PULP MILLS (JUDGMENT)
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“Article 7
If one party plans to construct new channels, substantially modify
or alter existing ones or carry out any other works which are liable
to affect navigation, the régime of the river or the quality of its
waters, it shall notify the Commission, which shall determine on a
preliminary basis and within a maximum period of 30 days whether
the plan might cause significant damage to the other party.
If the Commission finds this to be the case or if a decision cannot
be reached in that regard, the party concerned shall notify the other
party of the plan through the said Commission.
Such notification shall describe the main aspects of the work and,
where appropriate, how it is to be carried out and shall include any
other technical data that will enable the notified party to assess the
probable impact of such works on navigation, the régime of the river
or the quality of its waters.
Article 8
The notified party shall have a period of 180 days in which to
respond in connection with the plan, starting from the date on which
its delegation to the Commission receives the notification.
Should the documentation referred to in Article 7 be incomplete,
the notified party shall have 30 days in which to so inform, through
the Commission, the party which plans to carry out the work.
The period of 180 days mentioned above shall begin on the date
on which the delegation of the notified party receives the full documentation.
This period may be extended at the discretion of the Commission
if the complexity of the plan so requires.
Article 9
If the notified party raises no objections or does not respond
within the period established in Article 8, the other party may carry
out or authorize the work planned.
Article 10
The notified party shall have the right to inspect the works being
carried out in order to determine whether they conform to the plan
submitted.
Article 11
Should the notified party come to the conclusion that the execution of the work or the programme of operations might significantly
impair navigation, the régime of the river or the quality of its waters,
it shall so notify the other party, through the Commission, within
the period of 180 days established in Article 8.
Such notification shall specify which aspects of the work or the
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