Article 12

12.1.4 Available technical data and information

The reference to ‘available’ technical data and information indicates that the state planning a measure is under no general obligation to conduct additional research at the request of a potentially affected watercourse state. It has to provide only the relevant data and information which has been gathered with regard to the planned measures and is readily accessible (see also Article 9– Regular exchange of data and information). In case a state which has been notified requests data or information that is not readily available, but is accessible only to the notifying state, it is deemed appropriate for the former to cover the expenses incurred in producing the additional material.274

However, as laid out in Article 31, the notifying state is not required to submit any data or information which is vital to its national defence or security.

274 1994 Draft Articles, Art 12 at 112, para 5.

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