Decreto n.º 23/2006, de 04 de Outubro de 2006
Decreto n.o 23/2006
de 4 de Outubro
Tendo Portugal assinado a Convençáo sobre os Efeitos Transfronteiriços de Acidentes Industriais em Helsínquia em 9 de Junho de 1992;
Considerando que a referida Convençáo visa, ao nível internacional, a prevençáo, preparaçáo e reacçáo a acidentes industriais passíveis de causar efeitos transfronteiriços, incluindo a reacçáo aos efeitos desses acidentes causados por desastres naturais e a cooperaçáo inter-nacional relativa a assistência mútua, investigaçáo e desenvolvimento, troca de informaçáo e troca de tecnologia na área de prevençáo e controlo de acidentes industriais:
Assim: Nos termos da alínea c) do n.o 1 do artigo 197.o da Constituiçáo, o Governo aprova a Convençáo sobre os Efeitos Transfronteiriços de Acidentes Industriais, adoptada em Helsínquia em 17 de Março de 1992, cujo texto, na versáo autenticada na língua inglesa, bem como a respectiva traduçáo em língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 8 de Junho de 2006. - José Sócrates Carvalho Pinto de Sousa - Diogo Pinto de Freitas do Amaral - Francisco Carlos da Graça Nunes Correia.
Assinado em 14 de Julho de 2006.
Publique-se.
O Presidente da República, ANÍBAL CAVACO SILVA.
Referendado em 17 de Julho de 2006.
O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.
CONVENTION ON THE TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS
Preamble The Parties to this Convention:
Mindful of the special importance, in the interest of present and future generations, of protecting human beings and the environment against the effects of industrial accidents;
Recognizing the importance and urgency of preventing serious adverse effects of industrial accidents on human beings and the environment, and of promoting all measures that stimulate the rational, economic and efficient use of preventive, preparedness and response measures to enable environmentally sound and sustainable economic development;
Taking into account the fact that the effects of industrial accidents may make themselves felt across borders and requires cooperation among States;
Affirming the need to promote active international cooperation among the States concerned before, during and after an accident, to enhance appropriate policies and to reinforce and coordinate action at all appropriate levels for promoting the prevention of, preparedness for and response to the transboundary effects of industrial accidents;
Noting the importance and usefulness of bilateral and multilateral arrangements for the prevention of, preparedness for and response to the effects of industrial accidents;
Conscious of the role played in this respect by the United Nations Economic Commission for Europe (ECE) and recalling, inter alia, the ECE Code of Conduct on Accidental Pollution of Transboundary Inland Waters and the Convention on Environmental Impact Assessment in a Transboundary Context;
Having regard to the relevant provisions of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Concluding Document of the Vienna Meeting of Representatives of the Participating States of the CSCE, and the outcome of the Sofia Meeting on the Protection of the Environment of the CSCE, as well as to pertinent activities and mechanisms in the United Nations Environment Programme (UNEP), in particular the APELL programme, in the International Labour Organisation (ILO), in particular the Code of Practice on the Prevention of Major Industrial Accidents, and in other relevant international organizations;
Considering the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, according to which States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;
Taking account of the polluter-pays principle as a general principle of international environmental law;Underlining the principles of international law and custom, in particular the principles of good-neighbourliness, reciprocity, non-discrimination and good faith:
have agreed as follows:
Article 1
Definitions
For the purposes of this Convention:
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«Industrial accident» means an event resulting from an uncontrolled development in the course of any activity involving hazardous substances either:
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In an installation, for example during manufacture, use, storage, handling, or disposal; or ii) During transportation in so far as it is covered by paragraph 2, d), of article 2;
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«Hazardous activity» means any activity in which one or more hazardous substances are present or may be present in quantities at or in excess of the threshold quantities listed in annex I hereto, and which is capable of causing transboundary effects; c) «Effects» means any direct or indirect, immediate or delayed adverse consequences caused by an industrial accident on, inter alia:
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Human beings, flora and fauna;
ii) Soil, water, air and landscape; iii) The interaction between the factors in i) and ii); iv) Material assets and cultural heritage, including historical monuments;
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«Transboundary effects» means serious effects within the jurisdiction of a Party as a result of an industrial accident occurring within the jurisdiction of another Party; e) «Operator» means any natural or legal person, including public authorities, in charge of an activity, e. g. supervising, planning to carry out or carrying out an activity;
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«Party» means, unless the text otherwise indicates, a Contracting Party to this Convention; g) «Party of origin» means any Party or Parties under whose jurisdiction an industrial accident occurs or is capable of occurring; h) «Affected Party» means any Party or Parties affected or capable of being affected by transboundary effects of industrial accidents; i) «Parties concerned» means any Party of origin and any affected Party; j) «The public» mean one or more natural or legal persons.
Article 2 Scope
1 - This Convention shall apply to the prevention of, preparedness for and response to industrial accidents capable of causing transboundary effects, including the effects of such accidents caused by natural disasters, and to international cooperation concerning mutual assistance, research and development, exchange of information and exchange of technology in the area of prevention of, preparedness for and response to industrial accidents.
2 - This Convention shall not apply to:
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Nuclear accidents or radiological emergencies;
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Accidents at military installations;
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Dam failures, with the exception of the effects of industrial accidents caused by such failures; d) Land-based transport accidents with the exception of:
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Emergency response to such accidents; ii) Transportation on the site of the hazardous activity;
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Accidental release of genetically modified organisms; f) Accidents caused by activities in the marine environment, including seabed exploration or exploitations; g) Spills of oil or other harmful substances at sea.
Article 3
General provisions
1 - The Parties shall, taking into account efforts already made at national and international levels, take appropriate measures and cooperate within the framework of this Convention, to protect human beings and the environment against industrial accidents by preventing such accidents as far as possible, by reducing their frequency and severity and by mitigating their effects. To this end, preventive, preparedness and response measures, including restoration measures, shall be applied.
2 - The Parties shall, by means of exchange of information, consultation and other cooperative measures and without undue delay, develop and implement policies and strategies for reducing the risks of industrial accidents and improving preventive, preparedness and response measures, including restoration measures, taking into account, in order to avoid unnecessary duplication, efforts already made at national and international levels.
3 - The Parties shall ensure that the operator is obliged to take all measures necessary for the safe performance of the hazardous activity and for the prevention of industrial accidents.
4 - To implement the provisions of this Convention, the Parties shall take appropriate legislative, regulatory, administrative and financial measures for the prevention of, preparedness for and response to industrial accidents.
5 - The provisions of this Convention shall not prejudice any obligations of the Parties under international law with regard to industrial accidents and hazardous activities.
Article 4
Identification, consultation and advice
1 - For the purpose of undertaking preventive measures and setting up preparedness measures, the Party of origin shall take measures, as appropriate, to identify hazardous activities within its jurisdiction and to ensure that affected Parties are notified of any such proposed or existing activity.
2 - Parties concerned shall, at the initiative of any such Party, enter into discussions on the identification of those hazardous activities that are, reasonably, capable of causing transboundary effects. If the Parties concerned do not agree on whether an activity is such a hazardous activity, any such Party may, unless the Parties concerned agree on another method of resolving the question, submit that question to an inquiry commission in accordance with the provisions of annex II hereto for advice.
7120 3 - The Parties shall, with respect to proposed or existing hazardous activities, apply the procedures set out in annex III hereto.
4 - When a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a...
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