Convention on the Protection and Use of Transboundary Watercourses and International Lakes

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Convention on the Protection and Use of Transboundary Watercourses and International Lakes
Short title: Water convention
Title (engl.): Convention on the Protection and Use of Transboundary Watercourses and International Lakes
Date: March 17, 1992 (adoption)
Come into effect: October 6, 1996
Reference: Water convention
Contract type: Multilateral
Legal matter: environmental Protection
Signing: March 18, 1992 (Germany)
Ratification : January 30, 1995 (Germany)
Please note the note on the applicable contract version .

The Convention on the Protection and Use of Transboundary Watercourses and International Lakes ( English Convention on the Protection and Use of Transboundary Watercourses and International Lakes ), and water convention called, is a Völkerrechtlicher contract , which on 17 March 1992 by the United Nations Economic Commission for Europe (UNECE) was adopted in Helsinki and came into force on October 6, 1996.

The convention serves as a mechanism for international cooperation between the contracting states with regard to transboundary surface and underground waters within the scope of the UNECE and, since February 2013, also in all other UN member states that ratify the agreement. The agreement regulates the measures for an ecologically compatible use of water bodies and their protection at national level.

It is not to be confused with the UN Water Convention ( English Convention on the Law of the Non-Navigational Uses of International Watercourses ), which was adopted in 1997 and considerate cooperation of States bordering on the same watercourse, governs.

About the convention

The Water Convention obliges its members to prevent cross-border pollution of water bodies, to control this pollution and at the same time to reduce it. Said waters should be used to an adequate extent and in a sensible way in order to guarantee sustainable management. This also includes the renaturation of ecosystems . States party to the convention that border the same body of water ( riparian parties ) are encouraged to cooperate in signing bilateral agreements and to set up their own transnational commissions ( joint bodies ). The agreement sees itself as a platform for the formation of these cooperations for the creation of programs and strategies for water protection. Such international commissions exist, for example, to protect the Rhine or the Danube .

The convention is based on the knowledge that cross-national cooperation to protect cross-border watercourses and international lakes is essential in order to guarantee the ecological integrity of these. The main focus here is on the prevention, control and reduction of eutrophication and acidification , the entry of dangerous substances and general pollutants in freshwater and marine areas near the coast. Both the precautionary principle and the polluter pays principle apply .

In the Water Convention, contracting states undertake to develop and apply measures of a legal, administrative, economic, financial and technical nature for the goals mentioned above. The best possible technology should always be used, which focuses on low-waste and waste-free technologies. In addition to preventive environmental impact assessments (EIA), control mechanisms should regulate the deliberate introduction of nutrients and pollutants and generally reduce the diffuse input of nutrients. Emission limit values as well as clear goals and criteria with regard to water quality should be established. In addition, the monitoring of water bodies, the cross-border exchange of information and public access to this information are among the agreed measures. Another point is the cooperation on a scientific level and the installation of warning systems.

Contracting States

The Conference of the Parties takes place every three years at a different location. Started as a regional agreement, it was decided in 2003 to make the water convention accessible to all other members of the United Nations. The associated decision III / 1 was enshrined in the Convention on November 28, 2003 by amending Articles 25 and 26 and entered into force in February 2013. It is expected that by the end of 2015 the first nations outside the UNECE will be able to join the agreement. At the moment 40 states belong to the convention.

Implementation in Germany

The Federal Republic of Germany signed the Water Convention on March 18, 1992 and ratified it on January 30, 1995. As the "Convention for the Protection of Transboundary Watercourses and Lakes", it has been in force since October 6, 1996. The Water Convention is anchored in law in the “Act on the Convention of March 17, 1992 for the Protection and Use of Transboundary Watercourses and International Lakes” (abbreviated to WassLÜbkG). The amendment to the convention was approved in 2012. The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety is in charge here .

Logs

So far, two protocols to the Water Convention have been adopted.

Protocol on Water and Health

The Protocol on Water and Health ( english Protocol on Water and Health ) introduced a social dimension in international cooperation in water management which social and economic development with the protection of littoral , fluvial and lacustrine associated ecosystems, but also the supply and Disposal problem addressed. It was decided on June 17, 1999 in London under the Water Convention and came into force on August 4, 2005. As the first binding international protocol with a special focus on drinking water supply and wastewater disposal, its aim is to protect human health and to prevent, control and contain diseases caused by contaminated water. National and local quality as well as supply and disposal standards should avoid this.

So far (as of April 2015) 26 nations have adopted and ratified the protocol. The protocol was ratified by the Federal Republic of Germany on January 15, 2007.

Civil Liability Protocol

The Protocol on Civil Liability ( English Protocol on Civil Liability ) was born on 21 May 2003 in Kiev in both the Water Convention and in the Convention on the Transboundary Effects of Industrial Accidents ( English Convention on the Transboundary Effects of Industrial Accidents added). It grants victims of industrial accidents at plant and pipelines the right to appropriate and quick compensation and thus places those who caused the accidents a greater responsibility. It is important that it applies across borders - even if the polluter is located in another country, he must pay for the damage that the accident caused in the neighboring country, for example. In addition to the clear regulation of the procedure after an accident, the protocol is also intended to provide an incentive for companies not to allow the accidents to happen in the first place, as they have to pay for the follow-up costs. The protocol covers, for example, property damage, loss of income or repair costs.

The protocol has so far (as of April 2015) only been ratified by Hungary and will come into force as soon as it has been adopted by 16 nations.

literature

Web links

  • UNECE press releases Note: Water convention can be selected under “Environment”> “Water Convention”

Individual evidence

  1. ↑ a b c Law amending the Convention of March 17, 1992 for the Protection and Use of Transboundary Watercourses and International Lakes ( Federal Law Gazette II p. 666 )
  2. ^ United Nations Economic Commission for Europe : Guide to Implementing the Water Convention . Geneva 2013. Retrieved April 15, 2015.
  3. ↑ BMUB : UN Waters Convention comes into force . Press release from August 15, 2014. Retrieved April 15, 2015.
  4. ↑ a b c d e f g h i United Nations Economic Commission for Europe : Convention on the Protection and Use of Transboundary Watercourses and International Lakes . Helsinki 1992. Retrieved March 18, 2015
  5. ↑ a b Federal Agency for Nature Conservation : International Conventions, Programs and Organizations in Nature Conservation - an overview Bonn 1998, p. 31. Accessed on March 18, 2015.
  6. ↑ Austrian Federal Ministry for Agriculture, Forestry, Environment and Water Management : UNECE Convention on the Protection and Use of Cross-Border Watercourses . Press release of October 8, 2014. Accessed March 18, 2015.
  7. ^ United Nations Economic Commission for Europe : Meeting of the Parties . Retrieved April 15, 2015.
  8. ↑ United Nations : International Annual UN-Water Zaragoza Conference 2012/2013. Preparing for the 2013 International Year. Water Cooperation: Making it Happen! 8-10 January 2013 . Retrieved April 15, 2015.
  9. ^ United Nations Economic Commission for Europe : The Water Convention . Retrieved April 15, 2015.
  10. ^ United Nations Economic Commission for Europe : Montenegro becomes the fortieth Party to the UNECE Water Convention. Press release of July 4th, 2014.
  11. ^ United Nations : 5th Convention on the Protection and Use of Transboundary Watercourses and International Lakes . in: UN Treaty collection, UNTC , accessed on April 15, 2015.
  12. ↑ Federal Ministry of Justice and Consumer Protection : Announcement on the entry into force of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes . Federal Law Gazette 1996 Part II page 2760. Accessed April 15, 2015.
  13. ↑ Act on the Convention of March 17, 1992 for the Protection and Use of Transboundary Watercourses and International Lakes . In: Juris - The legal portal. Retrieved April 15, 2015.
  14. ^ United Nations Economic Commission for Europe and World Health Organization Regional Office for Europe: Protocol on Water and Health . Geneva 2009. Retrieved April 15, 2015.
  15. ^ United Nations Economic Commission for Europe : Protocol on Water and Health . Retrieved April 15, 2015.
  16. ↑ United Nations: 5.a Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes . United Nations Treaty Collection 2015. Retrieved April 15, 2015.
  17. ^ A b United Nations Economic Commission for Europe : Protocol on Civil Liability . Retrieved April 15, 2015.
  18. ↑ United Nations : 16. Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the Transboundary Effects of Industrial Accidents United Nations Treaty Collection 2015. Retrieved April 15, 2015.