BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

Catchment area
solved by HELCOM but data on the condition of that
particular strip of water has been deficient.
Article 1 of the 1992 convention remedies this situation
by explicitly including the internal waters in the
convention area. It is left for the contracting parties
themselves to define the landward limit of the internal
waters. The conference felt, however, that all contracting
parties shall apply basically similar principles when
defining the landward limit and initiated joint
preparation of these principles. The work has been
completed and guidelines are now available.
It seems that the question of geographical application was
neatly solved by including the internal waters in the
convention area. Let us take a closer look.
HELCOM already some years ago adopted the principle the
measures shall be taken also in the catchment-area of the
Baltic Sea, that is within the land area from which rivers
flow to the Baltic Sea. This principle is now written in
article 6, paragraph 1, last sentence. The article spells
out principles and obligations concerning pollution from
land-based sources. I quote . "The relevant measures to
this end shall be taken by each Contracting Party in the
catchment area of the Baltic Sea without prejudice to its
sovereignty" unquote. In the new convention the principle
has gained the status of a legal obligation while at
present, under the 1974 convention, it is a HELCOM
recommendation and from a legal point of view has a much
lower status.
It is clear that even without an explicit provision in the
convention or a recommendation measures must be taken on
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