II. NATIONAL TASKS RELATED TO THE INTERNATIONAL CONVENTIONS
19. Convention on the transboundary effects of industrial accidents
(A) Main features of the legal instrument and the international organisation
A1. Basic data
Convention on the Transboundary Effects of Industrial Accidents
INTERNATIONAL
* Adoption: 17 March 1992
* Venue: Helsinki (Finland)
* Entry into force: 19 April 2000
* Organisation: UNECE
* Depositary: UN Secretary General
* Parties (1st quarter of 2006): 35 (incl. EC) HUNGARIAN
* Signature: 18 March 1992
* Ratification/approval: 2 June 1994 (approval)
* Entry into force: 19 April 2000
* Promulgation: 13 July 2001
A2. Objectives
The fundamental objective of the Convention is to prevent threats to large areas and transboundary environmental effects caused by industrial activities, to mitigate damages resulting from such accidents and to provide international assistance in connection with the preparation for such events and in the case of actual damage. The Parties formulate strategies and legislation to reduce the risk of industrial accidents and to increase the capabilities of protection against such accidents and their effects. The commitment covers the prevention of industrial accidents and disasters and, in the event of such an occurrence, averting or mitigating its harmful effects and exchanging information.
The Convention is aimed at preventing and mitigating direct or indirect, immediate or delayed, effects of all industrial activities which are harmful to human beings, to the natural environment, as well as to the built environment. The foundation of the Convention is the principle that potential and actual causers of the adverse effects should bear the burdens and take responsibility for the consequences of industrial accidents.
The implementation of the Convention has three major areas: disaster prevention, development of industrial safety and environmental protection.
A3. Specific commitments
According to the Convention, the Parties shall:
• develop and implement policies and strategies to prevent industrial accidents, to prepare for and avert them, and to ensure that the operators of hazardous activities take measures to reduce risks (Art. 3, Art. 6);
• ensure the notification of the neighbouring Parties of the proposed or existing hazardous activities (Art. 4.1), furthermore identify activities under their jurisdiction that are capable of causing transboundary effects (Art. 4.2);
• within the framework of their legal system, seek the establishment of policies on the siting of new hazardous activities and on significant modifications to existing hazardous activities (Art. 7);
• take appropriate measures to establish and maintain adequate emergency preparedness to respond to industrial accidents; to this end, the Parties shall prepare and implement on-site and off-on-site contingency plans that are compatible with the contingency plans of neighbouring countries (Art. 8);
• ensure that adequate information is given to the public in the areas that might be affected by an industrial accident and that the public is provided with the opportunity to participate in the relevant procedures, with equal access to and treatment in the relevant administrative and judicial proceedings (Art. 9);
• ensure that, in the event of an industrial accident, or imminent threat thereof, adequate response measures are taken (Art. 11) and co-operate in the event of an industrial accident to facilitate the prompt provision of assistance agreed to (Art. 12)
• develop the exchange of information and technology, as well as the scientific and technological co-operation for the purpose of preventing, preparing for and responding to industrial accidents (Art-s 14-16);
• designate/establish one or more competent authorities for the purposes of the Convention and notify the Parties of this designation and of any changes through the Secretariat (Art.
17); designate/establish a contact point for the purpose of industrial accident notifications, establish compatible and efficient industrial accident notification systems at appropriate levels and establish a contact point for the purpose of mutual assistance, with the consideration that Parties may provide assistance in cases of industrial accidents – at the request of the affected Party (Art. 10, Art. 12, Art. 17).
A4. Specific provisions applying to Hungary
The Convention contains no specific provisions implying tasks different from the general ones for any group of countries, including Hungary.
A5. Financial and facilitating mechanisms
The costs of the administrative tasks related to the Convention are covered by the UNECE budget. Some developed Parties and the EU support the countries with an economy in transition by voluntary contribution. The Conference of the Parties at its third meeting held in Budapest on 27-30 October 2004 adopted an assistance programme for the East European, Caucasian and Central Asian and the South-East European countries to enhance their efforts in the implementation of the Convention. The Czech Republic, Italy, Netherlands, Norway, Poland, Slovenia and Switzerland contributed by financial resources to assist this programme.
A6. Further development of the legal instrument
The outstanding pollutions that have occurred in the last decades, especially the cyanide and heavy metal pollution of the Tisza and Szamos rivers in 2000, directed the international attention towards the issue of responsibility for the prevention of transboundary environmental effects and for the damage caused by them and also towards the need for an adequate legal framework and the increase of the effectiveness in the enforcement of rights.
According to the decision made jointly by the COP of the Convention and by the COP of the
Convention on Transboundary Watercourses (see 4), the Protocol on Civil Liability and Compensation was elaborated (see 4.b).
A7. The international organisation
The coordination of the implementation of the Convention and the fulfilment of its administrative tasks is carried out by the Geneva Secretariat operating in the framework of UNECE. The decision-making process of the Conference of the Parties (COP) is assisted by the Working Group on the implementation of the Convention.
(B) Adoption and implementation of the legal instrument in Hungary
B1. Adoption
Hungary signed the Convention on 18 March 1992 and ratified it on 2 June 1994. The Convention entered into force on 19 April 2000 and was promulgated in 2001.
B2. Implementation of the general objectives in Hungary
Since the Convention is of great importance for Hungary, Hungary makes all the efforts to meet all the obligations contained in this legal instrument. The implementation of certain provisions was already undertaken before the actual entry into force of the Convention (see below).
B3. Implementation of specific tasks in Hungary
• In 1995, Government Resolution 2408/1995 (XII. 20.) Korm. made provisions for the establishment of a National Centre for Industrial Accidents (Centre), which operates in the organisation of the Hungarian Disaster Prevention Directorate. MET and MEW also co-operate in the implementation of the Convention.
• The provisions of the Convention are implemented parallel to Council Directive 96/82/EC (Seveso II Directive) on the control of major hazards of accidents related to dangerous substances. The regulations of the Convention on the prevention of, preparedness for and response to industrial accidents appeared in Chapter IV of the 1999 disaster prevention law and in the Government Decree adopted in January 2001.
• In order to ensure the fulfilment of tasks related to industrial accident notification and mutual assistance, a point of contact was designated, which is operated by the National Directorate General for Disaster Management through the Dispatcher Service of the Hungarian Disaster Prevention Directorate.
• Hazardous activities had to be identified within two years following the entry into force of the Convention. Because of the introduction schedule of Council Directive 96/82/EC on the control of major-accident hazards related to dangerous substances, the identification could only take place after issuing and examining the safety reports and analyses.
• Neighbouring Parties exchange information on prevention, preparedness and response. In preparing off-site contingency plans and public information materials, in licensing processes of the siting of new installations, and in country planning processes, the Parties take into consideration the hazardous effects of the industrial facilities near the borders.
The implementation of these tasks is carried out on the basis of the bilateral disaster prevention and assistance agreements, on the basis of the border-region co-operation agreements between the disaster-prevention authorities and with the assistance of the interministerial joint committees and environment protection conventions. The Disaster
Prevention Directorates in counties situated along the border take into consideration the hazardous effects of near-border facilities in the preparation of their off-site contingency plans and public information materials, in the licensing processes of the siting of new installations and in country planning processes.
• In order to fulfil the obligations of the Protocol on Civil Liability and Compensation (see 4.b) several legal harmonisation, regulation and administration measures need be taken that are primarily coordinated by MEW.
• It is obligatory to submit reports on the implementation of the Convention: the deadline for the first report was 31 March 2002 and 31 January 2004 for the second.
B4. Contribution to the financial funds --
B5. Participation in international programmes
Hungary takes part in the assistance programme described in section A5.
B6. Hungarian participation in the international organisation
Until the date of the Convention's entry into force, the Regional Coordination centre of UNECE was operating in Budapest. Following this, the activities of the Centre were taken over by the National Centres of the Parties. After the Convention’s entry into force, Pál Popelyák (Hungarian Disaster Prevention Directorate), the director of the National Centre was one of the vice-chairpersons of the Conference. At the 3rd session held in 2004 at Budapest, Lajos Kátai-Urbán was elected for one of the posts of vice-chairpersons.
B7. Coordination in Hungary
The Hungarian Disaster Prevention Directorate is responsible for the interministerial coordination of the tasks under the Convention as well for maintaining international relations.
(C) Legal instruments and other references
#2001: Government Decree 128/2001. (VII. 13.) Korm. on the promulgation of the Convention on the Transboundary Effects of Industrial Accidents set up in the framework of the UNECE, dated 17 March 1992
#2001: Government Decree 2/2001. (I. 17.) Korm. on the protection against severe accidents related to hazardous substances
#1999: Act LXXIV. of 1999. on the management and organisation of the protection against disasters and the protection against severe accidents related to hazardous substances
*2003: Kátai-Urbán L., 2003: Activities Related to the Transboundary Effects of Severe Industrial Accidents: Handbook on Industrial Safety (H: A súlyos balesetek országhatáron túli hatásaival kapcsolatos tevékenység. Ipari biztonsági kézikönyv (ed.
Bándi Gy.), KJK, pp. 297-305
*1999: Bándi Gy. (ed.), 1999: The Economic, Regulation and Management Conditions of the Implementation of the Seveso II Directive (H: A Seveso II. direktíva hazai megva-lósításának gazdasági, szabályozási és igazgatási feltételrendszere), Budapest, PPKE-JÁK
*1996: Faragó T. (ed.), 1996: Environmental Safety: UN Programmes and the Tasks for Hungary (H: Környezetbiztonság: az ENSZ programjai és a hazai feladatok).
Budapest, pp. 83
*1996: Faragó T., A. H. Lakosné (eds.), 1996: Approval and implementation of international conventions on environmental protection and nature conservation in Hungary. MERP, Budapest (also in H, 1995)
20. REDUCING THE ENVIRONMENTAL IMPACTS OF