1. The delegations of the Slovak Party and the Hungarian Party met in Bratislava and held their second substantive negotiations after the approval of the Mandate of the Working Group on Legal Matters. The agenda of the meeting is attached.
2. The delegations were led by Dr. Metod ©paček and Dr. István Gerelyes respectively, and their composition was as follows:
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Slovak delegation: |
Hungarian delegation: |
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Dr. Metod ©paček, Head of the Public International Law Division, MFA Dr. Drahoslav ©tefánek, Agent of Slovakia before the ICJ Dr. Luděk Krajhanzl, adviser of the MFA Dr. Eva ©urková, International Law Department, MFA Dr. Zoltán Hlavatý, technical expert Ing. Gabriel Jenčík, expert, Ministry of Environment Ing. Ondrej Hoffman, interpreter
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Dr. István Gerelyes, Deputy Director, International and EU Law Department, MFA Dr. Árpád Prandler, Agent of Hungary before the ICJ Dr. Boldizsár Nagy, expert, Faculty of Law, ELTE University, Budapest Dr. Péter Kalotai, International and EU Law Department, MFA Dr. Gábor Baranyai, expert, Ministry of Environment and Water Management Dr. László Bodnár, expert Faculty of Law, University of Szeged Mr. Pál Benyo, interpreter MFA |
3. The work of the Working Group is based on its Terms of Reference approved by the Governmental Delegations on 3 March 2005.
4. Delegations exchanged their views on the international legal framework of the implementation of the Judgment and obligations of the contracting parties arising out of it. Delegations have agreed on a two step approach in preparing the international legal framework, i.e. first, intergovernmental agreement outlining basic principles of the implementation of the Judgment and second, an amendment to the 1977 Treaty.
5. The Slovak delegation has studied the two studies presented in July 2005 by the Hungarian delegation on the application of European Community law and takes note of them. The delegations have agreed to submit these materials to the two other working groups in order to be used in their work.
6. In this connection the Slovak delegation presented its conclusion that the studies mentioned in paragraph 5 showed that there were no legal obstacles in the law of the European Community to consider any technical solution.
7. The Hungarian delegation presented its view that these studies adequately describe the applicable European Community law and the process that should be followed during the assessment of proposed technical solutions.
8. Both delegations are of the view that technical solutions proposed should be in conformity with the applicable Community law.
9. Delegations discussed a Tentative List of Further sources of international law presented in July 2005 by the Slovak delegation. The Hungarian delegation presented a list of additional legal instruments that in its view should be included into the tentative list. The Slovak delegation shall present its position on their relevance and the ratification status at the next meeting.
10. The WGLM decided to consider, at the request of the Economic WG, the position on the binding nature of existing legal instruments with regard to the fairway parameters of the Danube between Bratislava and Budapest. Delegations presented their preliminary views on this subject and identified possible relevant international legal instruments. Delegations agreed to continue with the consideration of this issue at the next meeting.
11. With regard to the future preparation of the Report of the WGLM for the Plenary of the Governmental Delegations, the delegations agreed that first drafts of the report shall be communicated between the heads of the WGLM. The report will be then discussed during the next meeting of the WGLM.
12. Delegations agreed that the next meeting of the Working Group would be held in Budapest on 27 February 2006.
Done at Bratislava on this 1st Day of February 2006 in two original copies in the English language.
In witness whereof the heads of the delegations signed the present Minutes.
Metod ©paček (signed) |
István Gerelyes (signed) |
for the Slovak Party |
for the Hungarian Party |
Draft Provisional Agenda of the meeting
of the Working Group on Legal Matters on 1 February 2006 in Bratislava
1. Adoption of agenda
2. International legal framework for the implementation of the Judgment and obligations of the contracting parties arising out of it – general exchange of views
3. Applicability of EU Law in negotiation – comments of the Slovak delegation on papers presented by the Hungarian delegation – further exchange of views
4. Identification of other applicable sources of international law (paper presented by the Slovak delegation) - discussion
5. Fairway parameters between Budapest and Bratislava by the prevailing international legal instruments – at the request from the WG on Economy
6. Other aspects of WGLM mandate – discussion on the preparation of the Report of the WGLM for the plenary of the Governmental delegations and on its scope and content in general
7. Dates, venues and draft agenda of next meetings of the WGLM
8. Adoption and signing of the Agreed Minutes
Negotiation will be conducted in Slovak/Hungarian with translation. Agreed Minutes will be drawn in English.