1.11.1995 EN Official Journal of the European Communities L 262/54 FRAMEWORK AGREEMENT FOR COOPERATION between the European Economic Community and the Federative Republic of Brazil THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL, of the other part, CONSIDERING the friendly relations and traditional links between the Member States of the European Economic Community, hereinafter referred to as ‘the Community’ and the Federative Republic of Brazil, hereinafter referred to as ‘Brazil’, REAFFIRMING the importance they attach to the principles of the United Nations Charter, to democratic values and to respecting human rights, MINDFUL of their common will to expand and diversify trade between them and to step up cooperation in trade, economic matters, science and technology and financial matters, RECOGNIZING the positive consequences of the process of reform, modernization of the economy and liberalization of trade in Brazil for trade and economic relations between the Parties, WELCOMING the institutionalization of dialogue between the Rio Group and the Community and its Member States given tangible form through the Rome Declaration of 20 December 1990, as well as the furthering of integration through the Southern Cone Common Market (Mercosur), RECOGNIZING the importance of greater environmental protection coupled with the need for sustainable economic and social development, CONVINCED of the importance of the rules and principles of the General Agreement on Tariffs and Trade (GATT) for open international trade, and reaffirming their commitments under that Agreement and their respect for intellectual property rights and freedom of investment, RECOGNIZING the need to promote social rights and in particular the rights of the most disadvantage sectors, THE COUNCIL OF THE EUROPEAN COMMUNITIES, THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL, HAVE AGREED AS FOLLOWS: Article 1 Democratic basis for cooperation Cooperation ties between the Community and Brazil and this Agreement in its entirety are based on respect for the democratic principles and human rights which inspire the domestic and international policies of both the Community and Brazil and which constitute an essential component of this Agreement. Article 2 Strengthening of cooperation 1. The Contracting Parties hereby undertake to impart renewed vigour to relations between them. To achieve this essential objective, they resolve to promote in particular the development of cooperation relating to trade, investment, finance and technology, taking account of Brazil's special situation as a developing country. 2. The Contracting Parties acknowledge the value, in the light of the aims of this Agreement, of consulting each other on international issues of mutual interest. Article 3 Economic cooperation 1. The Contracting Parties, taking into account their mutual interest and long- and medium-term economic objectives, undertake to establish economic cooperation of the widest possible scope. The aims of such cooperation shall be in particular: (a) generally to step up and diversify economic links between them; (b) to contribute to the sustainable development of their economies and standards of living; (c) to promote the expansion of trade in order to achieve diversification and open up new markets; (d) to encourage the flow of investment, the transfer of technology and strengthen the protection of investment; (e) to promote cooperation between economic operators, particularly small and medium-sized enterprises; (f) to establish conditions conducive to job-creation; (g) to protect and improve the environment; (h) to encourage rural development measures; (i) to strengthen the scientific foundation and capacity for innovation of the Contracting Parties; (j) to support efforts and initiatives for regional integration. 2. Without excluding any area from the outset, the Contracting Parties shall, in their mutual interest and with regard to their respective competence and capacities, determine by common agreement the spheres to be covered by economic cooperation. Cooperation shall centre particularly on the following: (a) industry; (b) the use of natural resources against a background of sustainable development; (c) intellectual property, including industrial property, standards and quality criteria; (d) health and plant-health regulations; (e) services in general, and tourism and transport in particular; (f) data processing, electronics, telecommunications, the use of space technology; (g) information on monetary matters. 3. In the interests of attaining the objectives of economic cooperation, the Contracting Parties shall, each in accordance with its laws, endeavour to promote activities including the following: (a) a continuous exchange of points of view and information in connection with cooperation, primarily by gaining access to existing databases or by setting up new ones; (b) encouragement of joint ventures, and in more general terms the development of partnerships which are suited to the needs of firms, (c) organizing visits, meetings and activities for promoting cooperation between individuals and delegations representing firms or economic organizations, and creating the appropriate machinery and institutions; (d) organizing seminars and meetings between businessmen, arranging and holding specialized fairs, exhibitions and symposia, and promoting contacts between economic operators at these events; (e) studies or evaluation reports concerning project feasibility or advance selection of new forms of cooperation; (f) research projects and exchanges of scientists. Article 4 Most-favoured-nation status The Contracting Parties shall grant each other most-favoured-nation treatment in trade, in accordance with the General Agreement on Tariffs and Trade. Both Parties reaffirm their will to conduct trade with each other in accordance with that Agreement. Article 5 Development of trade cooperation 1. The Contracting Parties undertake to develop and diversify trade to the highest possible degree, taking into account the economic situation of each of the Parties and facilitating trade transactions between them as far as possible. 2. To that end, the Contracting Parties shall endeavour to find methods of reducing and eliminating the obstacles hindering the development of trade, notably non-tariff and para-tariff barriers, taking account of work already accomplished in this field by international organizations. 3. The Contracting Parties agree to promote the interchange of information and to hold consultations on the issues of tariffs, health and technical requirements, trade laws and practices, and on any anti-dumping or countervailing duties which might apply. 4. Without prejudice to their rights and obligations under the GATT, the Contracting Parties undertake to consult each other on any disputes which may arise in connection with trade. If one of the Parties requests such consultation, it shall take place at the earliest opportunity. The Contracting Party making the request shall provide the other Party with all the information necessary for a detailed examination of the situation. Attempts shall be made through such consultations to resolve trade disputes as rapidly as possible. 5. In trade between the Contracting Parties, should allegations arise of dumping or subsidy leading to investigation by the competent authorities, each Contracting Party undertakes to examine requests made by the other Party in connection with the case in question. The competent authorities of the Contracting Parties shall inform the interested parties at their request of the essential facts and considerations which will serve as the basis for a decision. Such information shall be provided before the definitive conclusions of the investigation are reached, and in sufficient time for the interested parties to defend their interests. Before definitive anti-dumping and countervailing duties are imposed, the Contracting Parties shall do their utmost to bring about a constructive solution to the problem. 6. Paragraphs 3, 4 and 5 shall cease to apply when the new anti-dumping code and other GATT instruments currently being negotiated within the Uruguay Round enter into force in Brazil and the Community. Article 6 Means of achieving cooperation in trade In the interests of bringing about more active cooperation in trade, the Contracting Parties undertake to take steps, in conformity with their respective laws and considering the differences in their levels of development, including the following: — promoting meetings, interchange and contacts between entrepreneurs of each of the Parties, with the aim of identifying goods suitable for sale on the market of the other Party, — facilitating administrative cooperation between their customs services, in particular as regards vocational training, the simplification of procedures and preventing and detecting violations of customs regulations, — encouraging and providing support for trade promotion activities such as seminars, symposia, fairs and trade and industrial exhibitions, trade visits, reciprocal visits, business weeks and other activities, with the aim of supporting and accompanying efforts to expand trade, — providing support for their own organizations and firms, to enable them to engage in activities which are of benefit to both sides, — taking into consideration each other's interests with regard to market access for commodities, semi-finished and manufactured goods and with the aims agreed within the competent international organizations, — examining methods of facilitating trade and eliminating barriers to trade, taking into consideration the work of international organizations. Article 7 Temporary admission of goods The Contracting Parties undertake to consider tax and duty exemption for temporary import into their territory of goods, in accordance with their respective laws and taking account, wherever possible, of existing international agreements in this field. Article 8 Industrial cooperation The Contracting Parties shall promote the expansion and diversification of Brazil's production base in the industrial and service sectors, directing their cooperation activities at small and medium-sized enterprises in particular and encouraging steps to facilitate access on the part of these enterprises to sources of capital, to markets and to appropriate technology, and also fostering joint venture activities directed especially towards trade between the Parties and aimed at third country markets. To that end, within the limits of their responsibilities, the Contracting Parties shall encourage projects and operations promoting cooperation between firms, such as joint ventures, subcontracting, transfers of technology, licences, applied research and franchises, notably by consolidating existing networks for the promotion of industry and investment, such as the European Community Investment Partners (ECIP) and the Business Cooperation Network (BC-Net). Article 9 Investment The Contracting Parties agree, so far as their competence, rules and regulations and policies permit: — to encourage an increase in mutually beneficial investment, — to examine the possibility of setting up operations and mechanisms to improve the climate for such investment in keeping with the guidelines of paragraph 38 of the Rome Declaration on relations between the European Economic Community and its Member States and the countries of the Rio Group. Article 10 Cooperation in the field of science and technology 1. In accordance with their mutual interest and the aims of their policies on science, the Contracting Parties undertake to promote cooperation in science and technology aimed in particular at: — strengthening links between their scientific and technological communities, — encouraging exchanges of researchers, — promoting mutually beneficial transfers of technology, — fostering relations between research centres on both sides, — stimulating innovation, — defining the framework for cooperation in the field of applied science. 2. The extent of cooperation shall be determined by the desires of the Parties, which shall jointly select priority areas. 3. With the aim of attaining the aims set, the Contracting Parties shall promote and stimulate activities including the following: training of high-calibre scientific staff, joint research projects and the interchange of scientific information through seminars, workshops, congresses and working meetings between the scientific communities of both Parties. Such activities may be conducted among institutions, bodies and undertakings in the public or private sectors. Article 11 Cooperation in the field of standards Without prejudice of their international obligations, within the scope of their responsibilities, and in accordance with their laws, the Contracting Parties shall take steps to reduce differences in respect of weights and measures, standardization and certification by promoting the use of compatible systems of standards and certification. To that end, they shall encourage the following in particular: — establishing links between experts in order to facilitate exchanges of information and studies on weights and measures, standards, and quality control, promotion and certification, — encouraging interchange and contact between bodies and institutions specializing in these fields, — promoting measures aimed at achieving mutual recognition of systems of quality certification, — developing technical assistance in connection with weights and measures, standards and certification, and in connection with quality promotion programmes, — holding consultations to ensure that standards do not constitute a barrier to trade. Article 12 Technological development and intellectual property 1. For the purpose of achieving effective collaboration between enterprises in Brazil and enterprises in the Community in the fields of the transfer of technology, licensing, joint investment and venture capital financing, the Contracting Parties undertake: — to identify the branches or sectors of industry on which cooperation will centre and the means to promote industrial cooperation in the field of high technology, — to cooperate in encouraging the mobilization of financial resources to support joint projects between enterprises in Brazil and enterprises in the Community the aim of which is to apply new findings in technology to industry, — to support the training of qualified technological research personnel, — to promote innovation by means of an exchange of information on the programmes each Party is conducting for that purpose, periodic exchanges of experience stemming from the running of programmes set up and by means of temporary stays for those persons responsible for promoting innovation in Brazilian and Community institutions. 2. The Contracting Parties undertake to ensure, so far as their laws, regulations and policies allow, that suitable and effective protection is provided for intellectual property rights, including patents, trade or service marks, copyright and related rights, geographical designations (including marks of origin), industrial designs and integrated circuit topographies, reinforcing this protection where desirable. They also undertake wherever possible to facilitate access to the databanks and databases in this area. Article 13 Cooperation in the field of mining The Contracting Parties agree to promote cooperation in mining, in accordance with their legislation and chiefly through the implementation of operations aimed at the following: — stimulating the involvement of enterprises of both Parties in exploration, exploitation and marketing of the respective mineral resources, — untertaking activities to encourage joint ventures in the form of small and medium-sized enterprises operating in the mining sector, — carrying out an interchange of experience and technology relating to mining exploration and exploitation, and performing joint research to increase the opportunities for technological development. Article 14 Cooperation in the field of energy The Contracting Parties recognize the importance of the energy sector to economic and social development, and are prepared to step up cooperation relating to the saving and efficient use of energy. Such improved cooperation will include planning concerning energy and the consideration of environmental implications. To these ends, the Contracting Parties agree to promote: — the conduct of joint studies and research, — contracts between those responsible for energy planning (including reports on energy forward studies and so on), — execution of joint programmes and projects in this field. Article 15 Cooperation in the field of transport Recognizing the importance of transport to economic development and the intensification of trade, the Contracting Parties shall adopt the necessary measures to further cooperation in this field. Cooperation in the area of air, road and rail transport and in that of infrastructure shall centre on the following: — the interchange of information on subjects of common interest, including policies, — training programmes aimed at economic operators and those in charge of public-sector departments, — technical assistance particularly in connection with programmes for the modernization of infrastructure, replacement of rolling stock, vehicles and craft, and the introduction of technology relating to combined and multi-mode transport. Article 16 Cooperation in the field of information technology and telecommunications of the use of space technology The Contracting Parties recognize that information technology and telecommunications are vital to the development of the economy and society and declare themselves prepared to promote cooperation in fields of common interest, chiefly in respect of the following: — standardization, testing and certification, — earth and space-based telecommunications such as transport networks, satellites, fibre optics, integrated systems of digital network (ISDN), data transmission, — electronics and microelectronics, — information and automation, — high-definition television, — research and development in new information technologies and telecommunications, — promotion of investment and joint investment. Such cooperation shall take place in particular through: — collaboration between experts, — studies and interchange of information, — training of scientists and technicians, — formulation of projects of mutual benefit, — promotion of joint projects relating to research and development, the establishment of information networks and databases linking universities, research centres, testing laboratories, enterprises and operators in the public and private sectors in the Community and Brazil. Article 17 Cooperation in the field of tourism In accordance with their laws, the Contracting Parties shall contribute to cooperation on tourism, which is to be achieved through specific measures including: — an interchange of information and the carrying out of forward studies, — assistance in statistics and data processing, — training, — the organization of events, — the promotion of investment and joint investment in order to expand tourist travel. Article 18 Cooperation in the field of the environment In instituting cooperation on environmental matters, the Contracting Parties affirm their will to contribute to sustainable development. They will endeavour to reconcile the need for economic and social development with the need for due protection of nature, and will devote particular attention in their cooperation to the most disadvantaged sections of the population, to the urban environment and to the protection of ecosystems such as tropical forests. To these ends, the Contracting Parties shall endeavour to work together, in accordance with their laws, on measures having aims including the following: — improving environmental facilities in the public and private sectors, — the training of specialists, — public information and awareness, — the performance of studies, organization of meetings and interchange of know-how and expertise, — the development of joint projects, — support and assistance for environmental research, — industrial cooperation in the field of the environment. Article 19 Cooperation in agriculture, forestry and rural areas The Contracting Parties shall establish cooperation in the areas of agriculture, the rural environment, forestry, agro-industry and agri-foodstuffs. To these ends, in a spirit of cooperation and goodwill and taking into account their respective laws on such issues, the Contracting Parties shall examine: — opportunities for developing trade in agricultural, forestry and agro-industrial products, — health, plant health and environmental measures, and their consequences, ensuring that they do not hamper trade. The Contracting Parties shall endeavour to promote cooperation concerning: — the development of agriculture, — the development and protection of forestry resources, — the agricultural and rural environments, — issues relating to the human dimension of development, — training in science and technology relating to agriculture, — agricultural research, — contact between the Contracting Parties' farmers, in the interests of facilitating trade operations and investment, — agricultural statistics. Article 20 Cooperation in the field of public health The Contracting Parties agree to cooperate in the field of public health, with the aim of increasing the access to and the quality of health care provided in Brazil, concentrating their efforts on basic health care for the most disadvantaged sections of the population. To these ends they shall seek to: — support vocational training in specific areas of health care, — establish programmes and projects for the improvement of health conditions and well-being in urban and rural areas, — support the combating of infectious and contagious diseases, including the acquired immune deficiency syndrome (AIDS). Article 21 Cooperation in the field of social development 1. The Contracting Parties shall establish cooperation in the field of social development, with the aim of improving the living conditions and quality of life of the most disadvantaged sections of the population. 2. Measures will be implemented with these aims in mind, including support, essentially in the form of technical assistance in the following fields: — administration in social services, — vocational training and job creation, — the improvement of living conditions and hygiene in urban and rural areas, — preventive medicine, — protection of children, — education and assistance programmes for young offenders. Article 22 Fight against drugs 1. In accordance with their respective laws, the Contracting Parties undertake to coordinate and step up their efforts to prevent and reduce the production and consumption of drugs. 2. Such cooperation shall include the following: — projects for training, education, treatment and detoxification of addicts, including projects for the reintegration of addicts into work and social environments. These projects will be implemented in the beneficiary country using existing infrastructure wherever possible, — research programmes and projects, — measures to encourage alternative economic opportunities, — the interchange of all relevant information, including that relating to money laundering. 3. The Contracting Parties may seek financing for the operations referred to in paragraph 2 from public and private institutions and national, regional or international organizations. Article 23 Cooperation in the field of regional integration and cooperation 1. Cooperation between the Contracting Parties may extend to action undertaken within the context of cooperation or integration agreements with other countries in the same region, provided that such action is compatible with those agreements. 2. Without discounting any sphere, the following action shall be given particular consideration: — technical assistance (services of outside experts, training of technical staff in certain practical aspects of integration), — promotion of inter-regional trade, — support for regional institutions and for joint projects and initiatives established whether under Mercosur, the Rio Group or the Amazonian Cooperation Treaty, — studies concerning regional links and communications. 3. Certain areas, such as telecommunications and the environment, could be opened, by joint agreement, for participation by other interested countries in the region, thus avoiding limiting cooperation to a strictly bilateral level. At the request of one or other of the Contracting Parties, other types of project may be given a regional dimension. Article 24 Cooperation in the field of public administration 1. In accordance with their respective laws, the Contracting Parties shall cooperate in administrative matters at federal, state and municipal levels. 2. To these ends, they shall take steps aimed at: — modernizing the public sector, — providing training in new administration techniques, — further or refresher training to increase mobility and allow reassignments required by administrative changes, — overhauling and improving budgetary planning methods, — providing technical assistance for social services: cooperation for economic and social planning. 3. The Contracting Parties shall accordingly arrange: — meetings of and visits from technical experts, seminars and training courses for civil servants at federal, State and municipal level, — interchange of information on programmes for the modernization of the civil service departments concerned. Article 25 Cooperation in the field of information and culture Within their respective powers the Contracting Parties agree to act jointly in the fields of information and communication in order to strengthen the cultural links which already exist between Brazil and the Member States of the Community. These measures shall take the form, in particular, of: — an appropriate interchange of information on issues of common interest, — preparatory studies and technical assistance for the preservation of the cultural heritage, — encouragement of cultural events and cultural and academic exchanges. Article 26 Cooperation in the field of fisheries The Contracting Parties acknowledge the importance of achieving a convergence in their interests in the field of fisheries. They shall therefore endeavour to strengthen and develop cooperation in this regard by drawing up and implementing specific programmes, with the active participation of the economic operators concerned. Article 27 Cooperation in the field of training The Contracting Parties shall implement vocational training programmes in sectors of mutual interest, taking account of new technologies in this field. Such cooperation could take the form of: — targeted measures involving the sending of experts or individuals experienced in a particular trade to the partner country, — courses for trainers, civil servants or private-sector executive staff, — programmes for the interchange of know-how and techniques between institutions (in particular in statistics). Article 28 Resources for undertaking cooperation In order to achieve the cooperation aims set out in this Agreement, the Contracting Parties shall undertake to make available, within the limits of their possibilities and through their own channels, the appropriate resources, including financial resources. In this connection, multiannual programming will be carried out and priorities determined, taking account of needs and of Brazil's level of development. Article 29 Joint Committee 1. The Contracting Parties decide to retain the Joint Committee established pursuant to the 1982 Cooperation Agreement. They also decide to retain the Subcommittee on Science and Technology established in 1987 and the Subcommittee on Industrial Cooperation established in 1989. 2. The Joint Committee shall: — ensure the proper functioning of this Agreement, — coordinate activities, projects and specific operations in relation to the aims of this Agreement and propose necessary means of implementing them, — study the development of trade and cooperation between the Contracting Parties, — make any recommendations required to promote the expansion of trade and intensify and diversify cooperation, — seek appropriate methods of forestalling problems which might arise in areas covered by the Agreement. 3. The Contracting Parties shall establish by agreement the agendas and dates and locations of Joint Committee meetings. The Committee shall itself establish provisions concerning the frequency and location of its subsequent meetings, chairmanship, the establishment of subcommittees additional to those already in existence and other issues. Article 30 Other agreements 1. Without prejudice to the provisions of the Treaties establishing the European Communities, neither this Agreement nor any action taken under it shall in any way affect the powers of the Member States of the Community to undertake bilateral activities with Brazil in the field of economic cooperation or where appropriate to conclude new economic cooperation agreements with Brazil. 2. Subject to the provisions of paragraph 1 concerning economic cooperation, the provisions of this Agreement shall replace the provisions of the agreements concluded between the Member States of the Community and Brazil where such provisions are either incompatible with or identical to the provisions of this Agreement. Article 31 Territorial application clause This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of Brazil. Article 32 Annex The Annex shall form an integral part of this Agreement. Article 33 Entry into force and tacit renewal This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose. It is concluded for a period of five years. It shall be renewed tacitly on a yearly basis unless one of the Contracting Parties denounces it to the other Party in writing six months before the date of expiry. Article 34 Authentic texts This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic. Article 35 Future developments clause 1. The Contracting Parties may by mutual consent expand this Agreement with a view to enhancing the levels of cooperation and supplementing them by means of instruments on specific sectors or activities. 2. Within the framework of the application of this Agreement, either of the Contracting Parties may put forward suggestions for widening the scope of cooperation, taking into account the experience gained in its mutual implementation. EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente acuerdo. TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne aftale. ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt. ΕΙΣ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στην παρούσα συμφωνία. IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Agreement. EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord. IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto le loro firme 1n calce al presente accordo. TEN BLIJKE WAARVAN de ondergetekende gevolmachtingden hun handtekening onder deze Overeenkomst hebben gesteld. EM FÉ DO QUE, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente Acordo. Hecho en Brasilia, el veintinueve de junio de mil novecientos noventa y dos. Udfærdiget i Brasilia, den niogtyvende juni nitten hundrede og tooghalvfems. Geschehen zu Brasilia am neunundzwanzigsten Juni neunzehnhundertzweiundneunzig. Έγινε στη Βραζιλία, στις είκοσι εννέα Ιουνίου χίλια εννιακόσια εννενήντα δύο. Done at Brasilia on the twenty-ninth day of June in the year one thousand nine hundred and ninety-two. Fait a Brasilia, le vingt-neuf juin mil neuf cent quatre-vingt-douze. Fatto a Brasilia, addi' ventinove giugno millenovecentonovantadue. Gedaan te Brasilia, de negenentwintigste juni negentienhonderd twee-en-negentig. Feito em Brasília, em vinte e nove de Junho de mil novecentos e noventa e dois. Por el Consejo de las Comunidades Europeas For Rådet for De Europeiske Fællesskaber Für den Rat der Europäischen Gemeinschaften Για το ΣυμΒοúλιο των Ευρωπαϊκών Κοινοτήτων For the Council of the European Communities Pour le Conseil des Communautés européennes Per il Consiglio delle Comunità europee Voor de Raad van de Europese Gemeenschappen Pelo Conselho das Comunidades Europeias Por el Gobierno de la República Federativa de Brasil For regeringen for Den Føderative Republik Brasilien Für die Regierung der Föderativen Republik Brasilien Για την Κυβέρνηση της Ομόσπονδης Δημοκρατίας της Βραζιλίας For the Government of the Federative Republic of Brazil Pour le gouvernement de la République fédérative du Brésil Per il Governo della Repubblica federativa del Brasile Voor de Regering van de Federatieve Republiek Brazilië Pelo Governo da República Federativa do Brasil ANNEX EXCHANGE OF LETTERS between the European Economic Community and the Federative Republic of Brazil on maritime transport Sir, We should be obliged if you would confirm that your Government is in agreement with the following: When the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil was signed, the Parties undertook to address in the appropriate manner issues relating to the operation of shipping, particularly where the development of trade might be hindered. Mutually satisfactory solutions on shipping will be sought, while the principle of free and fair competition on a commercial basis is observed. It has likewise been agreed that such issues should also be discussed by the Joint Committee. Please accept, Sir, the assurance of my highest consideration. On behalf of the Council of the European Communities Sir, I have the honour to acknowledge receipt of your letter of today's date and confirm the agreement of my Government with the following: ‘When the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil was signed, the Parties undertook to address in the appropriate manner issues relating to the operation of shipping, particularly where the development of trade might be hindered. Mutually satisfactory solutions on shipping will be sought, while the principle of free and fair competition on a commercial basis is observed. It has likewise been agreed that such issues should also be discussed by the Joint Committee.’ Please accept, Sir, the assurance of my highest consideration. For the Government of the Federative Republic of Brazil

Summary: Bilateral framework agreements for cooperation with the Mercosur countries Bilateral framework agreements for cooperation with the Mercosur countries SUMMARY OF: Framework Agreement for Cooperation between the European Economic Community and the Federative Republic of Brazil Decision 95/445/EC — concluding the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay Decision 92/509/EEC — concluding of the Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay Framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay Decision 92/205/EEC — concluding the Framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay Framework Agreement for trade and economic cooperation between the European Economic Community and the Argentine Republic Decision 90/530/EEC — concluding the Framework Agreement for cooperation between the European Economic Community and the Argentine Republic WHAT IS THE AIM OF THE AGREEMENTS AND DECISIONS? The agreements provide the basis for bilateral cooperation between Argentina, Brazil, Paraguay and Uruguay, and the EU. The decisions conclude the agreements on behalf of the EU. KEY POINTS Argentina, Brazil, Paraguay and Uruguay are the 4 founding members of Mercosur — the Southern Common Market. The basic principles of the agreements include: respect for democracy and human rights; andthe strengthening of regional integration. In all 4 agreements, the parties grant each other most-favoured-nation* treatment. The agreements cover similar areas of cooperation but are tailored to the needs of the individual country. Areas of cooperation include: trade — to develop and diversify trade and to examine way of eliminating barriers, including duties and taxes, and exchanging information;economic matters — to strengthen economic links, enhance trade, improve standards of living, encourage investment, etc;agriculture — focusing on the development of trade and health matters;regional integration — including environmental cooperation at regional level, the development of intra-regional trade, the strengthening of regional institutions, support for the development of common policies and activities and regional communications;environment — to resolve problems linked to water, soil and air pollution, erosion, desertification, deforestation; over-exploitation of natural resources and the protection of ecosystems;science and technology;development — particularly social and rural issues. The agreement with Brazil sets out the broadest area of cooperation, extending to information technology, telecommunications and space technology, transport, energy, the mining, forestry and rural sectors, fisheries, technological development and intellectual property. A Joint Cooperation Committee consisting of representatives of both parties ensures the proper functioning of each agreement and makes recommendations. The agreements were concluded for an initial period of 5 years and are renewed tacitly thereafter. The agreements all include a future developments clause, enabling the parties to expand the content of the agreements. DATE OF ENTRY INTO FORCE The agreement with Brazil entered into force on 1 November 1995. The agreement with Paraguay entered into force on 1 November 1992. The agreement with Uruguay entered into force on 1 November 1994. The agreement with Argentine Republic entered into force on 1 August 1991. BACKGROUND In addition to bilateral arrangements, relations between the EU and the Mercosur are further strengthened by an Interregional Framework Cooperation Agreement (IFCA). As well as focusing on existing relations, the IFCA aims to set the foundations for an Interregional Association. A political agreement for an Association Agreement between the two parties was reached in June 2019. For further information see: EU and Mercosur (European External Action Service). KEY TERMS Most-favoured-nation (MFN): an MFN clause requires a country to provide any concessions, privileges or immunities granted to one country in a trade agreement to the other countries in each agreement that features that clause. Typically, this clause applies to members of the World Trade Organization, who must grant any preferential treatment to all other World Trade Organization member countries concerning the matters covered by those agreements. MAIN DOCUMENTS Framework Agreement for Cooperation between the European Economic Community and the Federative Republic of Brazil (OJ L 262, 1.11.1995, pp. 54-65) Council Decision 95/445/EC of 30 October 1995 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil (OJ L 262, 1.11.1995, p. 53) Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay (OJ L 313, 30.10.1992, pp. 72-81) Council Decision 92/509/EEC of 19 October 1992 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay (OJ L 313, 30.10.1992, p. 71) Framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay (OJ L 94, 8.4.1992, pp. 2-12) Council Decision 92/205/EEC of 16 March 1992 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay (OJ L 94, 8.4.1992, p. 1) Framework Agreement for trade and economic cooperation between the European Economic Community and the Argentine Republic (OJ L 295, 26.10.1990, pp. 67-73) Council Decision 90/530/EEC of 8 October 1990 concerning the conclusion of the Framework Agreement for trade and economic cooperation between the European Economic Community and the Argentine Republic (OJ L 295, 26.10.1990, p. 66) RELATED DOCUMENTS Information concerning the entry into force of the Framework Cooperation Agreement between the European Economic Community and the Federative Republic of Brazil (OJ L 262, 1.11.1995, p. 66) Information on the date of entry into force of the Framework Agreement for cooperation between the Republic of Paraguay and the European Economic Community, signed in Brussels on 3 February 1992 (OJ L 313, 30.10.1992, p. 82) Notice concerning the entry into force of the framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay (OJ L 286, 5.11.1994, p. 40) Information concerning the entry into force of the Cooperation Agreement between the European Economic Community, of the one part, and the Argentine Republic, of the other part (OJ L 208, 30.7.1991, p. 73) last update 06.03.2020


5.8.1995 EN Official Journal of the European Communities L 186/44 CONVENTION on the protection and use of transboundary watercourses and international lakes done at Helsinki, on 17 March 1992 United Nations 1992 Convention on the protection and use of transboundary watercourses 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 42nd and 44th sessions, respectively, and the outcome of the CSCE meeting on the protection of the environment (Sofia, Bulgaria, 16 October to 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 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: (a) to prevent, control and reduce pollution of waters causing or likely to cause transboundary impact; (b) to ensure that transboundary waters are used with the aim of ecologically sound and rational water management, conservation of water resources and environmental protection; (c) 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; (d) 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: (a) 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; (b) the polluter-pays principle, by virtue of which costs of pollution prevention, control and reduction measures shall be borne by the polluter; (c) 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 envionment. 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: (a) the emission of pollutants is prevented, controlled and reduced at source through the application of, inter alia, low and non-waste technology. (b) 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; (c) limits for waste water discharges stated in permits are based on the best available technology for discharges of hazardous substances; (d) stricter requirements, even leading to prohibition in individual cases, are imposed when the quality of the receiving water or the ecosystem so requires; (e) At least biological treatment or equivalent processes are applied to municipal waste water, where necessary in a step-by-step approach; (f) appropriate measures are taken, such as the application of the best available technology, in order to reduce nutrient inputs from industrial and municipal sources; (g) 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); (h) environmental impact assessment and other means of assessment are applied; (i) sustainable water-resources management, including the application of the ecosystems approach, is promoted: (j) contingency planning is developed; (k) additional specific measures are taken to prevent the pollution of groundwaters; (l) 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 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: (a) methods for the assessment of the toxicity of hazardous substances and the noxiousness of pollutants; (b) improved knowledge on the occurrence, distribution and environmental effects of pollutants and the processes involved; (c) the development and application of environmentally sound technologies, production and consumption patterns; (d) the phasing out and/or substitution of substances likely to have transboundary impact; (e) environmentally sound methods of disposal of hazardous substances; (f) special methods for improving the conditions of trans-boundary waters; (g) the development of environmentally sound water-construction works and water-regulation techniques; (h) 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: (a) to collect, compile and evaluate data in order to identify pollution sources likely to cause transboundary impact; (b) to elaborate joint monitoring programmes concerning water quality and quantity; (c) to draw up inventories and exchange information on the pollution sources mentioned in paragraph 2 (a) of this Article; (d) to elaborate emission limits for waste water and evaluate the effectiveness of control programmes; (e) to elaborate joint water-quality objectives and criteria having regard to the provisions of Article 3 (3) of this Convention, and to propose relevant measures for maintaining and, where necessary, improving the existing water quality; (f) to develop concerted action programmes for the reduction of pollution laods loads from both point sources (e.g. municipal and industrial sources) and diffuse sources (particularly from agriculture); (g) to establish warning and alarm procedures; (h) to serve as a forum for the exchange of information on existing and planned uses of water and related installations that are likely to cause transboundary impact; (i) to promote cooperation and exchange of information on the best available technology in accordance with the provisions of Article 13 of this Convention, as well as to encourage cooperation in scientific research programmes; (j) to participate in the implementation of environmental impact assessments to transboundary waters, in accordance with appropriate international regulations. 3. In cases where a coastal State, being Party to this Convention, is directly and significantly affected by trans-boundary impact, the Riparian Parties can, if they all so agree, invite that coastal State to be involved in an appropriate manner in the activities of multilateral joint bodies established by Parties riparian to such transboundary waters. 4. Joint bodies according to this Convention shall invite joint bodies, established by coastal States for the protection of the marine environment directly affected by transboundary impact, to cooperate in order to harmonize their work and to prevent, control and reduce the transboundary impact. 5. Where two or more joint bodies exist in the same catchment area, they shall endeavour to coordinate their activities in order to strengthen the prevention, control and reduction of transboundary impact within that catchment area. Article 10 Consultations Consultations shall be held between the Riparian Parties on the basis of reciprocity, good faith and good-neighbourliness, at the request of any such Party. Such consultations shall aim at cooperation regarding the issues covered by the provisions of this Convention. Any such consultations shall be conducted through a joint body established pursuant to Article 9 of this Convention, where one exists. Article 11 Joint monitoring and assessment 1. In the framework of general cooperation mentioned in Article 9 of this Convention, or specific arrangements, the Riparian Parties shall establish and implement joint programmes for monitoring the conditions of transboundary waters, including floods and ice drifts, as well as transboundary impact. 2. The Riparian Parties shall agree upon pollution parameters and pollutants whose discharges and concentration in transboundary waters shall be regularly monitored. 3. The Riparian Parties shall, at regular intervals, carry out joint or coordinated assessments of the conditions of transboundary waters and the effectiveness of measures taken for the prevention, control and reduction of transboundary impact. The results of these assessments shall be made available to the public in accordance with the provisions set out in Article 16 of this Convention. 4. For these purposes, the Riparian Parties shall harmonize rules for the setting up and operation of monitoring programmes, measurement systems, devices, analytical techniques, data processing and evaluation procedures, and methods for the registration of pollutants discharged. Article 12 Common research and development In the framework of general cooperation mentioned in Article 9 of this Convention, or specific arrangements, the Riparian Parties shall undertake specific research and development activities in support of achieving and maintaining the water-quality objectives and criteria which they have agreed to set and adopt. Article 13 Exchange of information between Riparian Parties 1. The Riparian Parties shall, within the framework of relevant agreements or other arrangements according to Article 9 of this Convention, exchange reasonably available data, inter alia, on: (a) environmental conditions of transboundary waters; (b) experience gained in the application and operation of best available technology and results of research and development: (c) emission and monitoring data; (d) measures taken and planned to be taken to prevent, control and reduce transboundary impact; (e) permits or regulations for waste-water discharges issued by the competent authority or appropriate body. 2. In order to harmonize emission limits, the Riparian Parties shall undertake the exchange of information on their national regulations. 3. If a Riparian Party is requested by another Riparian Party to provide data or information that is not available, the former shall endeavour to comply with the request but may condition its compliance upon the payment, by the requesting Party, of reasonable charges for collecting and, where appropriate, processing such data or information. 4. For the purposes of the implementation of this Convention, the Riparian Parties shall facilitate the exchange of best available technology, particularly through the promotion of: the commercial exchange of available technology; direct industrial contacts and cooperation, including joint ventures; the exchange of information and experience; and the provision of technical assistance. The Riparian Parties shall also undertake joint training programmes and the organization of relevant seminars and meetings. Article 14 Warning and alarm systems The Riparian Parties shall without delay inform each other about any critical situation that may have trans-boundary impact. The Riparian Parties shall set up, where appropriate, and operate coordinated or joint communication, warning and alarm systems with the aim of obtaining and transmitting information. These systems shall operate on the basis of compatible data transmission and treatment procedures and facilities to be agreed upon by the Riparian Parties. The Riparian Parties shall inform each other about competent authorities or points of contact designated for this purpose. Article 15 Mutual assistance 1. If a critical situation should arise, the Riparian Parties shall provide mutual assistance upon request, following procedures to be established in accordance with paragraph 2 of this Article. 2. The Riparian Parties shall elaborate and agree upon procedures for mutual assistance addressing, inter alia, the following issues: (a) the direction, control, coordination and supervision of assistance; (b) local facilities and services to be rendered by the Party requesting assistance, including, where necessary, the facilitation of border-crossing formalities; (c) arrangements, for holding harmless, indemnifying and/or compensating the assisting Party and/or its personnel, as well as for transit through territories of third Parties, where necessary; (d) methods of reimbursing assistance services. Article 16 Public information 1. The Riparian Parties shall ensure that information on the conditions of transboundary waters, measures taken or planned to be taken to prevent, control and reduce transboundary impact, and the effectiveness of those measures, is made available to the public. For this purpose, the Riparian Parties shall ensure that the following information is made available to the public: (a) water-quality objectives; (b) permits issued and the conditions required to be met; (c) results of water and effluent sampling carried out for the purposes of monitoring and assessment, as well as results of checking compliance with the water-quality objectives or the permit conditions. 2. The Riparian Parties shall ensure that this information shall be available to the public at all reasonable times for inspection free of charge, and shall provide members of the public with reasonable facilities for obtaining from the Riparian Parties, on payment of reasonable charges, copies of such information. PART III INSTITUTIONAL AND FINAL PROVISIONS Article 17 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, ordinary meetings shall be held every three years, or at shorter intervals as laid down in the rules of procedure. The Parties shall hold an extraordinary meeting if they so decide in the course of an ordinary meeting or at the written request of any Party, provided that, within six months of it being communicated to all Parties, 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, and, with this purpose in mind, shall: (a) review the policies for and methodological approaches to the protection and use of transbordary waters of the Parties with a view to further improving the protection and use of transboundary waters; (b) exchange information regarding experience gained in concluding and implementing bilateral and multilateral agreements or other arrangements regarding the protection and use of transboundary waters to which one or more of the Parties are party; (c) seek, where appropriate, the services of relevant ECE bodies as well as other component international bodies and specific committees in all aspects pertinent to the achievement of the purposes of this Convention; (d) at their first meeting, consider and by consensus adopt rules of procedure for their meetings; (e) consider and adopt proposals for amendments to this Convention; (f) consider and undertake any additional action that may be required for the achievement of the purposes of this Convention. Article 18 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 19 Secretariat The Executive Secretary of the Economic Commission for Europe shall carry out the following secretarial 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) the performance of such other functions as may be determined by the Parties. Article 20 Annexes Annexes to this Convention shall constitute an integral part thereof. Article 21 Amendments to the Convention 1. Any Party may propose amendments to this Convention. 2. Proposals for amendments to this Convention shall be considered at a meeting of the Parties. 3. 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 90 days before the meeting at which it is proposed for adoption. 4. An amendment to the present Convention shall be adopted by consensus of the representatives of the Parties to this Convention present at a meeting of the Parties, and shall enter into force for the Parties to the Convention which have accepted it on the 90th day after the date on which two-thirds of those Parties have deposited with the Depositary their instruments of acceptance of the amendment. The amendment shall enter into force for any other Party on the 90th day after the date on which that Party deposits its instrument of acceptance of the amendment. Article 22 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 the present 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 IV. 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. Article 23 Signature This Convention shall be open for signature at Helsinki from 17 to 18 March 1992 inclusive, and thereafter at United Nations Headquarters in New York until 18 September 1992 by States members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organization 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 24 Depositary The Secretary-General of the United Nations shall act as the Depositary of this Convention. Article 25 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 23. 3. Any organization referred to in Article 23 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. 4. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 23 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 26 Entry into force 1. This Convention shall enter into force on the 90th day after the date of deposit of the 16th 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 23 which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the 16th instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the 90th day after the date of deposit by such State or organization of its instrument of ratification, acceptance, approval or accession. Article 27 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 90th day after the date of its receipt by the Depositary. Article 28 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 Helsinki, this seventeenth day of March one thousand nine hundred and ninety-two. Annex I DEFINITION OF THE TERM ‘BEST AVAILABLE TECHNOLOGY’ 1. The term ‘best available technology’ is taken to mean the latest stage of development of processes, facilities or methods of operation which indicate the practical suitability of a particular measure for limiting discharges, emissions and waste. In determining whether a set of processes, facilities and methods of operation constitute the best available technology in general or individual cases, special consideration is given to: (a) comparable processes, facilities or methods of operation which have recently been successfully tried out; (b) technological advances and changes in scientific knowledge and understanding; (c) the economic feasibility of such technology; (d) time limits for installation in both new and existing plants; (e) the nature and volume of the discharges and effluents concerned; (f) low- and non-waste technology. 2. It therefore follows that what is ‘best available technology’ for a particular process will change with time in the light of technological advances, economic and social factors, as well as in the light of changes in scientific knowledge and understanding. Annex II GUIDELINES FOR DEVELOPING BEST ENVIRONMENTAL PRACTICES 1. In selecting for individual cases the most appropriate combination of measures which may constitute the best environmental practice, the following graduated range of measures should be considered: (a) provision of information and education to the public and to users about the environmental consequences of the choice of particular activities and products, their use and ultimate disposal; (b) the development and application of codes of good environmental practice which cover all aspects of the product's life; (c) labels informing users of environmental risks related to a product, its use and ultimate disposal; (d) collection and disposal systems available to the public; (e) recycling, recovery and reuse; (f) application of economic instruments to activities, products or groups of products; (g) a system of licensing, which involves a range of restrictions or a ban. 2. In determining what combination of measures constitute best environmental practices, in general or in indivudual cases, particular consideration should be given to: (a) the environmental hazard of: (i) the product; (ii) the product's production; (iii) the product's use; (iv) the product's ultimate disposal; (b) substitution by less polluting processes or substances; (c) scale of use; (d) potential environmental benefit or penalty of substitute materials or activities; (e) advances and changes in scientific knowledge and understanding; (f) time limits for implementation; (g) social and economic implications. 3. It therefore follows hat best environmental practices for a particular source sill change with time in the light of technological advances, economic and social factors, as well as in the light of changes in scientific knowledge and understanding. Annex III GUIDELINES FOR DEVELOPING WATER-QUALITY OBJECTIVES AND CRITERIA Water-quality objectives and criteria shall: (a) take into account the aim of maintaining and, where necessary, improving the existing water quality; (b) aim at the reduction of average pollution loads (in particular hazardous substances) to a certain degree within a certain period of time; (c) take into account specific water-quality requirements (raw water for drinking-water purposes, irrigation, etc.); (d) take into account specific requirements regarding sensitive and specially protected waters and their environment, e.g. lakes and groundwater resources; (e) be based on the application of ecological classification methods and chemical indices for the medium-and long-term review of water-quality maintenance and improvement; (f) take into account the degree to which objectives are reached and the additional protective measures, based on emission limits, which may be required in individual cases. Annex IV ARBITRATION 1. In the event of a dispute being submitted for arbitration pursuant to Article 22, paragraph 2 of this Convention, a party or parties shall notify the secretariat of the subject matter of arbritration and indicate, in particular, the Articles of this Convention whose intepretation or application it 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 teritory 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 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. ANNEX II Declaration by the Community pursuant to Article 25 (4) of the Convention on the protection and use of transboundary watercourses and international lakes Having regard to Article 25 (4) of the Convention on the protection and use of transboundary watercourses and international lakes, concerning the extent of competence of organizations mentioned in that paragraph: In accordance with the Treaty establishing the European Community and in the light of the Community legislation existing in the field covered by the Convention on the protection and use of transboundary watercourses and international lakes, and in particular the legal instruments listed hereunder, the Community is competent for international matters. The Member States of the European Community also have international competence which applies equally to matters covered by the said Convention. The legal instruments referred to above are as follows: — Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (1), — Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (2), — Council Directive 74/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (3); — Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (4), — Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life (5), — Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water (6), — Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (7), — Council Directive 30/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption (8), — Council Directive 82/176/EEC of 22 March 1982 on the limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry (9), — Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry (10), — Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (11), — Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-akali electrolysis industry (12), — Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (13), — Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (14), — Council Directive 88/347/EEC of 16 June 1988 amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (15), — Council Directive 90/415/EEC of 27 July 1990 amending Annex II to Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (16), — Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (17), — Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (18). The pursuit of the Community's environment policy means that this list may be subject to change with the amendment or repeal of existing texts or the adoption of new texts. (1) OJ No L 194, 25. 7. 1975, p. 34. (2) OJ No L 31, 5. 2. 1976, p. 1. (3) OJ No L 129, 18. 5. 1976, p. 23. (4) OJ No L 54, 25. 2. 1978, p. 19. (5) OJ No L 222, 14. 8. 1978, p. 1. (6) OJ No L 271, 29. 10. 1979, p. 44. (7) OJ No L 20, 26. 1. 1980, p. 43. (8) OJ No L 229, 30. 8. 1980, p. 11. (9) OJ No L 81, 27. 3. 1982, p. 29. (10) OJ No L 378, 31. 12. 1982, p. 1. (11) OJ No L 291, 24. 10. 1983, p. 1. (12) OJ No L 74, 17. 3. 1984, p. 49. (13) OJ No L 274, 17. 10. 1984, p. 11. (14) OJ No L 181, 4. 7. 1986, p. 16. (15) OJ No L 158, 25. 6. 1988, p. 35. (16) OJ No L 219, 14. 8. 1990, p. 49. (17) OJ No L 135, 30. 5. 1991, p. 40. (18) OJ No L 375, 31. 12. 1991, p. 1.

Summary: Helsinki Convention: preventing pollution in international watercourses and lakes Helsinki Convention: preventing pollution in international watercourses and lakes SUMMARY OF: Decision 95/308/EC on the conclusion of the Convention on the protection and use of transboundary watercourses and international lakes Convention on the protection and use of transboundary watercourses and international lakes WHAT IS THE AIM OF THE DECISION AND THE CONVENTION? With Decision 95/308/EC the European Community (now EU) joins the Convention on the protection and use of transboundary watercourses* and international lakes (United Nations Economic Commission for Europe — UNECE Water Convention). This is known as the Helsinki convention, as it was signed there in 1992. KEY POINTS The convention provides a legal framework within which 2 or more parties may cooperate to: prevent and control water pollution across national frontiers;ensure the reasonable and impartial use of transboundary waters. Parties must take all appropriate transboundary water measures to: prevent, control and reduce actual or potential pollution;ensure ecologically reliable water management, conservation of resources and environmental protection, including restoration of ecosystems, where necessary;ensure the reasonable and impartial use of resources. Parties must: apply the precautionary principle, i.e. not fail to act because science has not yet fully proved a causal link between particular substances and pollution;apply the polluter pays principle, i.e. the party responsible for causing pollution pays the prevention, control and reduction costs;manage water resources so that future generations' needs are not harmed;establish programmes to monitor transboundary water;cooperate with each other, especially on information exchange and research to develop effective techniques to prevent, control and reduce transboundary pollution;support international efforts to draw up rules, criteria and procedures for determining responsibility and liability for any pollution. The measures must: be taken at source, where possible;not directly or indirectly transfer pollution to other parts of the environment. Agreements between 2 or more parties may cover issues such as: compilation of data and inventories;creation of joint monitoring programmes;adoption of emission limits for waste water and joint water-quality objectives;introduction of warning and alarm procedures;use of environmental impact assessments. Parties to an agreement must: provide each other any help when requested;ensure information on the state of transboundary water and any measures taken are available to the public. In 2003, the convention was amended to allow non-European countries to join. The amendment entered into force on 6 February 2013 and Decision 2013/790/EU marked its acceptance. Since March 2016 all UN Member States can accede to it. DATE OF ENTRY INTO FORCE The convention entered into force on 6 October 1996. BACKGROUND Most environmental problems cross national borders and may even be global in nature. This is why the Lisbon Treaty (Article 191 of the Treaty on the Functioning of the European Union) tasks the EU with promoting international measures to tackle regional or worldwide environmental problems. The EU is competent for negotiating and signing international environmental agreements. It has done so in many areas, whether under the auspices of the United Nations or at regional or sub-regional level. It has ratified 6 conventions dealing with water. For more information, see: Multilateral environmental agreements (European Commission) About the UNECE Water Convention (United Nations Economic Commission for Europe, UNECE) Guide to Implementing The Water Convention (United Nations Economic Commission for Europe, UNECE) KEY TERMS Transboundary watercourse: surface or ground water which marks, crosses or is located on boundaries between 2 or more countries. MAIN DOCUMENTS Council Decision 95/308/EC of 24 July 1995 on the conclusion, on behalf of the Community, of the Convention on the protection and use of transboundary watercourses and international lakes (OJ L 186, 5.8.1995, pp. 42-58) Convention on the protection and use of transboundary watercourses and international lakes (OJ L 186, 5.8.1995, pp. 44-58) Successive amendments to the Convention have been incorporated into the original document. This consolidated version is of documentary value only. last update 10.07.2020