Príloha č. 5 k Zápisnici
z rokovania vládnych delegácií
konaného v Budapešti 19. decembra 2006
The Slovak Republic and the Republic of Hungary (hereinafter referred to as “the Parties”),
Committed to implement the Judgment of the International Court of Justice of 25 September 1997 in the case Gabčíkovo - Nagymaros Project (hereinafter referred to as “the Judgment”) in its entirety and in good faith,
Desirous to give effect to the results of the negotiations under Article 5 of the Special Agreement for submission to the International Court of Justice of the differences concerning the Gabčíkovo- Nagymaros Project, signed at Brussels on 7 April 1993 (hereinafter referred to as “the Special Agreement”),
Reaffirming their commitments enshrined in the Treaty between the Slovak Republic and the Republic of Hungary on Good Neighborliness and Friendly Cooperation, signed at Paris on 19 March 1995,
Desirous to ensure achievement of the objectives of the Treaty between the Czechoslovak Socialist Republic and the People’s Republic of Hungary concerning the construction and operation of the Gabčíkovo – Nagymaros System of Locks of 16 September 1977 (hereinafter referred to as “the 1977 Treaty”) on the Danube River section between Bratislava and Budapest,
Having in mind that the full implementation of the Judgment shall be carried out in several steps, of which the present Agreement is the first,
Bearing in mind their international legal obligations including bilateral and multilateral treaties in force between the Parties and rules of customary international law,
Bearing in mind also their legal obligations arising out of their membership in the European Union,
Taking due note of the decision of the Government of the Republic of Hungary not to negotiate with the Slovak Party about the building the Nagymaros step according to the original project,
Considering that Hungary does not intend to utilize its hydropotential from the Danube River and that Slovakia shall benefit from a substantial part of 2,980 GWh projected annual energy production of the Gabčíkovo power plant,
Affirming the need to seek for a solution in accordance with the principle of sustainable development that the requirements of economic sufficiency should be subject to the principle of precaution,
Have agreed as follows:
Article I
Purpose of the Agreement
The purpose of the present Agreement is to give effect to the Judgment and provide for a temporary legal and technical régime in the section of the Danube between Bratislava and Budapest and achieve provisionally the objectives of the 1977 Treaty as much as possible.
The purpose of the Agreement is also to set up a mechanism to fulfill the obligation of Parties to achieve the objectives of the 1977 Treaty permanently.
Article II
Implementation of the Judgment
Parties accept the Judgment as final and binding upon them. Parties shall establish in this Agreement basic principles as are necessary to give immediate effect to the Judgment. The Parties recognize that a further Treaty shall be concluded between Parties to amend the 1977 Treaty (hereinafter referred to as “the Supplementary Treaty”).
This Agreement temporarily provides for the obligations of the Parties with regard to the 1977 Treaty.
In accordance with the Judgment, the Supplementary Treaty shall ensure the achievement the objectives of the 1977 Treaty in the light of the prevailing situation.
Parties shall jointly conduct Strategic Environmental Assessment of various plans and solution proposals in accordance with the Strategic Environmental Assessment Directive of the European Parliament and the Council (2001/42/EC) at both Bratislava – Sap and Sap – Budapest sections to identify the most suitable single solution to achieve the objectives of the 1977 Treaty.
The process conducted under the previous paragraph shall be followed by a joint Environmental Impact Assessments in accordance with the Environmental Impact Assessment Directive of the Council (85/337/EEC).
After the identification of the most suitable single solution under the paragraph 4, the Parties shall proceed with the negotiation of the provisions of the Supplementary Treaty. Supplementary Treaty shall implement the identified solution and reflect any modification to the 1977 Treaty necessary to achieve its objectives.
Article III
Suspension of performance of certain obligations of Parties
All obligations of performance and works not realized in accordance with the 1977 Treaty shall be temporarily suspended while the present Agreement is in force.
Article IV
Čunovo step
Čunovo step consists of the following existing installations in the Slovak territory:
Dividing dyke linking the structures at the left side of the Danube and listed in following sub-paragraphs to the right side of the headrace canal along the section of rkm 1842 to 1851.75;
By-pass weir;
Dam closing the Danube riverbed;
Ship lock;
Central spillway weir;
Damming part of the hydropower station;
Floodplain weir (weir in the inundation);
Intake structure to the Mosoni branch of the Danube;
Connecting dyke.
Parties agree that the objectives of the 1977 Treaty on the Danube section between Bratislava and Sap shall be achieved through joint operation of the Čunovo step. Those installations of the Čunovo step serving the interests and aims of both Parties shall be considered as joint investment within the meaning of the 1977 Treaty. Technological part of Čunovo hydropower station shall be considered a national investment of the Slovak Party.
Article V
Production of energy
Production of energy shall be realized in the Gabčíkovo hydropower plant.
Slovak Party is entitled to a share of energy from the Gabčíkovo hydropower station that equals the Slovak hypothetical share of energy from the Gabčíkovo – Nagymaros System based on its share on hydro potential of the Danube River.
Production of energy is without prejudice to minimal water discharges to the old Danube riverbed and the Mosoni branch of the Danube agreed upon in the 1995 Agreement between the Government of the Slovak Republic and the Government Republic of Hungary concerning Certain Temporary Technical Measures and Discharges in the Danube and the Mosoni Branch of the Danube.
Article VI
Flood protection and ice discharge
Flood protection and ice discharge in the section of the Danube between Bratislava and Sap shall be realized by appropriate utilization of the old riverbed of the Danube, floodplain, side arms and the by-pass canal. Flood protection dykes shall be further improved along this section as necessary.
Parties shall be responsible to ensure flood protection of their territories on the section of Danube bellow Sap by its own means and in accordance with agreed responsible criteria.
Article VII
Maintenance of the old Danube riverbed
Hungarian Party shall be responsible for bearing the costs of improvement of the old riverbed of the Danube between r.kms 1851 and 1811 in the joint Slovak – Hungarian section.
Flood protection related maintenance of the old Danube riverbed shall be performed by the Parties in their own territory and on their own cost.
Article VIII
Navigation
Navigation in the Danube section between Bratislava and Sap shall be realized in the reservoir and by-pass canal.
It shall be the responsibility of the Hungarian Party to implement and maintain in the Danube section between Sap and Budapest on its own costs a reliable and durable water route line in accordance with its international obligations.
Article IX
Plenipotentiaries
Not later than two months after the entry into force of the present Agreement the Government of the Republic of Hungary shall re-appoint its Plenipotentiary for Construction and Operation of the Gabčíkovo – Nagymaros Project together with appropriate administration.
Government Plenipotentiaries shall agree on modalities of operation of the Project in accordance with this Agreement.
Article X
Special Obligations
While this Agreement remains in force, the Hungarian Party shall not proceed with the construction of any substantial water installation, including but not limited to a dam, in the section of the Danube between Sap and Budapest outside the scope and régime of the 1977 Treaty and without previous agreement with the Slovak Party.
While this Agreement remains in force, the Hungarian Party shall also refrain from any activities in the Danube between Sap and Budapest that could in the future in any way preclude achievement of the objectives of the 1977 Treaty, without previous agreement with the Slovak Party.
Article XI
Costs of maintenance
Parties undertake to bear the costs of the maintenance and operating
expenditures of the installations situated on their respective territories.
Article XII
Settlement of accounts and compensation of damages.
Settlement of accounts for the construction and operation of the works in accordance with the relevant provisions of the 1977 Treaty and related instruments shall be resolved, taking due account of such measures as will have been taken in accordance with the Supplementary Treaty, after the conclusion of the Supplementary Treaty.
Parties shall solve the issue of compensation of damages in
accordance with the Judgment and the 1977 Treaty in the Supplementary Treaty.
Article XIII
Settlement of disputes
Any differences between the Parties relating to this Agreement that the parties are not able to settle at plenipotentiary or diplomatic levels shall be jointly submitted for the settlement to the International Court of Justice.
Previous
paragraph is without prejudice to dispute settlement provisions of
any other treaties or agreements in force between the Parties,
including the Special Agreement.
Article XIV
Final Provisions
The present Agreement shall enter into force 30 days after both Parties notify each other the completion of all internal legal procedures required for entry into force of this Agreement.
Agreement shall remain in force until the Supplementary Treaty enters into force. If the Supplementary Treaty is not concluded or does not enter into force 10 years after entry into force of the present Agreement, the present Agreement shall cease to be in force, unless Parties agree otherwise.
Parties shall jointly inform the International Court of Justice on the conclusion of the present Agreement and to provide it with a copy of the Agreement in English.
Done in …..... on … in two original in Slovak, Hungarian and English languages. In case of differences or dispute English text shall prevail.