Decree of the Minister for Foreign Affairs No. 109 / 1978 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the construction and operation of the Gabčikovo Water Works System - Nagymaros
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Effective from 30.06.1978
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109
DECLARATION
Minister for Foreign Affairs
of 9 August 1978
on the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on the construction and operation of the Gabčíkovo-Nagymaros Water Works System
On 16 September 1977, the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on the construction and operation of the Gabčíkovo-Nagymaros Water Works System was signed in Budapest.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 30 June 1978.
Pursuant to Article 28 of the Treaty, the Treaty entered into force on 30 June 1978.
The Slovak version of the Treaty is hereby published simultaneously. *)
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Hungarian People's Republic on the construction and operation of the Gabčíkovo-Nagymaros Water Works System
the Czechoslovak Socialist Republic and the Hungarian People's Republic,
going out
in the common interest, to use the natural resources of the Danube in the Bratislava-Budapest section to develop water, energy, transport, agriculture and other sectors of the national economy of the Contracting Parties,
they realize,
that joint use of the Czechoslovak-Hungarian section The Danube will further deepen the brotherhood of the two states and will make a significant contribution to the implementation of the socialist integration of the Member States of the Council of mutual economic assistance, therefore
Decided
conclude a contract on the construction and operation of the Gabčíkovo-Nagymaros Water Works System and to this end appoint their agents:
President of the Czechoslovak Socialist Republic
Dr. Lubomír Štrougal,
Prime Minister of the Czechoslovak Socialist Republic,
The President
Lazára Györgye,
President of the Council of Ministers of the People's Republic of Hungary,
who, after exchanging their full powers which they found in good and proper form, have agreed:
CHAPTER I
SUBJECT MATTER OF THE TREATY
Joint investment
(1) The Contracting Parties shall build the Gabčíkovo-Nagymaros Water Works System (hereinafter referred to as the "Water Works System") as a joint investment remaining from Gabčíkovo Water Works and Nagymaros Water Works, which form a unified, indivisible operating system of objects.
(2) Gabčíkovo's water works consist of the following main objects:
(a) delay Hrušov-Dunakiliti in the Danube section on the river kilometre (hereinafter "økm") 1860-1842 with a maximum air level of 131,10 metres above the Baltic Sea (hereinafter "m n. B.") on the Czechoslovak and Hungarian territories,
b) eat Dunakiliti and the auxiliary lock on the rkm 1842 on Hungarian territory,
(c) the derivative channel (feed and waste channel) on the rkm 1842-1811 on the Czechoslovak territory,
(d) the degree on the derivative channel on the Czechoslovak territory, which remains from a hydropower plant with an installed power output of 720 MW, two lock rooms and accessories,
e) the modified old Danube trough on the rkm 1842 to 1811 on the common Czechoslovak-Hungarian section,
f) deepened and regulated river bed Danube on the rkm 1811-1791 on the common Czechoslovak-Hungarian section.
(3) The water work of Nagymaros consists of the following main objects:
(a) stalling and necessary protective objects in the Danube section of 1791- 1696,25 and in the inflows sections affected by air, built on the maximum air of 107,83 m n. B. on Czechoslovak and Hungarian territory,
(b) the degree per km 1696,25 on the Hungarian territory, which remains from the weir, hydropower plant with an installed output of 158 MW, two lock rooms and accessories,
(c) the deepened and regulated Danube trough on the Hungarian section of the Danube, in both its arms, at km 1696,25-1657.
(4) The concept of the Water Works System contains a common investment task. The detailed technical data of the Water Works System will be presented in a joint contract project drawn up under the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on the development of a joint contractual project of the Gabčíkovo-Nagymaros Water Works System signed in Bratislava on 6 May 1976 ("the Agreement ').
National investment
(1) Following a joint investment and in order to benefit from the possibilities of the Water Works System, the Contracting Parties may make national investments serving exclusively their own interests and objectives.
(2) The costs of national investment are borne in full by each Contracting Party.
(3) National investments must not adversely affect the results of the joint investment.
CHAPTER II
IMPLEMENTATION OF THE TREATY
(1) The Contracting Parties shall direct and control the work associated with the implementation of the joint investment and the performance of the tasks arising from the operation of the Water Works System through agents authorised by governments (hereinafter referred to as "government agents").
(2) Government officials shall establish appropriate permanent and temporary joint bodies in order to carry out their tasks and, pending the approval of a joint contractual project, shall determine the rules governing the organisation and activities of those bodies.
(3) The tasks of Agents of Governments are in particular:
(a) at the time of the joint investment:
1. to ensure that the construction of the Water Works System is carried out in the territories of the Contracting Parties in a coordinated manner and according to the approved joint contract project and construction timetable;
2. ensure control of works and supplies and coordination between the organisations of the Contracting Parties;
3. approve proposals for amendments to the technical solutions adopted in the joint contractual project;
4. examine the merits and scope of the extra costs arising from the circumstances referred to in Article 7;
5. ensure and approve the accounting and accounting of differences between works and supplies in the same proportion in the cases referred to in Article 7;
6. ensure the receipt of individual objects from the supplier organisations and their transmission to the relevant operational organisations;
(b) at the time of operation of the Water Works System:
1. establish and monitor compliance with the handling and operating rules of the Water Works System;
2. ensure that the tasks relating to the operation and maintenance and, where appropriate, the reconstruction of the buildings of the Common Water Works System are carried out, including those related to the production and distribution of electricity;
3. approve technical economic plans and mutual accounts for operation and maintenance, or, where appropriate, the reconstruction of the Water Works System objects;
4. to check compliance with the water balance approved in the joint contract project;
5. control and coordinate the activities of national operating organisations during floods and ice release.
(4) Government officials will carry out their activities according to a common statute approved by the Governments of the Contracting Parties.
CHAPTER III
ARRANGEMENTS OF WATER WORKS
Preparation and implementation of a joint investment
(1) The joint investment will be carried out under a joint contractual project drawn up by the Contracting Parties' organisations for the purpose of preparing the joint investment under the Agreement.
(2) Joint contractual project
(a) determine the main dimensions of the objects of the Water Works System, the technical characteristics of the technological equipment, the final construction schedule and the cost-bearing referred to in Article 12 (2);
(b) is the basis for:
1. order of technological equipment, building materials, mechanisms and steel structures of the Water Works System,
2. development of implementation projects of the Water Works System.
(3) The joint contractual project shall be approved in accordance with the national provisions of the Contracting Parties and approved by the government agents shall notify each other.
(4) Work on a joint investment will be organised by the Contracting Parties so that energy aggregates are put into operation in the years 1986- 1990.
Carrying of costs of joint investment, distribution of works and supplies
(1) The Contracting Parties shall bear the costs of implementing the joint investment jointly in the same proportion.
(2) The Contracting Parties shall offset their share of the costs of making a joint investment on the basis of the distribution of works and supplies in the same proportion by the actual execution of such works and supplies.
(3) The costs of implementing the joint investment are:
(a) the costs of the research, research and project work necessary for the development of the joint contractual and implementation projects;
(b) the costs of implementing joint investment objects, including the costs of objects, which are mutually agreed in a joint contractual project which the Contracting Parties have incurred before the entry into force of this Treaty and which are part of a joint investment task;
(c) the cost of acquiring the real estate needed permanently or temporarily to realise the investment.
(4) The allocation of project, research and research work for the joint contractual project is contained in the Agreement.
(5) The work and supplies associated with the implementation of the joint investment have been divided between the Contracting Parties as follows:
(a) the Czechoslovak Party will implement:
1. left-hand objects stalled by Hrušov-Dunakiliti on Czechoslovak territory,
2. derivative channel - feed channel on Czechoslovak territory,
3rd degree Gabčíkovo on Czechoslovak territory,
4. the protection measures of Nagymaros on the Czechoslovak territory except the lower Ipeľu region,
5. reclamation on Czechoslovak territory;
(b) the Hungarian Party shall implement:
1. right-cut objects will stay the Hrušov-Dunakiliti on the Czechoslovak territory including the connecting dam and the rectifying dam,
2. artisanal objects stalled by Hrušov-Dunakiliti on Hungarian territory,
3. eat Dunakiliti on Hungarian territory,
4. derivative channel -- waste channel on Czechoslovak territory,
5. deepening the Danube trough under Palkovich on Czechoslovak and Hungarian territory,
6. modification of the old Danube trough on Czechoslovak and Hungarian territory,
7. operating equipment of the water works Gabčíkovo on Czechoslovak territory (means of transport and maintenance machines),
8. conservation measures of Nagymaros for lower Ipeľu on Czechoslovak territory,
9. protective measures will keep Nagymaros in Hungarian territory,
10th grade Nagymaros on Hungarian territory,
11. deepening the trough below the Nagymaros level in Hungarian territory,
12. the operational equipment of the Nagymaros water works on Hungarian territory (means of transport and maintenance machines),
13th reclamation in Hungarian territory.
(6) The distribution of works and supplies of the joint investment referred to in paragraph 5 shall be evaluated by the Contracting Parties in the joint contractual project. The evaluation of works and supplies shall not affect the distribution of the objects (s) referred to in paragraph 5 and the level of compensation shall not exceed two and a half per cent of the budgetary value of the works and supplies to the parties to the implementation referred to in paragraph 5. The compensation for this difference shall also be made in works and deliveries. The costs of implementing the joint investment shall be quantified in the joint contractual project on the basis of mutually agreed budget schedules in Czechoslovak crowns and forints at the price level applicable on 1 January 1975.
(7) Each Contracting Party shall bear, in its entirety, all the costs of the realisation of the premises and, where appropriate, of works and supplies resulting from the division of works and supplies of the joint investment.
(8) The Contracting Parties shall, in their respective competence, ensure the development of implementing projects for buildings or, where appropriate, the work of joint investment, which shall cover each of them according to the distribution of works and supplies and in accordance with the approved joint contract project, and shall ensure the implementation of the objects under their own responsibility.
(9) The Contracting Parties shall ensure that implementation projects, as well as the implementation of buildings and works are consistent with and are responsible for each other in an approved joint contractual project.
Organisation of the implementation of the joint investment
(1) The Contracting Parties shall ensure the implementation of the tasks related to the implementation of the joint investment through their own investment organisations.
(2) The control and coordination of the activities of the Investment Organisations of the Contracting Parties shall be ensured by government agents.
Moreover, the cost compensation for joint investments
(1) After the division of works and the supply of joint investment, the settlement of other common investment costs for the construction of the Water Works System between the Contracting Parties will only cover the following cases:
(a) the damage suffered during the execution of the investment due to irreversible circumstances (vis mail);
(b) cases caused by unforeseen geological circumstances;
(c) jointly adopted modifications to the technical solution of the approved joint contractual project.
(2) Unforeseeable geological ratios shall be classified as cases where geological ratios observed during work deviate substantially from geological ratios identified by the survey for the joint investment task and the joint contractual project. Moreover, costs caused by errors in the survey and in the project or due to the misexecution of construction works cannot be considered as a result of unpredictable geological circumstances.
(3) Costs incurred as a result of the cases referred to in paragraph 1 shall be borne by the Contracting Parties in the same proportion after approval by the Agents of Government.
(4) The Contracting Parties shall endeavour to ensure that the differences arising from the division of works and supplies in the same proportion are balanced by works and supplies as far as possible during implementation.
Owning of objects implemented as a joint investment
(1) From the objects of the Water Works System implemented as a joint investment, the joint ownership of the Contracting Parties is in the same proportion:
(a) eat Dunakiliti (Article 1 (2) (b)),
(b) the derivative channel (Article 1 (2) (c));
(c) Gabčík's degree (Article 1 (2) (d));
(d) Nagymaros (Article 1 (3) (b)).
(2) The Contracting Parties have, on the basis of joint ownership, the rights and obligations arising from the relevant provisions of this Treaty.
(3) Other objects of the Water Works System implemented as a joint investment are transferred to the ownership of the Contracting Party in whose territory they were built.
CHAPTER IV
OPERATIONS OF THE OBJECTS OF THE WATER CALL
Share of Contracting Parties in benefits from the Water Works System
(1) The Contracting Parties shall participate in the benefits and benefits of the Water Works System in the same proportion.
(2) In the same proportion, the Contracting Parties have at their disposal the performance of the power plants and in the same proportion they share in the basic and peak energy produced from the power plants.
(3) In implementing the construction of water works proposed in the Danube immediately above and below the System of Water Works, the Contracting Parties shall agree separately to take account of their mutual influence.
Method of operation of objects Water works system
(1) The operations of the Water Works System, which are the common ownership of the Contracting Parties, are carried out by the entrusted operational organisations of the Contracting Party in whose territory they have been built, in a coordinated manner, as a single work, in accordance with the jointly agreed working and operating rules.
(2) The operation of the objects of the Water Works System, which are the property of one Contracting Party, is separately cared for and maintained, where appropriate, in a jointly defined manner by the organisations of that Contracting Party.
(3) The Contracting Parties shall ensure that organisations which take care of the operation of the Water Works System ensure compliance with the provisions laid down with the conditions corresponding to the requirements of coordinated and effective operation of the whole Water Works System.
(4) When operating the energy objects of the Water Works System, the following principles shall in particular be observed:
(a) to ensure the operation of hydroelectric power plants of both stages of the Water Works System in such a way that account is taken of the requirements of the energy organisations of the Contracting Parties, the requirements of efficiency and economy are also met;
(b) to distribute and use electricity and electricity under mutual agreement of the Contracting Parties' national dispatches.
Organisation of the operation of the objects of the Water Works System
(1) The Contracting Parties shall entrust the operation of the objects of the Common Water Works System in their territories to the national operating organisation as follows:
(a) the operation of energy objects - energy organisations;
(b) the operation of water and navigation facilities - water management organisations.
(2) The control and coordination of the activities of the national organisations responsible for the management of the Water Works System are ensured by the agents of governments.
Not bearing the costs of operating and billing the Water Works System
(1) The costs of operation, maintenance (repair) and reconstruction of the objects of the Water Works System which constitute joint ownership are borne jointly by the Contracting Parties in the same proportion.
(2) Objects which become owned by one Contracting Party and for which the costs of operation, maintenance (repair) and reconstruction are borne jointly by the Contracting Parties in the same proportion shall be determined in a joint contractual project.
(3) Costs other than those referred to in paragraphs 1 and 2, as well as flood protection costs, shall be borne by each Contracting Party itself.
(4) Only direct costs may be charged for operation, maintenance and reconstruction. The direct cost range shall be determined by the operators before the start of operations. The specification shall be approved by government agents. The general (overheads) costs, taxes and contributions to the State budget, depreciation costs and water charges used for electricity generation are not considered as direct costs.
(5) The planning and accounting of costs borne jointly pursuant to paragraphs 1, 2 and 4 shall be carried out as follows:
(a) the operating organisations shall draw up annual plans for operation, maintenance and reconstruction approved by government agents. These plans shall include a breakdown of the work according to whether they are carried out by the operating organisations or awarded to another undertaking;
(b) the work carried out by other undertakings must be accounted for by invoices checked by the operators;
(c) the accounts of the work carried out on the basis of the plans shall be approved annually by government agents;
(d) detailed rules on planning and billing shall be drawn up by operational organisations in accordance with the guidelines of the Agents of Governments, with the agreement of the financial authorities of the Contracting Parties prior to the commencement of operations.
(6) The combined annual operating costs shall be expressed by converting national currencies into transferable roubles. If the conversion factors are not generally applicable at the time of the start of operations, they shall be agreed by the financial authorities of the Contracting Parties.
(7) The Contracting Parties shall endeavour to offset the differences resulting from the operating costs by working, as far as possible, under the annual plans for the operation, maintenance and reconstruction of the Water Works System. The arrangements for settling the remaining differences shall be agreed by the competent authorities of the Contracting Parties.
CHAPTER V
TASKS OF THE WATER ECONOMIC
Protection against flooding and ice removal
(1) The water management organisations of the Contracting Parties carry out the tasks of flood protection.
(2) During the floods and ice courses at the Water Works System, government agents shall coordinate the activities of the Contracting Parties' flood bodies.
(3) During the floods and ice courses, the operation of the water works system objects to the requirements of flood protection.
(4) Large waters and ice are released by the system of water works in accordance with the handling and operating rules of the system of water works.
Water collection from the Danube
(1) In the Danube trough between km 1842 and 1811 flow rates determined in the balance sheet of the water of the approved joint contract project shall be ensured unless the natural conditions or other circumstances temporarily require more or less flow rates.
(2) On the joint Czechoslovak-Hungarian section of the Danube, the Contracting Parties are entitled to withdraw and use the quantity of water determined in the water balance of the approved joint contract project without prior notification.
(3) If further sampling on the common Czechoslovak-Hungarian section of the Danube over the quantity determined in the balance sheet of the waters of the approved joint contract project reduces energy production, the Contracting Party carrying out the procurement will be affected by a corresponding reduction in the share of electricity consumption.
Water quality protection
(1) The Contracting Parties shall ensure that, in the context of the construction and operation of the Water Works System, the water quality in the Danube is not impaired.
(2) Water quality control in connection with the construction and operation of the Water Works System will be carried out on the basis of the contractual arrangements in force between the Contracting Parties' Governments on water issues at border waters.
Maintaining the Danube trough
Maintaining the Danube trough, including the old Danube trough, is the task of the relevant national organisations of the Contracting Parties. Maintenance work shall be carried out in accordance with the approved management and operating rules of the Water Works System within the meaning of the provisions of the contractual arrangements in force between the Contracting Parties' Governments on water management issues at border waters.
Authorisation for the water sector and water management
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 109 / 1978 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the construction and operation of the Gabčíkovo Water Works System - Nagymaros |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.09.1978 |
|---|---|
| Effective from | 30.06.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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