REAFFIRMING the commitment to the aims and purposes of the Association of Southeast Asian Nations (ASEAN) as set forth in the Bangkok Declaration of 8 August 1967, in particular to promote regional co-operation in Southeast Asia in the spirit of equality and partnership and thereby contribute towards peace, progress and prosperity in the region,
RECALLING the Kuala Lumpur Accord on Environment and Development which was adopted by the ASEAN Ministers of Environment on 19 June 1990 which calls for, inter alia, efforts leading towards the harmonisation of transboundary pollution prevention and abatement practices,
RECALLING ALSO the adoption of the 1995 ASEAN Co-operation Plan on Transboundary Pollution, which specifically addressed transboundary atmospheric pollution and called for, inter alia, establishing procedures and mechanisms for co-operation among ASEAN Member States in the prevention and mitigation of land and/or forest fires and haze,
DETERMINED to give effect to the 1997 Regional Haze Action Plan and to the Hanoi Plan of Action which call for fully implementing the 1995 ASEAN Cooperation Plan on Transboundary Pollution, with particular emphasis on the Regional Haze Action Plan by the year 2001,
DESIRING to undertake individual and joint action to assess the origin, causes, nature and extent of land and/or forest fires and the resulting haze, to prevent and control the sources of such land and/or forest fires and the resulting haze by applying environmentally sound policies, practices and technologies and to strengthen national and regional capabilities and co-operation in assessment, prevention, mitigation and management of land and/or forest fires and the resulting haze,
1. “Assisting Party” means a State, international organisation, any other entity or person that offer and/or render assistance to a Requesting Party or a Receiving Party in the event of land and/or forest fires or haze pollution.Tagged terms: international cooperation
3. “Controlled burning” means any fire, combustion or smouldering that occurs in the open air, which is controlled by national laws, rules, regulations or guidelines and does not cause fire outbreaks and transboundary haze pollution.
6. “Haze pollution” means smoke resulting from land and/or forest fire which causes deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair or interfere with amenities and other legitimate uses of the environment.Tagged terms: air pollution
13. “Transboundary haze pollution” means haze pollution whose physical origin is situated wholly or in part within the area under the national jurisdiction of one Member State and which is transported into the area under the jurisdiction of another Member State.Tagged terms: long-range air pollution
The objective of this Agreement is to prevent and monitor transboundary haze pollution as a result of land and/or forest fires which should be mitigated, through concerted national efforts and intensified regional and international co-operation. This should be pursued in the overall context of sustainable development and in accordance with the provisions of this Agreement.Tagged terms: air pollution, international cooperation, monitoring
1. The Parties 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 and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment and harm to human health of other States or of areas beyond the limits of national jurisdiction.Tagged terms: area beyond national jurisdiction, no harm rule, sovereignty
2. The Parties shall, in the spirit of solidarity and partnership and in accordance with their respective needs, capabilities and situations, strengthen co-operation and co-ordination to prevent and monitor transboundary haze pollution as a result of land and/or forest fires which should be mitigated.Tagged terms: air pollution, international cooperation, monitoring, prevention
3. The Parties should take precautionary measures to anticipate, prevent and monitor tranboundary haze pollution as a result of land and/or forest fires which should be mitigated, to minimise its adverse effects. Where there are threats of serious or irreversible damage from transboundary haze pollution, even without full scientific certainty, precautionary measures shall be taken by Parties concerned.Tagged terms: air pollution, mitigation, precautionary principle, prevention
1. Co-operate in developing and implementing measures to prevent and monitor transboundary haze pollution as a result of land and/or forest fires which should be mitigated, and to control sources of fires, including by the identification of fires, development of monitoring, assessment and early warning systems, exchange of information and technology, and the provision of mutual assistance.Tagged terms: early warning system, environmental impact assessment, information exchange, international cooperation, monitoring, prevention, technology transfer
2. When the transboundary haze pollution originates from within their territories, respond promptly to a request for relevant information or consultations sought by a State or States that are or may be affected by such transboundary haze pollution, with a view to minimising the consequences of the transboundary haze pollution.Tagged terms: access to information, notification obligation
1. The ASEAN Co-ordinating Centre for Transboundary Haze Pollution Control, hereinafter referred to as “the ASEAN Centre”, is hereby established for the purposes of facilitating co-operation and co-ordination among the Parties in managing the impact of land and/or forest fires in particular haze pollution arising from such fires.Tagged terms: institution
2. The ASEAN Centre shall work on the basis that the national authority will act first to put out the fires. When the national authority declares an emergency situation, it may make a request to the ASEAN Centre to provide assistance.
1. Each Party shall designate one or more Competent Authorities and a Focal Point that shall be authorised to act on its behalf in the performance of the administrative functions required by this Agreement.
2. Each Party shall designate one or more bodies to function as National Monitoring Centres, to undertake monitoring referred to in paragraph 1 above in accordance with their respective national procedures.
1. Each Party shall ensure that its National Monitoring Centre, at agreed regular intervals, communicates to the ASEAN Centre, directly or through its Focal Point, data obtained relating to fire prone areas, land and/or forest fires, the environmental conditions conducive to such land and/or forest fires, and haze pollution arising from such land and/or forest fires.
a. Developing and implementing legislative and other regulatory measures, as well as programmes and strategies to promote zero burning policy to deal with land and/or forest fires resulting in transboundary haze pollution;Tagged terms: national law
e. Promoting public education and awareness-building campaigns and strengthening community participation in fire management to prevent land and/or forest fires and haze pollution arising from such fires;Tagged terms: capacity building, public awareness, public participation
1. The Parties shall, jointly or individually, develop strategies and response plans to identify, manage and control risks to human health and the environment arising from land and/or forest fires and related haze pollution arising from such fires.
1. Each Party shall ensure that appropriate legislative, administrative and financial measures are taken to mobilise equipment, materials, human and financial resources required to respond to and mitigate the impact of land and/or forest fires and haze pollution arising from such fires.
1. If a Party needs assistance in the event of land and/or forest fires or haze pollution arising from such fires within its territory, it may request such assistance from any other Party, directly or through the ASEAN Centre, or, where appropriate, from other States or international organisations.
3. Each Party to which a request for assistance is directed shall promptly decide and notify the requesting Party, directly or through the ASEAN Centre, whether it is in a position to render the assistance requested, and of the scope and terms of such assistance.
4. Each Party to which an offer of assistance is directed shall promptly decide and notify the assisting Party, directly or through the ASEAN Centre, whether it is in a position to accept the assistance offered, and of the scope and terms of such assistance.
5. The requesting Party shall specify the scope and type of assistance required and, where practicable, provide the assisting Party with such information as may be necessary for that Party to determine the extent to which it is able to meet the request. In the event that it is not practicable for the requesting Party to specify the scope and type of assistance required, the requesting Party and assisting Party shall, in consultation, jointly assess and decide upon the scope and type of assistance required.
6. The Parties shall, within the limits of their capabilities, identify and notify the ASEAN Centre of experts, equipment and materials which could be made available for the provision of assistance to other Parties in the event of land and/or forest fires or haze pollution resulting from such fires as well as the terms, especially financial, under which such assistance could be provided.
1. The requesting or receiving Party shall exercise the overall direction, control, co-ordination and supervision of the assistance within its territory. The assisting Party should, where the assistance involves personnel, designate in consultation with the requesting or receiving Party, the person or entity who should be in charge of and retain immediate operational supervision over the personnel and the equipment provided by it. The designated person or entity should exercise such supervision in co-operation with the appropriate authorities of the requesting or receiving Party.
2. The requesting or receiving Party shall provide, to the extent possible, local facilities and services for the proper and effective administration of the assistance. It shall also ensure the protection of personnel, equipment and materials brought into its territory by or on behalf of the assisting Party for such purposes.
1. The requesting or receiving Party shall accord to personnel of the assisting Party and personnel acting on its behalf, the necessary exemptions and facilities for the performance of their functions.
2. The requesting or receiving Party shall accord the assisting Party exemptions from taxation, duties or other charges on the equipment and materials brought into the territory of the requesting or receiving Party for the purpose of the assistance.
1. In order to increase the preparedness for and to mitigate the risks to human health and the environment arising from land and/or forest fires or haze pollution arising from such fires, the Parties shall undertake technical co-operation in this field, including the following:
d. Provide or make arrangements for relevant training, education and awareness-raising campaigns, in particular relating to the promotion of zero-burning practices and the impact of haze pollution on human health and the environment;
The Parties shall individually or jointly, including in co-operation with appropriate international organisations, promote and, whenever possible, support scientific and technical research programmes related to the root causes and consequences of transboundary haze pollution and the means, methods, techniques and equipment for land and/or forest fire management, including fire fighting.
1. A Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the Secretariat not later than one year after the entry into force of this Agreement. Thereafter, ordinary meetings of the Conference of the Parties shall be held at least once every year, in as far as possible in conjunction with appropriate meetings of ASEAN.
d. Ensure the necessary co-ordination with other relevant international bodies and in particular to enter into administrative arrangements as may be required for the effective discharge of the Secretariat functions; and
2. The text of any proposed amendment shall be communicated to the Parties by the Secretariat at least six months before the Conference of the Parties at which it is proposed for adoption. The Secretariat shall also communicate proposed amendments to the signatories to the Agreement.
4. Amendments to this Agreement shall be subject to acceptance. The Depositary shall circulate the adopted amendment to all Parties for their acceptance. The amendment shall enter into force on the thirtieth day after the deposit with the Depositary of the instruments of acceptance of all Parties.
1. Annexes to this Agreement shall form an integral part of the Agreement and, unless otherwise expressly provided, a reference to the Agreement constitutes at the same time a reference to the annexes thereto.
5. Annexes to this Agreement and amendments to Annexes shall be subject to acceptance. The Depositary shall circulate the adopted Annex or the adopted amendment to an Annex to all Parties for their acceptance. The Annex or the amendment to an Annex shall enter into force on the thirtieth day after the deposit with the Depositary of the instruments of acceptance of all Parties.
This Agreement shall be subject to ratification, acceptance, approval or accession by the Member States. It shall be opened for accession from the day after the date on which the Agreement is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. For each Member State ratifying, accepting, approving or acceding to the Agreement after the deposit of the sixth instrument of ratification, acceptance, approval or accession, the Agreement shall enter into force on the sixtieth day after the deposit by such Member State of its instrument of ratification, acceptance, approval or accession.
1. Establish and maintain regular contact with the respective National Monitoring Centres regarding the data, including those derived from satellite imagery and meteorological observation, relating to:
4. Facilitate co-ordination among the Parties, other States and relevant organisations in taking effective measures to mitigate the impact of land and/or forest fires or haze pollution arising from such fires.
5. Establish and maintain a list of experts from within and outside of the ASEAN region who may be utilised when taking measures to mitigate the impact of land and/or forest fires or haze pollution arising from such fires, and make the list available to the Parties.
6. Establish and maintain a list of equipment and technical facilities from within and outside of the ASEAN which may be made available when taking measures to mitigate the impact of land and/or forest fires or haze pollution arising from such fires, and make the list available to the Parties.
7. Establish and maintain a list of experts from within and outside of the ASEAN region for the purpose of relevant training, education and awareness-raising campaigns, and make the list available to the Parties.
8. Establish and maintain contact with prospective donor States and organisations for mobilising financial and other resources required for the prevention and mitigation of land and/or forest fires or haze pollution arising from such fires and preparedness of the Parties, including fire-fighting capabilities.
11. Establish and maintain an information referral system for the exchange of relevant information, expertise, technology, techniques and know-how, and make it available to the Parties in an easily accessible format.