Subregional workshop on the implementation of the Convention on the Transboundary Effects of Industr

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• Subregional workshop on the implementation
  of the Convention on the Transboundary
  Effects of Industrial Accidents
• Erevan, Armenia 13-15 March 2003
• Sergiusz Ludwiczak
• United Nations Economic Commission for Europe

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• Focus of my presentation
• KEY OBLIGATIONS UNDER THE UNECE CONVENTION ON THE
  TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS
  (Industrial
  Accidents Convention)
• also
• Status of ratification of the Convention
• Other UNECE Multilateral Environmental Agreements

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ECE CONVENTIONS TOOLSFOR TRANSBOUNDARY
COOPERATION
What is the UNECE?

• It is one of the five Regional Commissions of the
  United Nations
• Its main task integration of the countries of
  the region, and in particular the integration of
  the countries with economies in transition into
  the European economy
• Its membership - 55 member countries
  (Europe, North America and Central Asia)

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ECE CONVENTIONS TOOLSFOR TRANSBOUNDARY
COOPERATION
Multilateral Environmental Agreements Significant
achievements within the framework of the UNECE
(seventeen legally binding instruments)

• Five Conventions all in force
• Nine Protocols five in force
• Three new legally binding instruments
  ready for adoption in Kiev in 2003

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ECE CONVENTIONS TOOLSFOR TRANSBOUNDARY
COOPERATION
Conventions

• 1979 Long-range Transboundary Air Pollution
• 1991 Environmental Impact Assessment in a
  Transboundary Context
• 1992 Protection and Use of Transboundary
  Watercourses and International Lakes
• 1992 Transboundary Effects of Industrial
  Accidents
• 1998 Access to Information, Public Participation
  in Decision-making and Access to Justice in
  Environmental Matters

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• UNECE CONVENTION ON THE TRANSBOUNDARY EFFECTS OF
  INDUSTRIAL ACCIDENTS

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• The Convention aims to
• Protect human beings and the environment against
  major industrial accidents by preventing such
  accidents as far as possible, by reducing their
  frequency and severity and by mitigating their
  effects
• Promote cooperation between member countries of
  the UNECE region, not only between governments at
  the national level but in particular between
  local authorities and communities on both sides
  of a border

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS
This complex instrument applies to the
Prevention
Industrial accidents
Civil liability
Preparedness
Response
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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS
The effectiveness of the Convention depends on

• The number of countries that are Parties to it
  and
• The extent it is implemented and applied in
  practice

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• Is the current ratification status satisfactory?
• No, it is not a major concern
• Although the number of ratifications is
  increasing, the pace of extending the
  geographical scope of the Convention is too slow

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS
Parties to the Convention

• NORWAY
• REPUBLIC OF MOLDOVA
• ALBANIA
• RUSSIAN FEDERATION
• HUNGARY
• LUXEMBOURG
• BULGARIA
• ARMENIA
• SPAIN
• GREECE
• EUROPEAN COMMUNITY
• GERMANY
• SWITZERLAND

• AUSTRIA
• FINLAND
• SWEDEN
• CROATIA
• ESTONIA
• CZECH REPUBLIC
• LITHUANIA
• KAZAKHSTAN
• DENMARK
• MONACO
• SLOVENIA
• ITALY
• UNITED KINGDOM

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS
The Caucasian and Central Asian UNECE member
countries

• ARMENIA
• Azerbaijan
• Georgia
• KAZAKHSTAN
• Kyrgyzstan
• Tajikistan
• Turkmenistan
• Uzbekistan

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• Is there any progress in applying the Convention
  in practice since its entry into force?
• YES, significant progress has been achieved

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• On the basis of the first Report on the
  Implementation of the Convention, prepared by the
  Working Group on Implementation for the second
  meeting of the Conference of the Parties
• Most of the Parties met their reporting
  obligation. Only two other UNECE member countries
  submitted reports on a voluntary basis

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• Findings
• A good number of Parties and other UNECE member
  countries are well advanced in fulfilling their
  tasks at the national level
• Cross-boarder cooperation is being undertaken or
  developed between countries of the region (The
  Polish-Russian transboundary response exercise is
  a good example)
• The CoP took important decisions to facilitate
  the cooperation between Parties and to ensure a
  basis for a common approach

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• However, not all the tasks have so far been
  implemented and not by all Parties
• The CoP considered how to strengthen the
  Conventions implementation and adopted a special
  decision
• A programme for some of the CITs is envisaged to
  assist them in ratifying and implementing the
  Convention
• Subregional workshop essential element

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• The Convention
• Promotes bilateral transboundary cooperation an
  essential feature
• Sets the bilateral obligations and the legal
  framework for such cooperation
• Comprises a set of obligations
• At the national level - prerequisites
• At the intergovernmental level - facilitation

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Designation of Competent Authorities
• Bilateral task Inform other Parties of the
  designated competent authorities
• National task Designate or establish competent
  authorities responsible for the Conventions
  implementation

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Competent Authorities
• Most Parties designated their competent
  authorities
• Depending on the country there is one or more
  authorities
• Good coordination at the country level is a
  condition for efficient transboundary cooperation
• In some cases, the efficient flow of information
  and coordination seems to be a problem

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Identification and notification of hazardous
  activities
• (This a difficult task but a crucial step to make
  the Convention work)
• Bilateral task Notify (discuss) neighbouring
  country(ies)
• National task Identify hazardous activities
  according to
• annex I to the Convention (substance and quantity
  criteria) similar to Annex I of the Seveso II
  Directive
• Intergovernmental task Ensure a common approach
• The CoP agreed on the following location criteria

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS
Identification of hazardous activities
Activities within 15 km from the border
Activities further away but alongor within a
catchment area of a transboundary or border river
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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Prevention of industrial accidents
• Bilateral task Share experience and assist other
  countries in introducing preventive measures
• National task Take appropriate measures and
  require operators to demonstrate the safe
  performance of hazardous activities
• Intergovernmental task Draw up and disseminate
  best practices/guidelines on prevention of
  industrial accidents, including accidental water
  pollution
• Joint work with the Water Convention and
  International River Commissions

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS
Emergency preparedness and response
Bilateral task Provide information on on-site
contingency plans and make off-site plans
compatible/joint plans
National task Establish and maintain adequate
preparedness and response measures, including
on-site and off-site contingency plans
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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Emergency preparedness and response
• Intergovernmental task Provide a forum to share
  experience on establishing and implementing
  preparedness and response measures and promote
  transboundary training and exercises
• Three examples
• International Workshop and exercise on Industrial
  Safety and Water Protection in Transboundary
  River Basins (3-5 October 2001, Tiszaújváros,
  Hungary)
• Polish-Russian transboundary response exercise in
  Ketrzyn
• Czech-German transboundary response exercise

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Industrial accident notification
• Bilateral task Immediately notify the affected
  country(ies) in the event of a major industrial
  accident with transboundary effects (at national,
  regional and local levels)
• National tasks
• Establish and operate notification systems at the
  national and other (regional and local) levels
• Designate a national point of contact
  operational 24 hours a day

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Industrial Accidents Notification
• Intergovernmental task Ensure a common approach
• The CoP accepted the UNECE Industrial Accident
  Notification System as an early warning tool for
  notifying a major accident at national level
• The system comprises
• A network of national points of contact (36
  countries)
• Procedure and set of notification forms to be
  used
• Early warning report, Information report,
  Assistance request report

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS

• Past industrial accidents
• Bilateral task Share information with other
  Parties on past industrial accidents with
  transboundary effects
• National task Report on past industrial
  accidents
• Intergovernmental task Ensure a common approach
• The CoP decided to establish and operate the
  UNECE Past Industrial Accident Reporting System
  within the EU-MARS (Major Accident Reporting
  System) joint work with the EC Major Accident
  Hazards Bureau

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INDUSTRIAL ACCIDENTS CONVENTION KEY OBLIGATIONS
Other areas of bilateral cooperation include

• Mutual assistance in case of a major accident
• Within the UNECE Industrial Accident Notification
  System
• Scientific and technological cooperation,
  exchange of information
• Exchange information, experience and technology
  related to prevention, preparedness and response
  to industrial accidents
• Information to and participation of the public
• Inform the potentially affected public in the
  neighbouring country and provide opportunity to
  participate in relevant procedures - equal
  treatment

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INDUSTRIAL ACCIDENTS CONVENTION
Civil liability for transboundary damage caused
by transboundary effects of industrial
accidents A new challenge for the Parties to
both the Industrial Accidents and the Water
Conventions
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INDUSTRIAL ACCIDENTS CONVENTION
Civil liability for transboundary damage

• Accidental cyanide spill in Romania in early 2000
• Initiative of the Government of Switzerland to
  draw up a protocol on civil liability to the
  UNECE Industrial Accidents and Water Conventions
• Working Group on Legal and Administrative Aspects
  identifies shortcomings of existing international
  civil liability instruments in their report on
  Responsibility and liability in relation to
  accidental water pollution

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INDUSTRIAL ACCIDENTS CONVENTION
Civil liability for transboundary damage

• The Parties to the UNECE Conventions on
  Industrial Accidents and on Water, at a special
  joint session in July 2001, decided to launch an
  intergovernmental negotiation process to draw up
  a legally binding instrument for transboundary
  damage caused by hazardous activities within the
  framework of both Conventions
• Established an Intergovernmental Working Group on
  Civil Liability with a mandate to draw up the
  instrument

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INDUSTRIAL ACCIDENTS CONVENTION
Civil liability for transboundary damage

• The Working Group held seven meetings in
  2001-2003 under a very effective chairmanship of
  Ms. Livada (Greece)
• The negotiation process was successfully
  completed on 27 February 2003
• Wide participation of all stakeholders
  governments, industry, insurance sector and NGOs
• The draft Protocol is now ready for adoption at
  the Kiev Ministerial Conference Environment for
  Europe and will be open for signature by UNECE
  member countries

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INDUSTRIAL ACCIDENTS CONVENTION

• The scope of application of the Protocol is
  limited to damage caused by transboundary effects
  of industrial accidents on transboundary waters
  (interface approach)

Water
Industrial accidents
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INDUSTRIAL ACCIDENTS CONVENTION
Conference of the Parties

• Constituted as the Conventions governing body
  at its first meeting in Brussels in
  November 2000
• Held its second meeting in Chisinau on 6-8
  November 2002
• Its third meeting is scheduled for 2004 in
  Budapest

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INDUSTRIAL ACCIDENTS CONVENTION
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INDUSTRIAL ACCIDENTS CONVENTION

• Bureau of the Conference of the Parties
• Chairperson Mr. Ernst Berger (Switzerland)
• Vice-Chairpersons Mr. Jürgen Wettig (European
  Commission)
• Mr. Pal Popelyak (Hungary)
• Members (Parties) Mr. Ludwig Dinkloh (Germany)
• Mr. Pietro La Grotta (Italy)
• Mr. Evgeny Gorshkov (Russian Federation)
• Mr. Ulf Bjurman (Sweden)
• (non-Parties) Mr. Tomas Trcka (Slovakia)

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INDUSTRIAL ACCIDENTS CONVENTION

• Future meetings under the Convention
• Second joint special session of the governing
  bodies of the Industrial Accidents and Water
  Conventions within the framework of the Kiev
  Ministerial Conference Environment for Europe
  adoption of the
• Civil Liability Protocol
• 21 May 2003 (Kiev, Ukraine)
• Second meeting of the Working Group on
  Implementation
• Second half of 2003
• Consultation of the points of contact within the
  UNECE Industrial Accident Notification System
• 10-11 November 2003 (Bratislava, Slovakia)

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CONVENTION ON THE TRANSBOUNDARYEFFECTS OF
INDUSTRIAL ACCIDENTS

• I invite you to visit the Conventions Internet
  home page at the following address
• http//www.unece.org/env/teia/welcome.html
• Thank you