UNTC

STATUS AS AT : 20-04-2024 03:15:33 EDT

CHAPTER XXVII

ENVIRONMENT

6 . Convention on the Transboundary Effects of Industrial Accidents

Helsinki, 17 March 1992

Entry into force

19 April 2000, in accordance with article 30(1).

Registration

19 April 2000, No. 36605

Status

Signatories : 27. Parties : 42. ¹

Text

United Nations, Treaty Series , vol. 2105, p. 457.
Doc. ECE/CP.TEIA/15/Add.1 (Amendements to Annex I of Convention) 2 Doc. ECE/CP.TEIA/30/Add.1 (Decision 2014/2 Amending Annex I to the Convention) ³

Note

The Convention was adopted by the Senior Advisers to the Economic Commission for Europe Governments on Environmental and Water Problems at their Resumed Fifth Session held at Helsinki from 17 to 18 March 1992. The Convention was opened for signature at Helsinki from 17 to 18 March 1992 and was open for signature at United Nations Headquarters in New York until 18 September 1992.

Participant	Signature	Ratification, Accession(a), Acceptance(A), Approval(AA)
Albania	18 Mar 1992	5 Jan 1994
Armenia		21 Feb 1997 a
Austria	18 Mar 1992	4 Aug 1999
Azerbaijan		16 Jun 2004 a
Belarus		25 Jun 2003 a
Belgium	18 Mar 1992	6 Apr 2006
Bosnia and Herzegovina		20 Feb 2013 a
Bulgaria	18 Mar 1992	12 May 1995
Canada	18 Mar 1992
Croatia		20 Jan 2000 a
Cyprus		31 Aug 2005 a
Czech Republic		12 Jun 2000 a
Denmark ⁴	18 Mar 1992	28 Mar 2001 AA
Estonia	18 Mar 1992	17 May 2000
European Union ¹	18 Mar 1992	24 Apr 1998 AA
Finland	18 Mar 1992	13 Sep 1999 A
France	18 Mar 1992	3 Oct 2003 AA
Germany	18 Mar 1992	9 Sep 1998
Greece	18 Mar 1992	24 Feb 1998
Hungary	18 Mar 1992	2 Jun 1994 AA
Italy	18 Mar 1992	2 Jul 2002
Kazakhstan		11 Jan 2001 a
Latvia	18 Mar 1992	29 Jun 2004
Lithuania	18 Mar 1992	2 Nov 2000
Luxembourg	20 May 1992	8 Aug 1994
Monaco		28 Aug 2001 a
Montenegro		19 May 2009 a
Netherlands (Kingdom of the) ⁵	18 Mar 1992	6 Nov 2006 A
North Macedonia		2 Mar 2010 a
Norway	18 Sep 1992	1 Apr 1993 AA
Poland	18 Mar 1992	8 Sep 2003
Portugal	9 Jun 1992	2 Nov 2006
Republic of Moldova		4 Jan 1994 a
Romania		22 May 2003 a
Russian Federation	18 Mar 1992	1 Feb 1994 A
Serbia		31 Jul 2009 a
Slovakia		9 Sep 2003 a
Slovenia		13 May 2002 a
Spain	18 Mar 1992	16 May 1997
Sweden	18 Mar 1992	22 Sep 1999
Switzerland	18 Mar 1992	21 May 1999
Ukraine		6 Jul 2022 a
United Kingdom of Great Britain and Northern Ireland	18 Mar 1992	5 Aug 2002
United States of America	18 Mar 1992

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession, acceptance or approval.)

Austria

Declaration:

"The Republic of Austria declares in accordance with article 21 paragraph 2 of the Convention to accept both of the means of the settlement of disputes mentioned in this paragraph as compulsory in relation to any Party accepting one or both of these means of settlement of disputes as compulsory."

Azerbaijan

Declarations:

       "1. The Republic of Azerbaijan declares that the term ‘military installations' appearing in article 2, paragraph 2 (b), of the Convention on the Transboundary Effects of Industrial Accidents is understood to refer to installations serving the interests of national defence and functioning on legal causes.
       2. With reference to article 3, paragraph 1, of the Convention, the Republic of Azerbaijan declares that, in relation to any Party, it will cooperate within the framework of the Convention on the Transboundary Effects of Industrial Accidents in accordance with the principles and norms of international law.
       3. In accordance with article 21, paragraph 2, of the Convention, the Republic of Azerbaijan declares that, for a dispute not resolved in accordance with paragraph 1 of article 21, it accepts the arbitration in accordance with the procedure set out in Annex XIII as compulsory in relation to any Party accepting one or both of the means of dispute settlement referred to in paragraph 2 of article 21."

European Union ¹

Reservations:

On 27 April 2007, the European Community informed the Secretary-General of its decision to withdraw the reservation made upon approval to the Convention (see United Nations, Treaty Series, vol. 2105, p. 575 for the text of the reservation) and replace it with the following reservation:

"The Member States of the European Community, in their mutual relations, will apply the Convention in accordance with the Community's internal rules. The Community therefore reserves the right as concerns the threshold quantities mentioned in Annex I, Part I, Nos. 4, 5, and 6 to the Convention, to apply threshold quantities of 100 tonnes for bromine (very toxic substance), 5000 tonnes for methanol (toxic substance) and 2000 tonnes for oxygen (oxidising substance)."

Declaration:

“In accordance with the EC Treaty, the objectives and principles of the Community’s environmental policy are, in particular, to preserve and protect the quality of the environment and human health through preventive action. In pursuit of those objectives, the Council adopted Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities which has been replaced by Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances. These instruments aim at the prevention of major-accident hazards involving dangerous substances and the limitations of their consequences for man and the environment and cover matters which are the subject of [the said Convention]. The Community will inform the depositary of any amendment to this Directive and of any further relevant development in the field covered by the Convention.
As regards the application of the Convention, the Community and its Member States are responsible, within their respective spheres of competence.”

France

Declaration and reservation:

1. Interpretative declaration:

The French Government declares that the term "military installations" appearing in article 2, paragraph 2 (b), of the Convention on the Transboundary Effects of Industrial Accidents is understood to refer to installations serving the interests of national defence and to weapons systems and nuclear-powered vessels of the national navy.

2. Reservation:

At the time of adopting the Convention on the Transboundary Effects of Industrial Accidents, signed at Helsinki on 18 March 1992, the French Republic associates itself with the reservations expressed by the European Community at the time of the deposit of its instrument of ratification and states that it will apply the Convention in accordance with its obligations under Directive 96/82 of the Council of the European Union of 9 December 1996 on the control of major-accident hazards involving dangerous substances.

Hungary

Declaration:

"The Government of the Republic of Hungary accepts both means of dispute settlement as compulsory in relation to any Party accepting the same obligation."

Netherlands (Kingdom of the)

Declaration:

"The Kingdom of the Netherlands accepts, for a dispute not resolved in accordance with paragraph 1 of Article 21 of the Convention, both means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting the same obligation.”

Reservation:

“The Kingdom of the Netherlands reserves the right as concerns the threshold quantities mentioned in Annex I of the Convention, to apply the threshold quantities mentioned in European Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances.”

Serbia

Declaration:

“The Republic of Serbia declares in accordance with article 21 paragaph 2 of the Convention that it accepts submission of the dispute to the International Court of Justice, mentioned in paragraph 2 (a).”

Ukraine

Declaration:

“Ukraine undertakes, in accordance with paragraph 2 of Article 21 of the Convention, both methods of dispute settlement as mandatory for any party that undertakes the same obligation”.

End Note

1.For the purpose of entry into force of the [Convention/Protocol] , any instrument of ratification, acceptance, approval or accession deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that Organization.

2.The Amendments were adopted at the fourth meeting of the Conference of the Parties, held in Rome from 15 to 17 November 2006 and entered into force for all Parties to the Convention on 19 March 2008.

3.The Amendments were adopted at the eighth meeting of the Conference of the Parties, held in Geneva from 3 to 5 December 2014 and entered into force for all Parties to the Convention on 19 December 2015.

4.With reservation of application to the Faroe Islands and Greenland.

5.For the Kingdom in Europe.