LegalizeDecreto n.º 22/94
TEXTO :
Decreto n.º 22/94
de 26 de Julho
Nos termos da alínea c) do n.º 1 do artigo 200.º da Constituição, o Governo decreta o seguinte:
Artigo único. É aprovada, para ratificação, a Convenção sobre a Protecção e a Utilização dos Cursos de Água Transfronteiriços e dos Lagos Internacionais, concluída em Helsínquia a 17 de Março de 1992 e assinada em Nova Iorque a 9 de Junho de 1992, cuja versão autêntica em língua inglesa e a respectiva tradução em língua portuguesa seguem em anexo ao presente decreto.
Visto e aprovado em Conselho de Ministros de 19 de Maio de 1994. - Aníbal António Cavaco Silva - José Manuel Durão Barroso - Maria Teresa Pinto Basto Gouveia.
Ratificado em 8 de Junho de 1994.
Publique-se.
O Presidente da República, MÁRIO SOARES.
Referendado em 11 de Junho de 1994.
O Primeiro-Ministro, Aníbal António Cavaco Silva.
CONVENTION ON THE PROTECTION AND USE OF TRANSBOUNDARY ATERCOURSES AND INTERNATIONAL LAKES
Preamble
The Parties to this Convention:
Mindful that the protection and use of transboundary watercourses and international lakes are important and urgent tasks, the effective accomplishment of which can only be ensured by enhanced cooperation;
Concerned over the existence and threats of adverse effects, in the short or long term, of changes in the conditions of transboundary watercourses and international lakes on the environment, economies and well-being of the member countries of the Economic Commission for Europe (ECE);
Emphasizing the need for strengthened national and international measures to prevent, control and reduce the release of hazardous substances into the aquatic environment and to abate eutrophication and acidification, as well as pollution of the marine environment, in particular coastal areas, from land-based sources;
Commending the efforts already undertaken by the ECE Governments to strengthen cooperation, on bilateral and multilateral levels, for the prevention, control and reduction of transboundary pollution, sustainable water management, conservation of water resources and environmental protection;
Recalling the pertinent provisions and principles of the Declaration of the Stockholm Conference on the Human Environment, the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Concluding Documents of the Madrid and Vienna Meetings of Representatives of the Participating States of the CSCE, and the Regional Strategy for Environmental Protection and Rational Use of Natural Resources in ECE Member Countries Covering the Period up to the Year 2000 and Beyond;
Conscious of the role of the United Nations Economic Commission for Europe in promoting international cooperation for the prevention control and reduction of transboundary water pollution and sustainable use of transboundary waters, and in this regard recalling the ECE Declaration of Policy on Prevention and Control of Water Pollution, Including Transboundary Pollution, the ECE Declaration of Policy on the Rational Use of Water, the ECE Principles Regarding Cooperation in the Field of Transboundary Waters, the ECE Charter on Groundwater Management and the Code of Conduct on Accidental Pollution of Transboundary Inland Waters;
Referring to Decisions I (42) and I (44) adopted by the Economic Commission for Europe at its forty-second and forty-fourth sessions, respectively, and the outcome of the CSCE Meeting on the Protection of the Environment (Sofia, Bulgaria, 16 October-3 November 1989);
Emphasizing that cooperation between member countries in regard to the protection and use of transboundary waters shall be implemented primarily through the elaboration of agreements between countries bordering the same waters, especially where no such agreements have yet been reached;
have agreed as follows:
Article 1
Definitions
For the purposes of this Convention:
1) "Transboundary waters" means any surface or ground waters which mark, cross or are located on boundaries between two or more States; wherever transboundary waters flow directly into the sea, these transboundary waters end at a straight line across their respective mouths between points on the low-water line of their banks;
2) "Transboundary impact" means any significant adverse effect on the environment resulting from a change in the conditions of transboundary waters caused by a human activity, the physical origin of which is situated wholly or in part within an area under the jurisdiction of a Party, within an area under the jurisdiction of another Party. Such effects on the environment include effects on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; they also include effects on the cultural heritage or socio-economic conditions resulting from alterations to those factors;
3) "Party" means, unless the text otherwise indicates, a Contracting Party to this Convention;
4) "Riparian Parties" means the Parties bordering the same transboundary waters;
5) "Joint body" means any bilateral or multilateral commission or other appropriate institutional arrangements for cooperation between the Riparian Parties;
6) "Hazardous substances" means substances which are toxic, carcinogenic, mutagenic, teratogenic or bio-accumulative, especially when they are persistent;
7) "Best available technology" (the definition is contained in annex I to this Convention).
PART I
Provisions relating to all Parties
Article 2
General provisions
1 - The Parties shall take all appropriate measures to prevent, control and reduce any transboundary impact.
2 - The Parties shall, in particular, take all appropriate measures:
To prevent, control and reduce pollution of waters causing or likely to cause transboundary impact;
To ensure that transboundary waters are used with the aim of ecologically sound and rational water management, conservation of water resources and environmental protection;
To ensure that transboundary waters are used in a reasonable and equitable way, taking into particular account their transboundary character, in the case of activities which cause or are likely to cause transboundary impact;
To ensure conservation and, where necessary, restoration of ecosystems.
3 - Measures for the prevention, control and reduction of water pollution shall be taken, where possible, at source.
4 - These measures shall not directly or indirectly result in a transfer of pollution to other parts of the environment.
5 - In taking the measures referred to in paragraphs 1 and 2 of this article, the Parties shall be guided by the following principles:
The precautionary principle, by virtue of which action to avoid the potential transboundary impact of the release of hazardous substances shall not be postponed on the ground that scientific research has not fully proved a causal link between those substances, on the one hand, and the potential transboundary impact, on the other hand;
The polluter-pays principle, by virtue of which costs of pollution prevention, control and reduction measures shall be borne by the polluter;
Water resources shall be managed so that the needs of the present generation are met without compromising the ability of future generations to meet their own needs.
6 - The Riparian Parties shall cooperate on the basis of equality and reciprocity, in particular through bilateral and multilateral agreements, in order to develop harmonized policies, programmes and strategies covering the relevant catchment areas, or parts thereof, aimed at the prevention, control and reduction of transboundary impact and aimed at the protection of the environment of transboundary waters or the environment influenced by such waters, including the marine environment.
7 - The application of this Convention shall not lead to the deterioration of environmental conditions nor lead to increased transboundary impact.
8 - The provisions of this Convention shall not affect the right of Parties individually or jointly to adopt and implement more stringent measures than those set down in this Convention.
Article 3
Prevention, control and reduction
1 - To prevent, control and reduce transboundary impact, the Parties shall develop, adopt, implement and, as far as possible, render compatible relevant legal, administrative, economic, financial and technical measures, in order to ensure, inter alia, that:
The emission of pollutants is prevented, controlled and reduced at source through the application of, inter alia, low and non-waste technology;
Transboundary waters are protected against pollution from point sources through the prior licensing of waste-water discharges by the competent national authorities, and that the authorized discharges are monitored and controlled;
Limits for waste-water discharges stated in permits are based on the best available technology for discharges of hazardous substances;
Stricter requirements, even leading to prohibition in individual cases, are imposed when the quality of the receiving water or the ecosystem so requires;
At least biological treatment or equivalent processes are applied to municipal waste water, where necessary in a step-by-step approach;
Appropriate measures are taken, such as the application of the best available technology, in order to reduce nutrient inputs from industrial and municipal sources;
Appropriate measures and best environmental practices are developed and implemented for the reduction of inputs of nutrients and hazardous substances from diffuse sources, especially where the main sources are from agriculture (guidelines for developing best environmental practices are given in annex II to this Convention);
Environmental impact assessment and other means of assessment are applied;
Sustainable water-resources management, including the application of the ecosystems approach, is promoted;
Contingency planning is developed;
Additional specific measures are taken to prevent the pollution of groundwaters;
The risk of accidental pollution is minimized.
2 - To this end, each Party shall set emission limits for discharges from point sources into surface waters based on the best available technology, which are specifically applicable to individual industrial sectors or industries from which hazardous substances derive. The appropriate measures mentioned in paragraph 1 of this article to prevent, control and reduce the input of hazardous substances from point and diffuse sources into waters, may, inter alia, include total or partial prohibition of the production or use of such substances. Existing lists of such industrial sectors or industries and of such hazardous substances in international conventions or regulations, which are applicable in the area covered by this Convention, shall be taken into account.
3 - In addition, each Party shall define, where appropriate, water-quality objectives and adopt water-quality criteria for the purpose of preventing, controlling and reducing transboundary impact. General guidance for developing such objectives and criteria is given in annex III to this Convention. When necessary, the Parties shall endeavour to update this annex.
Article 4
Monitoring
The Parties shall establish programmes for monitoring the conditions of transboundary waters.
Article 5
Research and development
The Parties shall cooperate in the conduct of research into and development of effective techniques for the prevention, control and reduction of transboundary impact. To this effect, the Parties shall, on a bilateral and/or multilateral basis, taking into account research activities pursued in relevant international forums, endeavour to initiate or intensify specific research programmes, where necessary, aimed, inter alia, at:
Methods for the assessment of the toxicity of hazardous substances and the noxiousness of pollutants;
Improved knowledge on the occurrence, distribution and environmental effects or pollutants and the processes involved;
The development and application of environmentally sound technologies, production and consumption patterns;
The phasing out and/or substitution of substances likely to have transboundary impact;
Environmentally sound methods of disposal of hazardous substances;
Special methods for improving the conditions of transboundary waters;
The development of environmentally sound water-construction works and water-regulation techniques;
The physical and financial assessment of damage resulting from transboundary impact.
The results of these research programmes shall be exchanged among the Parties in accordance with article 6 of this Convention.
Article 6
Exchange of information
The Parties shall provide for the widest exchange of information, as early as possible, on issues covered by the provisions of this Convention.
Article 7
Responsibility and liability
The Parties shall support appropriate international efforts to elaborate rules, criteria and procedures in the field of responsibility and liability.
Article 8
Protection of information
The provisions of this Convention shall not affect the rights or the obligations of Parties in accordance with their national legal systems and applicable supranational regulations to protect information related to industrial and commercial secrecy, including intellectual property, or national security.
PART II
Provisions relating to Riparian Parties
Article 9
Bilateral and multilateral cooperation
1 - The Riparian Parties shall on the basis of equality and reciprocity enter into bilateral or multilateral agreements or other arrangements, where these do not yet exist, or adapt existing ones, where necessary to eliminate the contradictions with the basic principles of this Convention, in order to define their mutual relations and conduct regarding the prevention, control and reduction of transboundary impact. The Riparian Parties shall specify the catchment area, or part(s) thereof, subject to cooperation. These agreements or arrangements shall embrace relevant issues covered by this Convention, as well as any other issues on which the Riparian Parties may deem it necessary to cooperate.
2 - The agreements or arrangements mentioned in paragraph 1 of this article shall provide for the establishment of joint bodies. The tasks of these joint bodies shall be, inter alia, and without prejudice to relevant existing agreements or arrangements, the following:
To collect, compile and evaluate data in order to identify pollution sources likely to cause transboundary impact;
To elaborate joint monitoring programmes concerning water quality and quantity;
To draw up inventories and exchange information on the pollution sources mentioned in paragraph 2, a), of this article;
To elaborate emission limits for waste water and evaluate the effectiveness of control programmes;
To elaborate joint water-quality objectives and criteria having regard to the provisions of article 3, paragraph 3, of this Convention, and to propose relevant measures for maintaining and, where necessary, improving the existing water quality;
To develop concerted action programmes for the reduction of pollution loads from both point sources (e. g. municipal and industrial sources) and diffuse sources (particularly from agriculture);
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