Agreement on cross-border cooperation in the field of research, development and protection of natural resources (Соглашение о приграничном сотрудничестве в области изучения, освоения и охраны недр) (Minsk, 31.05.2001)
Source: http://www.conventions.ru/view_base.php?id=784, downloaded 20130709 (Google translation into English)
The governments - the parties to this Agreement, hereinafter referred to as the Parties,
Aiming to strengthen cooperation and enhance mutual understanding in matters of research, development and protection of natural resources in the border areas of the Parties,
Attaching great importance to accelerate the development of the productive forces and social issues on the basis of cost-effective and environmentally sound mineral development in the border areas of the Parties,
guided by the decisions of the Council of Heads of State of the Commonwealth of Independent States Declaration of the Heads of State - the CIS on the main directions of development of the Commonwealth of Independent States from April 2, 1999, the Mining Charter states - members of the Commonwealth of Independent States on 27 March 1997 and the Agreement on Cooperation in the field of study, exploration and use of mineral resources from the March 27, 1997,
Have agreed as follows:
Article 1
1. This Agreement relates to the issues of cross-border cooperation of the subsurface areas along the borders of the Parties on land, in the conditional band ranging scale 1:50,000 topographic sheets in some areas, in agreement authorized agencies of neighboring Parties, extended to the area of ??cross-border geological structures or underground water basins, the production of geological work which may affect the interests of the Parties.
The problems of ecological safety, rational use and protection of transboundary water bodies and open other related to the subject matter of this Agreement, matters are governed by separate agreements.
2. Terms used in this Agreement shall have the following meanings:
state boundary - the line and passing along this line the vertical surface defining the limits of the national territory (land, water, mineral resources and airspace);
adjacent sides - government, having a common frontier;
border area - adjacent to the border territory of a Party, which is under the administrative guidance of the competent local authority;
the competent authority of the border area - a body of government border area or a body designated by each of the Parties to the adjacent leadership and coordination of joint activities related to the implementation of this Agreement;
transboundary mineral deposit - the subsurface, which is localized in a mineral or subsurface water, crossing the state border of neighboring Parties;
cross-border geological structure - passing through the state border geological formations, which are deposited or may lie adjacent to the Parties to the common cross-border deposits of minerals or groundwater;
traditional economic activities - historically established activities of the population in the border areas concerning the use of common minerals for their own needs.
3. For the purposes of this Agreement, adopted the following classification of mineral deposits:
- Hydrocarbons;
- Solid minerals;
- Groundwater;
- Common minerals used by the population of the border areas for their own needs.
4. This Agreement shall apply to the following types of geological, scientific, research, design and production work:
- Regional geological, geophysical, geochemical, hydrogeological, geotechnical, and other specialized studies geology and regional environmental monitoring;
- Search, prospect evaluation and exploration activities;
- The development of mineral deposits;
- Production of common mineral resources by local people for their own use;
- Environmental and geological work within existing mining leases, suspended, abandoned mining companies to assess the environmental hazard of their production activities and educated dumps, tailings and shlakohranilisch, sewage and mine waters;
- Environmental assessment of projects on the exploration and development of mineral deposits;
- The protection of mineral resources, as well as the geological formations which have the status of natural monuments.
Article 2
Party in the territory of which are, or may be found cross-border mineral deposits tend to their joint exploration and development.
The area of joint work on the study, development and conservation of resources is determined by the neighboring Parties in accordance with their existing legislation, on the basis of treaties, which are agreed border, customs, administrative regimes and other procedures required for the implementation of joint projects .
Article 3
The Parties shall promote concerted action and mutually acceptable decision-making during the border areas of joint activities listed in paragraph 4 of Article 1 of this Agreement.
Article 4
When unilateral conduct referred to in paragraph 4 of Article 1 of this Agreement kinds of work in the border areas of neighboring Parties based on the principle of undiminished mineral resources, economic entities and the environment adjacent sides, as in the case of deviation from this principle by agreement undertake to make amends .
Article 5
Neighbouring Parties undertake on its own initiative or at the request of the adjacent sides informed about the intention of the border areas of geological work referred to in paragraph 4 of Article 1 of this Agreement.
Article 6
Side leading to the border areas of geological work listed in paragraph 4 of Article 1 of this Agreement shall, on its own initiative and on request Parties to provide contiguous or adjacent to the Party by agreement the third party the necessary materials to conduct environmental impact assessment, as well as the results of environmental impact assessments to evaluate the impact these activities on the environment or the adjacent sides conduct joint environmental assessments of these works.
Article 7
Study and exploration of solid minerals in the border areas unilaterally can be carried to the state border or within a certain distance from the border of agreement of neighboring Parties, provided that such work will not result in deterioration of mining conditions of work in the fields located in the territory of neighboring Parties .
Article 8
1. The study and development of transboundary hydrocarbon deposits and groundwater mining of which unilaterally cause the change in the quantity or quality of the stocks in the field belonging to neighboring Parties shall be conducted on the basis of agreements between the Parties.
2. Study and exploration of solid minerals, if it would change the conditions of mining production in the part of the field belonging to the adjacent Party, held on the basis of agreements concluded between the neighboring Parties.
3. The development of solid minerals in the border areas, if it would change the status of groundwater resources adjacent sides, made on the basis of agreements concluded between the neighboring Parties.
4. The development of the border areas of surface water bodies, if this can result in changes in the quantity or quality of transboundary groundwater basins belonging to the adjacent Party shall be carried out on the basis of agreements concluded between the neighboring Parties.
Article 9
1. Common minerals for traditional economic activities unilaterally practiced only to the state border or within a certain distance from it by agreement of neighboring Parties.
2. Common minerals for traditional economic activities in the border areas of neighboring Parties shall jointly or unilaterally can be fulfilled by the agreement of the competent authorities in border areas.
Article 10
Joint work on all kinds of minerals listed in paragraph 4 of Article 1 of this Agreement, except for their own use of commonly occurring in the border areas are carried out on the basis of agreements between neighboring Parties in a single system of geodetic coordinates and uniform topographic base.
Article 11
The provisions of this Agreement shall not affect the obligations undertaken by the Parties under other international treaties.
Article 12
This Agreement may be amended by mutual consent of the parties, which are issued by appropriate reports are an integral part of this Agreement, and shall enter into force as provided in Article 16.
Article 13
Controversial issues related to the application or interpretation of this Agreement shall be settled by negotiations between the interested parties or by arbitration, or by using other procedures are not contrary to international law, unless otherwise stated in the specific contract relating to the implementation of the provisions of this Agreement.
Article 14
This Agreement shall be open for accession by other states that share its aims and principles, with the consent of all Parties through the depositary of instruments of such accession.
Accession shall be put into effect from the date of receipt by the depositary of the last communications of its acceptance of the accession.
Article 15
Each Party may withdraw from this Agreement upon notice in writing to the Depositary of its intention not later than one year before the date of withdrawal and settling financial and other obligations incurred during the duration of this Agreement.
Article 16
This Agreement is concluded for an indefinite period and shall enter into force on the date of deposit of the third notice of the implementation of the signatory Parties of internal procedures necessary for its entry into force.
For parties who have completed the necessary procedures later, it shall enter into force on the date of deposit of the notice.
Done at the city of Minsk on May 31, 2001 in a single original in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which shall send to each signatory to this Agreement, a certified copy thereof.
(Signatures)
INFORMATION ON THE IMPLEMENTATION OF DOMESTIC PROCEDURES FOR AGREEMENT (Ratification) of BORDER COOPERATION on Exploration, development and protection of mineral resources of 31 MAY 2001 (As of February 1, 2003)
The Agreement shall enter into force in accordance with art. 16.
Signed by Belarus, Kyrgyzstan, Moldova, Russia, Tajikistan, Ukraine.
Passed the notice:
Moldova - 21.06.2001 deposited (the need to implement internal procedures);
Russia - 16.07.2001 deposited;
Belarus - 25.09.2001 deposited;
Kyrgyzstan - 04.10.2001 deposited;
Tajikistan - 21.01.2002 deposited.
The Agreement entered into force on 04.10.2001.
Entered into force for the States:
Russia, Belarus and Kyrgyzstan - 04.10.2001;
Tajikistan - 21.01.2002.
