ZAMCOM Procedures for Notification of Planned Measures.

The duty to notify is a legally binding international treaty obligation set out in Art. 16 of the Agreement establishing the Zambezi Watercourse Commission (ZAMCOM Agreement) as well as Art. 4 of the Revised SADC Protocol on Shared Watercourses. Pursuant to Article 16(1) of the ZAMCOM Agreement, it is the responsibility of a Member State(s) engaged in planning any programme, project or activity with regard to the Zambezi Watercourse which may adversely affect the Watercourse or any other Member State to notify the Secretariat and to provide all available data and information regarding such programme, project or activity. Part I of the Procedures highlights its legal basis and sets out the guiding principles; Part II contains the detailed procedural rules and processes for carrying out a notification process in practice. It is also about review of the content of notifications and follow-up processes, such as technical recommendations and dispute resolution. Where two or more Member States are engaged in planning such a programme, project or activity, they shall agree amongst themselves which of them has primary responsibility for notification. In the absence of such agreement all Member States will have individual responsibility for notification. Notification may be requested by the Commission but also by a Member State. Therefore, the review shall address, where relevant, the potential economic, social and environmental consequences of the planned programme, project or activity, having regard to the indicative list of factors set out in Article 13(3) of the ZAMCOM Agreement.