1. In accordance with the relevant parts of this Convention the Contracting Parties shall apply the criteria for Best Environmental Practice and Best Available Technology described below.

2.

In order to prevent and eliminate pollution the Contracting Parties shall use Best Environmental Practice for all sources and Best Available Technology for point sources, minimizing or eliminating inputs to water and air from all sources by providing control strategies.

Regulation 2; Best Environmental Practice

1. The term "Best Environmental Practice" is taken to mean the application of the most appropriate combination of measures. In selecting for individual cases, at least the following graduated range of measures should be considered:

2.

provision of information and education to the public and to users about the environmental consequences of choosing particular activities and products, their use and final disposal;

the development and application of Codes of Good Environmental Practice covering all aspects of activity in the product's life;

mandatory labels informing the public and users of environmental risks related to a product, its use and final disposal;

availability of collection and disposal systems;

saving of resources, including energy;

recycling, recovery and re-use;

avoiding the use of hazardous substances and products and the generation of hazardous waste;

application of economic instruments to activities, products or groups of products and emissions;

a system of licencing involving a range of restrictions or a ban.

In determining in general or individual cases what combination of measures constitute Best Environmental Practice, particular consideration should be given to:

the precautionary principle;

the ecological risk associated with the product, its production, use and final disposal;

avoidance or substitution by less polluting activities or substances;

scale of use;

potential environmental benefit or penalty of substitute materials or activities;

advances and changes in scientific knowledge and understanding;

time limits for implementation;

social and economic implications.

Regulation 3; Best Available Technology

1.

The term "Best Available Technology" is taken to mean the latest stage of development (state of the art) of processes, of facilities or of methods of operation which indicate the practical suitability of a particular measure for limiting discharges.

2.

In determining whether a set of processes, facilities and methods of operation constitute the Best Available Technology in general or individual cases, special consideration should be given to:

comparable processes, facilities or methods of operation which have recently been successfully tried out; technological advances and changes in scientific knowledge and understanding;

the economic feasibility of such technology;

time limits for application;

the nature and volume of the emissions concerned;

non-waste/low-waste technology;

the precautionary principle.

Regulation 4; Future developments

It therefore follows that "Best Environmental Practice" and "Best Available Technology" will change with time in the light of technological advances and economic and social factors, as well as changes in scientific knowledge and understanding.

Annex III

Criteria and measures concerning the prevention of

pollution from land-based sources

Regulation 1; General provisions

In accordance with the relevant parts of this Convention the Contracting Parties shall apply the criteria and measures in this Annex in the whole catchment area and take into account Best Environmental Practice (BEP) and Best Available Technology (BAT) as described in Annex II.

Regulation 2; Specific requirements

1. Municipal sewage water shall be treated at least by biological or other methods equally effective with regard to reduction of significant parameters. Substantial reduction shall be introduced for nutrients.

2.

Water management in industrial plants should aim at closed water systems or at a high rate of circulation in order to avoid waste water wherever possible.

3.

4.

Industrial waste waters should be separately treated before mixing with diluting waters.

Waste waters continuing hazardous substances or other relevant substances shall not be jointly treated with other waste waters unless an equal reduction of the pollutant load is achieved compared to the separate purification of each waste water stream. The improvement of waste water quality shall not lead to a significant increase in the amount of harmful sludge.

5.

6.

Limit values for emissions containing harmful substances to water and air shall be stated in special permits.

Industrial plants and other point sources connected to municipal treatment plants shall use Best Available Technology in order to avoid hazardous substances which cannot be made harmless in the municipal sewage treatment plant or which may disturb the processes in the plant. In addition, measures according to Best Environmental Practice shall be taken.

7.

Pollution from fish-farming shall be prevented and eliminated by promoting and implementing Best Environmental Practice and Best Available Technology.

8. Pollution from diffuse sources, including agriculture, shall be eliminated by promoting and implementing Best Environmental Practice.

9. Pesticides use shall comply with the criteria established by the Commission.

Regulation 3; Principles for issuing permits for industrial plants

The Contracting Parties undertake to apply the following principles and procedures when issuing the permits referred to in Article 6, paragraph 3 of this Convention:

1.

The operator of the industrial plant shall submit data and information to the appropriate national authority using a form of application. It is recommended that the operator negotiates with the appropriate national authority concerning the data required for the application before submitting the application to the authority (agreement on the scope of required information and surveys).

At least the following data and information shall be included in the application:

General information

name, branch, location and number of employees.

Actual situation and/or planned activities

site of discharge and/or emission;

type of production, amount of production and/or processing;

production processes;

type and amount of raw materials, agents and/or intermediate products;

amount and quality of untreated wastewater and raw gas from all relevant sources (e.g. process water, cooling water);

treatment of wastewater and raw gas with respect to type process and efficiency of pretreatment and/or final treatment;

treated wastewater and raw gas with respect to amount and quality at the outlet of the pretreatment and/or final treatment facilities;

amount and quality of solid and liquid wastes generated during the process and the treatment of wastewater and raw gas;

treatment of solid and liquid wastes;

information about measures to prevent process failures and accidental spills;

present status and possible impact on the environment.

Alternatives and their various impacts concerning, e.g., ecological, economic and safety aspects, if necessary

2.

other possible production processes;

other possible raw materials, agents and/or intermediate products;

other possible treatment technologies.

The appropriate national authority shall evaluate the present status and potential impact of the planned activities on the environment.

3.

The appropriate national authority issues the permit after comprehensive assessment with special consideration of the above mentioned aspects. At least the following shall be laid down in the permit:

characterizations of all components (e.g. production capacity) which influence the amount and quality of discharge and/or emissions;

limit values for amount and quality (load and/or concentration) of direct and indirect discharges and emissions;

instructions concerning:

construction and safety;

production processes and/or agents;

operation and maintenance of treatment facilities;

recovery of materials and substances and waste disposal;

type and extent of control to be performed by the operator (self-control);

measures to be taken in case of process failures and accidental spills;

analytical methods to be used;

schedule for modernization, retrofitting and investigations done by the operator;

schedule for reports of the operator on monitoring and/or self-control, retrofitting and investigation

measures.

4. The appropriate national authority or an independent institution authorized by the appropriate national authority shall:

inspect the amount and quality of discharges and/or emissions by sampling and analysing;

control the attainment of the permit requirements;

arrange monitoring of the various impacts of wastewater discharges and emissions into the atmosphere;

review the permit when necessary.

Annex IV

Prevention of pollution from ships

Regulation 1; Co-operation

The Contracting Parties shall, in matters concerning the protection of the Baltic Sea Area from pollution by ships, co-operate:

a)

b)

within the International Maritime Organization, in particular in promoting the development of international rules, based, inter alia, on the fundamental principles and obligations of this Convention which also includes the promotion of the use of Best Available Technology and Best Environmental Practice as defined in Annex II;

in the effective and harmonized implementation of rules adopted by the International Maritime Organization.

Regulation 2; Assistance in investigations

The Contracting Parties shall, without prejudice to Article 4, paragraph 3 of this Convention, assist each other as appropriate in investigating violations of the existing legislation on anti-pollution measures, which have occurred or are suspected to have occurred within the Baltic Sea Area. This assistance may include but is not limited to inspection by the competent authorities of oil record books, cargo record books, log books and engine log books and taking oil samples for analytical identification purposes.

Regulation 3; Definitions

For the purposes of this Annex:

1.

"Administration" means the Government of the Contracting Party under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned.

"Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;

i)

dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter done at London on 29 December 1972; or

ii)

release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or

iii)

release of harmful substances for purposes of legitimate scientific research into pollution abatement or control.