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BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

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SECTION TC<br />

ENFORCEMENT MECHANISM OF NATIONAL IMPLEMENTATION OF HELCOM RECOMMEN-<br />

DATIONS<br />

Chem.eng. Emelie Enckell, National Board of Waters and the Environ-<br />

ment, Finland<br />

1. General<br />

The enforcement mechanism of national implementation of international<br />

regulations and recommendations vary from country to country depen-<br />

ding on national legislation, administration, structure of the<br />

society and economy and on cultural factors. Exchange of information<br />

on different systems gives good advice for the development at the<br />

national level and helps the cooperation at the international level.<br />

Concern about the national welfare, nature and recources is normally<br />

the main motive behind international agreements like the Helsinki<br />

Convention. Thus also the implementation of international recom-<br />

mendations will follow national needs and motives. Within one country<br />

policy instruments, administration and reporting systems for national<br />

and international activities should be integrated as far as possible.<br />

Naturally, the choice of enforcement mechanism is often bound to the<br />

nature and level of the international agreement. A new Convention<br />

usually provides for amendments in the national legislation and<br />

statutory orders while recommendations may be implemented by sta-<br />

tutory orders or Decisions by the Council of State (e.g. norms) or<br />

less binding but still effective control instruments.<br />

2. The importance of preparatory work and common engagement<br />

In Finland much attention is paid to the preparatory phase of a new<br />

international agreementor recommendation. <strong>No</strong>rmally this phase covers<br />

both investigations and negotiations, during which the involved<br />

parties like polluters, authorities and research institutes.have a<br />

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