Editorial note

The Convention on the Transboundary Effects of Industrial Accidents, adopted under the auspices of the UNECE, is intended to regulate State and other actions relating to ‘industrial accidents’ capable of causing transboundary harm (Article 1). Not all ‘industrial accidents’ are covered by the Convention: nuclear accidents, accidents at military installations, dam failures and others are excluded (Article 2(2)).

The Convention requires each Party to identify all ‘hazardous activities’ (defined in Article 1(b) as activities where a hazardous substance in quantities equal or greater to that specified in Annex I is present and capable of causing transboundary effects) within its jurisdiction and to notify other Parties which may be affected by it (Article 4(1)). Compulsory consultation between concerned Parties is provided for at the request of any such Party to determine whether an activity is hazardous and capable of causing transboundary effects (Article 4(2)). In the event of disagreement on this issue, Parties may resort to the inquiry procedure set out in Annex II (Article 4(2)). Similarly, Parties can agree to treat any other activity not covered by Annex I as a ‘hazardous activity’, whereupon the relevant obligations of the Convention apply (Article 4(5)). Parties are further required to take ‘appropriate measures’ to prevent industrial accidents and Annex IV provides guidance for such measures (Article 6(1)). Siting decisions for hazardous activities must be taken with a view towards minimising transboundary adverse effects (Article 7).