Minutes 

of the Meeting of the Working Group on Legal Matters of the delegations of the Government of the Slovak Republic and the Government of the Republic of Hungary on the implementation of the Judgement of the International Court of Justice in the Case

concerning the Gabčíkovo – Nagymaros Project held in Budapest on 27 February 2006

 

1.       The delegations of the Slovak Party and the Hungarian Party met in Budapest and held their third substantive negotiations after the approval of the Mandate of the Working Group on Legal Matters.

2.       The delegations were led by Dr. Metod ©paček and Dr. István Gerelyes respectively, and their composition was as follows:

Slovak delegation:

Hungarian delegation:

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. Ondrej Hoffman, interpreter

 

Dr. István Gerelyes, Deputy Director, International and EU Law Department, MFA

Dr. Árpád Prandler, Agent of Hungary before the ICJ

Dr. Boldizsár Nagy, expert, Law Faculty, ELTE University

Dr. Gábor Baranyai, expert, Ministry of Environment and Water Management

Dr. Péter Kalotai, International and EU Law Department, MFA

Mr. Pál Benyo, Territorial Department, interpreter

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 agreed on the following list of other applicable sources of international law besides the Treaty of 1977 and the 1997 Judgement of the ICJ:

I.               Convention on the navigation regime on the Danube, Belgrade 1948

II.             European agreement on main inland waterways of international importance, Geneva 1996

III.            Convention on wetlands of international importance especially as waterfowl habitat, Ramsar, 1971

IV.            Convention on environmental impact assessment in a transboundary context, Espoo 1991

V.              Convention on the protection and use of transboundary watercourses and international lakes, Helsinki 1992

VI.            Convention on cooperation for the protection and sustainable use of Danube river, Sofia 1994

VII.           Convention on access to information, public participation in decision-making and access to justice in environmental matters, Aarhus 1998

VIII.          Vienna Convention on the law of treaties, Vienna 1969

5.       There was no agreement to put on the list the following Treaties proposed by the Hungarian Party:

I.               Convention on the conservation of migratory species of wild animals, Bonn 23 June 1979

II.              Convention on the conservation of european wildlife and natural Habitats,  Bern 19 September 1979

III.             Convention on biological diversity, Rio de Janeiro 5 June 1992

6.       There was no agreement to put on the list the following Treaties proposed by the  Slovak Party:

I.                Agreement between the Government of the Republic of Hungary and the  Government of the Slovak Republic concerning certain  temporary technical measures and discharges in the Danube  and the Mosoni branch of the Danube, Budapest 19 April 1995

II.              Agreement between the Government of the Hungarian People's Republic  and the Government of the Czechoslovak Socialist Republic  on the regulation of water management issues on boundary  waters, Budapest 1976

7.       Delegations examined the possible response to the request of the WG on Economy with regard to the waterway and the fairway parameters of the Danube between Bratislava and Budapest. Acknowledging that parameters differ on the  impounded and the free flowing sections, they considered the following treaties  as binding:

I.                Convention on the navigation regime on the Danube, Belgrade 1948

II.              Agreement between the Government of the Hungarian People's Republic and the Government of the Czechoslovak Socialist Republic on the regulation of water management issues on boundary waters, Budapest 1976

III.            1977 Treaty on Gabčíkovo – Nagymaros Barrage system

IV.             European agreement on main inland waterways of international importance, Geneva 1996

8.       The Slovak delegation presented its first draft of the Report of the WGLM for the plenary delegations.

 

Done at Budapest on this 27th 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

 

1.         Adoption of agenda

2.         Identification of other applicable sources of international law - discussion

3.         Fairway parameters between Budapest and Bratislava by the prevailing international legal instruments – at the request from the WG on Economy

4.         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

5.         Dates, venues and draft agenda of next meetings of the WGLM

6.         Adoption and signing of the Agreed Minutes

Negotiation will be conducted in Slovak/Hungarian with translation. Agreed Minutes will be drawn in English.

The venue of negotiations will be at the MFA, 1047 Budapest, Nagy Imre tér 4.