Convention On The Protection Of The Rhine Against Pollution By Chlorides
Source: Unofficial Text
The Government of the Federal Republic of Germany, The Government of the French Republic, The Government of the Grand Duchy of Luxembourg, The Government of the Kingdom of the Netherlands and the Government of the Swiss Confederation,
Referring to the Agreement of April 29, 1963 concerning the International Commission for the Protection of the Rhine against Pollution,
Considering the present amount of chloride ions in the Rhine,
Aware of the damage that could result therefrom,
Referring to the findings and results of the Conference of Ministers on the Pollution of the Rhine, which took place at The Hague on October 25-26, 1972, during the course of which the desire was expressed to improve progressively the quality of the waters of the Rhine so that at the German-Netherlands border the chloride ion content will not be greater than 200 mg/l,
Have agreed on the following:
Article 1
1. The Contracting Parties will strengthen their co-operation for the purpose of fighting against the pollution of the Rhine by chloride ions on the basis, during an initial stage, of the provisions of this Convention.
2. Annex A to the Convention specifies what the Contracting Parties understand by the term "Rhine" for the purposes of the application of the aforementioned Convention.
Article 2
1. The discharge of chloride ions into the Rhine will be reduced by at least 60 kg/s of chloride ions (annual average). This objective will be achieved gradually and in French territory.
2. In order to achieve the objective indicated in the preceding paragraph, the French Government will, under the conditions set forth in Annex I of this Convention, install an injection system in the sub- soil of Alsace in order to reduce over a period of ten years the discharges from the Alsace Potassium Mines by an initial quantity of 20 kg/s of chloride ions. The installation shall be constructed as soon as possible, no later than 18 months after the entry into force of the Convention. The French Government will report regularly to the International Commission for the Protection of the Rhine against Pollution (herein-after designated "the International Commission").
3. The Contracting Parties are agreed that the French Government will after consideration of the results obtained during the initial stage described in paragraph 2, take all steps necessary to achieve before January 1, 1980 the objective set forth in paragraph 1, by injection into the Alsatian sub-soil or by other means, subject to an agreement on the technical terms and conditions of the project and on the financing of the costs relating thereto.
4. The French Government will present an over-all plan on the technical terms and conditions and the costs of the measures to be taken pursuant to paragraph 3.
Article 3
1. The Contracting Parties will take in their own territory, the necessary measures to prevent an increase in the amounts of chloride ions discharged into the Rhine basin. The national concentration figures are shown in Annex II.
2. An increase in the amounts of chloride ions from isolated discharges shall be admissible only to the extent that the Contracting Parties concerned will offset such concentration in their respective territories or if a general method of offsetting it is found within the framework of the International Commission. This provision shall not hinder the application of Article 6.
3. A Contracting Party may, in exceptional cases and for imperative reasons, after having requested the opinion of the International Commission, authorize an increase in concentration without immediately offsetting it.
4. The Contracting Parties will control all discharges of chloride ions greater than 1 kg/s in the basin of the Rhine in their territory.
5. Each Contracting Party will send an annual report to the International Commission which shall indicate as precisely as possible the increase in the chloride-ion concentration in the waters of the Rhine. This report shall be based on all significant data from pertinent national programs and shall distinguish discharges greater than 1 kg/s from other discharges. Should such a distinction be impossible to make, it must be reported to the International Commission.
6. The Annex mentioned previously in paragraph 1 as well as the maximum concentration of 1 kg/s of chloride ions shall be reviewed each year by the International Commission as the situation develops. If necessary, the International Commission shall propose changes in the Annex to the Governments.
Article 4
1. The French Government, on its own initiative or at the request of another Contracting Party may have the process of injection or resorption of chloride ions halted when there is evidence of serious danger to the environment and particularly to the water table.
2. The French Government, or any other requesting Party, will immediately inform the International Commission of the situation and will provide data on the extent and nature of the danger.
3. The French Government will immediately take the steps rendered necessary by the situation and will report them to the International Commission. When the situation is no longer considered dangerous, the chloride-ion injection or resorption process is to be resumed without delay.
4. The Contracting Parties will, at the request of one of them consult among themselves within the International Commission if the need for additional measures should arise.
Article 5
If the process of injection or resorption of chloride ions causes damage for which compensation cannot be guaranteed fully or in part by the constructors of the works or by third parties, the Contracting Parties will consult among themselves at the request of one among them regarding a possible contribution that may be paid to the French Government.
Article 6
The International Commission shall present to the Contracting Parties within four years of the entry into force of the Convention proposals concerning the means to achieve progressively a new chloride-ion concentration limitation over the entire course of the Rhine.
Article 7
1. The expenses resulting from injection as provided in Article 2 paragraph 2 and from the preparatory works will be assumed by the French Party.
2. The Contracting Parties mentioned below will contribute to the total cost of 132 million French francs by means of a lump sum payment, prorated as follows:
Federal Republic of Germany 30%
Kingdom of the Netherlands 34%
Swiss Confederation 6%
The payments shall be made no later than three months after the entry into force of this Convention.
3. The Contracting Parties will deliberate following the presentation of the over-all plan provided for in Article 2 (4) and at the request of the French Government, on the financing of the measures to be carried out in application of Article 2 (3) on the basis of the prorating given in paragraph 2 above. The costs of preliminary research particularly relating to studies and exploration, and, in addition, the unforeseen expenses not covered by the financing of the first stage shall likewise be included in the financing plan.
Article 8
The payments specified in Article 7 (2) shall be made in French francs to account No. 440-09/line 1 in the Central Accounting Agency of the French Treasury.
Article 9
When, following the entry into force of this Convention, the International Commission ascertains that at one of the measuring points the load and concentration of chloride ions shows a continuing tendency to increase, it shall request each contracting Party in whose territory the cause of this increase is located to take the necessary steps to halt it.
Article 10
1. If any difficulties should result from the application of Article 9, and a period of six months has gone by since such difficulties were noted by the International Commission, the latter, in order to present a report to the Governments, may call upon the services of an independent expert at the request of a Contracting Party.
2. The expenses relating to the inquiry, including the expert's fee, shall be divided among the Contracting Parties mentioned below, as follows:
Federal Republic of Germany two sevenths (2/7)
French Republic two sevenths (2/7)
Kingdom of the Netherlands two sevenths (2/7) Swiss Confederation one seventh (1/7)
The International Commission may, in certain cases, establish a different method for dividing the expenses.
Article 11
When a Contracting Party notes a sudden and sizeable increase in chloride ions in the waters of the Rhine or has knowledge of an accident that may seriously endanger the quality of those waters, it will report it without delay to the International Commission and to the Contracting Parties likely to be affected, according to a procedure to be established by the International Commission.
Article 12
1. Each Contracting Party concerned will be responsible at the appropriate measuring stations for the installation and operation of the measuring equipment and systems serving to check the concentration of chloride ions in the waters of the Rhine.
2. The chloride-ion concentrations shall be determined on the basis of the measurements carried out according to the recommendations of the International Commission.
3. The Contracting Parties will report to the International Commission regularly and at least every six months the results of the checks carried out pursuant to paragraph 1 above.
Article 13
Any dispute between the Contracting Parties regarding the interpretation or application of the present Convention that cannot be settled by negotiation shall, except when the Parties to the dispute decide otherwise, be subject, at the request of one of them, to arbitration in accordance with the provisions of Annex B . The latter, as well as Annexes A, I, and II, shall form an integral part of this Convention.
Article 14
Each Signatory Party will notify the Government of the Swiss Confederation of the execution of the procedures required for the entry into force of this Convention. It shall enter into force on the first day of the second month following receipt of the last notification.
Article 15
At the end of three years following its entry into force, this Convention may be denounced at any time by any of the Contracting Parties by means of a statement addressed to the Government of the Swiss Confederation. The denunciation shall take effect, for the denouncing Party, six months following receipt of the statement by the Government of the Swiss Confederation. This shall not have the effect of compromising the continued execution of tasks for which international financing has been obtained.
Article 16
The Government of the Swiss Confederation will inform the Contracting Parties of the date of receipt of any notification or statement received pursuant to Articles 14 and 15.
Article 17
1. If the April 29, 1963 Agreement concerning the International Commission for the Protection of the Rhine Against Pollution is denounced by one of the Parties to the aforementioned Agreement, the Contracting Parties will consult without delay on the measures necessary to ensure the continued execution of the tasks that, according to this Convention, are the responsibility of the International Commission.
2. If an agreement is not reached in the six months following the opening of discussions, each of the Contracting Parties may denounce this Convention at any time in accordance with Article 15, without waiting for the three-year period to elapse.
Article 18
This Convention, drawn up in a single copy in German, French and Dutch, the three texts being equally authentic, shall be deposited in the Archives of the Government of the Swiss Confederation which shall transmit a certified copy to each of the Contracting Parties.
Done at Bonn on December 3, 1976.
Annex A
For the purposes of this Convention, the Rhine begins at the outlet from the lower lake and includes the branches of the river up to the fresh-water limit from which its waters flow freely into the North Sea including the Ijssel up to Kampen.
The fresh-water limit is the area where at low tide and at a time when the discharge of fresh water is low, a sizeable increase in the chloride content is noted owing to the presence of sea water. This area is, for the Nieuwe Maas, 1000 kilometers downstream from the Constance Bridge over the Rhine. The other fresh-water limit points shall be established by the International Commission, bearing in mind the methods for determining the limit as defined above.
Annex B
ARBITRATION
1. Unless the parties to the dispute decide otherwise, the procedure for arbitration shall be conducted in accordance with the provisions contained in this annex.
2. The Arbitral Tribunal shall be composed of three members. Each of the parties to the dispute shall name an arbitrator and the two arbitrators thus appointed shall designate by common accord a third arbitrator, who will become the Chief Arbitrator of the Tribunal.
If at the end of two months following the designation of the second arbitrator the Chief Arbitrator of the Tribunal has not been designated, the President of the European Court of Human Rights shall, at the request of the most diligent party, appoint one within a new two-month period.
3. If, within two months following the receipt of the request referred to in Article 13 of the Convention one of the parties to the dispute does not appoint a member of the Tribunal, the other party may request the President of the European Court of Human Rights to appoint the Chief Arbitrator of the Arbitral Tribunal within a new two-month period. Upon his designation, the Chief Arbitrator of the Arbitral Tribunal shall request the party that has not named an arbitrator to do so within two months. If no action has been taken during that time, he shall then request the President of the European Court of Human Rights to make the appointment within a new two-month time limit.
4. If, in the cases referred to in the preceding paragraphs, the President of the European Court of Human Rights is unable to do so or if he is a national of one of the parties to the dispute, the designation of the Chief Arbitrator of the Arbitral Tribunal or the naming of an arbitrator shall fall to the Vice-President of the Court, or to the oldest member of the Court who is able to do so and who is not a national of one of the parties to the dispute.
5. The foregoing provisions shall apply according to the case, in order to fill seats that have become vacant.
6. The Arbitral Tribunal shall hand down a decision according to the rules of international law and, in particular, according to the provisions of this Convention.
7. The decisions of the Arbitral Tribunal, on procedure as well as on the merits of the case, shall be adopted by a majority vote of its members, the absence or abstention of one of the members of the tribunal designated by the parties not precluding a decision on the part of the Tribunal. In the event of a tie vote, the Chief Arbitrator's vote shall prevail. The decisions of the Tribunal shall be binding on the parties. The latter shall bear the expenses of the arbitrator they have designated and shall divide the other expenses equally among themselves. On other points, the Arbitral Tribunal itself shall decide the procedure it will follow.
Annex I
TECHNICAL FACTORS INVOLVED IN THE INSTALLATION OF THE INJECTION SYSTEM REFERRED TO IN ARTICLE 2, PARAGRAPH 2
The injection of residual brines into the sub-soil is to be made into a layer of limestone called "Great Oolite" at a depth of 1500 to 2000 m, to the southwest of Mulhouse.
Taking into account the studies and tests already made, injection is to be carried out by means of an installation which conforms to the following description:
1. A concentrated brine manufacturing plant located within the perimeter of the surface installations of the Amelie Mine and capable of supplying a volume of brine equivalent to 20 kg/s of chloride ions (annual average) ;
2. Watertight storage basins for concentrated brine and the waste water extracted;
3. A network of pipes to conduct the waste material from the basin to the injection wells, over a distance of approximately 10 km, with a corresponding pumping station located downstream from the waste storage basin;
4. Two new injection wells which, together with the Schweighouse well, will be equipped with a double system permitting the injection of brine either by simple gravity or by means of a pump;
5. Three extraction wells equipped with pumps sunk at great depth for extracting the waste water;
6. A network of pipes for carrying the extracted water over a distance of approximately 20 km from the extraction wells to the storage basin for such waters;
7. A remote-control network, required for conducting and supervising the operation. The operation of the installation includes the injection of chloride ions under the conditions provided for by the Convention, the supply of energy, and the maintenance and supervision of the underground reservoir.
Annex II
NATIONAL CONCENTRATIONS RESULTING FROM CHLORIDE-ION DISCHARGES GREATER THAN 1 KG/S IN DIFFERENT SECTIONS OF THE RIVER
Switzerland
River Section........Average (1)........Maximum (2)
Stein am Rhein-Kembs........10........-
Kembs - Seltz/Maxau........- ........-
Seltz/Maxau-Mainz........- ........-
Mainz-Braubach/Coblenz........- ........-
Braubach/Coblenz-Bimmen/Lobith........- ........-
Bimmen/Lobith-Rivermouth........10 ........-
France
River Section........Average (1)........Maximum (2)
Stein am Rhein-Kembs........- ........-
Kembs - Seltz/Maxau........130 (3)........-
Seltz/Maxau-Mainz........- ........-
Mainz-Braubach/Coblenz........- ........-
Braubach/Coblenz-Bimmen/Lobith........38 (4)........-
Bimmen/Lobith-Rivermouth........168 (3) ........-
Germany
River Section........Average (1)........Maximum (2)
Stein am Rhein-Kembs........- ........-
Kembs - Seltz/Maxau........4.2 ........4.2
Seltz/Maxau-Mainz........15.8 ........17.5
Mainz-Braubach/Coblenz........9.9 ........10.0
Braubach/Coblenz-Bimmen/Lobith........105 ........123.6
Bimmen/Lobith-Rivermouth........134.9 ........-
Netherlands
River Section........Average (1)........Maximum (2)
Stein am Rhein-Kembs........- ........-
Kembs - Seltz/Maxau........- ........-
Seltz/Maxau-Mainz........- ........-
Mainz-Braubach/Coblenz........- ........-
Braubach/Coblenz-Bimmen/Lobith........- ........-
Bimmen/Lobith-Rivermouth........- ........-
(1) Long-term average annual concentration after steps taken regarding discharges.
(2) Maximum admissible concentration (reached from time to time, for example at a time of increased flow).
(3) This value diminishes as the measures referred to in Article 2 are carried out.
(4) The chloride-ion discharges are modulated so that the concentration resulting from discharges greater than 1 kg/s of chloride ions does not exceed 400 mg/l of chloride ions at the Hauconcourt measuring station on the Moselle river. The indicated annual average load must not be exceeded.
