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1997-09-10 | BWBV0002731 | Verdrag inzake milieu-effectrapportage in grensoverschrijdend verband

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Coornhert 1997-09-10 12:00:00 +00:00
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verdrag/verdrag-inzake-milieu-effectrapportage-in-grensoverschrijdend-verband/BWBV0002731/README.md
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@ -14,16 +14,16 @@ citeertitel: Verdrag inzake milieu-effectrapportage in grensoverschrijdend verba
For the purposes of this Convention,
(i) “Parties” means, unless the text otherwise indicates, the Contracting Parties to this Convention;
(ii) “Party of origin” means the Contracting Party or Parties to this Convention under whose jurisdiction a proposed activity is envisaged to take place;
(iii) “Affected Party” means the Contracting Party or Parties to this Convention likely to be affected by the transboundary impact of a proposed activity;
(iv) “Concerned Parties” means the Party of origin and the affected Party of an environmental impact assessment pursuant to this Convention;
(v) “Proposed activity” means any activity or any major change to an activity subject to a decision of a competent authority in accordance with an applicable national procedure;
(vi) “Environmental impact assessment” means a national procedure for evaluating the likely impact of a proposed activity on the environment;
(vii) “Impact” means any effect caused by a proposed activity on the environment including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; it also includes effects on cultural heritage or socio-economic conditions resulting from alterations to those factors;
(viii) “Transboundary impact” means any impact, not exclusively of a global nature, within an area under the jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;
(ix) “Competent authority” means the national authority or authorities designated by a Party as responsible for performing the tasks covered by this Convention and/or the authority or authorities entrusted by a Party with decision-making powers regarding a proposed activity;
(x) “The Public” means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organizations or groups.
(i) "Parties" means, unless the text otherwise indicates, the Contracting Parties to this Convention;
(ii) "Party of origin" means the Contracting Party or Parties to this Convention under whose jurisdiction a proposed activity is envisaged to take place;
(iii) "Affected Party" means the Contracting Party or Parties to this Convention likely to be affected by the transboundary impact of a proposed activity;
(iv) "Concerned Parties" means the Party of origin and the affected Party of an environmental impact assessment pursuant to this Convention;
(v) "Proposed activity" means any activity or any major change to an activity subject to a decision of a competent authority in accordance with an applicable national procedure;
(vi) "Environmental impact assessment" means a national procedure for evaluating the likely impact of a proposed activity on the environment;
(vii) "Impact" means any effect caused by a proposed activity on the environment including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; it also includes effects on cultural heritage or socio-economic conditions resulting from alterations to those factors;
(viii) "Transboundary impact" means any impact, not exclusively of a global nature, within an area under the jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;
(ix) "Competent authority" means the national authority or authorities designated by a Party as responsible for performing the tasks covered by this Convention and/or the authority or authorities entrusted by a Party with decision-making powers regarding a proposed activity;
(x) "The Public" means one or more natural or legal persons.
### Artikel 2
@ -47,8 +47,6 @@ For the purposes of this Convention,
**10.** The provisions of this Convention shall not prejudice any obligations of the Parties under international law with regard to activities having or likely to have a transboundary impact.
**11.** If the Party of origin intends to carry out a procedure for the purposes of determining the content of the environmental impact assessment documentation, the affected Party should to the extent appropriate be given the opportunity to participate in this procedure.
### Artikel 3
**1.** For a proposed activity listed in Appendix I that is likely to cause a significant adverse transboundary impact, the Party of origin shall, for the purposes of ensuring adequate and effective consultations under Article 5, notify any Party which it considers may be an affected Party as early as possible and no later than when informing its own public about that proposed activity.
@ -112,7 +110,7 @@ The Parties shall agree, at the commencement of such consultations, on a reasona
### Artikel 8
The Parties may continue existing or enter into new bilateral or multilateral agreements or other arrangements in order to implement their obligations under this Convention and under any of its protocols to which they are a Party. Such agreements or other arrangements may be based on the elements listed in Appendix VI.
The Parties may continue existing or enter into new bilateral or multilateral agreements or other arrangements in order to implement their obligations under this Convention. Such agreements or other arrangements may be based on the elements listed in Appendix VI.
### Artikel 9
@ -140,12 +138,10 @@ The Parties shall keep under continuous review the implementation of this Conven
a) Review the policies and methodological approaches to environmental impact assessment by the Parties with a view to further improving environmental impact assessment procedures in a transboundary context;
b) Exchange information regarding experience gained in concluding and implementing bilateral and multilateral agreements or other arrangements regarding the use of environmental impact assessment in a transboundary context to which one or more of the Parties are party;
c) Seek, where appropriate, the services and cooperation of competent bodies having expertise pertinent to the achievement of the purposes of this Convention;
c) Seek, where appropriate, the services of competent international bodies and scientific committees in methodological and technical aspects pertinent to the achievement of the purposes of this Convention;
d) At their first meeting, consider and by consensus adopt rules of procedure for their meetings;
e) Consider and, where necessary, adopt proposals for amendments to this Convention;
f) Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention;
g) Prepare, where appropriate, protocols to this Convention;
h) Establish such subsidiary bodies as they consider necessary for the implementation of this Convention.
f) Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention.
### Artikel 12
@ -169,18 +165,12 @@ c) The performance of other functions as may be provided for in this Convention
**3.** The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.
**4.** Amendments to this Convention adopted in accordance with paragraph 3 of this Article shall be submitted by the Depositary to all Parties for ratification, approval or acceptance. They shall enter into force for Parties having ratified, approved or accepted them on the ninetieth day after the receipt by the Depositary of notification of their ratification, approval or acceptance by at least three fourths of the number of Parties at the time of their adoption. Thereafter they shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval or acceptance of the amendments.
**4.** Amendments to this Convention adopted in accordance with paragraph 3 of this Article shall be submitted by the Depositary to all Parties for ratification, approval or acceptance. They shall enter into force for Parties having ratified, approved or accepted them on the ninetieth day after the receipt by the Depositary of notification of their ratification, approval or acceptance by at least three fourths of these Parties. Thereafter they shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval or acceptance of the amendments.
**5.** For the purpose of this Article, “Parties present and voting” means Parties present and casting an affirmative or negative vote.
**6.** The voting procedure set forth in paragraph 3 of this Article is not intended to constitute a precedent for future agreements negotiated within the Economic Commission for Europe.
### Artikel 14 bis
**1.** The Parties shall review compliance with the provisions of this Convention on the basis of the compliance procedure, as a nonadversarial and assistance-oriented procedure adopted by the Meeting of the Parties. The review shall be based on, but not limited to, regular reporting by the Parties. The Meeting of Parties shall decide on the frequency of regular reporting required by the Parties and the information to be included in those regular reports.
**2.** The compliance procedure shall be available for application to any protocol adopted under this Convention.
### Artikel 15
**1.** If a dispute arises between two or more Parties about the interpretation or application of this Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute.
@ -204,15 +194,11 @@ This Convention shall be open for signature at Espoo (Finland) from 25 February
**2.** This Convention shall be open for accession as from 3 September 1991 by the States and organizations referred to in Article 16.
**3.** Any other State, not referred to in paragraph 2 of this article, that is a Member of the United Nations may accede to the Convention upon approval by the Meeting of the Parties. The Meeting of the Parties shall not consider or approve any request for accession by such a State until this paragraph has entered into force for all the States and organizations that were Parties to the Convention on 27 February 2001.
**3.** The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall perform the functions of Depositary.
**4.** The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall perform the functions of Depositary.
**4.** Any organization referred to in Article 16 which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under this Convention. In the case of such organizations, one or more of whose member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under this Convention concurrently.
**5.** Any organization referred to in Article 16 which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under this Convention. In the case of such organizations, one or more of whose member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under this Convention concurrently.
**6.** In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 16 shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Depositary of any relevant modification to the extent of their competence.
**7.** Any State or organization that ratifies, accepts or approves this Convention shall be deemed simultaneously to ratify, accept or approve the amendment to the Convention set out in decision II/14 taken at the second session of the Meeting of the Parties.
**5.** In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 16 shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Depositary of any relevant modification to the extent of their competence.
### Artikel 18