PROTOCOL ON WATER AND HEALTH TO THE
1992 CONVENTION ON THE PROTECTION AND
USE OF TRANSBOUNDARY WATERCOURSES
AND INTERNATIONAL LAKES
UNITED NATIONS
1999
PROTOCOL ON WATER AND HEALTH
TO THE 1992 CONVENTION ON THE PROTECTION AND USE
OF TRANSBOUNDARY WATERCOURSES AND INTERNATIONAL LAKES
The Parties to this Protocol,
Mindful that water is essential to sustain life and that the availability of water in quantities, and of a quality, sufficient to meet basic human needs is a prerequisite both for improved health and for sustainable development,
Acknowledging
the benefits to human health and well-being that accrue from wholesome
and clean water and a harmonious and properly functioning water environment,
Aware
that surface waters and groundwater are renewable resources with a limited
capacity to recover from adverse impacts from human activities on their
quantity and quality, that any failure to respect those limits may result
in adverse effects, in both the short and long terms, on the health and
well-being of those who rely on those resources and their quality, and
that in consequence sustainable management of the hydrological cycle is
essential for both meeting human needs and protecting the environment,
Aware also
of the consequences for public health of shortfalls of water in the quantities,
and of the quality, sufficient to meet basic human needs, and of the serious
effects of such shortfalls, in particular on the vulnerable, the disadvantaged
and the socially excluded,
Conscious
that the prevention, control and reduction of water-related disease are
important and urgent tasks which can only be satisfactorily discharged
by enhanced cooperation at all levels and among all sectors, both within
countries and between States,
Conscious
also that surveillance of water-related disease and the establishment
of early-warning systems and response systems are important aspects of
the prevention, control and reduction of water-related disease,
Basing themselves
upon the conclusions of the United Nations Conference on Environment
and Development (Rio de Janeiro, 1992), in particular the Rio Declaration
on Environment and Development and Agenda 21, as well as upon the programme
for the further implementation of Agenda 21 (New York, 1997) and the consequent
decision of the Commission on Sustainable Development on the sustainable
management of freshwater (New York, 1998),
Deriving
inspiration from the relevant provisions of the 1992 Convention on the
Protection and Use of Transboundary Watercourses and International Lakes
and emphasizing the need both to encourage more widespread application
of those provisions and to complement that Convention with further measures
to strengthen the protection of public health,
Taking note
of the 1991 Convention on Environmental Impact Assessment in a Transboundary
Context, the 1992 Convention on the Transboundary Effects of Industrial
Accidents, the 1997 United Nations Convention on the Law of the Non-Navigational
Uses of International Watercourses and the 1998 Convention on Access to
Information, Public Participation in Decision-making and Access to Justice
in Environmental Matters,
Further taking
note of the pertinent principles, targets and recommendations of the
1989 European Charter on Environment and Health, the 1994 Helsinki Declaration
on Environment and Health, and the Ministerial declarations, recommendations
and resolutions of the "Environment for Europe" process,
Recognizing
the sound basis and relevance of other environmental initiatives, instruments
and processes in Europe, as well as the preparation and implementation
of National Environment and Health Action Plans and of National Environment
Action Plans,
Commending
the efforts already undertaken by the United Nations Economic Commission
for Europe and the Regional Office for Europe of the World Health Organization
to strengthen bilateral and multilateral cooperation for the prevention,
control and reduction of water-related disease,
Encouraged
by the many examples of positive achievements by the States members of
the United Nations Economic Commission for Europe and the States members
of the Regional Committee for Europe of the World Health Organization in
abating pollution and in maintaining and restoring water environments capable
of supporting human health and well-being,
Have agreed
as follows:
Article 1
OBJECTIVE
The objective of this Protocol is to promote at all appropriate
levels, nationally as well as in transboundary and international contexts,
the protection of human health and well-being, both individual and collective,
within a framework of sustainable development, through improving water
management, including the protection of water ecosystems, and through preventing,
controlling and reducing water-related disease.
Article 2
DEFINITIONS
For
the purposes of this Protocol,
1.
"Water-related disease" means any significant adverse effects on human
health, such as death, disability, illness or disorders, caused directly
or indirectly by the condition, or changes in the quantity or quality,
of any waters;
2.
"Drinking water" means water which is used, or intended to be available
for use, by humans for drinking, cooking, food preparation, personal hygiene
or similar purposes;
3.
"Groundwater" means all water which is below the surface of the ground
in the saturation zone and in direct contact with the ground or subsoil;
4.
"Enclosed waters" means artificially created water bodies separated from
surface freshwater or coastal water, whether within or outside a building;
5.
"Transboundary waters" means any surface or ground waters which mark, cross
or are located on boundaries between two or more States; wherever transboundary
waters flow directly into the sea, these transboundary waters end at a
straight line across their respective mouths between points on the low-water
line of their banks;
6.
"Transboundary effects of water-related disease" means any significant
adverse effects on human health, such as death, disability, illness or
disorders, in an area under the jurisdiction of one Party, caused directly
or indirectly by the condition, or changes in the quantity or quality,
of waters in an area under the jurisdiction of another Party, whether or
not such effects constitute a transboundary impact;
7.
"Transboundary impact" means any significant adverse effect on the environment
resulting from a change in the conditions of transboundary waters caused
by a human activity, the physical origin of which is situated wholly or
in part within an area under the jurisdiction of a Party to the Convention,
within an area under the jurisdiction of another Party to the Convention.
Such effects on the environment include effects on human health and safety,
flora, fauna, soil, air, water, climate, landscape, and historical monuments
or other physical structures or the interaction among these factors; they
also include effects on the cultural heritage or socio-economic conditions
resulting from alterations to those factors;
8.
"Sanitation" means the collection, transport, treatment and disposal or
reuse of human excreta or domestic waste water, whether through collective
systems or by installations serving a single household or undertaking;
9.
"Collective system" means:
(a)
A system for the supply of drinking water to a number of households or
undertakings; and/or
(b)
A system for the provision of sanitation which serves a number of households
or undertakings and, where appropriate, also provides for the collection,
transport, treatment and disposal or reuse of industrial waste water,whether
provided by a body in the public sector, an undertaking in the private
sector or by a partnership between the two sectors;
10.
"Water-management plan" means a plan for the development, management, protection
and/or use of the water within a territorial area or groundwater aquifer,
including the protection of the associated ecosystems;
11.
"The public" means one or more natural or legal persons, and, in accordance
with national legislation or practice, their associations, organizations
or groups;
12.
"Public authority" means:
(a)
Government at national, regional and other levels;
(b)
Natural or legal persons performing public administrative functions under
national law, including specific duties, activities or services in relation
to the environment, public health, sanitation, water management or water
supply;
(c)
Any other natural or legal persons having public responsibilities or functions,
or providing public services, under the control of a body or person falling
within subparagraphs (a) or (b) above;
(d)
The institutions of any regional economic integration organization referred
to in article 21 which is a Party.
This definition does not include bodies or institutions acting in a
judicial or legislative capacity;
13.
"Local" refers to all relevant levels of territorial unit below the level
of the State;
14.
"Convention" means the Convention on the Protection and Use of Transboundary
Watercourses and International Lakes, done at Helsinki on 17 March 1992;
15.
"Meeting of the Parties to the Convention" means the body established by
the Parties to the Convention in accordance with its article 17;
16.
"Party" means, unless the text otherwise indicates, a State or a regional
economic integration organization referred to in article 21 which has consented
to be bound by this Protocol and for which this Protocol is in force;
17.
"Meeting of the Parties" means the body established by the Parties in accordance
with article 16.
Article 3
SCOPE
The provisions
of this Protocol shall apply to:
(a)
Surface freshwater;
(b)
Groundwater;
(c)
Estuaries;
(d)
Coastal waters which are used for recreation or for the production of fish
by aquaculture or for the production or harvesting of shellfish;
(e)
Enclosed waters generally available for bathing;
(f
) Water in the course of abstraction, transport, treatment
or supply;
(g)
Waste water throughout the course of collection, transport, treatment and
discharge or reuse.
Article 4
GENERAL PROVISIONS
1. The Parties shall
take all appropriate measures to prevent, control and reduce water-related
disease within a framework of integrated water-management systems aimed
at sustainable use of water resources, ambient water quality which does
not endanger human health, and protection of water ecosystems.
2. The Parties shall,
in particular, take all appropriate measures for the purpose of ensuring:
(a)
Adequate supplies of wholesome drinking water which is free from any micro-organisms,
parasites and substances which, owing to their numbers or concentration,
constitute a potential danger to human health. This shall include the protection
of water resources which are used as sources of drinking water, treatment
of water and the establishment, improvement and maintenance of collective
systems;
(b)
Adequate sanitation of a standard which sufficiently protects human health
and the environment. This shall in particular be done through the establishment,
improvement and maintenance of collective systems;
(c) Effective protection of water resources used as sources of drinking water, and their related water ecosystems, from pollution from other causes, including agriculture, industry and other discharges and emissions of hazardous substances. This shall aim at the effective reduction and elimination of discharges and emissions of substances judged to be hazardous to human health and water ecosystems;
(d)
Sufficient safeguards for human health against water-related disease arising
from the use of water for recreational purposes, from the use of water
for aquaculture, from the water in which shellfish are produced or from
which they are harvested, from the use of waste water for irrigation or
from the use of sewage sludge in agriculture or aquaculture;
(e)
Effective systems for monitoring situations likely to result in outbreaks
or incidents of water-related disease and for responding to such outbreaks
and incidents and to the risk of them.
3. Subsequent references
in this Protocol to "drinking water" and "sanitation" are to drinking water
and sanitation that are required to meet the requirements of paragraph
2 of this article.
4. The Parties shall
base all such measures upon an assessment of any proposed measure in respect
of all its implications, including the benefits, disadvantages and costs,
for:
(a)
Human health;
(b)
Water resources; and
(c)
Sustainable development,which takes account of the differing new impacts
of any proposed measure on the different environmental mediums.
5. The Parties shall
take all appropriate action to create legal, administrative and economic
frameworks which are stable and enabling and within which the public, private
and voluntary sectors can each make its contribution to improving water
management for the purpose of preventing, controlling and reducing water-related
disease.
6. The Parties shall
require public authorities which are considering taking action, or approving
the taking by others of action, that may have a significant impact on the
environment of any waters within the scope of this Protocol to take due
account of any potential impact of that action on public health.
7. Where a Party is
a Party to the Convention on Environmental Impact Assessment in a Transboundary
Context, compliance by public authorities of that Party with the requirements
of that Convention in relation to a proposed action shall satisfy the requirement
under paragraph 6 of this article in respect of that action.
8. The provisions of
this Protocol shall not affect the rights of Parties to maintain, adopt
or implement more stringent measures than those set down in this Protocol.
9. The provisions of
this Protocol shall not affect the rights and obligations of any Party
to this Protocol deriving from the Convention or any other existing international
agreement, except where the requirements under this Protocol are more stringent
than the corresponding requirements under the Convention or that other
existing international agreement.
Article 5
PRINCIPLES AND APPROACHES
In
taking measures to implement this Protocol, the Parties shall be guided
in particular by the following principles and approaches:
(a)
The precautionary principle, by virtue of which action to prevent, control
or reduce water-related disease shall not be postponed on the ground that
scientific research has not fully proved a causal link between the factor
at which such action is aimed, on the one hand, and the potential contribution
of that factor to the prevalence of water-related disease and/or transboundary
impacts, on the other hand;
(b)
The polluter-pays principle, by virtue of which costs of pollution prevention,
control and reduction shall be borne by the polluter;
(c)
States have, in accordance with the Charter of the United Nations and the
principles of international law, the sovereign right to exploit their own
resources pursuant to their own environmental and developmental policies,
and the responsibility to ensure that activities within their jurisdiction
or control do not cause damage to the environment of other States or of
areas beyond the limits of national jurisdiction;
(d)
Water resources shall be managed so that the needs of the present generation
are met without compromising the ability of future generations to meet
their own needs;
(e)
Preventive action should be taken to avoid outbreaks and incidents of water-related
disease and to protect water resources used as sources of drinking water
because such action addresses the harm more efficiently and can be more
cost-effective than remedial action;
(f)
Action to manage water resources should be taken at the lowest appropriate
administrative level;
(g)
Water has social, economic and environmental values and should therefore
be managed so as to realize the most acceptable and sustainable combination
of those values;
(h)
Efficient use of water should be promoted through economic instruments
and awareness-building;
(i)
Access to information and public participation in decision-making concerning
water and health are needed, inter alia, in order to enhance the
quality and the implementation of the decisions, to build public awareness
of issues, to give the public the opportunity to express its concerns and
to enable public authorities to take due account of such concerns. Such
access and participation should be supplemented by appropriate access to
judicial and administrative review of relevant decisions;
(j)
Water resources should, as far as possible, be managed in an integrated
manner on the basis of catchment areas, with the aims of linking social
and economic development to the protection of natural ecosystems and of
relating water-resource management to regulatory measures concerning other
environmental mediums. Such an integrated approach should apply across
the whole of a catchment area, whether transboundary or not, including
its associated coastal waters, the whole of a groundwater aquifer or the
relevant parts of such a catchment area or groundwater aquifer;
(k)
Special consideration should be given to the protection of people who are
particularly vulnerable to water-related disease;
(l)
Equitable access to water, adequate in terms both of quantity and of quality,
should be provided for all members of the population, especially those
who suffer a disadvantage or social exclusion;
(m)
As a counterpart to their rights and entitlements to water under private
law and public law, natural and legal persons and institutions, whether
in the public sector or the private sector, should contribute to the protection
of the water environment and the conservation of water resources; and
(n)
In implementing this Protocol, due account should be given to local problems,
needs and knowledge.
Article 6
TARGETS AND TARGET DATES
1.
In order to achieve the objective of this Protocol, the Parties shall pursue
the aims of:
(a) Access to drinking water for everyone;
(b) Provision of sanitation for everyone within
a framework of integrated water-management systems aimed at sustainable
use of water resources, ambient water quality which does not endanger human
health, and protection of water ecosystems.
2.
For these purposes, the Parties shall each establish and publish national
and/or local targets for the standards and levels of performance that need
to be achieved or maintained for a high level of protection against water-related
disease. These targets shall be periodically revised. In doing all this,
they shall make appropriate practical and/or other provisions for public
participation, within a transparent and fair framework, and shall ensure
that due account is taken of the outcome of the public participation. Except
where national or local circumstances make them irrelevant for preventing,
controlling and reducing water-related disease, the targets shall cover,
inter
alia:
(a)
The quality of the drinking water supplied, taking into account the Guidelines
for drinking-water quality of the World Health Organization;
(b)
The reduction of the scale of outbreaks and incidents of water-related
disease;
(c)
The area of territory, or the population sizes or proportions, which should
be served by collective systems for the supply of drinking water or where
the supply of drinking water by other means should be improved;
(d)
The area of territory, or the population sizes or proportions, which should
be served by collective systems of sanitation or where sanitation by other
means should be improved;
(e)
The levels of performance to be achieved by such collective systems and
by such other means of water supply and sanitation respectively;
(f)
The application of recognized good practice to the management of water
supply and sanitation, including the protection of waters used as sources
for drinking water;
(g)
The occurrence of discharges of:
(i) Untreated waste water; and
(ii) Untreated storm water overflows
from waste-water collection systems to waters within the scope of this
Protocol;
(h)
The quality of discharges of waste water from waste-water treatment installations
to waters within the scope of this Protocol;
(i)
The disposal or reuse of sewage sludge from collective systems of sanitation
or other sanitation installations and the quality of waste water used for
irrigation purposes, taking into account the Guidelines for the safe use
of waste water and excreta in agriculture and aquaculture of the World
Health Organization and the United Nations Environment Programme;
(j)
The quality of waters which are used as sources for drinking water, which
are generally used for bathing or which are used for aquaculture or for
the production or harvesting of shellfish;
(k)
The application of recognized good practice to the management of enclosed
waters generally available for bathing;
(l)
The identification and remediation of particularly contaminated sites which
adversely affect waters within the scope of this Protocol or are likely
to do so and which thus threaten to give rise to water-related disease;
(m)
The effectiveness of systems for the management, development, protection
and use of water resources, including the application of recognized good
practice to the control of pollution from sources of all kinds;
(n)
The frequency of the publication of information on the quality of the drinking
water supplied and of other waters relevant to the targets in this paragraph
in the intervals between the publication of information under article 7,
paragraph 2.
3.
Within two years of becoming a Party, each Party shall establish and publish
targets referred to in paragraph 2 of this article, and target dates for
achieving them.
4.
Where a long process of implementation is foreseen for the achievement
of a target, intermediate or phased targets shall be set.
5.
In order to promote the achievement of the targets referred to in paragraph
2 of this article, the Parties shall each:
(a) Establish national or local arrangements for
coordination between their competent authorities;
(b) Develop water-management plans in transboundary,
national and/or local contexts, preferably on the basis of catchment areas
or groundwater aquifers. In doing so, they shall make appropriate practical
and/or other provisions for public participation, within a transparent
and fair framework, and shall ensure that due account is taken of the outcome
of the public participation. Such plans may be incorporated in other relevant
plans, programmes or documents which are being drawn up for other purposes,
provided that they enable the public to see clearly the proposals for achieving
the targets referred to in this article and the respective target dates;
(c) Establish and maintain a legal and institutional
framework for monitoring and enforcing standards for the quality of drinking
water;
(d) Establish and maintain arrangements, including,
where appropriate, legal and institutional arrangements, for monitoring,
promoting the achievement of and, where necessary, enforcing the other
standards and levels of performance for which targets referred to in paragraph
2 of this article are set.
Article 7
REVIEW AND ASSESSMENT OF PROGRESS
1.
The Parties shall each collect and evaluate data on:
(a) Their progress towards the achievement of the
targets referred to in article 6, paragraph 2;
(b) Indicators that are designed to show how far
that progress has contributed towards preventing, controlling or reducing
water-related disease.
2.
The Parties shall each publish periodically the results of this collection
and evaluation of data. The frequency of such publication shall be established
by the Meeting of the Parties.
3.
The Parties shall each ensure that the results of water and effluent sampling
carried out for the purpose of this collection of data are available to
the public.
4.
On the basis of this collection and evaluation of data, each Party shall
review periodically the progress made in achieving the targets referred
to in article 6, paragraph 2, and publish an assessment of that progress.
The frequency of such reviews shall be established by the Meeting of the
Parties. Without prejudice to the possibility of more frequent reviews
under article 6, paragraph 2, reviews under this paragraph shall include
a review of the targets referred to in article 6, paragraph 2, with a view
to improving the targets in the light of scientific and technical knowledge.
5.
Each Party shall provide to the secretariat referred to in article 17,
for circulation to the other Parties, a summary report of the data collected
and evaluated and the assessment of the progress achieved. Such reports
shall be in accordance with guidelines established by the Meeting of the
Parties. These guidelines shall provide that the Parties can use for this
purpose reports covering the relevant information produced for other international
forums.
6.
The Meeting of the Parties shall evaluate progress in implementing this
Protocol on the basis of such summary reports.
Article 8
RESPONSE SYSTEMS
1.
The Parties shall each, as appropriate, ensure that:
(a) Comprehensive national and/or local surveillance
and early-warning systems are established, improved or maintained which
will:
(i) Identify outbreaks or incidents of water-related
disease or significant threats of such outbreaks or incidents, including
those resulting from water-pollution incidents or extreme weather events;
(ii) Give prompt and clear notification to the
relevant public authorities about such outbreaks, incidents or threats;
(iii) In the event of any imminent threat to public
health from water-related disease, disseminate to members of the public
who may be affected all information that is held by a public authority
and that could help the public to prevent or mitigate harm;
(iv) Make recommendations to the relevant public
authorities and, where appropriate, to the public about preventive and
remedial actions;
(b) Comprehensive national and local contingency
plans for responses to such outbreaks, incidents and risks are properly
prepared in due time;
(c) The relevant public authorities have the necessary
capacity to respond to such outbreaks, incidents or risks in accordance
with the relevant contingency plan.
2.
Surveillance and early-warning systems, contingency plans and response
capacities in relation to water-related disease may be combined with those
in relation to other matters.
3.
Within three years of becoming a Party, each Party shall have established
the surveillance and early-warning systems, contingency plans and response
capacities referred to in paragraph 1 of this article.
Article 9
PUBLIC AWARENESS, EDUCATION, TRAINING, RESEARCH AND
DEVELOPMENT AND INFORMATION
1.
The Parties shall take steps designed to enhance the awareness of all sectors
of the public regarding:
(a) The importance of, and the relationship between,
water management and public health;
(b) The rights and entitlements to water and corresponding
obligations under private and public law of natural and legal persons and
institutions, whether in the public sector or the private sector, as well
as their moral obligations to contribute to the protection of the water
environment and the conservation of water resources.
2.
The Parties shall promote:
(a) Understanding of the public-health aspects
of their work by those responsible for water management, water supply and
sanitation; and
(b) Understanding of the basic principles of water
management, water supply and sanitation by those responsible for public
health.
3.
The Parties shall encourage the education and training of the professional
and technical staff who are needed for managing water resources and for
operating systems of water supply and sanitation, and encourage the updating
and improvement of their knowledge and skills. This education and training
shall include relevant aspects of public health.
4.
The Parties shall encourage:
(a) Research into, and development of, cost-effective
means and techniques for the prevention, control and reduction of water-related
disease;
(b) Development of integrated information systems
to handle information about long-term trends, current concerns and past
problems and successful solutions to them in the field of water and health,
and provision of such information to competent authorities.
Article 10
PUBLIC INFORMATION
1.
As a complement to the requirements of this Protocol for Parties to publish
specific information or documents, each Party shall take steps within the
framework of its legislation to make available to the public such information
as is held by public authorities and is reasonably needed to inform public
discussion of:
(a) The establishment of targets and of target
dates for their achievement and the development of water-management plans
in accordance with article 6;
(b) The establishment, improvement or maintenance
of surveillance and early-warning systems and contingency plans in accordance
with article 8;
(c) The promotion of public awareness, education,
training, research, development and information in accordance with article
9.
2.
Each Party shall ensure that public authorities, in response to a request
for other information relevant to the implementation of this Protocol,
make such information available within a reasonable time to the public,
within the framework of national legislation.
3.
The Parties shall ensure that information referred to in article 7, paragraph
4, and paragraph 1 of this article shall be available to the public at
all reasonable times for inspection free of charge, and shall provide members
of the public with reasonable facilities for obtaining from the Parties,
on payment of reasonable charges, copies of such information.
4.
Nothing in this Protocol shall require a public authority to publish information
or make information available to the public if:
(a) The public authority does not hold the information;
(b) The request for the information is manifestly
unreasonable or formulated in too general a manner; or
(c) The information concerns material in the course
of completion or concerns internal communications of public authorities
where such an exemption is provided for in national law or customary practice,
taking into account the public interest served by disclosure.
5.
Nothing in this Protocol shall require a public authority to publish information
or make information available to the public if disclosure of the information
would adversely affect:
(a) The confidentiality of the proceedings of public
authorities, where such confidentiality is provided for under national
law;
(b) International relations, national defence or
public security;
(c) The course of justice, the ability of a person
to receive a fair trial or the ability of a public authority to conduct
an enquiry of a criminal or disciplinary nature;
(d) The confidentiality of commercial or industrial
information, where such confidentiality is protected by law in order to
protect a legitimate economic interest. Within this framework, information
on emissions and discharges which are relevant for the protection of the
environment shall be disclosed;
(e) Intellectual property rights;
(f) The confidentiality of personal data and/or
files relating to a natural person where that person has not consented
to the disclosure of the information to the public, where such confidentiality
is provided for in national law;
(g) The interests of a third party which has supplied
the information requested without that party being under, or being capable
of being put under, a legal obligation to do so, and where that party does
not consent to the release of the material; or
(h) The environment to which the information relates,
such as the breeding sites of rare species.
These grounds for not disclosing information shall be interpreted in
a restrictive way, taking into account the public interest served by disclosure
and taking into account whether the information relates to emissions and
discharges into the environment.
Article 11
INTERNATIONAL COOPERATION
The
Parties shall cooperate and, as appropriate, assist each other:
(a)
In international actions in support of the objectives of this Protocol;
(b)
On request, in implementing national and local plans in pursuance of this
Protocol.
Article 12
JOINT AND COORDINATED INTERNATIONAL ACTION
In
pursuance of article 11, subparagraph (a), the Parties shall promote cooperation
in international action relating to:
(a)
The development of commonly agreed targets for matters referred to in article
6, paragraph 2;
(b)
The development of indicators for the purposes of article 7, paragraph
1 (b), to show how far action on water-related disease has been successful
in preventing, controlling and reducing such disease;
(c)
The establishment of joint or coordinated systems for surveillance and
early-warning systems, contingency plans and response capacities as part
of, or to complement, the national systems maintained in accordance with
article 8 for the purpose of responding to outbreaks and incidents of water-related
disease and significant threats of such outbreaks and incidents, especially
from water-pollution incidents or extreme weather events;
(d)
Mutual assistance in responding to outbreaks and incidents of water-related
disease and significant threats of such outbreaks and incidents, especially
from water-pollution incidents or extreme weather events;
(e)
The development of integrated information systems and databases, exchange
of information and sharing of technical and legal knowledge and experience;
(f)
The prompt and clear notification by the competent authorities of one Party
to the corresponding authorities of other Parties which may be affected
of:
(i)
Outbreaks and incidents of water-related disease, and
(ii)
Significant threats of such outbreaks and incidents
which have been identified;
(g)
The exchange of information on effective means of disseminating to the
public information about water-related disease.
Article 13
COOPERATION IN RELATION TO TRANSBOUNDARY WATERS
1.
Where any Parties border the same transboundary waters, as a complement
to their other obligations under articles 11 and 12, they shall cooperate
and, as appropriate, assist each other to prevent, control and reduce transboundary
effects of water-related disease. In particular, they shall:
(a)
Exchange information and share knowledge about the transboundary waters
and the problems and risks which they present with the other Parties bordering
the same waters;
(b)
Endeavour to establish with the other Parties bordering the same transboundary
waters joint or coordinated water-management plans in accordance with article
6, paragraph 5 (b), and surveillance and early-warning systems and contingency
plans in accordance with article 8, paragraph 1, for the purpose of responding
to outbreaks and incidents of water-related disease and significant threats
of such outbreaks and incidents, especially from water-pollution incidents
or extreme weather events;
(c)
On the basis of equality and reciprocity, adapt their agreements and other
arrangements regarding their transboundary waters in order to eliminate
any contradictions with the basic principles of this Protocol and to define
their mutual relations and conduct regarding the aims of this Protocol;
(d)
Consult each other, at the request of any one of them, on the significance
of any adverse effect on human health which may constitute a water-related
disease.
2.
Where the Parties concerned are Parties to the Convention, the cooperation
and assistance in respect of any transboundary effects of water-related
disease which are transboundary impacts shall take place in accordance
with the provisions of the Convention.
Article 14
INTERNATIONAL SUPPORT FOR NATIONAL ACTION
When
cooperating and assisting each other in the implementation of national
and local plans in pursuance of article 11, subparagraph (b), the Parties
shall, in particular, consider how they can best help to promote:
(a)
Preparation of water-management plans in transboundary, national and/or
local contexts and of schemes for improving water supply and sanitation;
(b)
Improved formulation of projects, especially infrastructure projects, in
pursuance of such plans and schemes, in order to facilitate access to sources
of finance;
(c)
Effective execution of such projects;
(d)
Establishment of systems for surveillance and early-warning systems, contingency
plans and response capacities in relation to water-related disease;
(e)
Preparation of legislation needed to support the implementation of this
Protocol;
(f)
Education and training of key professional and technical staff;
(g)
Research into, and development of, cost-effective means and techniques
for preventing, controlling and reducing water-related disease;
(h)
Operation of effective networks to monitor and assess the provision and
quality of water-related services, and development of integrated information
systems and databases;
(i)
Achievement of quality assurance for monitoring activities, including inter-laboratory
comparability.
Article 15
REVIEW OF COMPLIANCE
The Parties shall review the compliance of the Parties with the
provisions of this Protocol on the basis of the reviews and assessments
referred to in article 7. Multilateral arrangements of a non-confrontational,
non-judicial and consultative nature for reviewing compliance shall be
established by the Parties at their first meeting. These arrangements shall
allow for appropriate public involvement.
Article 16
MEETING OF THE PARTIES
1.
The first meeting of the Parties shall be convened no later than eighteen
months after the date of the entry into force of this Protocol. Thereafter,
ordinary meetings shall be held at regular intervals to be determined by
the Parties, but at least every three years, except in so far as other
arrangements are necessary to achieve the aims of paragraph 2 of this article.
The Parties shall hold an extraordinary meeting if they so decide in the
course of an ordinary meeting or at the written request of any Party, provided
that, within six months of it being communicated to all Parties, the said
request is supported by at least one third of the Parties.
2.
Where possible, ordinary meetings of the Parties shall be held in conjunction
with the meetings of the Parties to the Convention.
3.
At their meetings, the Parties shall keep under continuous review the implementation
of this Protocol, and, with this purpose in mind, shall:
(a)
Review the policies for and methodological approaches to the prevention,
control and reduction of water-related disease, promote their convergence,
and strengthen transboundary and international cooperation in accordance
with articles 11, 12, 13 and 14;
(b)
Evaluate progress in implementing this Protocol on the basis of information
provided by the Parties in accordance with guidelines established by the
Meeting of the Parties. Such guidelines shall avoid duplication of effort
in reporting requirements;
(c)
Be kept informed on progress made in the implementation of the Convention;
(d)
Exchange information with the Meeting of the Parties to the Convention,
and consider the possibilities for joint action with it;
(e)
Seek, where appropriate, the services of relevant bodies of the Economic
Commission for Europe and of the Regional Committee for Europe of the World
Health Organization;
(f) Establish the modalities for the participation
of other competent international governmental and non-governmental bodies
in all meetings and other activities pertinent to the achievement of the
purposes of this Protocol;
(g)
Consider the need for further provisions on access to information, public
participation in decision-making and public access to judicial and administrative
review of decisions within the scope of this Protocol, in the light of
experience gained on these matters in other international forums;
(h)
Establish a programme of work, including projects to be carried out jointly
under this Protocol and the Convention, and set up any bodies needed to
implement this programme of work;
(i)
Consider and adopt guidelines and recommendations which promote the implementation
of the provisions of this Protocol;
(j)
At the first meeting, consider and by consensus adopt rules of procedure
for their meetings. These rules of procedure shall contain provision to
promote harmonious cooperation with the Meeting of the Parties to the Convention;
(k)
Consider and adopt proposals for amendments to this Protocol;
(l)
Consider and undertake any additional action that may be required for the
achievement of the purposes of this Protocol.
Article 17
SECRETARIAT
1.
The Executive Secretary of the Economic Commission for Europe and the Regional
Director of the Regional Office for Europe of the World Health Organization
shall carry out the following secretariat functions for this Protocol:
(a)
The convening and preparing of meetings of the Parties;
(b)
The transmission to the Parties of reports and other information received
in accordance with the provisions of this Protocol;
(c)
The performance of such other functions as may be determined by the Meeting
of the Parties on the basis of available resources.
2.
The Executive Secretary of the Economic Commission for Europe and the Regional
Director of the Regional Office for Europe of the World Health Organization
shall:
(a) Set out details of their work-sharing arrangements
in a Memorandum of Understanding, and inform the Meeting of the Parties
accordingly;
(b) Report to the Parties on the elements of, and
the modalities for carrying out, the programme of work referred to in article
16, paragraph 3.
Article 18
AMENDMENTS TO THE PROTOCOL
1.
Any Party may propose amendments to this Protocol.
2.
Proposals for amendments to this Protocol shall be considered at a meeting
of the Parties.
3.
The text of any proposed amendment to this Protocol shall be submitted
in writing to the secretariat, which shall communicate it to all Parties
at least ninety days before the meeting at which it is proposed for adoption.
4.
An amendment to this Protocol shall be adopted by consensus of the representatives
of the Parties present at the meeting. The adopted amendment shall be communicated
by the secretariat to the Depositary, who shall circulate it to all Parties
for their acceptance. The amendment shall enter into force for the Parties
which have accepted it on the ninetieth day after the date on which two
thirds of those Parties have deposited with the Depositary their instruments
of acceptance of the amendment. The amendment shall enter into force for
any other Party on the ninetieth day after the date on which that Party
deposits its instrument of acceptance of the amendment.
Article 19
RIGHT TO VOTE
1.
Except as provided for in paragraph 2 of this article, each Party shall
have one vote.
2.
Regional economic integration organizations, in matters within their competence,
shall exercise their right to vote with a number of votes equal to the
number of their member States which are Parties. Such organizations shall
not exercise their right to vote if their member States exercise theirs,
and vice versa.
Article 20
SETTLEMENT OF DISPUTES
1.
If a dispute arises between two or more Parties about the interpretation
or application of this Protocol, they shall seek a solution by negotiation
or by any other means of dispute settlement acceptable to the parties to
the dispute.
2.
When signing, ratifying, accepting, approving or acceding to this Protocol,
or at any time thereafter, a Party may declare in writing to the Depositary
that for a dispute not resolved in accordance with paragraph 1 of this
article, it accepts one of the following means of dispute settlement as
compulsory in relation to any Party accepting the same obligation:
(a)
Where the Parties are Parties to the Convention, and have accepted as compulsory
in relation to each other one or both of the means of dispute settlement
provided in the Convention, the settlement of the dispute in accordance
with the provisions of the Convention for the settlement of disputes arising
in connection with the Convention;
(b)
In any other case, the submission of the dispute to the International Court
of Justice, unless the Parties agree to arbitration or some other form
of dispute resolution.
Article 21
SIGNATURE
This
Protocol shall be open for signature in London on 17 June 1999 on the occasion
of the Third Ministerial Conference on Environment and Health, and thereafter
at United Nations Headquarters in New York until 18 June 2000, by States
members of the Economic Commission for Europe, by States members of the
Regional Committee for Europe of the World Health Organization, by States
having consultative status with the Economic Commission for Europe pursuant
to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28
March 1947, and by regional economic integration organizations constituted
by sovereign States members of the Economic Commission for Europe or members
of the Regional Committee for Europe of the World Health Organization to
which their member States have transferred competence over matters governed
by this Protocol, including the competence to enter into treaties in respect
of these matters.
Article 22
RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
1.
This Protocol shall be subject to ratification, acceptance or approval
by signatory States and regional economic integration organizations.
2.
This Protocol shall be open for accession by the States and organizations
referred to in article 21.
3.
Any organization referred to in article 21 which becomes a Party without
any of its member States being a Party shall be bound by all the obligations
under this Protocol. In the case of such organizations, one or more of
whose member States is a Party, the organization and its member States
shall decide on their respective responsibilities for the performance of
their obligations under this Protocol. In such cases, the organization
and the member States shall not be entitled to exercise rights under this
Protocol concurrently.
4.
In their instruments of ratification, acceptance, approval or accession,
the regional economic integration organizations referred to in article
21 shall declare the extent of their competence with respect to the matters
governed by this Protocol. These organizations shall also inform the Depositary
of any substantial modification to the extent of their competence.
5.
The instruments of ratification, acceptance, approval or accession shall
be deposited with the Secretary-General of the United Nations.
Article 23
ENTRY INTO FORCE
1.
This Protocol shall enter into force on the ninetieth day after the date
of deposit of the sixteenth instrument of ratification, acceptance, approval
or accession.
2.
For the purposes of paragraph 1 of this article, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by States members of such an organization.
3.
For each State or organization referred to in article 21 which ratifies,
accepts or approves this Protocol or accedes thereto after the deposit
of the sixteenth instrument of ratification, acceptance, approval or accession,
the Protocol shall enter into force on the ninetieth day after the date
of deposit by such State or organization of its instrument of ratification,
acceptance, approval or accession.
Article 24
WITHDRAWAL
At any time after three years from the date on which this Protocol has
come into force with respect to a Party, that Party may withdraw from the
Protocol by giving written notification to the Depositary. Any such withdrawal
shall take effect on the ninetieth day after the date of its receipt by
the Depositary.
Article 25
DEPOSITARY
The Secretary-General of the United Nations shall act as the Depositary
of this Protocol.
Article 26
AUTHENTIC TEXTS
The
original of this Protocol, of which the English, French, German and Russian
texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations.
IN
WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed
this Protocol.
DONE
in London, this 17th day of June one thousand nine hundred and ninety-nine.
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