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Environmental Citizens Organizations (ECOs) welcome the Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the Transboundary Effects of Industrial Accidents (hereinafter referred to as "the Protocol"). We very much appreciate the opportunity to be actively involved in elaboration of the texts of the Protocol and remain committed to participate in all stages of the process of its further development and implementation.
The Protocol is a welcome step towards furthering the polluter pays principle in international environmental law. It is aiming at establishing a standardised comprehensive regime for civil liability and for adequate ad prompt compensation for environmental damage throughout UNECE region.
Welcoming the Protocol we regret however that it is not as comprehensive as we consider it should be. The final text of the Protocol fails to cover with its regime the range of issues where standardised civil liability provisions are most needed: GMOs, viruses and bacteria have been left outside its scope. Moreover, the Protocol does not address sufficiently the so called "Aarhus principles". It does not provide for any clear rules concerning access to information, public participation and access to justice in matters falling within its scope. In particular it fails to provide obligations concerning active dissemination of information in case of industrial accident. It does not develop rights of those seeking in public interest the redress for environmental damage.
Despite its deficiencies, we call upon all governments to sign the Protocol at the Fifth Ministerial Conference "Environment for Europe" (Kyiv, Ukraine) and take necessary steps towards its earliest entry into force.
We hope that prospective parties and signatories to the Protocol will work to apply its provisions to the maximum extent possible pending its entry into force;
We call prospective parties and signatories to the Protocol to consider development of guidelines for governments to reduce practical constraints for citizens wishing to use the Protocol to be adopted at the first Meeting of Parties;
We call also prospective Parties and signatories to undertake steps to enable the first Meeting of Parties to review the Protocol to broaden its scope of application in particular to encompass the potential adverse impact from the accidental release of bacteria, viruses and GMOs.