data and information on the environment distributed.
For instance, the authorities must be in possession of up-to-date information on the environment, and the authorities must assure access to information from electronic databases and on the Internet. The authorities must also urge private persons to provide information as to which impact their activities have on the environment.
The Right to Participate
The other central field covered by the Convention is the requirement that citizens should have the right to participate in decisions within the environmental field.
The public must have influence on what is decided. Therefore, the Convention requires that the public is included in connection with concrete decisions of importance for the environment, in the same way as the citizens must be included when making plans and policies within the field of environment.
For instance, the Convention ensures that the public can participate in the decision process in connection with the placing of contaminating industries.The industries in question are further described in an appendix to the Convention.This is for instance oil refineries, iron and metal works, cement factories, various types of chemical industries, waste handling plants, wastewater treatment plants, and big poultry or pig farms. The public must also be included into the decision process in connection with other activities, if the activity may have an important impact on the environment.
The countries are bound to include the public at an early stage in the decision process, when new contaminating activities must be taken into consideration. It must among others be visible what is the subject of the application, which authority makes the decision, and how the public can participate and make remarks, for instance through public hearings.
The Convention also includes rules that the authorities must include the public in connection with preparation of plans, programmes and policies within the field of environment, and in connection with the authorities' preparation of general guidelines such as laws and orders.
The Right to Complain
The third central field covered by the Convention is that the citizens must have the right to complain and have their decisions tested by submission for the Courts.
The Convention stresses in a number of areas that both the individual citizen and organisations and industries have the right to complain.
The Convention ensures the right to complain in three situations.
- All cases concerning the right to have access to documents within the field of environment must be allowed for testing either by submission for the Courts or for a similar independent and impartial organ, which has been set up by law, including for instance a complaints board. There must also be access to a faster and more flexible access to testing - for instance by having overall authorities or a special organ of complaints take the case into consideration.
Questions arising in connection with guidelines concerning participation in decisions in connection with the placing of contaminating industries must have access to testing either by submission for the Courts or a similar independent and impartial organ, which has been established by law. This right must come to the benefit of all citizens, who are affected by the decision, and the countries must recognise that the environmental organisations have, as a main rule, access to take legal action or to complain.
- The Convention includes a broad rule, which binds the countries to ensure that the citizens have in general access to take legal action or to complain concerning questions within environmental legislation. For instance if there is a suspicion of offence against the general environmental rules in the countries. The Convention leaves to the individual countries to decide who should have this right. It is therefore not an automatic consequence of the Convention that everybody, including the environmental organisations, must in any case have access to bring an action against somebody or to complain.
In all of the mentioned situations, the Convention demands that the organ trying the decision must have competence to change the decision, and that the judgement/the decision must be justified in writing.
Relations to the EU
The EU is present implementing the Convention.
Sources
Danish Environmental protection Agency
Internet: www.unece.org/env.pp
3.2.18 The European Council's Convention on Criminal Protection of the Environment (1988)
Purpose and Origin
The Ministerial Committee of the European Council signed the convention on criminal protection of the environment on 9 September 1998.
The purpose of the Convention is to make sure that adequate criminal means are at disposal with a view to punish and impede pollution.
The reason is especially that the industrial development and the uncontrolled use of technology and use of natural resources may cause serious impacts on the environment and on human beings, fauna and flora. In order to minimise this risk, it has been found necessary to have uniform rules of punishment, also as a deterrent means and to punish crimes against the environment.
Geographic Limits and Contracting Parties
The Convention can be signed by countries, which are members of the European Council and Canada, which country has taken part in the preparation of the Convention. The Convention comes into force once three countries have ratified it.
Fields of Activities
The Convention obliges the contracting parties to introduce specific criminal rules or to adapt the existing rules to the Convention. The Convention both concerns intentional violence of environmental law, and negligent violence. The rules only have the purpose of controlling the cases in which there has either been a danger of death or serious personal injury, or in which the violation has entailed or caused danger of serious pollution of air, soil, water, fauna, or flora. The Convention also includes rules of confiscation, reestablishment of the original environmental situation and liability to punishment of juristic persons. The sanctions are mentioned to be both penalties and imprisonment. Finally, it is determined that the contracting parties may decide that private environmental organisations shall be able to participate in criminal cases on violation included under the Convention.
Relations to the EU
The EU is not a party to the Convention, but it has been discussed at a meeting in a working group within the European Council.
Sources
Danish Environmental Protection Agency
3.2.19 The Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)
Purpose and Origin
As a follow-up on the recommendations of the Montevideo Programme (UNEP) concerning transport and handling of hazardous waste (from 1981) and on the basis of the so-called Cairo guidelines (UNEP) concerning handling of hazardous waste (from 1985), the Basel Convention on control of trans-boundary transport of hazardous waste and its removal was signed within the UN (UNEP) in Basel in 1989. The Convention came into force in May 1992. The main purpose of the Convention is to reduce the number of transports of hazardous waste. The Convention sets up a number of procedure requirements - among others the requirement of preliminary notification and approval of transports. Besides, the purpose of the Convention is to minimise the generation of waste and to make sure that the handling takes place as close to the source as possible.
Geographic Limits and Contracting Parties
As an UNEP Convention, the Basel Convention is global. As per 4 January 2000, 134 countries and the EU have signed the Convention, including all of the Baltic countries. The USA has not yet signed the Convention.
Organisation and Decision Process
The decision-making organ of the Basel Convention is the so-called Conference of the Parties, which makes various decisions, which are thereupon implemented in subjacent working groups before the next Conference of the Parties.The Conference of the Parties meets every second year.
The Conference shall seek to make decisions unanimously. If this is not possible, 2/ 3's majority of the parties who are present and voting make decisions. The same rules of voting apply to the working groups.
At each Conference of the Parties, a 'bureau' is selected consisting of a President, three Vice-Presidents and a reporter, who is in office until the next conference, at which time a new bureau is selected. The selection takes place based on the rotary system established in UNEP, and which is based on a division of the UN countries into five regional groups. The bureau makes general guidelines for the activities of the secretariat between the Conferences of the Parties and gives advice to the secretariat.
Fields of Activities
Besides the objective of having fewer transports of waste and minimisation of the generation of waste as mentioned above, the purpose of the Convention is among others to promote transfer of technology, especially to the developing countries, in order to obtain proper handling of hazardous waste and other types of waste generated locally.
In March 1994, the Parties of the Convention agreed upon an immediate prohibition of transport of hazardous waste destined for final deposit and a prohibition of exportation for reuse no later than per 1 January 1998 from the OECD countries to the non-OECD countries (from the socalled Annex VII countries to the non-Annex VII countries).
This political decision was in 1995 followed by a real legal modification of the Convention. A new Article 4a was adopted, including the so-called prohibitions of exportation, as described above.
For this very central modification of the Convention to come into force, ¾ of the countries, which have signed the Convention, must ratify the modification. As on 4 January 2000 only 16 countries and the EU have made this ratification.
In order to ensure an operational prohibition, simultaneously with the prohibition two lists have been prepared and adopted - one concerning hazardous waste and one concerning non-hazardous waste, Appendices VIII and IX respectively.These two lists establish the technical basis for determining whether this is hazardous or nonhazardous waste, and hereby whether a given transport is subject to the prohibition or not.
Present and Future Strategy
In continuation of the results obtained from the efforts so far concerning the prohibition of export of hazardous waste from the OECD countries to the nonOECD countries and the preparation of lists of hazardous and non-hazardous waste, the future efforts will to a certain extent be concentrated on assuring the required ratification of the 'prohibition of exports' and on assuring follow-up on and penetration of the prohibition in general.
Relations to the EU
The EU countries have implemented the Convention through the so-called regulation of transport, which adjusts transboundary transport of waste, including hazardous waste.
Despite the fact that the prohibition of exports has not yet come into force, the EU has modified the regulation of transport so that the prohibition is valid for all of the EU countries.The EU is also working actively on influencing other countries to make the required ratification, so that the prohibition can obtain the intended penetration.
Sources
The Danish Environmental protection Agency
The Basel Convention. A Global Solution for Controlling Hazardous Wastes, United Nations, New York and Geneva, 1997.
Yearbook of International Environmental Law, 1990-1998.
Global Environment Diplomacy, Negotiating Environmental Agreements for the
World, 1973-1992, Ch. 7 - by Mostafa K. Tolba and Iwona Rummel-Bulska (1998 Massachusetts Institute of Technology).
The Basel Convention and Transboundary Movements of Hazardous Waste - by Jonathan Krueger, Briefing Paper,The Royal Institute of International Affairs, No. 45, May 1998.
The International Regulation of Transboundary Traffic in Hazardous Waste, the 1989 Basel Convention - by Katharina Kummer, International and Comparative Law Quaterly (VOL 41).
Internet: www.unep.ch/basel/index.html
3.2.20 The Convention on Preliminary Information Consent for certain Hazardous Substances (PIC) (1989 + 1998)
Purpose and Origin
The purpose of the PIC arrangement is to give the participating countries, especially the developing countries, the environmental administrations of which have a lack of resources, some help to estimate whether they should receive certain hazardous chemicals.
Since 1989, a voluntary co-operation has existed within the UN concerning information on the buying and selling of certain hazardous substances. It is anticipated that the voluntary PIC arrangement will be replaced by the formal rules of the PIC Convention in the year 2002.
Geographic Limits and Contracting Parties
The Convention is global, and the following Baltic countries have participated in the voluntary PIC co-operation: Sweden, Finland, the Russian Federation, Estonia, Latvia, Lithuania, Poland, Germany, and Denmark.
The following countries have signed the PIC Convention in Rotterdam in September 1998: Finland, Sweden, and Denmark.
Organisation and Decision Process
The decision-making authority with the PIC Convention is a Conference of the Parties, which meets annually to make decisions on inclusion of new substances into the PIC list and on other necessary adaptations.
In the intermediary period from the voluntary PIC co-operation till the conventionbased PIC system, i.e. the period 1999- 2001, an international committee of negotiations will make decisions concerning the operation of the PIC system.
The conduct of the current operational tasks will be the responsibility of the PIC secretariat in co-operation with a chemical expert' group with representatives from various UN regions.
For the EU countries, the voluntary PIC arrangement has become obligatory through the regulation of the EEC No. 2455/92 of 23 July 1992.The EU member countries are thus obliged to respect the import decisions of the non-EU member countries for PIC substances, as well as the EU countries are obliged to notify exportation of PIC substances at the Commission.
Every time the UNEP sends out new statements of the country decisions for new PIC substances, the EU countries have to take a vote as to whether these shall be included in the appendices of regulation No. 2455/92.
Fields of Activities
PIC is an abbreviation of Prior Informed Consent.The governments of the participating countries must give their consent to a country's wish to receive a number of hazardous chemical substances from foreign producers. If the exporter has his home country in another participating country, he is obliged to look into and respect the decisions of the import country concerning import of chemicals.
When the authorities estimate that a chemical substance, including pesticides, has so unfortunate qualities towards either human health or the environment that they prohibit or adjust the use of the substance by themselves, they inform the PIC secretariat.
When at least two countries, located in two regions of the World, have done so, the PIC secretariat prepares a document informing about the possible applications and risks in connection with the use of the substance and alternatives. This document is sent to a group of experts (the Chemical Review Committee), comprising a number of experts representing various regions of the World. This expert group reviews the presented material and may propose supplementary examinations of the qualities of the chemical substance. Thereupon, the final material is sent to the Conference of the Parties, which to the extent possible unanimously decides whether the substance shall be included in the PIC list.
If the substance is included in the PIC list, a decision document including information about possible use and risks is sent to all of the participating authorities, which individually decide whether they agree to import the substance. It is also possible to agree on a conditional import for reduced use of the chemical substance.
In connection with exportation of a PIC chemical substance, it must appear from the label which risk/danger it implies for human beings and environment, and security data sheets must be attached. Exporting countries are obliged to respect the import decisions of the other countries.
At the end of 1998, 27 chemical substances are included in the PIC list, but the number is expected to grow during the years to come.The up-to-date list can be seen at the home page of the PIC secretariat: http:// irptc.unep.ch/pic
One of the most important results is the acceptance from 151 countries of the voluntary PIC information system, and that the information system is functioning reasonably.
Present and Future Strategy
Based on the finalised negotiations on a Convention, no specific strategy has been made for increasing the number of participating countries or inclusion of a certain number of substances into the PIC list.
It is anticipated that in the future measures will be taken to inform about the importance of having national regulations of hazardous substances notified with the UNEP. This shall form the basis for assessment of the substances and subsequent inclusion of new substances into the PIC list.
It is further indicated in the Convention that the rich countries with wellfunctioning administrations of chemicals shall help with capacity building in the countries that do not have professional knowledge and no well-functioning administration of chemicals. These countries are especially the developing countries, but to some extent also the Eastern European countries.
Sources
Danish Environmental Protection Agency
http://irptc.unep.ch/pic
3.2.21 Agreement on Mutual Nordic Assistance in Connection with Radiation Accidents (1963)
Purpose and Origin
The purpose of the agreement, which was made in 1963, is an overall formalisation of a wish between the contracting parties to help each other to the extent possible in case of a nuclear accident, which might cause damages from ionising radiation.
Geographic Limits and Contracting Parties
The agreement comprises the following parties: Finland, Sweden, Norway, Denmark and IAEA (the former International Atomic Energy Organisation).
Fields of Activities
The agreement between the Nordic Countries determines the conditions on which a contracting party, requesting assistance by virtue of the agreement, may use the assistance provided by another contracting party of by IAEA.
The agreement thus includes specific stipulations concerning:
| General stipulations concerning the assistan ce, including responsibility for the use of ma terial, personnel, etc. | ||||||||||||
| IAEA's obligations in connection with an ap plication for assistance from a contracting party. | ||||||||||||
| Financial rules in connection with:
|
Sources
The Danish Agency of Emergency Services
3.2.22 The Nuclear Safety Convention (1994)
Purpose and Origin
Negotiations on the nuclear safety convention were finalised in June 1994. The purpose of the Convention is to bind the parties with nuclear power plants to maintain a high level of safety.
Geographic Limits and Contracting Parties
The convention is global and has so far been signed by the following countries in the Baltic area: Latvia, Lithuania, Poland, Russia, Sweden, Denmark, Finland, and Germany.
Fields of Activities
After the Convention, international norms for safety in connection with operation of nuclear power plants will have to be set up. It should be noted that the Convention is an Incentive Convention, i.e. the Convention should encourage the parties to maintain a high level of safety. This is not obtained through control bodies and sanctions, but through dialogue, frequent meetings between the parties and preparation of reports, in which the parties must clarify what has been done in their respective countries to implement the obligations of the Convention.
The obligations are to a wide extent based on guidelines from the IAEA (the International Atomic Energy Agency) and appear from IAEA's Safety Fundamentals Document, The Safety of Nuclear Installations. These obligations for instance include guidelines in connection with:
| The location of a plant |
| The design of a plant |
| The construction of a plant |
| The operation of a plant |
| Distribution of sufficient financial and human resources |
| Determination and verification of safety |
| Quality assurance |
| Emergency planning |
The Convention primarily concerns obligations towards countries operating nuclear power plants, but it also includes obligations with a view to emergency for countries that are neighbours to nuclear power plants.
Sources
The Danish Agency of Emergency Services
3.2.23 The Convention on Early Notification of Nuclear Accidents (1986)
Purpose and Origin
The Convention was finalised in 1986 and was initiated as a consequence of the Tjernobyl accident. The Convention establishes an information system for countries in connection with nuclear accidents, which might cause a leakage and have radiation impacts on another country.
Geographic Limits and Contracting Parties
The Convention is global and has so far been signed by the following countries in the Baltic area: Estonia, Latvia, Lithuania, Poland, Russia, Germany, Finland, Sweden, and Denmark.
Fields of Activities
The Convention binds the contracting parties to report - either directly to the affected countries or through the IAEA and to the IAEA itself - regarding:
| The time of the accident |
| The place of the accident |
| Radiation leakages |
| Other information of importance for the assessment of the situation |
It appears from the Convention in which situations countries are bound to report on an incident/accident.
Besides, the four nuclear weapon countries (China, France, England and the USA) have bound themselves to inform about incidents in connection with atomic weapon and test of weapon.
Sources
he Danish Agency of Emergency Services
3.2.24 The Convention on Assistance in case of Nuclear Accidents or other Radiological Crises (1986)
Purpose and Origin
Negotiations concerning the Convention were finalised in 1986 as a consequence of the Tjernobyl Accident.The Convention establishes an international structure for co-operation between the countries and with the IAEA in order to facilitate the access to immediate assistance and support in case of nuclear accidents or radiationrelated emergency situations.
Geographic Limits and Contracting Parties
The Convention is global and has so far been signed by the following countries in the Baltic area: Estonia, Latvia, Poland, Russia, Finland, Sweden, Germany, and Denmark.
Fields of Activities
The Convention recommends the contracting parties to give information to the IAEA in order to be able to help with assistance in a given situation.The information may concern the following:
| Experts available |
| Equipment |
| Other matters of relevance in connection with the assistance |
In case of requests for assistance, the individual contracting party decides whether they are able to provide the assistance requested. It must also be decided which framework (extent and conditions) can be set up for the assistance, including whether the assistance should be provided free of charge for the recipient country, etc.
Sources
The Danish Agency of Emergency Services
3.2.25 The Convention on Physical Protection of Radioactive Material (1979)
Purpose and Origin
The Convention on physical protection was finalised in 1979. The purpose of the Convention is to establish a framework for international co-operation in connection with protection of nuclear material as well as recovery and return of nuclear material, which has been stolen. The Convention also takes criminal acts into consideration that involves nuclear material.
Geographic Limits and Contracting Parties
The Convention is global and the following countries in the Baltic area have signed the Convention: Estonia, Lithuania, Poland, Russia, Germany, Finland, Sweden, and Denmark.
Fields of Activities
The Convention binds the contracting parties - through the national legislation of the countries - to ensure protection of nuclear material in international transports, when:
| the nuclear material is found within the area of the contracting country, |
| the nuclear material on board ships or aeroplanes under the jurisdiction of the contracting country. |
Sources
The Danish Agency of Emergency Services
3.2.26 The Convention on Safety in Connection with used Atomic Fuel and Radioactive Waste (1997)
Purpose and Origin
The negotiations on the Waste Convention were finalised in 1997. Based on the potential risks for both the population and the environment caused by used fuel and radioactive waste, the purpose of the Incentive Convention has been to urge the contracting parties to maintain a high level of safety.
Geographic Limits and Contracting Parties
The following Baltic countries have signed the Convention: Lithuania, Poland, Finland, Germany, Sweden, and Denmark.
Fields of Activities
The Convention does not prescribe establishment of control bodies and sanctions, but it aims at increased safety through dialogue, frequent meetings between the parties, and preparation of reports, in which the countries must state what they have done in the countries to implement the obligations of the Convention. The structure of the Waste Convention is very similar to that of the Nuclear Safety Convention, which was also the practical point of departure for the present Waste Convention.
In general, the Waste Convention includes obligations in connection with:
| Handling if radioactive waste when the waste originates from the operation of civil nuclear plants, |
| Handling of other types of radioactive waste, when the waste has been declared radioactive waste by the contracting country. |
In general, the obligations concern observance of guidelines in connection with:
| Existing waste treatment plants |
| Establishment of new waste treatment plants |
| Design of plants |
| Construction of plants |
| peration of plants |
| Distribution of sufficient financial and human resources |
| Quality assurance |
| Emergency planning |
Sources
The Danish Agency of Emergency Services
Internet: www.iaea.org
3.2.27 The Energy Charter Treaty and the belonging Energy Efficiency Protocol (1994)
Purpose and Origin
The Energy Treaty and the Protocol on Energy Efficiency were signed in the Haag in 1994. The background for this was a wish to obtain financial recovery in Eastern Europe through an accelerated cooperation within the energy sector.
The purpose of the treaty is to create a legal binding framework for promoting a long-term co-operation within the field of energy, primarily through stipulations on investments, trade, transit, sovereignty over resources, and environment. The treaty and the protocol came into force on 16 April 1998.
Geographic Limits and Contracting Parties
The treaty includes all EU member countries, the Baltic countries, the Eastern European countries, the former Soviet Republics, and Japan.
Organisation and Decision Process
The upper authority is the Charter Conference, which meets twice every year.The conference determines fields of activities, sets up working groups, and determines the budget. At present, there are two working groups, which are given high priority: The working group on transit and the working group on energy efficiency.
The protocol on energy efficiency is a necessary supplement to the more marketoriented treaty, realising that certain political control mechanisms are required for ensuring an efficient use of energy and thereby protection of the environment. The protocol contains an ambitious presentation of principles in order to promote energy efficiency that the countries having ratified the protocol bind themselves to follow.
The present challenge is to transform the general principles into operational and specific initiatives.
A small secretariat has been set up in connection with the treaty.
Fields of Activities
The treaty lays down a number of principles, among others within the fields of investment, trade and environment, with a view to promoting the use of energy resources in Central and Eastern Europe and the former Soviet Union.
Present and Future Strategy
The original intention of the treaty was to create a set of guidelines within the field of energy, including investments, transit, trade, environment /energy efficiency, with a view to using the energy resources in Central and Eastern Europe and the former Soviet Union. With the coming into force of the treaty, a great part of the original intentions have been carried through. As far as energy efficiency is concerned, the coming into force of the protocol creates a framework for going on within this field.
The selection of Peter Helmer Steen as chairman of the working group on energy efficiency is a prolongation of the Danish efforts for a strengthening of the capacity building in the Charter Secretariat for implementation of the protocol on energy efficiency after last year's environmental conference in Aarhus.
Relations to the EU
The EU was originally the initiator of the cooperation.
Sources
The Danish Energy Agency