On accession of the Republic of Kazakhstan to the convention on long-distance cross-border air pollution

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Law of the Republic of Kazakhstan dated October 23, 2000 No. 89-II

To accede the Republic of Kazakhstan to the convention on long-distance cross-border air pollution concluded in Geneva on November 30, 1979.

President Of The Republic Of Kazakhstan

Convention on cross-border air pollution over long distances

(Entered into force on April 11, 2001-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

The parties to this convention, aiming at promoting the development of contacts and cooperation in the field of Environmental Protection, are aware of the importance of the activities of the United Nations European Economic Commission to strengthen such contacts and cooperation, in particular in the field of combating air pollution, including the transfer of air pollutants over long distances, Recognizing the European Economic Commission's contribution to the multilateral implementation of the relevant provisions of the final draft of the council on security and cooperation in Europe, the European Economic Commission's final draft of the council on security and cooperation in Europe, including the transfer of air pollution over long distances, is committed to cooperation in the fight against air pollutants and their consequences, as well as the relevant provisions of the resolutions of the United Nations conference on human environment issues, taking into account the provisions of the chapter on the environment, which includes calls for the development of a broad monitoring program through international cooperation and the subsequent assessment of the transfer of air pollutants over long distances, from sulfur dioxide to possible coverage of other pollutants, in particular, taking into account the 21 principles under which the United Nations Charter and the principles of international law express a common conviction that the state has the sovereign right to develop its own property resources in accordance with its policy in the field of the environment and is responsible for ensuring that activities within their jurisdiction or control do not cause damage to the environment of other states or, in the long term, both in the short term and in the long term, possible negative consequences - recognizing the presence of air pollution, including cross-border air pollution, expressing concern that the increase in the level of residual air pollutants in the region, according to forecasts, will exacerbate such negative consequences, recognizing the need to study the consequences of moving air pollutants over long distances and seeking solutions to the identified problems, we need to strengthen active international cooperation and exchange information, consultations, confirming their readiness to coordinate national measures to combat air pollution, including cross-border air pollution over long distances through research activities and monitoring, they agreed on the following:

Definition

Article 1

For the purposes of this convention: (a) "air pollution" means the direct or indirect introduction of substances or energy into the surrounding air by a person, resulting in harmful consequences such as endangering human health, causing damage to living resources, ecological systems and material assets, as well as causing damage to landscape values or interfering with other legal forms of Environmental use; the definition of "air polluters" is; b)" cross-border air pollution over long distances " means air pollution that is observed at a distance where the physical source is fully or partially located within the territory under the national jurisdiction of one state, and the negative impact cannot be determined as a whole the share of individual sources or groups of sources of substances in the territory under the jurisdiction of another state.

FOUNDING PRINCIPLES

Article 2

The Contracting Parties express their determination to protect humans and the environment from air pollution, with due regard to relevant facts and problems, and will strive to limit and, if possible, gradually reduce and prevent air pollution, including its long-range transboundary pollution.

Article 3

The Contracting Parties shall develop a policy and strategy as expeditious as possible as a means of combating waste from air pollutants, taking into account the efforts proposed at the national and international levels through information exchange, consultation, research activities and monitoring within the framework of this convention.

Article 4

The contracting parties, as far as possible, exchange information and review their policies, scientific activities and technical measures aimed at combating waste from air pollutants that may have negative consequences, thereby contributing to the reduction of air pollution, including cross-border air pollution over long distances.

Article 5

At the relevant request, consultations are conducted at the previous stage between the Contracting Parties, on the one hand, where the adverse consequences of long-distance cross-border air pollution have actually spread or are subject to significant risks that entail such consequences, and on the other hand, between the Contracting Parties, within their limits and jurisdiction, in connection with their activities carried out or provided for by them, a significant share of long-distance cross-border air pollution has arisen or may occur.

AIR QUALITY REGULATION

Article 6

Taking into account articles 2-5, ongoing research, information exchange and monitoring and their results, the cost and effectiveness of local and other measures and, in particular, in order to combat air pollution associated with new or reconstructed enterprises, the Contracting Parties shall act as an air quality regulation system and its components - it undertakes to develop the best policy and strategy, including measures to combat pollution, in particular, balanced development through the use of the best available and economically viable technologies and low-waste and non-waste technologies.

RESEARCH AND DEVELOPMENT

Article 7

Based on their requests, the Contracting Parties shall: A) existing and proposed technology for reducing the waste of sulfur impurities and other major air pollutants, including feasibility studies and environmental consequences; b) equipment and other means for monitoring and measuring the level of waste and concentration of air pollutants in the atmosphere; C) improvement of models designed to improve the understanding of cross-border transfer of air pollutants over long distances; d) the impact of sulfur compounds and other major air pollutants on the environment, including human health and agriculture, forestry, materials, water and other natural ecological systems and visibility, taking into account the creation of a scientific basis for establishing dose/effect ratios for environmental protection purposes; e) economic, social and environmental assessment of alternative measures to achieve environmental protection goals, including reducing cross-border air pollution over long distances; (f) conduct research and/or development on training and training programs for personnel related to the environmental aspects of sulfur compounds and other major air pollutants, and cooperate in carrying out these.

INFORMATION EXCHANGE

Article 8

Within the framework of the executive body referred to in Article 10 and on a bilateral basis, the Contracting Parties, on the basis of their common interests, shall: (a) data on the waste of air pollutants mentioned in the grid of agreed amounts at the agreed periods of time, or data on the flows of air pollutants mentioned in the count through sections of national borders and starting from sulfur dioxide in the agreed periods; b) major changes in national policy and industrial development in general, as well as their possible consequences that can lead to significant changes in long-distance cross-border air pollution; C) techniques and technologies designed to reduce air pollution related to long-distance cross-border air pollution; d) projected expenditures on a national scale to combat sulfur inclusions and other major air pollutants; e) Meteorological and physical and chemical data related to the processes occurring during the transition; f) physical, chemical and biological data on the consequences of long-distance cross-border air pollution and the degree of damage that may be caused to long-distance cross-border air pollution in accordance with these data; g) exchange available information on national, subregional and regional policies and strategies in the field of combating sulfur inclusions and other major air pollutant residues.

______________________

This convention does not contain provisions on the liability of the state for damage caused.

IMPLEMENTATION OF A JOINT PROGRAM FOR MONITORING AND EVALUATING THE SPREAD OF AIR POLLUTANTS OVER LONG DISTANCES IN EUROPE AND FURTHER DEVELOPMENT

Article 9

The contracting parties attach significant importance to the need to implement the existing "joint program for monitoring and assessing the spread of air pollutants over long distances in Europe" (hereinafter referred to as EMEP) and to those involved in the further development of this program: a) the need for the Contracting Parties to join the EMEP at the first stage, based on the monitoring and full implementation of sulfur dioxide and its derivatives; b) the need to use comparative and standardized monitoring procedures, where possible; C) the monitoring program intends to be based on a system of both national and international programs. The creation of a monitoring station and data collection is carried out under the national jurisdiction of the countries in which these stations are located; d) the need to develop a mechanism for a joint environmental monitoring program based on and taking into account existing and future national, subregional, regional and other international programs; (e) the need to exchange data on the waste of air pollutants mentioned, starting with sulfur dioxide produced at sites according to the grid of agreed amounts in the periods to be agreed, or on the flows of air pollutants mentioned across national borders and in the periods to be agreed. (F) to continue the exchange of national data on total waste of agreed air pollutants starting from sulfur dioxide and to periodically update these data; ; g) the need to provide meteorological and physical-chemical data regarding the processes occurring during migration; h) the need for such a monitoring program for monitoring chemical components in other environments, such as water, soil and plants, to record the impact on human health and the environment; i) agree to emphasize the need to expand the national networks of EMP so that they can operate for monitoring and observation purposes.

EXECUTIVE BODY

Article 10

1.representatives of the Contracting Parties, within the framework of senior advisers to the governments of the EEC countries on environmental problems, form the executive body of this convention and hold meetings in this context at least once a year. 2. the executive body shall: (A) observe the implementation of this convention; (b) establish, if necessary, working groups for the consideration of issues related to the implementation and development of this convention, which shall prepare relevant research and other documentation for this purpose and submit proposals for consideration by the executive body; (c) perform other functions that may be required in accordance with the provisions of this convention. 3.as an integral part of the mechanism for implementing this convention, the executive body uses the executive body of the EMP, in particular, in relation to data collection and scientific cooperation. 4.in the exercise of its functions, the executive body also uses information received from other relevant international organizations, if it considers it appropriate.

Secretariat

Article 11

The Executive Secretary of the European Economic Commission performs the following functions of the Secretariat for the body: a) convening and preparing meetings of the Executive Body; b) sending reports and other information received in accordance with the provisions of this convention to the Contracting Parties; C) performing the functions established by the executive body.

AMENDMENTS TO THE CONVENTION

Article 12

1.any contracting party may propose amendments to this convention. 2.the texts of the proposed amendments shall be submitted in writing to the Executive Secretary of the European Economic Commission, who shall send them to all Contracting Parties. The executive body shall discuss the proposed amendments at its next Annual Meeting, provided that such amendments are sent to the Contracting Parties at least ninety days prior to this by the Executive Secretary of the European Economic Commission. 3. The amendment to these conventions shall be adopted on the basis of a consensus by representatives of the Contracting Parties and shall enter into force for the Contracting Parties that have adopted it on the ninetieth day following the date of deposit by two-thirds of the Contracting Parties of their acceptance documents to the depositary. Subsequently, this amendment shall enter into force for any other Contracting Party on the ninetieth day after this Contracting Party has deposited its document on the adoption of this amendment.

DISPUTE SETTLEMENT

Article 13

If a dispute arises between two or more Contracting Parties to this convention regarding the interpretation or application of the convention, they seek a solution by negotiation or other method of dispute settlement applicable to the parties in the dispute.

TO SIGN

Article 14

1. In accordance with Paragraph 8 of resolution 36 (IV) of the economic and Social Council of 28 March 1947, the member states of the European Economic Commission and the sovereign states of the member states of the European Economic Commission and shall negotiate on matters covered by this convention, it was open for signing at the United Nations Office in Geneva on November 13-16, 1979, in connection with the holding of a high-level meeting on environmental protection within the framework of the European Economic Commission by regional economic integration organizations with competence in the conclusion and application of international agreements. 2.such regional economic integration organizations shall, on their own behalf, exercise the rights and obligations established by this convention for the member states in matters falling within their competence. In such cases, the member states of these organizations do not exercise such rights privately.

RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article 15

1.this convention shall be subject to ratification, adoption or ratification. 2.this convention has been open for accession by the states and organizations referred to in Article 14, paragraph 1, since November 17, 1979. 3.documents of ratification, acceptance, approval or accession shall be deposited with the secretary-general of the United Nations, which performs the functions of the depository.

ENTRY INTO FORCE

Article 16

1. This Convention shall enter into force on the ninetieth day following the date of deposit of the twenty-fourth instrument of ratification, acceptance, approval or accession. 2. For each Contracting Party ratifying, accepting, approving or acceding to this Convention after the deposit of the twenty-fourth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by such Contracting Party of its instrument of ratification, acceptance, approval or accession. joining.

Exit

Article 17

At any time after five years from the date of entry into force of this convention in respect of one or another Contracting Party, this Contracting Party may withdraw from the convention by submitting written notification of it to the depositary. Withdrawal from any such Convention shall enter into force on the ninetieth day following the date of receipt of the notification by the depositary.

ORIGINAL TEXTS

Article 18

The original of this Convention, in which the English, French and Russian texts are authentic, shall be deposited with the Secretary-General of the United Nations. The signatories below, duly authorized to certify this, have signed this convention. One thousand nine hundred and seventy-ninth was made in Geneva on the thirtieth of November.

The Republic Of Kazakhstan

President

Republic of Kazakhstan

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