Agreement on Cooperation in the Field of Use and Protection of the Dnipro Basin

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The Parties to this Agreement – the Council of Ministers of the Republic of Belarus, the Cabinet of Ministers of the Russian Federation, and the Cabinet of Ministers of Ukraine – hereinafter referred to as the Parties,

 

Recognising the historic, economic, social, and cultural significance of the Dnipro River in the formation and development of the three nations of the Republic of Belarus, Russian Federation, and Ukraine;

Conscious of the role of the Dnipro Basin in the formation of ecosystem and climatic processes in the whole European region, and its impact on the Black Sea ecosystem;

Concerned about the ecological state of the Dnipro Basin, and problems relating to the provision of good quality drinking water supply and the conservation of biological and landscape diversity;

Recognising that the efforts currently being made at the local, national, and international level are not sufficient to ensure the substantial improvement of the ecological state of water bodies in the Dnipro Basin, and aware of the threat of loss of the Dnipro Basin ecosystem;

Convinced of the need for agreed political decisions in the field of nature use and environment protection in the Dnipro Basin;

Recognising that the rehabilitation of the Dnipro Basin ecosystem can only be ensured through the focused and coordinated action at the international and national level;

Appreciating the role of the public and the need for raising the public awareness on issues relating to the environmental rehabilitation of the Dnipro Basin,

 

Referring to the provisions of:

- The global and regional UN Conventions, to which the riparian countries of the Dnipro Basin are parties,

- The bilateral and multilateral agreements on cooperation in the field of environment protection and joint use/protection of transboundary water bodies;

- The Directive 2000/60/ЕС of the European Parliament and Council of 23 October 2000, that sets out the guiding principles and approaches pursued by the European Union in the field of water policy.

 

HAVE AGREED AS FOLLOWS:

 

Article 1

 

The Parties shall develop and pursue an agreed policy in the field of environment protection in the Dnipro Basin, based on the Strategic Action Programme for the Dnipro Basin and the Mechanisms for its Implementation (hereafter referred to as ‘the SAP’), which constitutes an integral part of this Agreement (Annex 1).

 

Article 2

 

In accordance with the objectives defined in the SAP, the Parties commit themselves to achieving:

- The sustainable nature use and environment conservation in the Dnipro Basin;

- The environment quality that is safe for human health;

- The protection and conservation of biological and landscape diversity.

 

Article 3

 

In order to attain the objectives specified in Article 1 of this Agreement, the Parties shall take necessary steps to:

- Provide the improved legislative/regulatory and institutional mechanisms that are adequate and appropriate for ensuring the sustainable use of natural resources and protection of the environment in the Dnipro Basin at the national level;

- Establish the institutional framework for the international management of the Basin, including the adequate legislative framework for multi- and bilateral cooperation; and enhance cooperation with the international donor agencies in the field of environmental rehabilitation of the Dnipro;

- Provide the legal and institutional framework for encouraging and promoting the public participation in the decision-making process at the national and international level;

- Harmonise the environmental legislation of the riparian countries of the Dnipro Basin with that of the EU;

- Ensure safe water consumption and use in the Dnipro Basin;

- Achieve a reduction in anthropogenic load, for a range of priority chemical substances;

- Adjust the level of anthropogenic load, to take account of assimilating capacity of the Basin;

- Minimise the threat of adverse impact of radioactive pollution on the human health and environment;

- Ensure safe living conditions in the areas affected by flooding events and elevated groundwater levels;

- Ensure the stable ecological state of water bodies, river floodplains, and riparian ecosystems;

- Ensure the conservation and restoration of wetlands that constitute an integral part of the European ecological network;

- Achieve and maintain the optimal pattern of nature reserves and agricultural landscapes;

- Achieve and maintain the optimal forest cover that ensures the sustainability of the Dnipro Basin ecosystems and takes account of their specific zonal features;

- Ensure the stable ecological state of meadows and steppes;

- Create and maintain favourable conditions for the reproduction of native, endemic, and migratory fish species;

- Achieve and maintain the optimal network of nature reserves and ecological corridors.

 

Article 4

 

Within the framework of this Agreement, the Parties shall:

- Convene the Conference of the Parties as a supreme body responsible for managing the Dnipro Basin;

- Establish the International Dnipro Basin Commission, to be assisted by a permanent Secretariat. The Secretariat shall be responsible for the provision of organisational and technical support to the activities of the International Dnipro Basin Commission;

- Provide the legal support to and ensure the sustainable operation of the International Dnipro Basin Council, International Dnipro Basin Thematic Centres, and the International Forum of Non-Governmental Organisations (NGO);

- Coordinate the activities of the International Dnipro Basin Commission and bilateral Governmental Commissions on Use and Protection of Transboundary Water Bodies.

 

Article 5

 

The Parties shall identify the list of participants to the Conference of the Parties and grant the powers of a supreme international basin management body to this Conference. The primary function of the Conference of the Parties shall be the review of the implementation of this Agreement upon the report of the Commission. Based on this report, the Conference of the Parties shall make appropriate decisions and recommendations, adopted by consensus. The Conference of the Parties shall be convened upon recommendation of the International Dnipro Basin Commission (hereafter referred to as ‘the Commission’), at least on a three-year basis.

 

The Conference of the Parties shall be convened within one month at the request of any Contracting Party under extraordinary circumstances.

 

Article 6

 

In order to facilitate the implementation of the provisions of this Agreement and coordination of joint activities, the Parties shall assign the appropriate executive and administrative functions to the International Dnipro Basin Commission.

 

The Statute of the International Dnipro Basin Commission and its Secretariat shall be approved by the Conference of the Parties.

 

Article 7

 

The Parties shall delegate to the International Dnipro Basin Commission the responsibility for overall coordination of activities of the International Dnipro Basin Thematic Centres and International Expert Working Groups, the National Programme Management Committees, the International NGO Forum, the International Dnipro River NGO Network, set up within the framework of the UNDP-GEF Dnipro Basin Environment Programme and designed to facilitate the implementation of the SAP.

 

Article 8

 

The International Dnipro Basin Council (hereinafter referred to as ‘the Council’) shall act as a permanent advisory and consultation body. The Council shall comprise the representatives of the central and territorial executive authorities and local self-governance bodies from the three countries of the Dnipro Basin; the specialists representing leading scientific research organisations; the representatives of major water users (industries and institutions) in the Dnipro Basin, and/or their groups and associations; and the representatives of the non-governmental environmental organizations and other community groups.

 

The Leaders of the delegations representing each Contracting Party shall act as the Co-Chairmen of the Council and shall approve the list of representatives from each country of the Dnipro Basin.

 

In its activities, the Council shall closely interact with the Commission, its permanent and ad hoc bodies, national organizations and institutions from the three riparian countries of the Dnipro Basin.

 

The Council Statute shall be approved by the Conference of the Parties.

 

Article 9

 

The Parties shall facilitate the implementation of the Transboundary Monitoring Programme, which constitutes an integral part of this Agreement (Annex 2), in order to:

- Collect reliable information on the ecological state of the Dnipro Basin and make forecasts on potential changes in this state;

- Control the transboundary pollution loads and sources of contamination;

- Make prompt decisions in emergency situations and provide a solid scientific basis for the settlement of potential conflicts;

- Measure the progress and success of the SAP implementation and adjust the identified environmental rehabilitation strategy for the Dnipro Basin in a timely manner, if and where a need arises.

 

Article 10

 

The Parties shall agree the procedure for the processing and exchange of information on the basis of the Interstate Environmental Data Base. As part of this Agreement, the Parties shall approve the Procedure for the Interstate Exchange of Environmental Information (Annex 3).

 

Article 11

 

The Parties shall initiate the preparation of the Dnipro Basin State of the Environment Report, to be issued every five years, and the Transboundary Diagnostic Analysis. Based on these documents, the Parties shall review and amend, if and where necessary, the Strategic Action Programme for the Dnipro Basin and the Mechanisms for its Implementation, at the international and national level.

 

Article 12

 

Any dispute arising in relation to the interpretation or application of the provisions of this Agreement shall be resolved through consultations and negotiations.

 

Amendments to this Agreement shall be adopted by consensus of the Parties, and any such amendment shall have the form of a separate protocol, which shall come into force and effect in accordance with this Article of the present Agreement and constitute an integral part of this Agreement.

 

Article 13

 

The Parties shall jointly develop the rules and procedures on the liability for a failure in the performance of obligations defined by the provisions of this Agreement.

 

Article 14

 

The present Agreement shall not limit, alter or affect the rights and obligations of the Parties ensuing from other existing international agreements, relating to the issues covered in this Agreement, or any future international agreements that may be signed in relation to the subject and objectives of the present Agreement.

 

Article 15

 

The present Agreement is open for accession by any other country committed to its objectives and tasks.

The present Agreement can be acceded to by any international organisation, provided that the objectives and principles stated in this Agreement are shared by an acceding party.

 

Article 16

 

The present Agreement shall come into force and effect on the date of its signing by the authorised representatives of the Parties.

 

Article 17

 

Upon the expiry of fifteen years from the effective date of this Agreement, any Party may withdraw from this Agreement by providing a written notification of renunciation to the other Parties. The renunciation shall take effect on the 31^st of December of the year that follows the year of reception of the notification of denunciation by the other Parties.

 

In witness whereof the Parties hereto executed this Agreement in the city of ____________ on “____” ________________2004 in the Belorussian language, the Russian language, and the Ukrainian language in three copies, each of them being equally valid. The binding and controlling language for all matters relating to the meaning and interpretation of the provisions of this Agreement shall be the Russian language.

 

The following Annexes constitute an integral part of this Agreement:

Annex 1. Strategic Action Programme for the Dnipro Basin and the Mechanisms for its Implementation

Annex 2. Transboundary Water Monitoring Programme for the Dnipro Basin

Annex 3. Rules and Procedure of the Interstate Dnipro Basin Environmental Data Base

 

The original copies of this Agreement and Annexes to it shall be stored at the State Archive Offices of the Governments of the riparian countries of the Dnipro Basin.