Official drafts

Working Group for the preparation of a draft convention on accessto environmental
information and public participation in environmental decision-making

(Seventh session, Geneva, 29 September - 3 October 1997)
(Item 2 of the provisional agenda)

CONSOLIDATED DRAFT OF THE CONVENTION ON ACCESS TO ENVIRONMENTAL INFORMATION
AND PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION-MAKING

Submitted by Mr. A. McGlone, Chairperson of the drafting group

Introduction

1. At its fifth and sixth sessions, the Working Group for the preparation of a draft convention on access to environmental information and public participation in environmental decision-making requested a drafting group to prepare a consolidated draft of the convention (CEP/AC.3/10, para. 11 and CEP/AC.3/12, para. 13). The group met in Geneva on 11-15 August 1997. It was composed of Mrs. D. DADE (Albania), Mr. L. PAVLOV (Bulgaria), Ms. S. FLENSBORG and Mr. V. KOESTER (Denmark), Mrs. M.L.

TANON (France), Mr. E. MEYER-RUTZ (Germany), Mr. F. LA CAMERA (Italy), Ms. K. HORVATH and Mr. W. KAKEBEEKE (Netherlands), Mr. J. JENDROSKA (Poland), Mr. A. POGODIN (Russian Federation), Mr. S. NECHTYTAYLO (Ukraine), Mr. A. McGLONE (United Kingdom), Ms. L. GRAFF (Commission of the European Communities) and Mr. P. RODERICK (NGOs Coalition).

2. The group thoroughly re-worked the recitals, articles 1 bis, 2, 3 and 10 to 21. Some changes were made to articles 4 and 5. A subgroup worked on technical amendments to annex I. The remainder of the text was simply copied from earlier drafts seen by the Working Group. Article 2, paragraph 3, should be discussed in conjunction with article 5 and was not considered by the drafting group. The drafting group did not discuss whether there should be express provisions on the adoption of protocols and the amendment of annexes. The group's consolidated draft is set out below.


CONSOLIDATED DRAFT OF THE CONVENTION ON ACCESS TO ENVIRONMENTAL INFORMATION
AND PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION-MAKING

The Parties to this Convention,

[Recalling principle l of the Stockholm Declaration on the Human Environment,]

Recalling principle[s] [1, 3 and] 10 of the Rio Declaration on Environment and Development, which state[s], inter alia, that "Environmental issues are best handled with the participation of all concerned citizens, at the relevant level",

[Recalling General Assembly resolution 45/94 of 14 December 1990,

Recognizing that adequate protection of the environment is essential to human well-being and the enjoyment of basic human rights, including the right to life itself, Recognizing that every person has the right to live in an environment adequate to his health and well-being, and the duty, both individually and in association with others, to protect and improve the environment for the benefit of present and future generations,

Considering that, in order to be able to assert this right and observe this duty, citizens must have access to environmental information, must be entitled to participate in environmental decision-making and may have access to justice,]

Recognizing that, in the field of the environment, improved access to information and public participation in decision-making enhances the quality and the implementation of decisions, contributes to public awareness of environmental issues, gives the public the opportunity to register their concerns and enables public authorities to take due account of such concerns, Recognizing that the public needs to be aware of the procedures for participation in environmental decision-making, have free access to them and know how to use them, Noting the importance of making use of electronic forms of communication, the media and environmental education to promote the objectives of this Convention,

Desiring that educational institutions should be encouraged to further the understanding of the environment and sustainable development, in particular by children, for example by providing specific curricular programmes and training addressing such issues, and by encouraging widespread public awareness of, and participation in, decisions affecting the environment and sustainable development,

Convinced that the application of the provisions of this Convention, by furthering accountability and transparency, will strengthen support for public authorities and improve their credibility,

Desiring cooperation and partnership with the private sector, which has an important role to play in furthering the objectives of this Convention,

Recognizing the need for public authorities be in the possession of accurate, comprehensive and up-to-date environmental information,

Concerned that all judicial mechanisms should be accessible to the public, including organizations, so that their legitimate interests are protected and the law is enforced,

[Concerned that when emphasizing the importance of public participation in protecting environmental rights, it should also be recognized that all persons, both individually and in association with others, have a responsibility to protect, to preserve and to strengthen a sustainable use of the environment,]

Convinced that the implementation of this Convention will contribute to strengthening democracy in the region of the United Nations Economic Commission for Europe (ECE),

Conscious of the role played in this respect by ECE and recalling, inter alia, the ECE Guidelines on Access to Environmental Information and Public Participation in Environmental Decision-making endorsed in the Ministerial Declaration adopted at the Third Ministerial Conference "Environment for Europe" (23-25 October 1995, Sofia, Bulgaria),

Bearing in mind the relevant provisions in the Convention on Environmental Impact Assessment in a Transboundary Context, (Espoo, 1991), and the Convention on the Transboundary Effects of Industrial Accidents (Helsinki, 1992),

Conscious that the adoption of this Convention will have contributed to the further strengthening of the "Environment for Europe" process and to the results of the Fourth Ministerial Conference in Aarhus,

Denmark, in June 1998,

Have agreed as follows:

Article 1

OBJECTIVE

In order to protect the right of every person to live in an environment adequate to his health and well-being, each Party shall guarantee the rights of public participation in environmental decision-making, access to environmental information, and access to justice in accordance with the provisions of this Convention.]

Article 1 bis

DEFINITIONS

For the purpose of this Convention,

(a) "Party" means, unless the text otherwise indicates, a Contracting Party to this Convention;

(b) "Public authority" means:

(i) Government at national, regional and other level;

(ii) Natural or legal persons performing public administrative functions under national law, including specific duties, activities or services in relation to the environment;

(iii) Any other natural or legal persons having public responsibilities or functions, or providing public services, in relation to the environment, under the control of a body or person falling within subparagraphs (i) or (ii) above;

(iv) The institutions of any regional economic integration organization referred to in article 16 which is a Party to this Convention; and]

(v) International bodies under the control or exclusively made up of Parties.]

This definition does not include bodies [or institutions] acting in a judicial or legislative capacity;

(c) "Environmental information" means any information in written, visual, aural, electronic or any other material form on:

(i) The state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, and the interaction among these elements;

(ii) Factors, such as substances, energy, noise and radiation, and activities or measures, including administrative measures, environmental agreements, policies, legislation, plans and programmes, affecting or likely to affect the elements of the environment within the scope of subparagraph (i) above and cost-benefit and other economic analysis and assumptions used in environmental decision-making;

(iii) The state of human health and safety, conditions of human life, cultural sites and built structures, in as much as they are or may be affected by the state of the elements of the environment or, through these elements, by the factors, activities or measures referred to in subparagraph (ii);

(d) "The public" means one or more natural or legal persons, and, in accordance with their national legislation or practice, their associations, organizations or groups;

(e) "Public concerned" means the public affected or likely to be affected by, or having a[n][sufficient] interest in, the environmental decision-making; for the purposes of this definition, non-governmental organizations promoting environmental protection and meeting any requirements under national law shall be deemed to have a[n] [sufficient] interest.

Article 2

GENERAL PROVISIONS

1. Each Party shall take the necessary legislative, regulatory and other measures, including measures to achieve compatibility between the provisions implementing the information, participation and justice provisions in this Convention, as well as proper enforcement measures, to establish and maintain a clear, transparent and consistent framework to implement the provisions of this Convention.

[1A. In order to achieve compatibility between the measures implementing the information, participation and justice provisions of this Convention, each Party shall ensure that:

(a) The terms of availability of environmental information and other information used in environmental decision-making, including terms relating to time limits, allow for effective and informed:

(i) Preparation and participation in any environmental decision- making process in accordance with articles 5-8; and

(ii) Access to justice in accordance with article 9; and

(b) Any right to access to justice in accordance with article 9 may be exercised by those entitled to receive information or to participate in environmental decision-making under this Convention.]

2. Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in seeking access to environmental information, in facilitating its participation in environmental decision-making and in seeking access to justice.

[3. Each Party shall ensure that public participation procedures, including [reasonable] time frames for different phases, which allow [sufficient] [reasonable] time for the public to prepare and participate effectively in the environmental decision-making process, [in accordance with articles 5, 6 and 7 of this Convention,] are provided for prior to a decision [which may have a significant impact on the environment].]

4. Each Party shall promote environmental education and environmental awareness amongst the public, especially on how to obtain access to environmental information, participate in environmental decision-making and obtain access to justice.

5. Each Party shall provide for the appropriate recognition and support to groups, associations or organizations promoting the objective of environmental protection and ensure that its national legal system is consistent with this obligation.

6. The provisions of this Convention shall not affect the right of a Party to maintain or introduce [more stringent] measures providing for broader access to environmental information, more extensive public participation in environmental decision-making and wider access to justice, than those required by this Convention.

7. This Convention shall not require the derogation from existing rights of access to environmental information, public participation in environmental decision-making and access to justice.

8. Each Party shall promote the application of the principles of this Convention in international environmental decision-making processes and within the framework of international organizations in matters relating to the environment.

Article 3

ACCESS TO ENVIRONMENTAL INFORMATION

1. Each Party shall ensure that, subject to the following paragraphs of this article, public authorities, in response to a request for environmental information, make available, within the framework of national legislation, such information, including [where appropriate] copies of the actual documentation containing or comprising such information, to the public:

(a) Without having regard to citizenship, nationality or domicile;

(b) Without an interest having to be stated;

(c) In the form requested [unless:

(i) It is reasonable for the public authority to make it available in another form, in which case reasons shall be given for making it available in that form; or

(ii) The information is already publicly available in another form];

[(d) Immediately and without delay, where the disclosure of the information requested would result or be likely to result in preventing or mitigating an imminent threat to human health or the environment].

2. The environmental information referred to in paragraph 1 shall be made available as soon as possible and at the latest within one month after the request has been submitted, unless the volume and the complexity of the information justifies an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it.

3. A request for environmental information may be refused if:

(a) The public authority to which the request is addressed does not hold the environmental information requested;

(b) The request is manifestly unreasonable or formulated in too general a manner; or

(c) The request concerns material in the course of completion or concerns internal communications within [and between] public authorities where such an exemption is provided for in national law or customary practice [,unless the harm likely to result from disclosure is outweighed by the public interest in making the information available].

4. A request for environmental information may be refused if [the harm likely to result from disclosure would outweigh the public interest in making the information available,] [and] [there is provision for such refusal in national law,] [and] the disclosure 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) Commercial and industrial confidentiality, [if disclosure of the information would cause significant financial damage to an economic interest as a result of the information being used by a competing economic interest to further similar objectives and provided that the information requested does not concern the use of public funds] [within the limits of rights protected under international and national law];

(e) [Intellectual property;

(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 provided for in national law;

(g) The interests of a third party which has supplied information requested without that party being under or 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.

5. Where a public authority does not hold the environmental information requested, the public authority shall, as promptly as possible, inform the applicant of the public authority where it believes it is possible to apply for the information requested or transfer the request to that authority and inform the applicant accordingly.

6. [Where, in carrying out a regulatory function or under an environmental agreement a public authority is entitled to examine environmental information which it does not hold, and such information is not held by any other public authority, it shall make practical arrangements to ensure that a request for such information is processed on the same terms (e.g. exemption provisions, time periods for response, charges) as if the information were held by a public authority.]

7. Each Party shall ensure that, if information exempted from disclosure under paragraph 3 (c) and 4 of this article can be separated out without prejudice to the confidentiality of the information exempted, public authorities make available the remainder of the environmental information that has been requested.

8. A refusal to a request shall be in writing if the request was in writing or the applicant so requests. A refusal shall state the reasons for the refusal and give information on access to the review procedure provided for in accordance with article 9. The refusal shall be made as soon as possible and at the latest within one [two] month[s].

9. Each Party may allow its public authorities to make a charge for supplying information but such charge shall not exceed a reasonable amount. Public authorities intending to make such a charge for supplying information shall make available to applicants a schedule of charges which may be levied, indicating the circumstances in which they may be levied or waived and when the supply of information is conditional on the advance payment of such a charge.

Article 4

[DUTIES WITH RESPECT TO] ENVIRONMENTAL INFORMATION

1. Each Party shall ensure that:

[(a)] [Public authorities possess and update [all] environmental information] [within their competence] [which is relevant to their functions];

[(b)] [Mandatory systems are established for ensuring that there is an adequate flow of information to public authorities about proposed and existing activities which may significantly affect the environment];

[(c) In the event of any imminent threat to human health or the environment, whether caused by human activities or due to natural causes, all information which could enable the public to take measures to prevent or mitigate harm arising from the threat and which is held by a public authority is disseminated immediately and without delay to members of the public who may be affected. [Parties shall take measures to render failure by officials to comply with this obligation a criminal offence.]]

[Each Party shall ensure that the competent public authorities, in accordance with national legislation, have sufficient information on the environment.]

2. [Each Party shall ensure that the way in which public authorities make environmental information available to the public is transparent and effectively accessible. Such measures shall include] [Public authorities [shall] [should]]:

(a) Make the public aware [within the framework of national legislation] of the type and scope of environmental information held by [relevant] public authorities; and the basic terms and conditions under which such information is made available and accessible and the process by which it can be obtained;

(b) [Establish and maintain registers containing appropriate categories of environmental information that the public authorities consider should be readily accessible to the public] [and designate officers, in accordance with paragraph 3 of article 2, responsible for supporting the public in seeking access to environmental information and in facilitating its participation in environmental decision-making]; and

(c) Provide access to the environmental information contained in public registers [free of charge].

2A. Each Party [shall] [should] ensure that certain environmental information is available in electronic databases (such as Websites or their equivalent) which are publicly accessible through the Internet or its equivalent. [This information shall include the categories of information listed in annex X] [The Parties shall develop a protocol on the extent to which environmental information shall be made available in this manner and on the extent to which such mechanisms shall supplement or replace existing information duties].

3. Each Party shall, at regular intervals not exceeding [one] [two] [three] [four] years, publish and disseminate general information [a national report] on the state of the environment [in the Party's territory] [,including information on the quality and sensitivity of the environment and information on pressures on the environment].

4. Each Party shall [publicize the availability of][take measures within the framework of its legislation for the purpose of disseminating] [inter alia]:

(a) National instruments (including strategies, policies, programmes and action plans which are related to the environment, and progress reports on their implementation) prepared at various levels of public administration; and

(b) International legal instruments on environmental issues adopted with the participation of the Party concerned within the framework of the competent international organizations or international conferences.

5. [Each Party shall inform the public of existing mechanisms for submitting information to international bodies concerning non-compliance [by Parties] with international environmental rules and obligations];

6. Each Party [shall] [should] encourage [entities that are not public authorities] [third parties] whose activities have a significant adverse impact on the environment, to report regularly to the public on the environmental impact of their activities.

7. Each Party [shall] [should] encourage public access to environmental information generated by voluntary schemes such as eco-auditing and the use of eco-labelling schemes for more environmentally friendly products.

Article 5

DECISIONS ON SPECIFIC ACTIVITIES

1. Each Party shall implement the provisions of this article with respect to decisions on whether to permit proposed activities listed in annex I. Each Party shall also apply this article to decisions on proposed activities outside the scope of annex I [which are subject to a permitting procedure and] which may have a [significant] [appreciable] effect on the environment.

2. The public concerned shall be informed, either by public notice or individually as appropriate, early in an environmental decision-making procedure, and in an adequate, timely and effective manner. [The public authority shall also notify [members of the public] [environmental citizens' organizations] that have requested to be notified, of all proposed activities within specified categories in accordance with the request.] The information shall contain, inter alia, data on:

(a) The proposed activity, including on the application on which a decision will be taken,;

(b) The draft decision or the nature of possible decisions;

(c) The public authority responsible for making the decision;

(d) The envisaged procedure, including [where feasible]:

(i) The commencement of the procedure;

(ii) The opportunities for the public to participate;

(iii) The time and place of any public hearing envisaged;

(iv) An indication of the public authority from which relevant information can be obtained;

(v) An indication of the relevant public authority to which comments or questions can be submitted and of the time scheduled for transmittal of comments or questions; and

(vi) An indication of the availability of environmental information relevant to the proposed activity.

3. The public participation procedures shall include reasonable time frames for different phases, which allow sufficient time for [informing the public in accordance with paragraph 2 and for] the public to prepare and participate effectively and continuously throughout the environmental decision-making.

4. Each Party [shall] [should] provide for early public participation, when options and alternatives are open and [effective] public participation can [take place] [be effective]. To this end, such measures should require the prospective applicant, before making an application for a licence or permit, to identify the public [concerned] [likely to be affected by or having [indicated] an interest in the environmental decision-making], to enter into discussions, and to provide information regarding the objectives of the prospective application. The prospective applicant should, before making the application, establish with the public concerned a form of participation which, without prejudice to the following provisions of this article, takes into account both the needs and nature of the public concerned and the scale, nature and location of the activity in respect of which an application may be made. The Parties shall endeavour to develop further guidelines including criteria for such participation and if possible include these guidelines as an annex to the Convention.

5. Notwithstanding the provisions of article 3 on environmental information, [each Party] [competent public authorities] [shall][should] ensure that the relevant [additional] information, including environmental information [and information such as economic and financial analysis] [needed for public participation in environmental decision-making], is made accessible to the public for inspection free of charge, as soon as it becomes available, in order to supplement the information under paragraph 2. [The relevant environmental information shall include as a minimum] [the information described in annex II.]

[(a) If a preliminary consultation has taken place, a report of this consultation;

(b) The reports and advice concerning the activity;

(c) A survey of the relevant documents specifically related to the activity which are not available to the public;

(d) Any available information on [its possible impact] [the sources of emissions and the significant effects of the emissions on the environment];

(e) The application on which a decision will be taken and the draft decision when these become available.]

6. Procedures for public participation shall allow the public to submit, in writing or at a public inquiry as appropriate, any comments, information, analyses or opinions that it considers relevant to the proposed activity and to make objections. The procedures [shall] [should] allow the public, inter alia:

(a) To propose alternatives, including the no-action alternative;

(b) To propose measures to prevent and mitigate significant adverse impacts; and

(c) To propose measures to monitor the impacts of the decision, including public participation in the monitoring.

[The arrangements for public participation may be based on methods listed in annex III.]

7. Each Party shall ensure that in the decision due account is taken of the outcome of the public participation. Each Party shall [should] ensure that when the decision has been taken by the public authority the public is promptly informed of it in accordance with the appropriate procedures and it shall make accessible to the public the following information:

(a) The text of the decision and any conditions attached;

(b) The main reasons and considerations on which the decision is based, including the extent to which it reflects the comments and objections made by the public.

8. Persons involved in public participation in environmental matters shall not be penalized, persecuted or harassed in any way for their involvement in activities that are otherwise lawful.

[9. Each Party shall ensure that when a public authority reconsiders or updates the operational conditions for an activity referred to in paragraph 1, the provisions of paragraphs 2 to 9 of this article are applied mutatis mutandis,[substituting, for the reference to annex II in paragraph 5, a reference to annex IV].]

Article 6

PUBLIC PARTICIPATION IN PROCEDURES CONCERNING [POLICIES,] [STRATEGIES,]

PLANS AND PROGRAMMES

[Each Party shall ensure that, in the preparation of [policies,] [strategies,] plans and programmes, those bodies, institutions and organizations which in its opinion are the most concerned with the subjects to be addressed are provided with the opportunity to be involved. For the purpose of this article each Party shall designate the public to be consulted.]

Article 7

PUBLIC PARTICIPATION IN PROCEDURES CONCERNING GENERAL RULES

[1. Each Party shall ensure that the public is informed [by public notice] early in the procedure concerning general rules and that, where appropriate, draft general rules are published.

2. Each Party shall ensure that, where appropriate, the public is given the opportunity to submit comments on the draft text in written or, where appropriate, in oral form to the responsible public authority.]

Article 8

ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURES

[Where a national environmental impact assessment procedure is in place, articles 5, 6, 7 and 8 will apply to the extent that the public participation obligations set out in them are not fully met in the existing environmental impact assessment procedure.]

Article 9

ACCESS TO JUSTICE

(1.) [Subject to national legislation, ] Each Party shall ensure that any person who considers that his/her request for information under article 3 has been ignored, wrongfully refused, whether in part or in full, inadequately answered, or otherwise not dealt with in accordance with the provisions of that article, has access to a review procedure before a court of law or another independent and impartial body established by law.

OPTION I

[This provision shall not exclude the possibility of a review procedure before an administrative authority [provided that such procedure is without prejudice to the right of the public to direct recourse to judicial review procedures at any moment] [and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law].]

OPTION II

[Each Party shall ensure that such a person also has access to a procedure for reconsideration by the same public authority, where the administrative law of that Party so provides, or to a preliminary review by an impartial body other than a court of law.]

The review procedure or procedures shall provide adequate and effective remedies and be fair, open, transparent, equitable, [timely] and not prohibitively expensive. The [final] decision shall be given or recorded in writing, reasoned and binding on the public authority holding the requested information.

(2.) [Subject to national legislation,] Each Party shall ensure that the members of the public who have the right to participate in a decision-making procedure in accordance with article 5 [and other relevant provisions of this Convention] [and whose [individual] rights have been impaired] have access to a review procedure before a court of law and/or another independent and impartial body established by law to challenge [the substantive and procedural legality of ] any decision, act or omission subject to the provisions of article 5 [and other relevant provisions of this Convention].

This provision shall not exclude the possibility of a review procedure before an administrative authority [provided that such procedure is without prejudice to the right of the public to direct recourse to judicial review procedures at any moment] [and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law].

The review procedure or procedures shall provide adequate and effective remedies, including [temporary and final] injunctive relief as appropriate, and be fair, open, transparent, equitable, timely and not prohibitively expensive.

OPTION I

(3.) [In addition and without prejudice to the review procedures referred to in paragraph 1 and 2 above, each Party shall ensure that, where they meet the criteria laid down in its national law, individuals and/or organizations have access to administrative or judicial procedures to challenge acts or omissions by private persons or public authorities which contravene provisions of its national environmental law. These procedures shall provide adequate and effective remedies including [temporary and final] injunctive relief as appropriate, and be fair, open, transparent, equitable, timely and not prohibitively expensive.]

OPTION II

(3.) [The public shall have access to administrative and judicial procedures to challenge acts or omissions by public authorities which contravene the provisions of this Convention.]

(4.) Each Party shall ensure that information is provided to the public on access to administrative and judicial review and [should] [shall] encourage the provision of legal aid to the public in these procedures. [In order to further the effectiveness of the access to justice provisions contained in this article, each Party shall ensure that its courts may remove or reduce the financial barriers to individuals and NGOs exercising the right of access to justice and seeking injunctive relief.]

(5.) The public shall have access to administrative and judicial procedures within the scope of this article without distinction as to citizenship, nationality or domicile.

Article 10

MEETING OF PARTIES

1. The first meeting of the Parties shall be convened no later than one year after the date of the entry into force of this Convention. Thereafter, an ordinary meeting of the Parties shall be held at least once every year, unless otherwise decided by the Parties, or at the written request of any Party, provided that, within six months of the request being communicated to all Parties by the Executive Secretary of the Economic Commission for Europe, the said request is supported by at least one third of the Parties.

2. At their meetings, the Parties shall keep under continuous review the implementation of this Convention [on the basis of regular reporting by the Parties], and, with this purpose in mind, shall:

(a) Review the policies for and legal and methodological approaches to access to environmental information, public participation in environmental decision-making and access to justice with a view to further improving these issues;

(b) Exchange information regarding experience gained in concluding and implementing bilateral and multilateral agreements or other arrangements having relevance to the purposes of this Convention and to which one or more of the Parties are party;

(c) Seek, where appropriate, the services of relevant ECE bodies as well as other competent international bodies and specific committees in all aspects pertinent to the achievement of the purposes of this Convention;

(d) Establish any subsidiary bodies as it deems necessary;

(e) Prepare, where appropriate, protocols to this Convention;

(f) Consider and adopt proposals for amendments to this Convention in accordance with the provisions of article 14;

(g) Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention.

(h) At their first meeting, consider and by consensus adopt rules of procedure for their meetings and the meetings of subsidiary bodies;

[(i) At their first meeting, start the preparation of a protocol to this Convention in order to establish national pollutant release and transfer registers. Such registers could contain information to be:

(i) Maintained through periodic reporting, on a mandatory basis, of releases and transfers from a specified range of activities to air, water, land, off-site treatment and disposal and the product stream of a specified range of chemicals; and

(ii) Compiled through a standardized reporting form that serves as a basis for a structured computer database to aggregate data by chemical, region, sector, company and facility.]

3. [The Meeting of the Parties may establish financial rules governing the funding of activities under the Convention that it decides upon but that are not covered by the ECE secretariat as well as adopt a budget to this effect to be administered by the secretariat. Each Party shall contribute to such a budget according to a scale agreed upon by the Meeting of the Parties.]

OPTION I

4. Any non-governmental body or agency that has experience or other qualifications in fields relating to the subject matter of this Convention and that wishes to participate in a meeting of the Parties may inform the Executive Secretary of the Economic Commission for Europe of its wish to participate three months before that meeting. Any body or agency that gives such notice may participate at the meeting of the Parties under the rules of procedure, which may provide:

(a) For conditions subject to which such non-governmental bodies or agencies may be admitted to meetings of the Parties;

(b) That [one third] [three quarters] of the Parties [present and voting at the meeting] may enter a reasoned objection to the participation of a non-governmental body or agency, in which case that body or agency shall not be admitted; and

(c) The terms on which non-governmental bodies or agencies may exercise the right to participate, provided that such bodies or agencies are not given the right to vote at meetings.

OPTION II

4. Any non-governmental body or agency promoting the objectives of environmental protection and with experience in the subject matter of the Convention may notify the Executive Secretary of the Economir Commission for Europe at least three months before any meeting of the Parties, of its wish to be represented at that meeting. The Executive Secretary shall inform the Parties of such notifications.

5. Such a body or agency shall be admitted to, and have the rights to be admitted and to participate fully (without voting rights) at such a meeting, subject only to paragraph 6 below.

6. Without prejudice to the rights in paragraph 5 above, the rules of procedure may provide, inter alia, for such restrictions as are necessary for practical reasons on the number of such bodies or agencies that may be so admitted.

OPTION III

4. Any non-governmental body or agency that is primarily active in the field of environmental protection may inform the Executive Secretary of the Economic Commission for Europe of its wish to participate as an observer in the Meeting of the Parties. This body or agency shall be admitted to that meeting unless at least [one third] [three quarters] of the Parties object.

5. The rules of procedure will provide for practical arrangements for the admittance procedure and for the terms of the participation of such a body or agency.

Article 11

RIGHT TO VOTE

1. Except as provided for in paragraph 2 of this article, each Party to this Convention 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 to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa.

Article 12

SECRETARIAT

The Executive Secretary of the Economic Commission for Europe shall carry out the following secretariat functions:

(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 Convention;

(c) Such other functions as may be determined by the Parties.

Article 13

[ANNEXES]

[Annexes to this Convention shall constitute an integral part hereof.]

Article 14

AMENDMENTS TO THE CONVENTION

1. Any Party may propose amendments to this Convention.

2. The text of any proposed amendment to this Convention shall be submitted in writing to the Executive Secretary of the Economic Commission for Europe, who shall communicate it to all Parties at least ninety days before the meeting of the Parties at which it is proposed for adoption.

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 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.

Article 14 bis

OPTION I

IMPLEMENTATION AND COMPLIANCE

1. The Parties shall, at their first meeting, establish a procedure and institutional mechanism in respect of compliance with the provisions of this Convention. In so doing, the Parties may provide for a non-compliance committee, [and shall seek to achieve, inter alia, the following objectives:

(a) The provision of appropriate assistance for implementation of the Convention by Parties having difficulties in fulfilling their obligations;

(b) The satisfactory resolution of specific problems arising with respect to the implementation of the Convention;

(c) The monitoring of the chosen means of resolution; and

(d) The treatment of Parties found to be in non-compliance.]

2. The procedure and institutional mechanism shall:

(a) Allow for [and promote] public participation [including, for example, in reporting and complaints];

(b) Allow for [decisions,] recommendations and resolutions to be made, inter alia, with respect to Parties not in compliance with the Convention;

[(c) Provide for the submission of reports consisting of:

(i) Measures taken to implement the Convention; and

(ii) Suggestions for improvements, if any, in access to information, participation and justice.]

3. The procedure and institutional mechanism shall be simple, open, transparent [, independent] and non-confrontational. [It shall be without prejudice to the provisions set out in article l5].

OPTION II

NON COMPLIANCE

[The Parties, at their first meeting, shall establish a procedure and institutional mechanism for determining non-compliance with the provisions of this Convention and for the treatment of Parties found to be in non-compliance. In so doing the Parties may provide for a non-compliance committee. The procedure and institutional mechanism shall allow for public participation.]

Article 15

SETTLEMENT OF DISPUTES

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 means of dispute settlement acceptable to the parties to the dispute.

2. When signing, ratifying, accepting, approving or acceding to this Convention, 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 or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation:

(a) Submission of the dispute to the International Court of Justice;

(b) Arbitration in accordance with the procedure set out in annex V.

3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2 of this article, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise.

[Note: A question was raised on whether this article was needed.]

Article 16

SIGNATURE

This Convention shall be open for signature at ...... (Denmark) from ... to ... inclusive, and thereafter at United Nations Headquarters in New York until..... , by States members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant to paragraphs 8 and 11 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 to which their member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of these matters.

Article 17

DEPOSITARY

The Secretary-General of the United Nations shall act as the Depositary of this Convention.

Article 18

RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. This Convention shall be subject to ratification, acceptance or approval by signatory States and regional economic integration organizations.

2. This Convention shall be open for accession by the States and organizations referred to in article 16.

3. Any other State, not referred to in paragraph 2, that is a Member of the United Nations may accede to the Convention upon approval by the Meeting of the Parties.

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. 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 substantial modification to the extent of their competence.

Article 19

ENTRY INTO FORCE

1. This Convention 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 16 which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Convention 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 20

WITHDRAWAL

At any time after [three] years from the date on which this Convention has come into force with respect to a Party, that Party may withdraw from the Convention 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 21

AUTHENTIC TEXTS

The original of this Convention, of which the English, French 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 Convention.

DONE at ....... (Denmark), this ..... day of ...., one thousand nine hundred and ninety-....

Annex I

LIST OF ACTIVITIES REFERRED TO IN ARTICLE 5, PARAGRAPH 1

[1. Energy industry:

- Mineral oil and gas refineries;

- Installations for gasification and liquefaction;

- Thermal power stations and other combustion installations with a heat output of 50 megawatts or more;

- Coke ovens;

- Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors 1/ (except research installations for the production and conversion of fissionable and fertile materials whose maximum power does not exceed 1 kW continuous thermal load);

- Installations for the reprocessing of irradiated nuclear fuel;

- Installations designed:

- For the production or enrichment of nuclear fuel;

- For the processing of irradiated nuclear fuel or high-level radioactive waste;

- For the final disposal of irradiated nuclear fuel;

- Solely for the final disposal of radioactive waste;

- Solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

2. Production and processing of metals:

- Metal ore (including sulphide ore) roasting or sintering installations;

- Installations for the production of pig-iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tons per hour;

- Installations for the processing of ferrous metals:

(i) Hot-rolling mills with a capacity exceeding 20 tons of crude steel per hour;

(ii) Smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW;

(iii) Application of protective fused metal coats with an input exceeding

2 tons of crude steel per hour;

- Ferrous metal foundries with a production capacity exceeding 20 tons per day;

- Installations:

(i) For the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;

(ii) For the smelting, including the alloyage, of non-ferrous metals, including recovered products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tons per day for lead and cadmium or 20 tons per day for all other metals;

- Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3.

3. Mineral industry:

- Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tons per day or lime in rotary kilns with a production capacity exceeding 50 tons per day or in other furnaces with a production capacity exceeding 50 tons per day;

- Installations for the production of asbestos and the manufacture of asbestos-based products;

- Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tons per day;

- Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tons per day;

- Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tons per day, and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3.

4. Chemical industry: Production within the meaning of the categories of activities contained in this paragraph means the production on an industrial scale by chemical processing of substances or groups of substances listed in subparagraphs (a) to (f):

(a) Chemical installations for the production of basic organic chemicals, such as:

(i) Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii) Oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins;

(iii) Sulphurous hydrocarbons;

(iv) Nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanides;

(v) Phosphorus-containing hydrocarbons;

(vi) Hologynic hydrocarbons;

(vii) Organometallic compounds;

(viii) Basic plastic materials (polymers synthetic fibres and cellulose-based fibres);

(ix) Synthetic rubbers;

(x) Dyes and pigments;

(xi) Surface-active agents and surfactants;

(b) Chemical installations for the production of basic inorganic chemicals, such as:

(i) Gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride;

(ii) Acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;

(iii) Bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;

(iv) Salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;

(v) Non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide;

(c) Chemical installations for the production of phosphorous-, nitrogen-or potassium-based fertilizers (simple or compound fertilizers);

(d) Chemical installations for the production of basic plant health products and of biocides;

(e) Installations using a chemical or biological process for the production of basic pharmaceutical products;

(f) Chemical installations for the production of explosives.

5. Waste management:

- Installations for the incineration, recovery, chemical treatment or landfill of hazardous waste;

- Installations for the incineration of municipal waste with a capacity exceeding 3 tons per hour;

- Installations for the disposal of non-hazardous waste with a capacity exceeding 50 tons per day;

- Landfills receiving more than 10 tons per day or with a total capacity exceeding 25 000 tons, excluding landfills of inert waste.

6. Waste-water treatment plants with a capacity exceeding 150 000 population equivalent.

7. Industrial plants for the:

(a) Production of pulp from timber or similar fibrous materials;

(b) Production of paper and board with a production capacity exceeding 20 tons per day.

8. (a) Construction of lines for long-distance railway traffic and of airports 2/ with a basic runway length of 2 100 m or more;

(b) Construction of motorways and express roads; 3/

(c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 km or more in a continuous length.

9. (a) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1 350 tons;

(b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1 350 tons.

10. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

11. (a) Works for the transfer of water resources between river basins where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year;

(b) In all other cases, works for the transfer of water resources between river basins where the multiannual average flow of the basin of abstraction exceeds 2 000 million cubic metres/year and where the amount of water transferred exceeds 5% of this flow.

In both cases transfers of piped drinking water are excluded.

12. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tons/day in the case of petroleum and 500 000 cubic metres/day in the case of gas.

13. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

14. Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 mm and a length of more than 40 km.

15. Installations for the intensive rearing of poultry or pigs with more than:

(a) 40 000 places for poultry;

(b) 2 000 places for production pigs (over 30 kg); or

(c) 750 places for sows.

16. Quarries and opencast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares.

17. Construction of overhead electrical power lines with a voltage of 25 kV or more and a length of more than 15 km.

18. Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200 000 tons or more.

19. Other activities:

Plants for the pre-treatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tons per day;

Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tons of finished products per day;

(a) Slaughterhouses with a carcass production capacity greater than 50 tons per day;

(b) Treatment and processing intended for the production of food products from:

(i) Animal raw materials (other than milk) with a finished product production capacity greater than 75 tons per day;

(ii) Vegetable raw materials with a finished product production capacity greater than 300 tons per day (average value on a quarterly basis);

(c) Treatment and processing of milk, the quantity of milk received being greater than 200 tons per day (average value on an annual basis);

- Installations for the disposal or recycling of animal carcasses and animal waste with a treatment capacity exceeding 10 tons per day;

- Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tons per year;

- Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization.

20. Any of the above projects undertaken exclusively or mainly for the development and testing of new methods or products and not for more than two years.]

Notes

1/ Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site.

2/ For the purposes of this Convention, "airport" means airports which comply with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organization (Annex 14).

3/ For the purposes of this Convention, "express road" means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975.

Annex II

[INFORMATION REFERRED TO IN ARTICLE 5, PARAGRAPH 5]

[1. Description of the project, including in particular:

- A description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases;

- A description of the main characteristics of the production processes, for instance, the nature and quantity of materials used;

- An estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

2. An outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.

3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the interrelationship between the above factors.

4. A description of the likely significant effects of the proposed project on the environment resulting from:

- The existence of the project; - The use of natural resources; - The emission of pollutants, the creation of nuisances and the elimination of waste.

A description by the developer of the forecasting methods used to assess the effects on the environment.

5. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment.

6. A non-technical summary of the information provided under the above headings.

7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.]

Annex III

[PUBLIC PARTICIPATION METHODS REFERRED TO IN ARTICLE 5, PARAGRAPH 6]

[A. Written comments

(1) The public has an opportunity to provide written comments on all environmental decisions and any documents prepared in anticipation of any decision-making, including but not limited to draft environmental impact assessments, draft environmental policies, legislation or regulations;

(2) Proper notification in accordance with article 5, paragraph 3, is provided;

(3) Written comments can be submitted in any language of the locally affected communities and in the language of significant minorities;

(4) All written comments are reviewed before the decision is made;

(5) All written comments received from the public are reviewed and taken into account in all environmental decision-making;

(6) All received written comments are made available to the public; and

(7) The final decision is provided in writing and is accompanied by a justification in the light of the comments received.

B. Public hearings and information briefings

(1) The public especially in the affected area has an opportunity to attend oral hearings regarding the environmental impacts of any decision;

(2) Proper notification in accordance with article 5, paragraph 3, is provided and relevant environmental information is made available prior to the public hearings;

(3) The oral hearings are held in the primary language of the public in the affected area and in the language of any significant minorities;

(4) Informed officials attend all public hearings and information briefings; and

(5) Oral comments made at public hearings are transcribed, reviewed and taken into account in all environmental decisions.

C. Informal consultations

Informal consultations should be open equally to all types of stakeholders, should be conducted transparently, and should be held regularly throughout the decision-making process.

D. Advisory committees

Advisory committees or similar mechanisms will receive continuing advice from members of the public in appropriate circumstances. Any meetings of such advisory committees or other similar mechanisms are open to the public.

E. Direct participation in decisions

Decision-making councils, supervisory boards or similar mechanisms will allow members of the public to join in making environmental decisions, particularly at the local level. Any meetings of such councils, boards or similar mechanisms are open to the public.

F. Citizens' petitions, initiatives and referendums

Fair and transparent procedures for the public to petition the responsible government authority, including the parliament, to take specific measures to protect the environment. The responsible government authority has to respond to a petition. Where appropriate and particularly at the local level, fair and transparent procedures for the public to pass citizens' initiatives and referendums that have the force of law.]

Annex IV

[INFORMATION REFERRED TO IN ARTICLE 5, PARAGRAPH 9]

[Information on the following matters:

- The installation and its activities;

- The raw and auxiliary materials, other substances and the energy used in or generated by the installation;

- The sources of emissions from the installation;

- The conditions of the site of the installation;

- The nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment;

- The proposed technology and other techniques for preventing or, where this not possible, reducing emissions from the installation;

- Where necessary, measures for the prevention and recovery of waste generated by the installation;

- Further measures planned to comply with the general principles of the basic obligations of the operator as provided for in article 3;

- Measures planned to monitor emissions into the environment.]

Annex V

[ARBITRATION]

[1. In the event of a dispute being submitted for arbitration pursuant to article 15, paragraph 2, of this Convention, a party or parties shall notify the secretariat of the subject matter of arbitration and indicate, in particular, the articles of this Convention whose interpretation or application is at issue. The secretariat shall forward the information received to all Parties to this Convention.

2. The arbitral tribunal shall consist of three members. Both the claimant party or parties and the other party or parties to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the president of the arbitral tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity.

3. If the president of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party to the dispute, designate the president within a further two-month period.

4. If one of the parties to the dispute does not appoint an arbitrator within two months of the receipt of the request, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who shall designate the president of the arbitral tribunal within a further two-month period. Upon designation, the president of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. If it fails to do so within that period, the president shall so inform the Executive Secretary of the Economic Commission for Europe, who shall make this appointment within a further two-month period.

5. The arbitral tribunal shall render its decision in accordance with international law and the provisions of this Convention.

6. Any arbitral tribunal constituted under the provisions set out in this annex shall draw up its own rules of procedure.

7. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its members.

8. The tribunal may take all appropriate measures to establish the facts.

9. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall:

(a) Provide it with all relevant documents, facilities and information; (b) Enable it, where necessary, to call witnesses or experts and receive their evidence.

10. The parties and the arbitrators shall protect the confidentiality of any information that they receive in confidence during the proceedings of the arbitral tribunal.

11. The arbitral tribunal may, at the request of one of the parties, recommend interim measures of protection.

12. If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to render its final decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.

13. The arbitral tribunal may hear and determine counter-claims arising directly out of the subject matter of the dispute.

14. Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties.

15. Any Party to this Convention which has an interest of a legal nature in the subject matter of the dispute, and which may be affected by a decision in the case, may intervene in the proceedings with the consent of the tribunal.

16. The arbitral tribunal shall render its award within five months of the date on which it is established, unless it finds it necessary to extend the time limit for a period which should not exceed five months.

17. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon all parties to the dispute. The award will be transmitted by the arbitral tribunal to the parties to the dispute and to the secretariat. The secretariat will forward the information received to all Parties to this Convention.

18. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another tribunal constituted for this purpose in the same manner as the first.]

END