I. Introduction:
(1)Working Group on Legal Matters (hereinafter referred as to “WGLM”) conducted its work on the bases of its Terms of Reference, adopted in Budapest, on 9th June 2004 and approved by the plenary delegations in Győr, on 3rd March 2005. Terms of Reference are contained in the Annex I of this Report.
(2)Dr. István Gerelyes and Dr. Metod Špaček acted as Heads of the Hungarian and Slovak Part of the WGLM respectively.
(3)The WGLM held (three) plenary meetings. In Bratislava, on 27th' April 2005, in Bratislava on 1st February 2006 (and) in Budapest on 27 February 2006. A procedural meeting of the Heads of the WGLM was held in Budapest on ...... July 2005. Agreed Minutes from Meetings are contained in Annexes II, III and IV of this Report.
(4) The WGLM is a readily available working body for the negotiations of the Parties on legal issues. The mandate of the WGLM was set in Part III, paragraphs a) to f) of its Terms of Reference.
II. Procedure:
(5)WGLM conducted its negotiation in accordance with Agenda prepared for each meeting. WGLM was ready to consider any legal question arising out of the work of other two working groups or the meeting of the governmental delegations and upon request examine legal aspects of proposed solutions.
(6)Delegations discussed the mandate of the Hungarian delegation given by the resolution of the Hungarian Government No.: 1139/2004. The Slovak delegation expressed its reservation that this resolution substantially limited the scope of the Hungarian delegation's mandate to negotiate possible technical solutions.
(7)Upon a request from the Hungarian Party, the WGLM examined the question of applicability of the European Community Law in the negotiations on the implementation of the ICJ Judgment. In this respect, the Hungarian delegation presented two studies, namely a study on the applicability of the Environmental EC Law and a study on the applicability of the EC Law in the field of Energy and Transport Policy.
(8)With the view to identify other applicable sources of international law besides the main sources: the Treaty on the Gabčíkovo-Nagymaros Project of 1977 and the Judgment of the International Court of Justice of 25 September 1997, the Slovak delegation presented a tentative list that was further discussed and amended.
(9)Upon a request from the WG on Economy, considered the common position on the binding nature of existing legal instruments with regard to the fairway parameters of the Danube between Bratislava and Budapest.
(10)The WGLM has not received any other request from the other working groups or the governmental delegations. No technical solution has been proposed yet by the Working Group on Water Management, Environmental Protection, Navigation and Energy Production.
III. Conclusions:
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.
Delegations have agreed that the Treaty on the Gabčíkovo-Nagymaros Project of 1977 and the Judgment of the International Court of Justice of 1997 are the main legal sources of the negotiations. Delegations further agreed on a list of international legal instruments that also may be applicable for the negotiations. The list is contained in Annex V of this Report.
Delegations have agreed that technical solutions proposed should be in conformity with the applicable European Community law. WGLM decided to submit Hungarian studies on the applicability of the EC law to the two other working groups in order to be used in their work.
[Paragraph on the fairway parameters]
[Paragraph on the legal framework for joint management of the hydroelectric system]
Since no technical solution was proposed, the WGLM was not in a position to prepare, at this stage, the international implementation legal framework, nor to examine the legal aspects of the technical solutions.
IV. Recommendations: