Agreement Between The Government Of The Federal People's Republic Of Yugoslavia And The Government Of The People's Republic Of Albania Concerning Water Economy Questions, Together With The Statute Of The Yugoslav-Albanian Water Economic Commission And With The Protocol Concerning Fishing In Frontier Lakes And Rivers
Source: Unofficial
The Government of the Federal People's Republic of Yugoslavia and the Government of the People's Republic of Albania, in order to settle questions of water economy on watercourses which form the State frontier and watercourses, lakes and water systems intersected by the State frontier, have decided to conclude an Agreement....
Article 1
1. The Contracting Parties undertake, pursuant to the provisions of this Agreement, to examine and to resolve by agreement all questions of water economy, including measures and works which may affect the quantity and quality of the water and which are of interest to both or either of the Contracting Parties, having due regard to the maintenance of a common policy in water economy relations and recognizing the rights and obligations arising out of such policy.
2. The provisions of this Agreement shall apply to all water economy questions, measures and works on watercourses which form the State frontier and watercourses, lakes and water systems which are intersected by the State frontier (especially Lake Ohrid, the Crni Drim, the Beli Drim, Lake Skadar and the Bojana), and which are of interest to both Contracting Parties, and in particular to:
a. The utilization of water power;
b. The regulation and canalization of watercourses and lakes and the maintenance of their beds;
c. The discharge of water, drainage and similar measures;
d. Protection against flooding;
e. Storage and retention works,
f. Water supply and pipe-laying;
g. Navigation;
h. Ground water;
i. Protection against soil erosion;
j. The utilization of water in agriculture;
k. Hydrological studies, the preparation of projects and the execution of work;
l. Fishing;
m. The apportionment of the cost of survey, planning and construction works, and of operation and maintenance;
n. The exchange of data and plans and of information on the above questions; and
o. The exchange of data on water levels.
3. The expression " water system " shall mean, in this Agreement, all watercourses (surface or underground, natural or artificial), installations, measures and works which may affect watercourses from the standpoint of water economy, and installations forming or intersected by the State frontier.
4. The expression " water economy " shall mean, in this Agreement, everything covered by the sense of the French expression " regime des eaux ".
5. The question of fishing shall be regulated by a separate Protocol which shall constitute annex II to this Agreement.
Article 2
The Contracting Parties undertake:
1. By agreement, each in its own territory and jointly in the case of watercourses which form the State frontier and watercourses, lakes and water systems intersected by the State frontier, to maintain in good condition the beds of watercourses and lakes and all installations and structures thereon, in so far as they are of interest to both Parties.
2. To effect the coordinated management and operation of installations and structures, with due regard to the interests of both Parties.
3. By agreement, to modify existing installations or to erect new installations and to initiate new works and measures in the territory of either Contracting Party for the purpose of changing the water economy relations on watercourses which form the State frontier and watercourses, takes and water systems intersected by the State frontier.
Article 3
1. Where both or either of the Contracting Parties participate in planning, erecting, maintaining and operating new installations and structures in the interests of both Contracting Parties, the question of the apportionment of expenses and of the method of payment shall be settled by agreement between the Contracting Parties.
2. The entire cost of erecting and maintaining installations and structures, and of carrying on operations, measures and works, in the territory of one Contracting Party for the sole benefit of the other Contracting Party shall be borne by the interested Party.
Article 4
1. Questions arising out of the provisions of this Agreement, and measures and works undertaken pursuant thereto, shall fall within the competence of the Yugoslav-Albanian Water Economy Commission (hereinafter referred to as the Commission) which shall be established for this purpose. The composition, terms of reference and procedure of the Commission shall be as laid down in the Statute, which shall constitute an integral part of this Agreement as annex I.
2. The Commission shall, as necessary, draw up joint regulations for protection against flooding and other regulations. Such regulations shall be approved by the Governments of the Contracting Parties before their entry into force.
Article 5
1. The necessary construction materials and fuel for the execution of works under this Agreement, which are transferred from the territory of one Contracting Party to the territory of the other Contracting Party, shall be exempt from all import and export taxes and from all import and export restrictions.
2. The necessary equipment for the execution of works (machinery, vehicles, tools and the like) shall be provisionally exempt from taxes provided that the articles concerned are declared to the customs authorities for identification and are returned within the time-limit laid down by the customs authority. The deposit of security for this purpose shall not be required. The appropriate taxes shall be payable in respect of any articles not returned within the prescribed time-limit. Where any such article is completely worn out and thus rendered unusable, and consequently cannot be returned, the question shall be examined separately.
3. The two Contracting Parties guarantee to facilitate for each other the customs procedure for the transit of construction materials and fuel, and of equipment for the execution of works, which are exempt from taxes.
4. Construction materials, fuel and equipment for the execution of works shall be subject to customs supervision and examination by the Contracting Parties.
5. The Commission shall determine in each individual case the extent, and the conditions for the enjoyment, of the privileges provided for in this article of the Agreement.
Article 6
The Contracting Parties undertake, each in its own territory, to preserve and maintain and, where necessary, to augment or renew, such permanent benchmarks and datum marks along the frontier as are necessary for the purpose of works on the waters. Both Contracting Parties may use these marks. If it is necessary to cross the State frontier in order to use the said marks, the provisions of article 7 of this Agreement shall apply.
Article 7
For the purpose of applying and giving effect to the. provisions of this Agreement, the members of the Commission and experts of the water economy services of the Contracting Parties shall be supplied with official passports and official visas.
For the purpose of deciding upon joint measures or of carrying out joint works, such persons as either Contracting Party may designate shall meet at the State frontier at a place and time to be determined in each specific case by agreement between the competent local authorities of the Contracting Parties.
The persons referred to in the preceding paragraph shall be supplied with special passes issued by the competent authorities of the Contracting Parties and endorsed for passage across the frontier by the competent local authorities of the Contracting Party into whose territory the crossing is made.
Detailed provisions for the issue of special passes for crossing the State frontier shall be drawn up by the Commission and submitted to the Governments of the Contracting Parties for approval.
Article 8
The local authorities of the Contracting Parties shall advise each other, by the quickest possible means, of any danger from high water and of any other impending danger which may arise on watercourses which form the State frontier and watercourses, lakes and water systems intersected by the State frontier.
Article 9
Questions on which the Commission fails to reach agreement shall be transmitted by the Commission to the Governments of the Contracting Parties for decision.
Article 10
Any dispute between the Contracting Parties relating to the application and interpretation of this Agreement shall, unless the two parties to the dispute agree upon some other mode of settlement, be submitted at the request of either Contracting Party to a commission composed of two representatives of each Party. If this commission fails to reach agreement, the dispute shall be settled directly by the Governments of the two Contracting Parties.
Article 11
This Agreement shall be ratified. The instruments of ratification shall be exchanged at Tirana.
The Agreement shall enter into force on the date of the exchange of the instruments of ratification.
Article 12
The Agreement shall remain in force for a term of five (5) years from the date of its entry into force. Unless it is denounced by either Contracting Party one year before the expiry of the term of five (5) years, the Agreement shall be extended automatically, subject to denunciation by either Contracting Party at one (1) year's notice.
